Effective Date: November 9, 2011

5-1.70 Applicability.

Sections 5-1.70 through 5-1.79 of this Subpart shall be applicable to all public water systems, provided the systems serve 15 or more service connections or serve 25 or more persons. Subdivisions 5-1.71 (c) and (d), subdivision 5-1.72 (c), and paragraph 5-1.78(a)(4) apply to all public water systems.

Effective Date: November 9, 2011 (added c and d)

5-1.71 Protection and supervision of public water systems.

(a) The supplier of water and the person or persons operating a public water system shall exercise due care and diligence in the maintenance and supervision of all sources of the public water systems to prevent, so far as possible, their pollution and depletion.

(b) The supplier of water and the person or persons operating a water treatment plant or distribution system shall exercise due care and diligence in the operation and maintenance of these facilities and their appurtenances to ensure continued compliance with the provisions of this Subpart. Facilities approved by the State shall be operated in accordance with their design unless otherwise authorized under the provisions of sections 5-1.22, 5-1.23 or 5-1.24 of this Subpart.

(c) If the State notifies the supplier of water that a significant deficiency exists, the supplier of water shall consult with the State within 30 days regarding corrective action. Within 120 days of being notified that a significant deficiency exists (or earlier if the State determines that action is necessary to protect public health), the supplier of water shall correct the significant deficiency or be in compliance with a corrective action plan to correct the deficiency. The corrective action plan must specify appropriate modifications and/or improvements to the existing system or facility as may be necessary to fully conform to the requirements of this Subpart.

(d) Any significant deficiency that is not corrected or where correction has not begun according to a corrective action plan prepared to meet the requirements of this code, within 120 days, or as directed by the State, is a treatment technique violation and must be addressed in accordance with the requirements in section 5-1.12. If the deficiency is a public health hazard, the deficiency must be addressed as directed or approved by the State and Tier 1 notification is required.

Effective Date: November 09, 2011

5-1.72 Operation of a public water system.

(a) The supplier of water and the person or persons in charge of the operation of a public water system shall operate and maintain the public water system in such a manner to meet the requirements of this Subpart.

(b) The person or persons in charge of operation of a public water system shall be certified pursuant to Subpart 5-4 of this Part.

(c) Complete records shall be kept of the operation of a public water system.

(1) A copy of daily operation records in a format provided or approved by the State shall be sent to the State by the 10th calendar day of the next reporting period. These records shall include the results of all tests, measurements or analysis required to be made by this Subpart or as requested by the State. All operational records shall be available to the State either upon request or in conjunction with periodic sanitary surveys conducted by the State.

(2) Systems using conventional filtration treatment or direct filtration must conduct continuous turbidity monitoring for each individual filter, as described in section 5-1.52 table 10A. Systems must record the results of individual filter monitoring every 15 minutes. Systems must maintain individual filter monitoring results for at least three years. Systems must report to the State that they have conducted individual filter turbidity monitoring within 10 days after the end of each month the system serves water to the public. Systems must report to the State individual filter turbidity measurement results within 10 days after the end of each month the system serves water to the public only if measurements demonstrate one or more of the following conditions, except that systems serving fewer than 10,000 persons are not required to comply with subparagraph (ii) of this paragraph:

(i) For any individual filter that has a measured turbidity level of greater than 1.0 Nephelometric Turbidity Units (NTU) in two consecutive measurements taken 15 minutes apart, the system must report the filter identification number, the turbidity measurement, and the date(s) on which the exceedance occurred. In addition, the system must either produce a filter profile for the filter within seven days of the exceedance (if the system is not able to identify an obvious reason for the abnormal filter performance) and submit the profile to the State, or report the obvious reason for the exceedance.

(ii) For any individual filter that has a measured turbidity level of greater than 0.5 NTU in two consecutive measurements taken 15 minutes apart at the end of the first four hours of continuous filter operation after the filter has been backwashed or otherwise taken offline, the system must report the filter number, the turbidity, and the date(s) on which the exceedance occurred. In addition, the system must either produce a filter profile for the filter within seven days of the exceedance (if the system is not able to identify an obvious reason for the abnormal filter performance) and submit the profile to the State, or report the obvious reason for the exceedance.

(iii) For any individual filter that has a measured turbidity level of greater than 1.0 NTU in two consecutive measurements taken 15 minutes apart at any time in each of three consecutive months, the system must report to the State the filter number, the turbidity measurement, and the dates on which the exceedance occurred. In addition, the system must conduct a self-assessment of the filter within 14 days of the exceedance and submit the self-assessment to the State. The self-assessment must consist of at least the following components: assessment of filter performance; development of a filter profile; identification and prioritization of factors limiting filter performance; assessment of the applicability of corrections; and preparation of a filter self-assessment report.

(iv) For any individual filter that has a measured turbidity level of greater than 2.0 NTU in two consecutive measurements taken 15 minutes apart at any time in each of two consecutive months, the system must report to the State the filter number, the turbidity measurement, and the dates on which the exceedance occurred. In addition, the system must arrange for the conduct of a comprehensive performance evaluation (CPE) by the State or a third party approved by the State no later than 30 days following the exceedance, and have the evaluation completed and submitted to the State no later than 90 days following the exceedance.

