HomeMy WebLinkAbout031006 RES - 11/15/2016 RESOLUTION AUTHORIZING SUBMISSION OF COMMENTS IN PROPOSED
RULEMAKING AT TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
("TCEQ") REGARDING REVISED TOTAL COLIFORM RULE PLUS, TCEQ RULE
PROJECT NO. 2015-035-290-OW, TO OPPOSE PROPOSED RULES THAT
ALLOW DISCRETIONARY ISSUANCE OF BOIL WATER NOTICES AND
REQUEST CLARIFICATION WITH REGARD TO OTHER PROPOSED
AMENDMENTS
Whereas, the City of Corpus Christi (City) water supply comes from four river basins and
serves approximately 500,000 customers in several Coastal Bend counties;
Whereas, the State of Texas through the Texas Commission on Environmental Quality
establishes rules and regulations regarding the public water supplies;
Whereas, the Texas Commission on Environmental Quality (TCEQ, agency, or
commission) issued notice of proposed rules to amend Title 30 of the Texas
Administrative Code, Environmental Quality, Chapter 290, Public Drinking Water, in
particular the following sections: §§290.38 (Definitions), 290.42 (Water Treatment),
290.46 (Minimum Acceptable Operating Practices for Public Drinking Water Systems),
290.47 (Appendices), 290.102 (General Applicability), 290.103 (Definitions), 290.104
(Summary of Maximum Contaminant Levels, Maximum Residual Disinfectant Levels,
Treatment Techniques, and Action Levels ), 290.106 (Inorganic Contaminants), 290.107
(Organic Contaminants),290.108 (Radionuclides Other than Radon), 290.109 (Microbial
Contaminants), 290.110 (Disinfectant Residuals), 290.111 (Surface Water Treatment),
290.112 (Total Organic Carbon (TOC)), 290.113 (Stage 1 Disinfection Byproducts(TTHM
and HAA5), 290.114 (Other Disinfection Byproducts (Chlorite and Bromate), 290.115
(Stage 2 Disinfection Byproducts (TTHM and HAA5), 290.116 (Groundwater Corrective
Actions and Treatment Techniques), 290.117 (Regulation of Lead and Copper), 290.118
(Secondary Constituent Levels), 290.119 (Analytical Procedures), 290.121 (Monitoring
Plans), 290.122 (Public Notification), 290.272 (Content of the Report), and 290.275
(Appendices A — D); and
Whereas, as stated on the TCEQ notice of proposed rulemaking: "This rulemaking
proposes to amend existing state rules in 30 Texas Administrative Code Chapter 290 for
consistency with the Revised Total Coliform Rule, align current state rules with federal
regulations and to clarify and streamline additional existing state rules"; and
Whereas, there must be predictability in the TCEQ rules and regulations allowing public
water systems to respond promptly and mitigate potential problems which will insure
consumer confidence in local and state officials in protection of the public health and
welfare; and
1131006
INDEXED
Whereas, TCEQ proposed rules amending Section 290.46(q)(1) through (5) allowing for
discretionary authority for the Executive Director to issue boil water notices for
administrative non-compliance undermines predictability in the TCEQ rules and
regulations; and
Whereas, the City generally opposes regulations that impose unfunded mandates that
require expenditures by the City unless all costs are fully reimbursed by the mandating
governmental entity;
Whereas, proposed rules may result in increased costs of compliance without a
corresponding benefit to public water system operations or public health and welfare;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF
CORPUS CHRISTI, TEXAS:
Section 1. That the City of Corpus Christi generally opposes amendments to Section
290.46(q) that provide for discretionary issuance of boil water notices which would
undermine predictability in the TCEQ rules and regulations.
Section 2. That the City of Corpus Christi requests that terms "special precautions" and
"protective measures" that may be required to be instituted by a public water system by
proposed amendment to Section 290.46(q)(5) be clearly defined to ensure predictability
in the TCEQ rules and regulations.
Section 3. That the City of Corpus Christi opposes the amendments to Section
290.46(q)(5) (A) (i) that allows for discretionary authority for the Executive Director to
issue boil water notices for administrative non-compliance and in lieu thereof, would
propose that TCEQ consider alternative methods of enforcement for administrative non-
compliance.
Section 4. That the City of Corpus Christi opposes the amendments to Section
290.46(q(5)(A)(iii) that may provide for issuance of boil water notice based on a single
failure to maintain disinfectant residuals and instead would propose consideration of less
severe responses based on results of further investigations.
Section 5. That the City of Corpus Christi opposes the amendments to Section
290.46(q)(5)(B) which mandates that a public water system implement special
precautions, protective measures, or issue boil water notices to customers "within 24
hours or within time period specified by the executive director" because there needs to
be reasonable and clearly established time for the public water system to respond and
implement such orders.
