CHAPTER I STATE SANITARY CODE - TITLE 10 HEALTH

PART 5
DRINKING WATER SUPPLIES

(Statutory authority: Public Health Law, § 225)

Historical Note

Part repealed, new filed Feb. 28, 1967; Part repealed, new Subparts 5-1 and 5-2 filed Aug. 3, 1972 eff. Aug. 3, 1972.

Sections 5.1—5.2

Historical Note

Secs. amd. filed Oct, 10, 1962; repealed, new filed Feb. 28, 1967; repealed, filed Aug. 3, 1972 eff. Aug. 3, 1972.

5.3—5.5

Historical Note

Secs. repealed, new filed Feb. 28, 1967; repealed, filed Aug. 3, 1972 eff. Aug. 3, 1972.

5.6

Historical Note

Sec. repealed, filed Feb, 28, 1967 eff. March 15, 1967.

5.10—5.11

Historical Note

Secs. repealed, new filed Feb. 28, 1967; repealed, filed Aug. 3, 1972 eff. Aug. 3, 1972.

5.20

Historical Note

Sec. repealed, new filed Feb. 28, 1967; amds. filed: Sept. 24, 1970; June 1, 1972; repealed, filed Aug.3, 1972 eff. Aug. 3, 1972.

5-21

Historical Note

Sec. repealed, new filed Feb. 28, 1967; repealed, filed Aug. 3, 1972 eff. Aug. 3, 1972.

5.30—5.33

Historical Note

Secs. repealed, new filed Feb. 28, 1967; repealed,filed Aug. 3, 1972 eff. Aug. 3, 1972.

5.34—5.36

Historical Note

Secs. filed Feb. 28, 1967; repealed, filed Aug. 3, 1972 eff. Aug. 3, 1972.

5.40

Historical Note

Sec. repealed, new filed Feb. 28, 1967; repealed, filed Aug. 3, 1972 eff. Aug. 3, 1972.

5.41

Historical Note

Sec. repealed, filed Feb. 28, 1967 eff. March 15, 1967.

SUBPART 5-1

PUBLIC WATER SUPPLIES

GENERAL PROVISIONS

5-1.1 Definitions

5-1.2 Effective date

SOURCES OF WATER SUPPLY

5-1.10 Statement

5-1.11 Applicability

5-1.12 Water quality for existing sources of water supply

5-1.13 Sampling and analytical requirements

5-1.14 Water quality for proposed sources of water supply

5-1.15 Limitation

PLANNING, SITING, TREATMENT AND APPROVAL

5-1.20 Applicability

5-1.21 Siting requirements

5-1.22 Approval of plans and completed works

5-1.23 Reporting emergencies

5-1.24 Approval of fluoridation of public water systems

5-1.25 Disinfection of facilities

5-1.26 Dewatering trenches

5-1.27 Adequacy of distribution system

5-1.28 Blowoff facilities

5-1.29 Pumping equipment

5-1.30 Providing treatment for public water systems

5-1.31 Cross-connection control

5-1.32 Protection of equalizing and distribution reservoirs

BOTTLED AND BULK WATER

5-1.40 Distribution of bottled or bulk water

COMMUNITY WATER SYSTEMS; MAXIMUM CONTAMINANT LEVELS; SAMPLING AND ANALYTICAL REQUIREMENTS

5-1.50 Applicability and responsibility

5-1.51 Inorganic chemicals

5-1.52 Organic chemicals

5-1.53 Turbidity

5-1.54 Microbiological

5-1.55 Radioactivity

NONCOMMUNITY WATER SYSTEMS; MAXIMUM CONTAMINANT LEVELS; SAMPLING AND ANALYTICAL REQUIREMENTS

5-1.60 Applicability and responsibility

5-1.61 Inorganic chemicals

5-1.62 Organic chemicals

5-1.63 Turbidity

5-1.64 Microbiological

5-1.65 Radioactivity

OPERATION AND QUALITY CONTROL

5-1.70 Applicability

5-1.71 Protection and supervision of public water systems

5-1.72 Operation of a public water system;