(3) Systems using conventional filtration treatment or direct filtration treatment must notify the State in writing by December 8, 2003, if the system recycles spent filter backwash water, thickener supernatant, or liquids from dewatering processes. This notification must include, at a minimum, the following information:

(i) A plant schematic showing the origin of all flows which are recycled (including, but not limited to, spent filter backwash water, thickener supernatant, and liquids from dewatering processes), the hydraulic conveyance used to transport them, and the location where they are reintroduced back into the treatment plant.

(ii) Typical recycle flow in gallons per minute (gpm), the highest observed plant flow experienced in the previous year (gpm), design flow for the treatment plant (gpm), and the State-approved operating capacity for the plant where the State has made such determinations.

(4) Ground water systems and ground water sources that are required to conduct process compliance monitoring to assure the achievement of 4-log virus treatment, must record the lowest treatment performance each day and record the date and duration of any failure to achieve 4-log virus treatment for a period of more than four hours. In the event of failure to achieve required virus treatment, the system shall continue to monitor treatment performance every four hours until the system returns to compliance with minimum performance requirements. The State must be notified of any failure to meet process compliance monitoring requirements as well as any failure to achieve 4-log virus treatment, as soon as possible, but no later than the end of the next business day.

(d) Any supplier of water of a public water system, subject to the provisions of this Subpart, shall retain at a convenient location the following records:

(1) Records of microbiological analyses made pursuant to this Subpart shall be retained for at least five years and records of chemical and turbidity analyses made pursuant to this Subpart shall be retained for at least ten years. Actual laboratory reports may be kept, or data may be transferred to tabular summaries, if the following information is included:

(i) the date, place and time of sampling, and the name of the person who collected the sample;

(ii) identification of the sample whether it was a routine distribution point sample, check sample, raw or process water sample or other special purpose sample;

(iii) date of analyses;

(iv) laboratory and person responsible for performing the analysis;

(v) the analytical technique or method used; and

(vi) the results of the analyses.

(2) Records of corrective actions taken by the supplier of water to correct significant deficiencies and/or violations of the requirements of this Subpart shall be retained for at least ten years.

(3) Copies of any written reports, including summaries or communications relating to sanitary surveys of the public water system shall be retained for at least ten years.

(4) Records concerning a variance or exemption granted to the public water system shall be retained for at least five years following the expiration of such variance or exemption.

(5) Copies of the records or data summaries shall be provided to any consumer of the public water system within 15 days on written request by a consumer. The supplier of water may require prepayment of a fee to cover the cost of handling and reproduction of the records and data summaries requested.

(6) The supplier of water must provide the State with copies of all repeat or special total coliform sample results and all Escherichia coli (E. coli) sample results, within five days of receipt.

(7) Beginning June 8, 2004, systems using conventional filtration treatment or direct filtration that recycle spent backwash water, thickener supernatant or liquids from the dewatering processes must collect the following recycle flow information:

(i) copy of the recycle notification and information submitted to the State in accordance with paragraph (3) of subdivision (c) of this section;

(ii) list of all recycle flows and the frequency with which they are returned;

(iii) average and maximum backwash flow rate through the filters and the average and maximum duration of the filter backwash process in minutes;

(iv) typical filter run length and a written summary of how filter run length is determined;

(v) the type of treatment provided for the recycle flow; and

(vi) data on the physical dimensions of the equalization and/or treatment units, typical and maximum hydraulic loading rates, type of treatment chemicals used and average dose and frequency of use, and frequency at which solids are removed, if applicable.

(e) Each community water system which serves 15 or more service connections used by year-round residents or regularly serves at least 25 year-round residents shall prepare and provide an annual water supply statement (report) to the customers it serves. The report must contain information on the quality of the water delivered by the system and characterize the risks (if any) from exposure to contaminants detected in the drinking water in an accurate and understandable manner. For the purpose of this subpart, customers are defined as billing units or service connections to which water is delivered by a community water system.

(f) The report shall contain such information as is required in this subdivision and any additional information required by the State, except that paragraph (7) and paragraph (13) subparagraphs (vii) through (xi) of this subdivision shall not apply to systems serving fewer than 1,000 service connections. The information required to be included in the report is described below.

(1) Information on the source of the water delivered. The report must identify the source(s) of the water delivered by the community water system by providing information on:

(i) the type of the water source (e.g., surface water, ground water); and

(ii) the commonly used name (if any) and location of the body (or bodies) of water or aquifer(s).

If the State has completed a source water assessment, the report must notify consumers of the availability of this information and the means to obtain it. The report must include a brief summary of the system's susceptibility to potential sources of contamination, using language provided by the State.

(2) Definitions for Maximum Contaminant Level, Maximum Contaminant Level Goal, Maximum Residual Disinfectant Level, and Maximum Residual Disinfectant Level Goal. Each report must include the definitions set forth using the following language:

(i) Maximum Contaminant Level Goal (MCLG). The level of a contaminant in drinking water below which there is no known or expected risk to health. MCLGs allow for a margin of safety.

(ii) Maximum Contaminant Level (MCL). The highest level of a contaminant that is allowed in drinking water. MCLs are set as close to the MCLGs as feasible.

(iii) Maximum Residual Disinfectant Level (MRDL). The highest level of a disinfectant that is allowed in drinking water.

(iv) Maximum Residual Disinfectant Level Goal (MRDLG). The level of a drinking water disinfectant below which there is no known or expected risk to health. MRDLGs do not reflect the benefits of the use of disinfectants to control microbial contaminants.

