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Texas Commission on Environmental Quality Page 1
Chapter 290 - Public Drinking Water
SUBCHAPTER D: RULES AND REGULATIONS
FOR PUBLIC WATER SYSTEMS
§ §290.38, 290.39, 290.41 - 290.47
Effective February 19, 2004
§290.38. Definitions.
The following words and terms, when used in this chapter shall have the following meanings,
unless the context clearly indicates otherwise. If a word or term used in this chapter is not contained in
the following list, its definition shall be as shown in Title 40 Code of Federal Regulations (CFR) §141.2.
Other technical terms used shall have the meanings or definitions listed in the latest edition of The
Drinking Water Dictionary, prepared by the American Water Works Association.
(1) Air gap -- The unobstructed vertical distance through the free atmosphere between
the lowest opening from any pipe or faucet conveying water to a tank, fixture, receptor, sink, or other
assembly and the flood level rim of the receptacle. The vertical, physical separation must be at least twice
the diameter of the water supply outlet, but never less than 1.0 inch.
(2) ANSI standards -- The standards of the American National Standards Institute, Inc.,
1430 Broadway, New York, New York 10018.
(3) Approved laboratory -- A laboratory certified and approved by the commission to
analyze water samples to determine their compliance with maximum allowable constituent levels.
(4) ASME standards -- The standards of the American Society of Mechanical
Engineers, 346 East 47th Street, New York, New York 10017.
(5) ASTM standards -- The standards of the American Society for Testing and
Materials, 1916 Race Street, Philadelphia, Pennsylvania 19102.
(6) Auxiliary power -- Either mechanical power or electric generators which can enable
the system to provide water under pressure to the distribution system in the event of a local power failure.
With the approval of the executive director, dual primary electric service may be considered as auxiliary
power in areas which are not subject to large scale power outages due to natural disasters.
(7) AWWA standards -- The latest edition of the applicable standards as approved and
published by the American Water Works Association, 6666 West Quincy Avenue, Denver, Colorado
80235.
(8) Certified laboratory -- A laboratory certified by the commission to analyze water
samples to determine their compliance with maximum allowable constituent levels.
(9) Community water system -- A public water system which has a potential to serve at
least 15 residential service connections on a year -round basis or serves at least 25 residents on a
year -round basis.
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Chapter 290 - Public Drinking Water
(9) No more than three pressure tanks shall be installed at any one site without the prior
approval of the executive director.
(e) Facility security. All potable water storage tanks and pressure maintenance facilities must be
installed in a lockable building that is designed to prevent intruder access or enclosed by an intruder -
resistant fence with lockable gates. Pedestal -type elevated storage tanks with lockable doors and without
external ladders are exempt from this requirement. The gates and doors must be kept locked whenever
the facility is unattended.
(f) Service pumps. Service pump installations taking suction from storage tanks shall provide
automatic low water level cutoff devices to prevent damage to the pumps. The service pump circuitry
shall also resume pumping automatically once the minimum water level is reached in the tank.
Adopted January 28, 2004 Effective February 19, 2004
§290.44. Water Distribution.
(a) Design and standards. All potable water distribution systems including pump stations, mains,
and both ground and elevated storage tanks, shall be designed, installed, and constructed in accordance
with current American Water Works Association (AWWA) standards with reference to materials to be
used and construction procedures to be followed. In the absence of AWWA standards, commission
review may be based upon the standards of the American Society for Testing and Materials (ASTM),
commercial, and other recognized standards utilized by licensed professional engineers.
(1) All newly installed pipes and related products must conform to American National
Standards Institute/National Sanitation Foundation (ANSI/NSF) Standard 61 and must be certified by an
organization accredited by ANSI.
(2) All plastic pipe for use in public water systems must also bear the National Sanitation
Foundation Seal of Approval (NSF -pw) and have an ASTM design pressure rating of at least 150 psi or a
standard dimension ratio of 26 or less.