5-1.73 Water treatment plant laboratory

5-1.74 Approved laboratories

5-1.75 Additional sampling requirements

5-1.76 Monitoring of consecutive public water systems

VARIANCES AND EXEMPTIONS

5-1.90 Variance from a maximum contaminant level

5-1.91 Variance from required use of any specified treatment technique

5-1.92 Exemption from a maximum contaminant level or any treatment technique requirement

5-1.93 Variance or exemption requests

5-1.94 Notice and opportunity for public hearing

5-1.95 Notification of grant of variance or exemption or failure to comply with the requirements of any schedule

5-1.96 Enforceability of final schedule prescribed pursuant to granting of variance or exemption

SEPARABILITY

5-1.100 Separability

Historical Note

Subpart (§§ 5-1.1-5-1.40) flied Aug. 3, 1972; repealed, new (§§ 5-1.1-5-1.100) filed April 4, 1977 eff. June 24, 1977 except as otherwise specifically provided.

GENERAL PROVISIONS

Section 5-1.1 Definitions.

As used in this Subpart, the following words and terms shall have the indicated meaning, except as otherwise specifically provided:

(a) Auxiliary source means a source of water supply which is not normally used but which has been approved for use by the department and other State agencies having jurisdiction, and has been developed for use when the normal source or sources fail to meet the water supply requirements.

(b) Commissioner means the Commissioner of Health of the State of New York.

(c) Community water system means a public water system which serves at least five service connections used by year-round residents or regularly serves at least 25 year-round residents.

(d) Consumer notification means notification of all persons served by the system in a manner acceptable to the commissioner as follows:

(1) Community water systems. Notification must be made within three months after the failure to comply or the issuance of a variance or exemption. Such notice shall be repeated at least once every three months so long as such failure to comply continues or such variance or exemption remains in effect.

(2) Noncommunity water systems. Notification must be made by posting a ig notice in a conspicuous location immediately after the failure to comply or the issuance of a variance or exemption.

(3) The supplier of water shall furnish the State with a copy of the notice.

(e) Contaminant means any physical, chemical, microbiological or radiological substance or matter in water.

(f) Disinfection station means a facility consisting of one or more points where water is routinely treated with an oxidant for disinfection, odor control or other purposes, excluding treatment on a raw water transmission main.

(g) Distribution point means a sampling point representative of drinking water within the distribution system.

(h) Department means the New York State Department of Health.

(i) Dose equivalent means the product of the absorbed dose from ionizing radiation and such factors as account for differences in biological effectiveness due to the type of radiation and its distribution in the body as specided by the International Commission on Radiological Units and Measurements (ICRU).

(j) Dwelling unit means one or more rooms with provisions for living, sanitary and sleeping facilities arranged for use of one family.

(k) Emergency sonrce means a source of water supply which is not the regular source or auxiliary source and which is developed during an emergency for temporary use.

(l) Entry point means a representative sampling location after the last point of treatment but before the first consumer connection.

(m) Gross alpha particle activity means the total radioactivity due to alpha particle emission as inferred from measurements on a dry sample.

(n) Gross beta particle activity means the total radioactivity due to beta particle emission as inferred from measurements on a dry sample.

(o) Ground water source means a source of water supply taken from a ground water aquifer and developed in a manner which is acceptable to the commissioner, but shall not include an admixture of surface water or water exposed to the ground surface.

(p) Man-made beta particle and photon emitters means all radionuclides emit ting beta particles and/or photons listed in Maximum permissible body burdens and maximum permissible concentration of radionuclides in air or water for occupational exposure, National Bureau of Standards, Handbook 69, except the daughter products of Thorium-232, Uranium-235 and Uranium-238.

(q) Maximum contaminant level (MCL) means the maximum permissible level of a contaminant in water which is delivered to the free flowing outlet of the ultimate user of a public water system, except in the case of turbidity Where the maximum permissible level is measured at the point of entry to the distribution system. Substances added to the water by the user, and confined to the premises of the user, are excluded from this detinition.

(r) Maximum total trihalomethane potential (MTP) means the maximum concentration of total trihalomethane produced in a given water containing a free chlorine residual after seven days at a temperature of 25° C, or above.

(s) Noncommunity water system means a public water system that is not a community water system.