(3) Definitions for variances and exemptions. A report for a community water system operating under a variance or an exemption issued under sections 5-1.90-5-1.96 of this Subpart must include the following language: Variances and Exemptions: State permission not to meet an MCL or a treatment technique under certain conditions.

(4) Definitions for action level and treatment technique. A report that includes information on a contaminant that is regulated as a Treatment Technique (i.e., turbidity) or Action Level (i.e., lead, copper) must include one or both of the following statements:

(i) Treatment Technique (TT): A required process intended to reduce the level of a contaminant in drinking water.

(ii) Action Level (AL): The concentration of a contaminant which, if exceeded, triggers treatment or other requirements which a water system must follow.

(5) Information on detected contaminants from sampling used to determine compliance. For the purpose of this subdivision (except Cryptosporidium, Giardia, and radon monitoring), detected means: at or above the contaminant's minimum detection limit (MDL), as specified in Appendix 5-C of this Subpart or as prescribed by the State. Any contaminants specified in sections 5-1.41 (lead and copper) and 5-1.51 of this Subpart and section 5-1.52 tables 8A, 8B, 8C, 8D, 9A, 9B, 9C, 9D, 10, 10A, 11, 11A, 11B, 12, 16 and 17 of this Subpart that are detected during compliance monitoring must be displayed in one table or in several adjacent tables. Additionally, the report shall include detected monitoring results for samples collected and analyzed by the State and/or detected monitoring results of additional samples required by the State. If a system is allowed to monitor for specific contaminants less often than once a year, the table must include the date and results of the most recent sampling and the report must include a brief statement indicating that the data presented in the report are from the most recent testing done in accordance with the regulations. No data older than five years need be included. For the contaminants listed in section 5-1.52 tables 8A, 8B, 8C, 8D, 9A, 9B, 9C, 9D, 10, 10A, 11, 11B, 12, 16, and 17 of this Subpart the table(s) must contain:

(i) the State MCL for that contaminant expressed as a number equal to or greater than 1.0;

(ii) the MCLG (as prescribed by the State) for that contaminant expressed in the same units as the MCL;

(iii) if there is no MCL for a detected contaminant, the table must indicate that there is a treatment technique, or specify the action level, applicable to that contaminant, and the report must include the definitions for treatment technique and/or action level, as appropriate, specified in paragraph 4 of this subdivision;

(iv) for contaminants subject to a MCL, except turbidity and total coliforms, the highest contaminant level used to determine compliance with this Subpart1 and the range of detected levels, as follows:

(a) when compliance with the MCL is determined annually or less frequently: the highest detected level at any sampling point and the range of detected levels expressed in the same units as the MCL;

(b) when compliance with the MCL is determined more frequently than annually: the highest average of any of the sampling points used to determine compliance and the range of all sampling points expressed in the same units as the MCL;

(c) when compliance with the MCL is determined by calculating a running annual average of all samples taken at a sampling point: the highest average of any of the sampling points used to determine compliance and the range of all sampling points expressed in the same units as the MCL; and

(d) when compliance with the MCL is determined on a system-wide basis by calculating a running annual average of all samples at all sampling points the report must include: the average used to determine compliance and the range of detection expressed in the same units as the MCL.

1 When rounding of results to determine compliance with the MCL is allowed by the regulations, rounding should be done prior to converting the results to the same units presented for the MCL, TT or AL.

(v) surface water and groundwater under the direct influence systems are required to include information from turbidity monitoring in the report:

(a) turbidity reported pursuant to the requirements of sections 5-1.30 and 5-1.52 table 10 of this Subpart (for systems that must install filtration but have not) including the highest monthly average. The report should include health effects language prescribed by the State.

(b) turbidity reported pursuant to the requirements of subdivision (c) of section 5-1.30 and section 5-1.52 table 10A of this Subpart (for systems that have met the criteria of avoiding filtration) including the highest single measurement found in any one month. The report should include an explanation of the reasons for measuring turbidity.

(c) turbidity reported pursuant to sections 5-1.30 and 5-1.52 table 10A of this Subpart (for systems that filter and use turbidity as an indicator of filtration performance) including the highest single measurement and the lowest monthly percentage of samples meeting the turbidity limits specified in section 5-1.52 table 4A of this Subpart for the filtration technology being used. The report should include an explanation of the reasons for measuring turbidity.

(vi) for lead and copper: the 90th percentile value of the most recent round of sampling, the range of detections, and the number of sampling sites exceeding the AL;

(vii) for total coliform:

(a) the highest monthly number of positive samples for systems collecting fewer than 40 samples per month; or

(b) the highest monthly percentage of positive samples for systems collecting at least 40 samples per month;

(viii) for E. coli detected in the distribution system: the total number of positive samples; and

(ix) the likely source(s) of detected contaminants (as prescribed by the State) shall be reported.

If a community water system distributes water to its customers from multiple hydraulically independent distribution systems that are fed by different raw water sources, the report shall include data from each separate distribution system. Alternatively, systems could produce separate reports tailored to include data for each service area. The table(s) must clearly identify any violations of MCLs or TTs and the report must contain a clear and readily understandable explanation of the violation including the duration of the violation, the potential adverse health effects, and actions taken by the system to address the violation. To describe the potential health effects, the system must use language prescribed by the State.

