Starting a food retail establishment in Texas can be as thrilling and as it is challenging. It requires months of planning, producing a compelling business model, filing for insurance, settling permits and licenses and searching for the ideal location.
One of the most important things to consider when building your restaurant is how to secure an approved drinking water public water system (PWS) for your kitchen, staff and customers. Passing the state’s PWS requirements is a substantial step to protecting public health and ensuring compliance.
What type of public water system do you need?
PWSs supply water for human consumption. This includes water that will be ingested or absorbed into the body through drinking, washing hands, cooking or food preparation. In Texas, these systems fall into three categories:
- Community water system: This type of PWS serves at least fifteen residential service connections year-round or serves at least twenty-five residents year-round. A common example of this are subdivisions.
- Nontransient, noncommunity water system (NTNC): This type of PWS serves at least twenty-five of the same people at least 6 months out of the year. Examples include daycare centers, schools and factories.
- Transient noncommunity water system (TNC): This type of PWS can supply water to at least fifteen service connections or twenty five people or more, at least 3 months out of the year. These include restaurants, RV parks and truck stops.
How to get your restaurant’s PWS approved
The path to compliance involves many steps for restaurants. Below are a list of steps that can guide you to successful approval of your PWS:
- Hire a Texas-licensed professional engineer: Prior to your restaurant’s construction of the PWS, your engineer is responsible for preparing the plans and specifications for your system.
- Submit the plan to the Plan Review Team (PRT): They will determine the set of requirements, programs and regulations that affect the PWS.
- Consult with legal counsel: Business owners may find it challenging to navigate the requirements outlined by the PRT. That is why it is crucial to find trustworthy legal counsel that can provide your business with strategic guidance on both business law and water law.
- Present a written notification to the TCEQ Water Supply Division: Once you receive approval for your system and begin serving water, you can send your document to the Texas Commission on Environmental Quality (TCEQ) to inform them about the startup of your new PWS.
Food and beverage establishments in Texas face complex legal requirements that can be a challenging obstacle to operations. Having access to the right information and guidance can help you ensure compliance.