(t) Person means an individual, corporation, company, association, partnership, State agency, municipality (including a county), or Federal agency.

(u) Picocurie means that quantity of radioactive material producing 2.22 nuclear transformations per minute.

(v) Potable water means a water which meets the drinking water quality requirements established by sections 5-1.50 through 5-1.55 and sections 5-1.60 through 5-1.65 of this Subpart.

(w) Point of use means the free flowing outlet of the ultimate user of a public water system.

(x) Public notification means notification of the general public in a format acceptable to the commissioner. The notification must be made in the following manner:

(1) Publication for at least three consecutive issues in a newspaper of general circulation in the area served by the water system within 14 days after the supplier of water learns of a failure to comply.

(2) Furnishing a notice, acceptable to the commissioner, to the radio and television stations serving the area served by the water system within seven days after the supplier of water learns of a failure to comply.

(3) The supplier of water shall furnish the State with copies of the notification made to the newspaper and radio and television stations.

(4) The State may waive all or part of the requirements of this subdivision based upon prompt corrections of the violations.

(y) Public water system means either a community or noncommunity system which provides piped water to the public for human consumption, if such system has at least five service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. Such term includes: (1) collection, treatment, storage and distribution facilities under control of the supplier of water of such system and used in connection with such system; and (2) collection or pretreatment storage facilities not under such control which are used in connection with such system.

(z) Regular source means a source of water supply which is normally used and is approved by the department and other State agencies having jurisdiction.

(aa) Rem means the unit dose equivalent from ionizing radiation to the total body or any internal organ or organ system.

(bb) Millirem (mrem) means 0.001 of a rem.

(cc) Reporting period means a period of time designated by the State for the purpose of determining maximum contaminant level compliance.

(dd) Service connection means the pertinent pipes, valves and fittings that connect a distribution system to a consumers facility.

(ee) Source of water supply means any ground water aquifer, surface water body or water course from which water is taken either periodically or continuously for drinking, culinary or food processing purposes or which has been designated for present or future use as a source of water supply for domestic or municipal purposes.

(ff) State means the State Commissioner of Health, or his designated representative.

(gg) State notification means notifying the State, in a manner acceptable to the commissioner, within 48 hours after the supplier of water learns of a failure to comply.

(hh) Supplier of water means any person who owns or operates a public water system.

(ii) Total trihalomethane (TTHM) means the sum of the concentration of trichloromethane (chloroform), dibromochloromethane, bromodichloromethane and tribromomethane (bromoform).

(jj) Water treatment plant means any plant or equipment which, through the addition of chemicals or through aeration, ion exchange, demineralization, coagulation, sedimentation or filtration, or through any other means or combinations of treatment, shall change the physical, chemical, radiological or microbiological quality of water.

Historical Note

Sec. filed Aug. 3, 1972; repealed, new eff. June 24, 1981. filed April 4, 1977; amd. filed June 24, 1981

5-1.2 Effective date.

Except as otherwise specifically provided, this Subpart shall become effective June 24, 1977.

Historical Note

Sec. filed Aug. 3, 1972; repealed, new filed April 4, 1977 eff. June 24, 1977 except as otherwise specifically provided.

5-1.3—5-1.5

Historical Note

Secs. filed Aug. 3, 1972; repealed, new filed April 4, 1977 eff. June 24, 1977 except as otherwise specifically provided.

SOURCES OF WATER SUPPLY

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 Chapter III of Title 10 (Health) of the Official Compilation of the Codes, Rules and Regulations of the State of New York, have been promulgated to protect present or future sources of water supply.

Historical Note

Sec. filed Aug. 3, 1972; repealed, new filed April 4, 1977 eff. June 24, 1977 except as otherwise specldcally provided.

5-1.11 Applicability.

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

Historical Note

Sec. filed Aug. 3, 1972; repealed, new filed April 4, 1977 eff. June 24, 1977 except as otherwise specifically provided.