(6) Information on non-detected contaminants from sampling used to determine compliance. Analytical test results for the contaminants listed in section 5-1.52 tables 8A, 8B, 8C, 8D, 9A, 9B, 9C, 9D, 10, 10A, 11, 12, 16 and 17 of this Subpart or additional monitoring required by the State which are not detected shall be:

(i) described in the report in a brief narrative; or

(ii) presented in the report as a separate table or list.

(7) Analytical results for source water samples not used to determine compliance. If the analytical results for samples of source(s) of water supply, other than those for Cryptosporidium or Giardia, used to determine compliance; or listed in section 5-1.52 tables 16 and 17 of this Subpart, are not included in the report, they shall be placed in a supplement to the report.

(8) Information on Cryptosporidium, Giardia and radon. If the system has performed any monitoring for Cryptosporidium, Giardia or radon, which indicates that Cryptosporidium or Giardia may be present in the source water or the finished water or that radon may be present in finished water, the report must include:

(i) a summary of the following: sampling sites; number of tests per year; testing results; and actions taken in response to those results; and

(ii) an explanation of the significance of the results.

(9) Compliance with the State Sanitary Code. The report must note any violation that occurred during the year covered by the report of a requirement listed below, and include a clear and readily understandable explanation of the violation, any potential adverse health effects related to the violation, and the steps the system has taken to correct the violation.

(i) monitoring and reporting and recordkeeping of compliance data;

(ii) filtration and disinfection prescribed by sections 5-1.30 and 5-1.32 of this Subpart. For systems which have failed to install adequate filtration or disinfection equipment or processes, or have had a failure of such equipment or processes which constitutes a violation, the report must include language prescribed by the State.

(iii) lead and copper control requirements. The report must include health effects language prescribed by the State for lead, copper, or both for systems which fail to take one or more actions prescribed by sections 5-1.40-5-1.49 of this Subpart.

(iv) the report must include health effects language prescribed by the State for systems which violate the TTs specified in section 5-1.51 of this Subpart for Acrylamide and Epichlorohydrin; and

(v) violation of the terms of a variance, an exemption, or an administrative or judicial order.

(10) Variances and exemptions. If a system is operating under the terms of a variance or an exemption issued under sections 5-1.90-5-1.96 of this subpart the report must contain:

(i) an explanation of the reasons for the variance or exemption;

(ii) the date on which the variance or exemption was issued;

(iii) a brief status report on the steps the system is taking to install treatment, find alternative sources of water, or otherwise comply with the terms and schedules of the variance or exemption; and

(iv) a notice of any opportunity for public input in the review, or renewal, of the variance or exemption.

(11) Educational information. The report must contain the language of subparagraph (i) of this paragraph or alternative language approved by the State. The report also must include the language of subparagraphs (ii) through (iv) of this paragraph.

(i) The sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs, and wells. As water travels over the surface of the land or through the ground, it dissolves naturally-occurring minerals and can pick up substances resulting from the presence of animals or from human activities. Contaminants that may be present in source water include: microbial contaminants; inorganic contaminants; pesticides and herbicides; organic chemical contaminants; and radioactive contaminants.

(ii) In order to ensure that tap water is safe to drink, the State and the EPA prescribe regulations which limit the amount of certain contaminants in water provided by public water systems. The State Health Department's and the FDA's regulations establish limits for contaminants in bottled water which must provide the same protection for public health.

(iii) Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that water poses a health risk. More information about contaminants and potential health effects can be obtained by calling the Environmental Protection Agency's Safe Drinking Water Hotline (800-426-4791).

(iv) Some people may be more vulnerable to disease causing microorganisms or pathogens in drinking water than the general population. Immuno-compromised persons such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people with HIV/AIDS or other immune system disorders, some elderly, and infants can be particularly at risk from infections. These people should seek advice from their health care provider about their drinking water. EPA/CDC guidelines on appropriate means to lessen the risk of infection by Cryptosporidium, Giardia and other microbial pathogens are available from the Safe Drinking Water Hotline (800-426-4791).

(12) Additional health effects statements for arsenic, nitrate, lead, total trihalomethanes, and fluoride:

(i) A system which detects arsenic at levels above 5 ug/l, but less than or equal to the MCL must include in its report a short informational statement about arsenic, using language prescribed by the State.

(ii) A system which detects nitrate at levels above 5 mg/l, but below the MCL must include a short informational statement about the impacts of nitrate on children using language prescribed by the State.

(iii) A system which detects lead above the action level in more than 5%, and up to and including 10% of the sites sampled (or for systems sampling less than 20 sites and even one sample is above the action level) must include a short informational statement about the special impact of lead on children using language prescribed by the State.

(iv) A system using only ground water or using surface water as its source and serving less than 10,000 persons, which detects TTHMs above 80 ug/l, but below 100 ug/l, as an annual average, monitored and calculated as described in Section 5-1.52 Table 3 of this Subpart, must until January 1, 2004, include health effects language prescribed by the State.

(v) A system which detects fluoride at levels above 2 mg/l, but below the MCL must include in its report an informational statement about fluoride, using language prescribed by the State.

(13) Additional information. Each report must also include the items listed below.