(3) No pipe which has been used for any purpose other than the conveyance of drinking
water shall be accepted or relocated for use in any public drinking water supply.
(4) Water transmission and distribution lines must be installed in accordance with the
manufacturer's instructions. However, the top of the waterline must be located below the frost line and in
no case shall the top of the waterline be less than 24 inches below ground surface.
(5) The hydrostatic leakage rate shall not exceed the amount allowed or recommended
by AWWA formulas.
(b) Lead ban. The following provisions apply to the use of lead in plumbing.
(1) The use of pipes and pipe fittings that contain more than 8.0% lead or solders and
flux that contains more than 0.2% lead is prohibited in the following circumstances:
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Chapter 290 - Public Drinking Water
(A) for installation or repair of any public water supply; and
(B) for installation or repair of any plumbing in a residential or nonresidential
facility providing water for human consumption and connected to a public drinking water supply system.
(2) This requirement will be waived for lead joints that are necessary for repairs to cast
iron pipe.
(c) Minimum waterline sizes. The minimum waterline sizes are for domestic flows only and do
not consider fire flows. Larger pipe sizes shall be used when the licensed professional engineer deems it
necessary. It should be noted that the required sizes are based strictly on the number of customers to be
served and not on the distances between connections or differences in elevation or the type of pipe. No
new waterline under two inches in diameter will be allowed to be installed in a public water system
distribution system. These minimum line sizes do not apply to individual customer service lines.
Figure: 30 TAC §290.44(c)
Maximum Number of Connections Minimum Line Size (inches)
10 2
25 2.5
50 3
100 4
150 5
250 6
>250 8 and larger
(d) Minimum pressure requirement. The system must be designed to maintain a minimum
pressure of 35 psi at all points within the distribution network at flow rates of at least 1.5 gallons per
minute per connection. When the system is intended to provide fire fighting capability, it must also be
designed to maintain a minimum pressure of 20 psi under combined fire and drinking water flow
conditions.
(1) Air release devices shall be installed in the distribution system at all points where
topography or other factors may create air locks in the lines. Air release devices shall be installed in such
a manner as to preclude the possibility of submergence or possible entrance of contaminants. In this
respect, all openings to the atmosphere shall be covered with 16 -mesh or finer, corrosion - resistant
screening material or an acceptable equivalent.
(2) When service is to be provided to more than one pressure plane or when distribution
system conditions and demands are such that low pressures develop, the method of providing increased
pressure shall be by means of booster pumps taking suction from storage tanks. If an exception to this
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Chapter 290 - Public Drinking Water
requirement is desired, the designing engineer must furnish for the executive director's review all
planning material for booster pumps taking suction from other than a storage tank. The planning material
must contain a full description of the supply to the point of suction, maximum demands on this part of the
system, location of pressure recorders, safety controls, and other pertinent information. Where booster
pumps are installed to take suction directly from the distribution system, a minimum residual pressure of
20 psi must be maintained on the suction line at all times. Such installations must be equipped with
automatic pressure cut -off devices so that the pumping units become inoperative at a suction pressure of
less than 20 psi. In addition, a continuous pressure recording device may be required at a predetermined
suspected critical pressure point on the suction line in order to record the hydraulic conditions in the line
at all times. If such a record indicates critical minimum pressures (less than 20 psi), adequate storage
facilities must be installed with the booster pumps taking suction from the storage facility. Fire pumps
used to maintain pressure on automatic sprinkler systems only for fire protection purposes are not
considered as in -line booster pumps.
(3) Service connections that require booster pumps taking suction from the public water
system lines must be equipped with automatic pressure cut -off devices so that the pumping units become
inoperative at a suction pressure of less than 20 psi. Where these types of installations are necessary, the
preferred method of pressure maintenance consists of an air gapped connection with a storage tank and
subsequent repressurization facilities.
(4) Each community public water system shall provide accurate metering devices at each
residential, commercial, or industrial service connection for the accumulation of water usage data. A
water system that furnishes the services or commodity only to itself or its employees when that service or
commodity is not resold to or used by others is exempt from this requirement.