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

Whenever the supplier of water determines that one or more of the maximum contaminant levels 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 maximum contaminant levels 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 water shed or aquifer has been observed which may affect water quality; or that any combination of the preceding exists, the supplier of water shall immediately notify the State and do the following:

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

(b) modify existing treatment to comply, to the extent practicable, with sections 5-1.50 through 5-1.55 and sections 5-1.60 through 5-1.65 of this Subpart;

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

(d) conduct an investigation of all or part of the watershed or aquifer to ascertain any existing or potential changes in the character of the sources of water supply; and

(e) submit a written report to the State within 30 days of the onset of the foregoing conditions summarizing the findings outlined in subdivisions (a), (b), (c) and (d) of this section.

Historical Note

Sec. filed April 4, 1977; amd. filed June 24, 1981 eff. June 24, 1981. Amended heading.

5-1.13 Sampling and analytical requirements.

The supplier of water shall collect and analyze raw water samples for contaminants at a frequency prescribed by the State.

Historical Note

Sec. filed April 4, 1977 eff. June 24, 1977 except as otherwise specifically provided.

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

Prior to 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 prior to 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.

Historical Note

Sec. filed April 4. 1977; amd. filed June 24, 1981 eff. June 24, 1981.

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.

Historical Note

Sec. filed April 4, 1977 eff. June 24, 1977 except as otherwise specifically provided.

PLANNING, SITING, TREATMENT AND APPROVAL

5-1.20 Applicability.

The provisions of sections 5-1.20 through 5-1.40 of this Subpart shall apply to all public water systems.

Historical Note

Sec. filed Aug. 3, 1972; amds. filed: Apr. 3, 1973 and May 6, 1974; repealed, new filed April 4, 1977 eff. June 24, 1977 except as otherwise specifically provided.

5-1.21 Siting requirements.

Before a person shall enter into a financial commitment for or initiate construction of a public water system, such person shall notify the State and, to the extent practicable, avoid locating part or all of the public water system at a site which:

(a) is subject to a significant risk from earthquake, floods, fires or other disasters; or

(b) except for intake structures, is within the floodplain of a 100-year floor or is lower than any recorded high tide.

Historical Note

Sec. filed Aug. 3, 1972; repealed, new otherwise specifically provided. flied April 4, 1977 eff. June 24, 1977 except as

5-1.22 Approval of plans and completed works.

(a) No supplier of water shall make, install or construct, or allow to be made, installed or constructed, a public water system or any addition to or modification of a public water system until the plans and specidcations have been submitted to and approved by the State.

(b) Recommended Standards for Water Works* and Rural Water Supply**, as issued by the department, shall be the basis upon which all plans and specifications for public water systems will be approved. The department may allow deviations from these standards in accordance with procedures and criteria established by the commissioner.

(c) The commissioner may approve such plans or may require such modification which he deems necessary to protect public health or safety. Application for plan approval shall be made on a form prescribed by the commissioner.

(d) A supplier of water shall receive the approval of the commissioner before placing into service any public water system constructed under the requirements of this section. Application for placement into service shall be made on a form prescribed by the commissioner.

* See Appendix 5-A, infra.
** See Appendix 5-B, infra.

Historical Note

Sec. filed April 4, 1977; amd. filed June 24, 1981 eff. June 24, 1981. Amended (b).

5-1.23 Reporting emergencies.

(a) The supplier of water shall not take, use, or cause to be taken for use water from any emergency source or discontinue or alter disinfection or other treatment processes without first having notified by telephone or telegram, and received the approval of, the State. Upon receipt of such notification, the State shall advise the supplier of water and interested local officials of the approved action or proposed action by the supplier of water to protect the public health during the emergency.

(b) The supplier of water must make State notification when he determines that the delivery of water is interrupted to a minimum of 25 individuals or five service connections, or to a minimum of one percent of the total number of individuals served or service connections, whichever is larger, for a period of four hours or more.

(c) A printed copy of this section shall be conspicuously posted in the office used by the supplier of water.

Historical Note

Sec. filed April 4, 1977; amd. filed June 24, 1981 eff. June 24, 1981.

5-1.24 Approval of fluoridation of public water systems.

Fluorine compounds shall not be added to a public water system until a written application has been submitted to and written approval is granted by the commissioner.

Historical Note

Sec. filed April 4, 1977 eff. June 24, 1977 except as otherwise specifically provided.

5-1.25 Disinfection of facilities.