(i) the name and address of the community water system and the public water system identification number;

(ii) the name and telephone number of the owner, operator, or designee of the community water system as a source of additional information concerning the report;

(iii) the telephone number of the county or district health department office which has jurisdiction over the water system;

(iv) information (e.g., time and place of regularly scheduled board meetings) about opportunities for public participation in decisions that may affect the quality of the water;

(v) a brief statement explaining the number of people served by the community water system;

(vi) a brief description of the types of treatment that the water received before entering the distribution system;

(vii) for systems that calculate water use of all customers with meters, an accounting of the total annual amount of water withdrawn, delivered, and lost from the system;

(viii) a brief description of any water source restricted, removed from service, or otherwise limited in its use and any actions taken to secure new supplies or replace lost capacity;

(ix) water conservation measures customers can take such as, but not limited to, retrofitting plumbing fixtures, altering irrigation timing, using irrigation sensors, leak detection, proper use of water conserving appliances, daily conscientious use of water, and the estimated savings in water and energy or money from the use of such measures;

(x) a description of any major modification completed by the water system during the reporting period to include a brief description of each and its effect on the water system, and a discussion of capital improvements needed or planned;

(xi) for systems that bill their customers, the report shall include the annual average charge for water, either in annual charge per average resident user or annual charge per one thousand gallons of water delivered; and

(xii) systems may also include such additional information as they deem necessary for public education consistent with, and not detracting from, the purpose of the report.

(14) Information for non-English speaking residents. In communities with a large proportion of non-English speaking residents, as determined by the State, the report must contain information prescribed by the State in the appropriate language(s) expressing the importance of the report.

(15) Information on unregulated contaminants. If the system was required to monitor for contaminants listed in section 5-1.52 Table 16, the report must identify a person and provide the telephone number to contact for information on the monitoring results.

(16) Water systems are required to include information regarding significant deficiencies as follows:

(i) any significant deficiency that remains uncorrected at the end of the year (December 31) or any other significant deficiency as directed by the State. A description of the significant deficiency must include: the date the significant deficiency was identified by the State; status of corrective action; the completion date if corrective action has been completed; and if corrective action has not been completed, the reason why it has not been completed. Uncorrected significant deficiencies must be reported each year until the annual report documents that corrective action is completed; and

(ii) any failure to take corrective action to correct a significant deficiency in system facilities or operation, including a description of the significant deficiency, the date the significant deficiency was identified by the State, and the reason why corrective action has not been taken.

(17) Ground water systems and systems with ground water sources are also required to include information regarding source sampling and process compliance monitoring as follows:

(i) report of fecal indicator positive ground water source sample, including: the date the fecal contamination of the source was identified; the likely source of the contamination, if known; the date(s) and status of any corrective action; and potential health effects language prescribed by the State;

(ii) if required to perform 4-log virus treatment, failure to provide the treatment must be described including date(s) of failure and whether 4-log virus treatment has resumed; and

(iii) if required to perform 4-log virus treatment, failure to meet process compliance monitoring requirements must be described including date(s) of failure and whether the required process compliance monitoring has resumed.

(g) Report delivery and record keeping.

(1) Report distribution to consumers.

(i) Each community water system must mail or otherwise directly deliver one copy of the report to each bill-paying customer by the date specified in subdivision (h).

(ii) The system must make a good faith effort to reach consumers who do not get water bills, using methods prescribed by the State.

(iii) Each community water system serving 100,000 or more people must post the current year's report to a publicly-accessible site on the Internet.

(iv) Each community water system must make its reports available to the public upon request.

(v) If a supplement is prepared in accordance with subdivision (f) paragraph (7) of this section, the report must contain a statement that describes that the analytical results for source water samples not used to determine compliance are contained in a supplement and that the supplement is available to the customer on request. The supplement shall also be:

(a) published in a notice at least one-half page in size, in one newspaper of general circulation within the water district;

(b) made available on the Internet, along with supplements from the two prior years, if such prior supplements exist, and notice of the availability of such information on the Internet shall be clearly provided on the report and on each billing statement; or

(c) made available at all New York State documents information and access centers, documents reference centers, documents depository libraries and documents research depository libraries within the water district and if no such libraries exist within the water district at a public library within the water district, and notice of the availability of the supplement at such library or libraries shall be clearly provided on the report and on each billing statement.

Such supplement need not be included in the copy of the report mailed or directly delivered to each bill-paying customer.

(2) Report distribution to state agencies.

(i) No later than the date the system is required to distribute the report to its customers, each community water system must mail one copy of the report and one copy of the supplement, if prepared, to the Commissioner of the State Health Department and the county or district health department office which has jurisdiction over the water system. The system must also deliver (by the first of September) to these two agencies a certification that the report has been distributed to customers, and that the information is correct and consistent with the compliance monitoring data previously submitted to the state.

(ii) No later than the date the system is required to distribute the report to its customers, each community water system serving 1,000 or more service connections must deliver a copy of the report and a copy of the supplement, if prepared to the Commissioner of Environmental Conservation.

(iii) Investor-owned community water systems regulated by the Public Service Commission (PSC) shall also deliver a copy of the report and a copy of any supplement prepared, to that agency.

(3) Recordkeeping requirements. Any system subject to this Subpart must retain copies of the report for no less than three years.

(h) Applicable dates.

(1) All community water systems must deliver a copy of the report, to its bill-paying customers and take good faith efforts to reach consumers who do not get water bills on or before the thirty-first day of May of each year.