(5) The system shall be provided with sufficient valves and blowoffs so that necessary
repairs can be made without undue interruption of service over any considerable area and for flushing the
system when required. The engineering report shall establish criteria for this design.
(6) The system shall be designed to afford effective circulation of water with a minimum
of dead ends. All dead -end mains shall be provided with acceptable flush valves and discharge piping.
All dead -end lines less than two inches in diameter will not require flush valves if they end at a customer
service. Where dead ends are necessary as a stage in the growth of the system, they shall be located and
arranged to ultimately connect the ends to provide circulation.
(e) Location of waterlines. The following rules apply to installations of waterlines, wastewater
mains or laterals, and other conveyances /appurtenances identified as potential sources of contamination.
Furthermore, all ratings specified shall be defined by ASTM or AWWA standards unless stated
otherwise. New mains, service lines, or laterals are those that are installed where no main, service line, or
lateral previously existed, or where existing mains, service lines, or laterals are replaced with pipes of
different size or material.
(1) When new potable water distribution lines are constructed, they shall be installed no
closer than nine feet in all directions to wastewater collection facilities. All separation distances shall be
measured from the outside surface of each of the respective pieces.
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Chapter 290 - Public Drinking Water
(2) Potable water distribution lines and wastewater mains or laterals that form parallel
utility lines shall be installed in separate trenches.
(3) No physical connection shall be made between a drinking water supply and a sewer
line. Any appurtenance shall be designed and constructed so as to prevent any possibility of sewage
entering the drinking water system.
(4) Where the nine -foot separation distance cannot be achieved, the following criteria
shall apply.
(A) New waterline installation - parallel lines.
(i) Where a new potable waterline parallels an existing, non - pressure or
pressure rated wastewater main or lateral and the licensed professional engineer licensed in the State of
Texas is able to determine that the existing wastewater main or lateral is not leaking, the new potable
waterline shall be located at least two feet above the existing wastewater main or lateral, measured
vertically, and at least four feet away, measured horizontally, from the existing wastewater main or
lateral. Every effort shall be exerted not to disturb the bedding and backfill of the existing wastewater
main or lateral.
(ii) Where a new potable waterline parallels an existing pressure rated
wastewater main or lateral and it cannot be determined by the licensed professional engineer if the
existing line is leaking, the existing wastewater main or lateral shall be replaced with at least 150 psi
pressure rated pipe. The new potable waterline shall be located at least two feet above the new
wastewater line, measured vertically, and at least four feet away, measured horizontally, from the
replaced wastewater main or lateral.
(iii) Where a new potable waterline parallels a new wastewater main, the
wastewater main or lateral shall be constructed of at least 150 psi pressure rated pipe. The new potable
waterline shall be located at least two feet above the wastewater main or lateral, measured vertically, and
at least four feet away, measured horizontally, from the wastewater main or lateral.
(B) New waterline installation - crossing lines.
(i) Where a new potable waterline crosses an existing, non - pressure
rated wastewater main or lateral, one segment of the waterline pipe shall be centered over the wastewater
main or lateral such that the joints of the waterline pipe are equidistant and at least nine feet horizontally
from the centerline of the wastewater main or lateral. The potable waterline shall be at least two feet
above the wastewater main or lateral. Whenever possible, the crossing shall be centered between the
joints of the wastewater main or lateral. If the existing wastewater main or lateral is disturbed or shows
signs of leaking, it shall be replaced for at least nine feet in both directions (18 feet total) with at least 150
psi pressure rated pipe.
(ii) Where a new potable waterline crosses an existing, pressure rated
wastewater main or lateral, one segment of the waterline pipe shall be centered over the wastewater main
or lateral such that the joints of the waterline pipe are equidistant and at least nine feet horizontally from
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Chapter 290 - Public Drinking Water
the centerline of the wastewater main or lateral. The potable waterline shall be at least six inches above
the wastewater main or lateral. Whenever possible, the crossing shall be centered between the joints of
the wastewater main or lateral. If the existing wastewater main or lateral shows signs of leaking, it shall
be replaced for at least nine feet in both directions (18 feet total) with at least 150 psi pressure rated pipe.