No spring basin, collecting basin, well, infiltration gallery, water main, pumping station, standpipe or reservoir shall be placed in service following cleaning or repairs until it has been disinfected in a manner approved by the commissioner.

Historical Note

Sec. filed April 4, 1977 eff. June 24, 1977 except as otherwise specifically provided.

5-1.26 Dewatering trenches.

No repairs to the public water system shall be made until the trench has been dewatered to a point below the mains, valves or other structures. Every effort shall be made to prevent the entrance of foreign material and seepage into the public water system.

Historical Note

Sec. filed April 4, 1977 eff. June 24, 1977 except as otherwise specifically provided.

5-1.27 Adequacy of distribution system.

The public water system shall be maintained and operated by the supplier of water to assure a minimum working pressure of 20 pounds per square inch at ground level at all points in the distribution system. Measurement of pressure may be obtained from representative points of use.

Historical Note

Sec. filed April 4, 1977; amd. filed June 24, 1981 eff. June 24, 1981.

5-1.28 Blowoff facilities.

All blowoff drains or discharge pipes connected to the public water system should be terminated at points where these structures will not be subject to flooding or otherwise subject to contamination.

Historical Note

Sec. filed April 4, 1977 eff. June 24, 1977 except as otherwise specifically provided.

5-1.29 Pumping equipment.

Pumping equipment of a public water system, for water which is not subject to subsequent treatment, shall be so installed and operated as to prevent contamination of the public water system. Whenever priming is necessary, such pump shall be primed with water meeting the requirements of sections 5-1.50 through 5-1.55 and sections 5-1.60 through 5-1.65 of this Subpart.

Historical Note

Sec. filed April 4, 1977 eff. June 24, 1977 except as otherwise specifically provided.

5-1.30 Providing treatment for public water systems.

(a) The supplier of water shall provide such treatment as necessary to deliver to the consumer a water conforming to the requirements of this Subpart. Minimum treatment for a source of water supply shall be disinfection by chlorination or other disinfection methods acceptable to the commissioner.

(b) Notwithstanding anything to the contrary contained in subdivision (a) of this section, the commissioner is hereby authorized, upon the submission of a written application therefor, to grant a waiver, renewable annually, to the disinfection rule established by this section for a ground water source provided that:

(1) the full-time public health officer or his designated representative having jurisdiction over the community water system of such ground water source recommends such waiver;

(2) the record of the bacteriological and physical characteristics for the ground water source or sources demonstrates that they conformed to the maximum contaminant levels of this Subpart, for the 12 months immediately preceding the date of application for waiver; such record shall be established under procedures provided by the commissioner;

(3) a laboratory approved pursuant to Subpart 55-2 of Part 55 of Chapter II of Title 10 (Health) of the Official Compilation of Codes, Rules and Regulations of the State of New York, is used by the supplier of water to provide monitoring of drinking water quality and delivery of drinking water in conformity with this Subpart;

(4) an active cross connection control program acceptable to the commissioner to prevent the backflow or entry of undesirable and toxic substances into the water distribution system is adopted and maintained by the supplier of water, and such cross connection control program shall include the maintenance of adequate distribution system pressures;

(5) appropriate watershed rules and regulations to protect such ground water source are adopted pursuant to the provisions of article 11 of the Public Health Law, updated as necessary, and administered by the supplier of water, or other watershed controls satisfactory to the commissioner are adopted, updated and administered;

(6) all water storage facilities are adequately protected pursuant to section 5-1.32 of this Subpart; and

(7) all sources of the water supply are properly located, constructed and effectively protected and maintained in a manner acceptable to the commissioner.

(c) Notwithstanding anything to the contrary contained in subdivision (a) of this section and based on compliance by the public water system with the requirements of subdivision (b) of this section, the commissioner is hereby authorized upon submission of a written application to grant a waiver, renewable annually, to the disinfection rule established by this section for a ground water source which has been treated with or is presently treated with disinfection.

(d) Notwithstanding anything to the contrary contained in either subdivision (a) or subdivision (b) of this section the State may waive the disinfection requirements of this section for a ground water source at a non-community water system or a community water system serving less than 50 dwelling units, based upon periodic evaluation of a sanitary survey and the geology of the area; the bacteriologlcal, chemical and physical characteristics of the water; the location, construction and protection of the ground water source; and the method of water storage and distribution.

