Effective Date: July 3, 1991

5-1.10 Statement.

The rules contained in this Subpart, together with the watershed rules and regulations set forth in Parts 100 through 158 of this Title, have been promulgated to protect present or future sources of water supply.

Effective Date: July 3, 1991

5-1.11 Applicability.

The provisions of sections 5-1.10 through 5-1.15 of this Subpart shall apply, throughout the State of New York, to all existing and proposed sources of water supply.

Effective Date: May 26, 2004

5-1.12 Water quality for existing sources of water supply.

(a) Whenever the supplier of water determines or is advised by the State that one or more of the MCLs set forth in this Subpart are or may be exceeded; or that effectiveness of treatment processes diminishes to the extent that a violation of the treatment techniques or MCLs set forth in this Subpart may occur; or that any deleterious changes in raw water quality have occurred; or that a change in the character of the watershed or aquifer has been observed which may affect water quality; or that any combination of the preceding exists, the supplier of water shall notify the State and do the following:

(1) undertake a study to determine the cause or causes of such conditions, independent of known or anticipated treatment technology;

(2) modify existing or install treatment to comply, to the extent practicable, with sections 5-1.30, 5-1.50, 5-1.51 and 5-1.60 of this Subpart;

(3) initiate water sampling as needed to delineate the extent and nature of the cause of concern;

(4) investigate all or part of the watershed or aquifer to verify any existing or potential changes in the character of the sources of water supply; and

(5) submit a written report to the State within 30 days of the onset of the foregoing conditions summarizing the findings outlined in paragraphs (1) through (4) of this subdivision.

(b) The State may require the supplier of water to conduct sanitary surveys and to conduct water sampling related to watersheds and ground water aquifers which are sources of water supply to identify and evaluate the significance of existing and potential sources of pollution and to report the results to the State. Also, sanitary surveys shall be used to evaluate the adequacy of the public water system, the source or sources of water supply and the water treatment plant to produce a potable water.

Effective Date: January 6, 1993

5-1.13 Sampling and analytical requirements.

The supplier of water shall collect raw water samples at a frequency prescribed by the State and analyze for contaminants in accordance with requirements set forth in "Acceptable Methods for Analyses of Contaminants in Water"1 and section 5-1.74 of this Subpart.

Footnote 1 See Appendix 5-C, infra.

Effective Date: July 3, 1991

5-1.14 Water quality for proposed sources of water supply.

Before the approval of a source of water supply for public water system purposes, a report shall be submitted to the State. Such report shall include, but may not be limited to, all of the following:

(a) a summary of available raw water quality data for at least 10 years before the date of the report or as otherwise required by the State;

(b) a sanitary survey of the watershed or aquifer, with particular emphasis on water quality as affected by existing or potential spills, point and nonpoint discharges, and natural seasonal occurrences; and

(c) a description of the proposed water treatment processes.

5-1.15 Limitation.

If the information required is already available for the same source of water supply or if an emergency exists which requires the development of an emergency source, the requirements of section 5-1.14 of this Subpart shall not apply.