(2) each community water system serving 100,000 or more people must post their current year's report on a publicly accessible site on the Internet by the thirty-first day of May of each year.

(3) All community water systems must deliver a copy the report and a copy of the supplement, if prepared, to the required regulatory agencies on or before the thirty-first day of May of each year.

(4) A new community water system, must deliver its first report to its customers and a copy of the report and the supplement, if prepared to the required regulatory agencies by the thirty-first day of May of the year after its first full calendar year in operation and annually thereafter.

(5) A community water system that sells water to another community water system, must deliver the applicable information required in paragraphs (f)(1), (5)-(10) and (13) of this section to the buyer system:

(i) by the first of April of each year; or

(ii) on a date mutually agreed upon by the seller and the purchaser, and specifically included in a contract between the parties.

(6) By the first of September, each community water system must mail a copy of the certification form to the State Health Department and the county or district health department office which has jurisdiction over the water system.

Effective Date: May 27, 1998

5-1.73 Water treatment plant laboratory.

Every supplier of water shall provide or have available environmental laboratory facilities approved by ELAP. Tests for the control of the operation of such public water system shall be made daily or more frequently as required by the State. The results of such tests shall be recorded on forms pursuant to section 5-1.72(d) of this Subpart.

Effective Date: November 9, 2011

5-1.74 Approved laboratories.

(a) For determining compliance with the Subpart, results of analyses may be considered only if they have been performed by an environmental laboratory approved in accordance with Subpart 55-2 of Part 55 of the administrative rules and regulations of the State (10 NYCRR Part 55, Subpart 55-2). However, measurements for pH, temperature, conductivity, turbidity, disinfectant residual, alkalinity, calcium, orthophosphate, bromide, chlorite, total organic carbon (TOC) concentration, dissolved organic carbon concentration, ultraviolet (UV) absorption, and silica may be performed by any person with a demonstrated ability to perform these analyses.

(b) The owner of a water system shall require the approved environmental laboratory performing the analyses to send laboratory results directly to the department and in a manner prescribed by the department.

Effective Date: July 3, 1991

5-1.75 Additional sampling requirements.

(a) Additional water samples for any contaminant shall be collected and analyzed from any public water system by the supplier of water as may be required by the State, to assure control of the quality of the public water system.

(b) The State may collect and analyze water samples from any public water system at any time, either by its own personnel or by contract with others.

Effective Date: November 9, 2011

5-1.76 Consecutive public water systems.

(a) When a public water system supplies water to one or more consecutive public water systems, the State may modify the monitoring requirements of this Subpart when the circumstances justify treating them as a single system for monitoring purposes. Any modified monitoring shall be conducted pursuant to a schedule approved by the State, in accordance with the provisions of sections 5-1.51 and 5-1.52 of this Subpart.

(b) Consecutive systems must follow section 5-1.52 Table 11B of this Subpart in the event of a total coliform positive sample from their distribution system. When a consecutive system that receives ground water from a wholesale system is notified of a positive total coliform sample result, the consecutive system must, within 24 hours, notify the State, the wholesale system and any other wholesale system that owns and/or operates ground water sources that provides water used by the consecutive system. If all the water provided by the consecutive system has been subject to 4-log virus treatment and process compliance monitoring, notification by the consecutive system about the total coliform sample is not required.

After notification, the wholesaler must, within 24 hours, test its raw water source(s) for fecal indicator organism(s) in accordance with section 5-1.52 Table 11B of this Subpart at the location(s) specified in the monitoring plan described in section 5-1.51 of this Subpart.

Effective Date: May 26, 2004

5-1.77 State notification.

(a) The supplier of water shall make State notification within 24 hours of learning of the existence or potential existence of a public health hazard, or within 48 hours for any other violation or situation that may pose a risk to public health. Section 5-1.52 table 13 of this Subpart lists violations and situations that require State notification.

(b) The information provided in a State notification shall include, but not be limited to, the following:

(1) a description of the violation or situation, including the contaminant of concern, and (as applicable) the contaminant level;

(2) when the violation or situation occurred;

(3) what the system is doing to correct the violation or situation; and

(4) when the water system expects to return to compliance.

Effective Date: November 9, 2011

(c) Ground water systems and ground water sources that complete corrective action to correct significant deficiencies or address fecal contamination of a ground water source must notify the state within 30 days of the completion of the action.

Effective Date: November 9, 2011

5-1.78 Public Notification

(a) General public notification requirements. Each owner or operator of a public water system must provide public notification for public health hazards, and for all MCL, MRDL, treatment technique, monitoring and testing procedure violations, and for other situations posing a risk to public health. Public notification requirements are divided into three tiers to take into account the seriousness of the violation or situation and any potential adverse health effects that may be involved. The form, manner, frequency, and other requirements for each tier are described in subdivisions (c)-(e) of this section. Section 5-1.52 table 13 of this Subpart lists the required public notification (Tier 1, Tier 2, or Tier 3) for specific violations and other situations posing a risk to public health.

(1) Public water systems that sell or otherwise provide drinking water to other public systems (i.e. to consecutive systems) are required to give public notice to the owner or operator of the consecutive system; the consecutive system is responsible for providing public notification to the persons it serves.

(2) If a public water system can show that a violation in a portion of the distribution system is physically or hydraulically isolated from other parts of the distribution system, then with written permission from the State the system may limit the notice to only persons served by that portion of the system that is out of compliance.