(iii) Where a new potable waterline crosses a new, non - pressure rated
wastewater main or lateral and the standard pipe segment length of the wastewater main or lateral is at
least 18 feet, one segment of the waterline pipe shall be centered over the wastewater main or lateral such
that the joints of the waterline pipe are equidistant and at least nine feet horizontally from the centerline
of the wastewater main or lateral. The potable waterline shall be at least two feet above the wastewater
main or lateral. Whenever possible, the crossing shall be centered between the joints of the wastewater
main or lateral. The wastewater pipe shall have a minimum pipe stiffness of 115 psi at 5.0% deflection.
The wastewater main or lateral shall be embedded in cement stabilized sand (see clause (vi) of this
subparagraph) for the total length of one pipe segment plus 12 inches beyond the joint on each end.
(iv) Where a new potable waterline crosses a new, non - pressure rated
wastewater main or lateral and a standard length of the wastewater pipe is less than 18 feet in length, the
potable water pipe segment shall be centered over the wastewater line. The materials and method of
installation shall conform with one of the following options.
(I) Within nine feet horizontally of either side of the waterline,
the wastewater pipe and joints shall be constructed with pipe material having a minimum pressure rating
of at least 150 psi. An absolute minimum vertical separation distance of two feet shall be provided. The
wastewater main or lateral shall be located below the waterline.
(II) All sections of wastewater main or lateral within nine feet
horizontally of the waterline shall be encased in an 18 -foot (or longer) section of pipe. Flexible encasing
pipe shall have a minimum pipe stiffness of 115 psi at 5.0% deflection. The encasing pipe shall be
centered on the waterline and shall be at least two nominal pipe diameters larger than the wastewater main
or lateral. The space around the carrier pipe shall be supported at five -foot (or Tess) intervals with spacers
or be filled to the springline with washed sand. Each end of the casing shall be sealed with watertight
non- shrink cement grout or a manufactured watertight seal. An absolute minimum separation distance of
six inches between the encasement pipe and the waterline shall be provided. The wastewater line shall be
located below the waterline.
(III) When a new waterline crosses under a wastewater main or
lateral, the waterline shall be encased as described for wastewater mains or laterals in subclause (II) of
this clause or constructed of ductile iron or steel pipe with mechanical or welded joints as appropriate.
An absolute minimum separation distance of one foot between the waterline and the wastewater main or
lateral shall be provided. Both the waterline and wastewater main or lateral must pass a pressure and
leakage test as specified in AWWA C600 standards.
(v) Where a new potable waterline crosses a new, pressure rated
wastewater main or lateral, one segment of the waterline pipe shall be centered over the wastewater line
such that the joints of the waterline pipe are equidistant and at least nine feet horizontally from the center
line of the wastewater main or lateral. The potable waterline shall be at least six inches above the
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Chapter 290 - Public Drinking Water
wastewater main or lateral. Whenever possible, the crossing shall be centered between the joints of the
wastewater main or lateral. The wastewater pipe shall have a minimum pressure rating of at least 150 psi.
The wastewater main or lateral shall be embedded in cement stabilized sand (see clause (vi) of this
subparagraph) for the total length of one pipe segment plus 12 inches beyond the joint on each end.
(vi) Where cement stabilized sand bedding is required, the cement
stabilized sand shall have a minimum of 10% cement per cubic yard of cement stabilized sand mixture,
based on loose dry weight volume (at least 2.5 bags of cement per cubic yard of mixture). The cement
stabilized sand bedding shall be a minimum of six inches above and four inches below the wastewater
main or lateral. The use of brown coloring in cement stabilized sand for wastewater main or lateral
bedding is recommended for the identification of pressure rated wastewater mains during future
construction.