Section 6. That the City of Corpus Christi proposes that the word "may" be changed to
"shall" in amendment to 290.46(q)(6) so that it would read as follows: "The executive
director may shall provide written notification to the public water system once the public
water system has provided required [boil water notice] compliance documentation to the
executive director."
Section 7. That the City of Corpus Christi requests clarification to proposed amendments
to Section 290.46(q)(6)(E) regarding water samples for microbiological analysis to clarify
whether this requirement is only for boil water notice orders associated with microbial and
disinfectant level related events and to clarify sample location determination.
Section 8. That the City of Corpus Christi proposes that the term "Certificate of Delivery"
as used in proposed amendment to Section 290.46(q)(1) be defined to include email
notification within 24 hours and documents with certificate of delivery to be provided within
3 business day.
Section 9. That the City of Corpus Christi proposes modifications to amendments to
290.106(e), 290.107(e), 290.108(e) , and 290.115 (e) to provide that the public water
system should not be penalized for failure to timely provide the sampling reports when
delay is caused by events outside control of the public water system.
Section 10. That the City Manager or designee is authorized to submit a copy of this
Resolution along with the attached and incorporated Exhibit A as comments in TCEQ
Rule Project No. 2015-035-290-OW.
Attest: City of Corpus Christi
Amv,
Rebecca Huerta, City Secretary Nelda Martinez, Mayor
Corpus Christi, Texas
The above resolution was passed by the following vote:
Nelda Martinez
1
Rudy Garza a.,!
Michael Hunter
Chad Magill
Colleen McIntyre
Brian Rosas r 12
Lucy Rubio
031006
Mark Scott 1101� i
Carolyn Vaughn , . I
1
Page 1 of 3
EXHIBIT A
The City of Corpus Christi believes the public health and welfare of the community is of paramount importance.
However, the City respectfully disagrees with some of the proposed amendments to the existing state rules in 30
Texas Administrative Code Chapter 290 related to the Revised Total Coliform Rule (RTCR). The Proposed rule
amendments,along with comments regarding why our Public Water System(PWS)holds concern and what alternative
might be suggested,are attached.
Multiple proposed rule amendments give complete authority to the Executive Director of TCEQ to require the public
water system to issue Boil Water Notices (BWNs). This includes circumstances such as failing to provide compliance
information on time,failing to provide monthly reports on time,a single disinfectant residual below state guidelines,
sample results not reported on time by a state contracted laboratory, or any other condition the Executive Director
feels warrants a BWN.
Boil water notices are necessary when public health is threatened by contamination of the water system. However,
there must be predictability in the rules and requirements governed by the TCEQ for our PWS to be able to have
appropriate mitigation responses. This will allow the consumer confidence to be maintained. If the proposed changes
by TCEQ in the table attached are implemented, the public will lose faith in the water quality being provided when
BWNs are issued unnecessarily. BWNs must not be issued when the drinking water in the PWS is safe for consumption
based on scientific data.
Additionally, in 2016 TCEQ approved a significant increase in the per connection fee for large water systems, which
will cost the City of Corpus Christi an additional$229,418.50 annually.The City currently pays in aggregate in excess
of$40 million per year to TCEQ for all relevant fees. The new Chapter 290 rules proposed by TCEQ contemplates
additional fee increases to be borne by public water systems, including municipalities, to the tune of another
$2,709,308 for 14 FTEs over the next biennium to administer the Revised Total Coliform Rules (RTCR), according to
TCEQ's Legislative Appropriations Request Exceptional Items.
These fee increases are an unwarranted burden on municipalities and public water system because the Texas
Legislature has historically failed to adequately fund TCEQ's basic service, equipment and personnel needs. The
shifting of the financial burden to fund TCEQ operations from the State to local level significantly inhibits a municipality
or public water system from investing in infrastructure and operational improvements to deliver reliable,clean water
supplies to its customers.
According to the Fiscal Note: Costs to State and Local Government (page 50) in the Chapter 290 proposed rule
amendments, "the additional activities may also require local governmental entities who own public water systems
to hire consultants to develop: 1)Sample Siting Plan revisions;2)Level 1 or Level 2 assessments;3)corrective actions;
or 4) seasonal start-up procedures. Costs associated with Level 1 and Level 2 assessments could be significant for
activities concerning maintenance,treatment,and distribution system infrastructure improvements." Simply put,the
proposed fees outlined above may not be all encompassing of the costs associated with the approval of the proposed
rule changes.
While the City of Corpus Christ agrees that public health and welfare is of the utmost importance,the acceptance of
these rule changes along with the increase of fees paid to TCEQ may in fact cause unnecessary public distress.