(3) The public water system, within 10 days of completing the public notification requirements under this Subpart for the initial public notification and any repeat notices, must submit to the State a certification that it has fully complied with the public notification regulations. The public water system must include with this certification a representative copy of each type of notice distributed, published, posted, and made available to the persons served by the system and to the media. Copies of public notices and certificates issued pursuant to this paragraph must be kept by the supplier of water for three years after issuance.

(4) Public notification is required when a significant deficiency is identified at a public water system that is not required to prepare an annual water supply statement (report), as directed in sections 5-1.72 (e) and (f) of this subpart. If the water system has been notified by the State of a significant deficiency and it has not been corrected as directed or approved by the State, the system must notify its customers in a format prescribed or approved by the State. Notice must be provided if any significant deficiency has not been corrected within 12 months of State notification or as otherwise directed by the State. The system must continue to inform the public until the significant deficiency is corrected.

(b) Content, presentation, and standard language requirements for all public notifications.

(1) When a public water system has a violation or a situation posing a risk to public health, other than operating under a variance or exemption, the public notification must include the following elements:

(i) a description of the violation or situation, including the contaminant of concern, and (as applicable) the contaminant level;

(ii) when the violation or situation occurred;

(iii) any potential adverse health effects from the violation or situation, including the standard language under subparagraph (b)(4)(i) or (b)(4)(ii) of this section, whichever is applicable;

(iv) the population at risk, including subpopulations particularly vulnerable if exposed to the contaminant in their drinking water;

(v) whether alternative water supplies should be used;

(vi) what actions consumers should take, including when they should seek medical help, if known;

(vii) what the system is doing to correct the violation or situation;

(viii) when the water system expects to return to compliance;

(ix) the phone number of the water system owner, operator, or designee of the public water system as a source of additional information concerning the notice;

(x) the phone number of the county or district health department which has jurisdiction over the water system; and

(xi) a statement included in notices distributed by mail or direct delivery to encourage the notice recipient to distribute the public notice to other persons served, using the standard language under subparagraph (b)(4)(iii) of this section.

(2) When a public water system operates under a variance or exemption, each public notice must include the following elements:

(i) an explanation of the reasons for the variance or exemption;

(ii) the date on which the variance or exemption was issued;

(iii) a brief status report on the steps the system is taking to install treatment, find alternative sources of water, or otherwise comply with the terms and schedules of the variance or exemption; and

(iv) a notice of any opportunity for public input in the review of the variance or exemption.

(3) Notice presentation. Each public notice required by this section:

(i) must be displayed in a conspicuous way (where applicable);

(ii) must not contain overly technical language or very small print;

(iii) must not be formatted in a way that defeats the purpose of the notice;

(iv) must not contain language which nullifies the purpose of the notice; and

(v) must contain information for non-English speaking consumers, where appropriate. For systems serving a large proportion of non-English speaking consumers, as determined by the State, the notice must contain information prescribed by the State in the appropriate language(s) expressing the importance of the notice.

(4) Standard Language.

(i) Mandatory health effects language must be included in the notification for MCL and MRDL violations, treatment technique violations, and violations of the condition of a variance or exemption. The mandatory health effects language will be developed by the Department and provided to the supplier of water by the State.

(ii) Standard language for monitoring and testing procedure violations. Public water systems must include the following language in their notice, including the language necessary to fill in the blanks, for all monitoring and testing procedure violations listed in section 5-1.52 table 13: We are required to monitor your drinking water for specific contaminants on a regular basis. Results of regular monitoring are an indicator of whether or not your drinking water meets health standards. During (compliance period), we "did not monitor or test" or "did not complete all monitoring or testing" for (contaminant(s)), and therefore cannot be sure of the quality of your drinking water during that time.

(iii) Standard language to encourage distribution of the public notice to all persons served, when the notice is distributed by mail or direct delivery: 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.

(c) Tier 1 notification requirements (public health hazards, as defined in subdivision 5-1.1(bc) of this Subpart, require Tier 1 notification). The supplier of water must:

(1) provide public notification no later than 24 hours after the system learns of a public health hazard;

(2) initiate consultation with the State no later than 24 hours after the public water system learns of the public health hazard, and comply with any additional notification requirements established as a result of the consultation (including using additional forms of delivery for the initial notification, the duration of the posted notices, or any repeat notices);

(3) notify by telephone the chief administrative or elected official of the city, village or town, wherein the public water system is located, and the local law enforcement department having jurisdiction in the area served by the public water system, that a public health hazard exists. If there is a potential for the public health hazard to cross political boundaries, all potentially impacted chief administrative or elected officials and local law enforcement departments in the political subdivisions, served by the public water system, must also be notified; and

(4) provide the notice in a form and manner reasonably calculated to reach all persons served (including residential, transient, and non-transient users) in the required time period. Water systems are to use one or more of the following forms of delivery:

(i) appropriate broadcast media (such as radio and television);

(ii) posting of the notice in conspicuous locations throughout the area served by the water system;

(iii) hand delivery of the notice to persons served by the water system; or

(iv) another delivery method approved in writing by the State.

(d) Tier 2 notification requirements (section 5-1.52 table 13 of this Subpart lists violations and situations that require Tier 2 notification).