(5) Waterline and wastewater main or lateral manhole or cleanout separation. The
separation distance from a potable waterline to a wastewater main or lateral manhole or cleanout shall be
a minimum of nine feet. Where the nine -foot separation distance cannot be achieved, the potable
waterline shall be encased in a joint of at least 150 psi pressure class pipe at least 18 feet long and two
nominal sizes larger than the new conveyance. The space around the carrier pipe shall be supported at
five -foot intervals with spacers or be filled to the springline with washed sand. The encasement pipe shall
be centered on the crossing and both ends sealed with cement grout or manufactured sealant.
(6) Location of fire hydrants. Fire hydrants shall not be installed within nine feet
vertically or horizontally of any wastewater main, wastewater lateral, or wastewater service line
regardless of construction.
(7) Location of potable or raw water supply or suction lines. Suction mains to pumping
equipment shall not cross wastewater mains, wastewater laterals, or wastewater service lines. Raw water
supply lines shall not be installed within five feet of any tile or concrete wastewater main, wastewater
lateral, or wastewater service line.
(8) Proximity of septic tank drainfields. Waterlines shall not be installed closer than ten
feet to septic tank drainfields.
(f) Sanitary precautions and disinfection. Sanitary precautions, flushing, disinfection procedures,
and microbiological sampling as prescribed in AWWA standards for disinfecting water mains shall be
followed in laying waterlines.
(1) Pipe shall not be laid in water or placed where it can be flooded with water or sewage
during its storage or installation.
(2) Special precautions must be taken when waterlines are laid under any flowing or
intermittent stream or semipermanent body of water such as marsh, bay, or estuary. In these cases, the
water main shall be installed in a separate watertight pipe encasement and valves must be provided on
each side of the crossing with facilities to allow the underwater portion of the system to be isolated and
tested to determine that there are no leaks in the underwater line. Alternately, and with the permission of
the executive director, the watertight pipe encasement may be omitted.
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Chapter 290 - Public Drinking Water
(3) New mains shall be thoroughly disinfected in accordance with AWWA Standard
C651 and then flushed and sampled before being placed in service. Samples shall be collected for
microbiological analysis to check the effectiveness of the disinfection procedure. Sampling shall be
repeated if contamination persists. A minimum of one sample for each 1,000 feet of completed waterline
will be required or at the next available sampling point beyond 1,000 feet as designated by the design
engineer.
(g) Interconnections.
(1) Each proposal for a direct connection between public drinking water systems under
separate administrative authority will be considered on an individual basis.
(A) Documents covering the responsibility for sanitary control shall accompany
the submitted planning material.
(B) Each water supply shall be of a safe, potable quality.
(2) Where an interconnection between systems is proposed to provide a second source of
supply for one or both systems, the system being utilized as a second source of supply must be capable of
supplying a minimum of 0.35 gallons per minute per connection for the total number of connections in
the combined distribution systems.
(h) Backflow, siphonage.
(1) No water connection from any public drinking water supply system shall be allowed
to any residence or establishment where an actual or potential contamination hazard exists unless the
public water facilities are protected from contamination.
(A) At any residence or establishment where an actual or potential
contamination hazard exists, additional protection shall be required at the meter in the form of an air gap
or backflow prevention assembly. The type of backflow prevention assembly required shall be
determined by the specific potential hazard identified in §290.47(i) of this title (relating to Appendices).
(B) At any residence or establishment where an actual or potential contamination
hazard exists and an adequate internal cross - connection control program is in effect, backflow protection
at the water service entrance or meter is not required.
(i) An adequate internal cross - connection control program shall include
an annual inspection and testing by a certified backflow prevention assembly tester on all backflow
prevention assemblies used for health hazard protection.
(ii) Copies of all such inspection and test reports must be obtained and
kept on file by the water purveyor.
(iii) It will be the responsibility of the water purveyor to ensure that
these requirements are met.