(A) Public water systems.
(1) Subdividers who propose to supply drinking water by connecting to an existing public water system must provide a written agreement with the retail public utility in substantially the form attached to the ordinance codified here (in App. 1A). The agreement must provide that the retail public utility has or will have the ability to supply the total flow anticipated from the ultimate development and occupancy of the proposed subdivision for a minimum of 30 years. The agreement must reflect that the subdivider has paid the cost of water meters and other necessary connection equipment, membership fees, water rights acquisition costs or other fees associated with connection to the public water system so that service is immediately available to each lot.
(2) Where there is no existing retail public utility to construct and maintain the proposed water facilities, the subdivider shall establish a retail public utility and obtain a certificate of convenience and necessity (CCN) from the TNRCC. The public water system, the water quality and system design, construction and operation shall meet the minimum criteria set forth in 30 TAC §§ 290.38 through 290.51 and 290.101 through 290.120. If ground water is to be the source of the water supply, the subdivider shall have prepared and provide a copy of a ground water availability study which shall include an analysis of the long-term (30 years) quantity and quality of the available ground water supplies relative to the ultimate needs of the subdivision. If surface water is the source of supply, the subdivider shall provide evidence that sufficient water rights have been obtained and dedicated, either through acquisition or wholesale water supply agreement, that will provide a sufficient supply to serve the needs of the subdivision for a term of not less than 30 years.
(B) Non-public water systems.
(1) Where individual wells or other non-public water systems are proposed for the supply of drinking water to residential establishments, a test well or wells located so as to be representative of the quantity and quality of water generally available from the supplying aquifer shall be drilled by the subdivider and the produced waters sampled and submitted to a private laboratory for a complete chemical and bacteriological analysis of the parameters on which there are drinking water standards. The subdivider shall have prepared and provide a copy of a ground water availability study which shall include an analysis of the long-term (30 years) quantity of the available ground water supplies relative to the ultimate needs of the subdivision.
(2) The water quality of the water produced from the test well must meet the standards of water quality required for community water systems as set forth in 30 TAC §§ 290.103, 290.105, 290.106 and 290.110, either:
(a) Without any treatment to the water; or
(b) With treatment by an identified and commercially available water treatment system.
(C) Transportation of potable water. The conveyance of potable water by transport truck or other mobile device to supply the domestic needs of the subdivision is not an acceptable method, except on an emergency basis. Absence of a water system meeting the standards of these rules due to the negligence of the subdivider does not constitute an emergency.
(Ord. 2001-05, passed - -2001; Ord. 2001-07, passed 12-10-2001)