(1) The supplier of water must provide public notification no later than 30 days after the system learns of a violation or situation that requires Tier 2 notification. If the public water system corrects the violation within 30 days, the State may allow additional time for the initial notice of up to three months from the date the system learns of the violation.

(2) The supplier of water must repeat the notice every three months as long as the violation or situation persists. If the public notice is posted, the notice must remain in place as long as the violation or situation persists, but in no case less than seven days.

(3) For the turbidity violations or exceedances specified in subparagraphs (i)-(iii) of this paragraph, the supplier of water must consult with the State no later than 24 hours after the public water system learns of the violation or exceedance to determine whether a Tier 1 notification is required to protect public health. When consultation does not take place within the 24 hour period, the water system must distribute a Tier 1 notification no later than 48 hours after the system learns of the violation or exceedance. Consultation with the State is required for:

(i) a violation of the two day average maximum allowable turbidity at the entry point pursuant to section 5-1.52 table 4 of this Subpart;

(ii) a violation resulting from a single exceedance of the maximum allowable turbidity for filter effluent pursuant to section 5-1.52 table 4A of this Subpart; and

(iii) a single raw water turbidity exceedance of 5 NTU for systems operating under the avoidance criteria in subdivision 5-1.30(c) of this Subpart.

(4) Consultation with the State is required within 24 hours after a ground water system or ground water source learns of any of the following:

(i) A fecal indicator positive sample from the source(s) as specified in section 5-1.52 table 6 of this subpart;

(ii) A significant deficiency that is considered to constitute a public health hazard; or

(iii) Failure of 4-log virus treatment by the water system that is not resolved within four hours.

The State will determine whether Tier 1 notification is required to protect public health. When consultation does not take place within the 24-hour period, the water system must distribute Tier 1 notification no later than 48 hours after the system learns of the violation or exceedance.

(5) The supplier of water must provide the notice in a form and manner reasonably calculated to reach all persons served in the required time period.

(i) Unless directed otherwise by the State in writing, community water systems must provide notice by mail or other direct delivery to each customer receiving a bill, and to other service connections to which water is delivered by the public water system; and by any other method reasonably calculated to reach other persons regularly served by the system if they would not normally be reached by mail or direct delivery.

(ii) Unless directed otherwise by the State in writing, non-community water systems must provide notice by posting the notice in conspicuous locations, and by any other method(s) reasonably calculated to reach other persons served by the system if they would not normally be reached by posting.

(e) Tier 3 notification requirements (section 5-1.52 table 13 of this Subpart lists violations and situations that require Tier 3 notification).

(1) The supplier of water for community and non-transient noncommunity water systems must provide public notification no later than one year after the system learns of a violation or situation that requires Tier 3 notification. The supplier of water for transient noncommunity water systems must provide public notification no later than 30 days after the system learns of a violation or situation that requires Tier 3 notification. If the public water system operates seasonally, the public notification must also be provided before the system closes for the season.

(2) The supplier of water must repeat the notice annually for as long as the violation or situation persists. If the public notice is posted, the notice must remain in place as long as the violation or situation persists, but in no case less than seven days.

(3) The supplier of water may use a single public notice for multiple violations or situations that require Tier 3 notification, as long as the timing requirements of paragraph (1) of this subdivision are met. Community water systems may use the annual water supply statement (report) (see subdivisions 5-1.72(e) - (h) of this Subpart) to provide Tier 3 notification.

(4) The supplier of water must provide the initial notice and any repeat notices in a form and manner reasonably calculated to reach all persons served in the required time period.

(i) Unless directed otherwise by the State in writing, community water systems must provide notice by mail or other direct delivery to each customer receiving a bill, and to other service connections to which water is delivered by the public water system; and by any other method reasonably calculated to reach other persons served by the system if they would not normally be reached by mail or direct delivery.

(ii) Unless directed otherwise by the State in writing, non-community water systems must provide notice by posting the notice in conspicuous locations, and by any other method(s) reasonably calculated to reach other persons served by the system if they would not normally be reached by posting.

(f) Notice to new billing units or new customers. Community water systems must give a copy of the most recent public notice for any continuing violation, the existence of a variance or exemption, or other ongoing situations requiring a public notice to all new billing units or new customers prior to or at the time service begins.

(g) Information on unregulated contaminants. Nontransient noncommunity water systems that are required to monitor for contaminants listed in section 5-1.52 table 16, must post a notice that identifies a person and telephone number to contact for information on the monitoring results. The notice must be posted in conspicuous locations and no later than 12 months after the results are known.

(h) Notice by the State on behalf of the public water system. The State may make public notification if the State determines that the public's interest will be best served, or if the State determines that the supplier of water is not acting or cannot act in a timely manner. The State may charge and collect from the supplier of water the cost of making such notification. However, the supplier of water remains legally responsible for ensuring that the requirements of this section are met.

Effective Date: January 06, 1993

5-1.79 Multiple distribution systems.

A water supply system or facility with multiple distribution systems on separate sources of water supply shall be considered a single public water system if all the following conditions are met:

(a) The separate sources are the same source type, with:

(1) the ground water sources located in the same aquifer area; or

(2) the surface water intakes located in the same water body and the intakes at the same approximate depth and location.

(b) The water supply system or facility is owned and operated by the same person(s);

(c) The water supply system or facility is operated for the same purposes and for the same time period; and

(d) The water supply system or facility serves 25 or more people or 15 or more service connections.