Page 2 of 3
No. Rule being Changed Proposed TCEQ Rule Change Issue Proposed Modification
Boil Water Notice and
Rescind Notices must be 24 hours may be difficult to
provided to the Executive
§290.46(q)(1) Director within 24 hours or comply with. Would have to Notification to Executive
no later than the next immediately get Director by email within 24
1 p. 166 documentation compiled, hours and documents with
business day after issuance
by the public water system reviewed and to mail carrier COD provided to ED within 3
Also see 5 below and shall be accompanied and overnight service may business days.
with a signed Certificate of still be too late.
Delivery.
Actions may be required by
the executive director. What are"special Clarification of what a special
§290.46(q)(5) Special precautions, precautions"and "protective precaution and a protective
2 protective measures, and measures"and what measure is,and the
p. 169 boil water notices may be circumstances would each be circumstances that each may
required at the discretion of used in? be used.
the executive director...
Circumstances warranting Boil Water Notices when
Public Notification at a Tier 3
§290.46(q)(5)(A)i the exercise of such public health is not at risk level, which is noted to be
discretion (§290.46(q)(5)) leads to unnecessary costs on
p. 169 may include...the public local residents, businesses used when a public water
3 system fails to perform
water system has failed to and the water system. Also
(Tier 3 Notification provide required compliance causes undue concern by monitoring required.
on p. 562) information to the executive residents regarding safety of Requires annual notification
director. drinking water.
for a 7-day period
A single failure to maintain Adopt a 5%rule,such as
disinfectant residual should
exists with Total Coliform
not constitute a BWN.
Circumstances warranting positive samples requiring
the exercise of such Multiple issues(construction, actions like public notification
§290.46(q)(5)(A)(iii) discretion(§290.46(q)(5)) valve errors, instrument or BWN if 5%of residuals are
malfunction, human error,
4 may include...the public disinfectant change during below minimum TCEQ
p.170 water system has failed to requirements.Alternatively,
maintain adequate conversions, etc.) can cause a adopt EPA requirements of
single residual reading to fall
disinfectant residuals. detectable total chlorine
below minimum residual, rather than 0.5 mg/L
requirements according to required by TCEQ.
TCEQ standards.
...public water system shall Violations of each degree
implement special should have a standard time
precautions, protective allotment for issuing BWN.
§290.46(q)(5)(B) measures, or issue boil water Gives authority to issue Impacts the ability of the
5 immediate Boil Water Notice
p. 170 notices to customers within at discretion of TCEQ. PWS to locate the potential
24 hours or within the time problem and fix it. Also
period specified by the impacts ability to properly
executive director. prepare for a city-wide BWN.
No. Rule being Changed Proposed TCEQ Rule Change Issue Proposed Change
Page 3 of 3
Required actions prior to
rescinding a boil water
notice. The executive
director may provide written
notification to the public Executive director may
water system once the public provide notification once The executive director shall
water system has provided BWN can be rescinded, but is provide written notification
the required compliance not required. How would a
§290.46(q)(6) documentation to the system be able to ensure our to the public water system
6 executive director. A boil requirements have been met once required compliance
p. 171 water notice issued shall to the standard of the documentation submitted
remain in effect until the executive director when has satisfactorily met the
public water system has these items are"at the requirements to rescind
provided required discretion of executive BWN'
compliance documentation director"?
to the executive director
which establishes that the
public water system has met
the following:
Water samples for
microbiological analysis,
marked as "special" on
laboratory submission form, 1) This seems to imply that Clarify if this requirement is
were collected from special samples are only for BWNs associated
representative locations required for rescinding a with microbial and
§290.46(q)(6)(E) throughout the distribution BWN, even in relation to disinfectant level related
7 system or in the affected compliance reporting events.
p. 172 area(s) of the distribution violations. Also clarify who determines
system within 24 hours or no 2) Affected area OR the sample locations or if the
later than next business representative locations TCEQ will specify this during
day...and the water samples —who decides this? the BWN.
collected for microbiological
analysis are found negative
for coliform organisms.
Inorganic Contaminants,
Organics, Radionuclides, and Sampling for these analytes is
§290.106(e) TTHM and HAAS scheduled by TCEQ and Should require stipulation
p. 244 completed by a State that a violation of this
Copies of test results must requirement only falls on the
Contractor. The State
§290.107(e) be submitted within the first Contractor then submits the municipality if the State
p. 267 ten days following the month Contractor and contracted
samples taken to the Texas
8 in which the result is laboratory have met the
§290.108(e) received by the public water Department of State Health sampling,analysis,and
p. 276 system,or the first ten days Services to analyze. Sample reporting deadlines within
results not received within
following the end of the enough time for the
ten days of the monitoring
§290.115(e) required monitoring period period may not be within our municipality to comply with
p.436 as provided by this this rule.
subsection,whichever occurs control.
first.