Fix library · Records citation

30 TAC §290.122: public notice not given

When a water system misses required monitoring or breaks certain rules, it must tell the people it serves. The rule sets three tiers. A missed sample is usually Tier 3. The notice must say certain things, and a copy goes to the state within ten days of handing it out.

What the rule says

Quoted word for word from the Texas Administrative Code, Title 30, as published by the Texas Secretary of State. Read on 10/30/2026.

30 TAC §290.122(c)

(c) Tier 3 public notification requirements for other violations, situations, variances, exemptions as defined in this subsection. The owner or operator of a public water system who fails to perform monitoring required by this chapter, fails to comply with a testing procedure established by this chapter, or is subject to a variance or exemption granted under §290.102(b) of this title shall notify persons served by the system. Each notice required by this section must meet the requirements of subsection (d) of this section.

30 TAC §290.122(c)(2)

(2) The initial Tier 3 public notice issued pursuant to this section shall be issued no later than one year after the public water system learns of the violation or situation or begins operating under a variance or exemption. Following the initial notice, the public water system shall repeat the notice annually for as long as the violation, variance, exemption, or other situation persists. If the public notice is posted, the notice shall remain in place for as long as the violation, variance, exemption, or other situation persists, but in no case less than seven days even if the violation or situation is resolved. The initial public notice shall be issued in the following manner.

30 TAC §290.122(d)(8)

(8) The notice shall include a statement to encourage the notice recipient to distribute the public notice to the other persons served. Public water systems must include in their notice the following language: Please share this information with all the other people who drink this water, especially those who may not have received this notice directly (for example, people in apartments, nursing homes, schools, and businesses). You can do this by posting this notice in a public place or distributing copies by hand or mail.

30 TAC §290.122(f)

(f) Proof of public notification. A copy of any public notice required under this section must be submitted to the executive director within ten days of its distribution as proof of public notification. The copies must be mailed to the Water Supply Division, MC 155, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087 or other method of submission as specified by the executive director. Each proof of public notification must be accompanied with a signed Certificate of Delivery.

Full text: 30 TAC §290.122 (Public Notification)

What proof usually looks like

Your letter sets what to show and by when. Match each item on it to records like these:

• A copy of the notice you gave.
• Proof of how and when you gave it (mail, hand delivery, posting).
• A copy sent to the state within ten days of giving the notice.
• A certificate of delivery, if your letter asks for one.

Common mistakes

• No notice at all after a missed sample.
• A notice that leaves out a required part, such as the sentence asking people to share it.
• A notice taken down too soon after it was posted.
• No copy sent to the state within ten days.

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This page explains a rule in plain words. It is not legal advice. When this page and the rule differ, the rule controls.