(e) When chlorine is used as the disinfectant, a chlorine residual shall be maintained in the distribution system. Representative chlorine residual analyses shall be performed and reported as required by the State.

Historical Note

Sec. filed Aug. 3, 1972; repealed, new filed April 4, 1977 eff. June 24, 1977 except as otherwise specifically provided.

5-1.31 Cross-connection control.

(a) The supplier of water shall protect the public water system, in accordance with procedures acceptable to the commissioner, by containing potential contamination within the premises of the user in the following manner:

(1) by requiring an acceptable air gap, reduced pressure zone device, double check valve assembly or equivalent protective device acceptable to the commissioner consistent with the degree of hazard posed by any service connection;

(2) by requiring the users of such connections to submit plans for the installation of protective devices to the supplier of water and the State for approval; and

(3) by assuring that all protective devices be tested at least annually. Records of such tests shall be made available to and maintained by the supplier of water. Such tests shall be conducted by certified backflow prevention device testers pursuant to the following requirements:

(i) A "general tester" certification will be issued when the applicant presents proof of a high school diploma or equivalency certificate and proof of satisfactory completion of a training course for testers of backflow prevention devlces which has been approved by the department.

(ii) A "limited tester" certiiication will be issued when the applicant presents proof of a high school diploma or equivalency certificate and proof of employment by a manufacturer as its agent for the servicing, maintaining and testing of backflow prevention devices.

(iii) The department has the authority to require any person applying for certification or renewal of certification as a certified tester of backflow prevention devices to take a written, oral or practical examination, if it deems such examinations to be reasonably necessary in determining the applicant's qualifications. The results of such examinations may be the sole basis for approval or disapproval of an application for certification or renewal of certification.

(iv) At least three months prior to the expiration date of a current certificate, both a general tester and a limited tester must submit proof that they are still engaged in the activity represented by their current certification.

(v) A certification will be suspended or revoked, upon due notice and an opportunity for a hearing thereon, for any of the following reasons: submission of false test reports for backflow prevention devices; proof that the person is no longer engaged in servicing, maintaining and testing backflow prevention devices; or failure to make application for recertification.

(b) The supplier of water should not allow a user to establish a separate source of water. However, if the user justifies the need for a separate source of water, the supplier of water shall protect the public water system from a user who has a separate source of water and does not pose a hazard as detailed in subdivision (a) of this section in the following manner:

(1) by requiring the user to regularly examine the separate water source as to its quality;

(2) by approving the use of only those separate water sources which are properly developed, constructed, protected and found to meet the requirements of sections 5-1.50 through 5-1.55 and sections 5-1.60 through 5-1.65 of this Subpart; and

(3) by filing such approvals with the department annually.

(c) All users of a public water system shall prevent cross-connections between the potable water piping system and any other piping system within the premises.

Historical Note

Sec. filed Aug. 8, 1972; repealed, new filed April 4, 1977; amd. filled June 24, 1981 eff. June 24, 1981. Amended (a).

5-1.32 Protection of equalizing and distribution reservoirs.

Equalizing and distribution reservoirs which deliver water to the user without subsequent acceptable treatment shall be covered, or the water from an uncovered reservoir must be continuously disinfected in a manner acceptable to the State before being discharged into the distribution system.

Historical Note

Sec. filed Aug. 3, 1972; repealed. new filed April 4, 1977 eff. June 24, 1977 except as otherwise specifically provided.

5-1.33 Emergency plans.

A supplier of water of a community water system may be required to prepare, update and submit an acceptable written plan to the State to provide safe drinking water to all consumers during an emergency.

Historical Note

Sec. filed Aug. 3, 1972; repealed. filed April 4, 1977; new filed June 24, 1981 eff. June 24. 1981.

5-1.34—5-1.36

Historical Note

Sec. filed Aug. 3, 1972; repealed, filed April 4, 1977 eff. June 24, 1977.

BOTTLED AND BULK WATER

5-1.40 Distribution of bottled or bulk water.

No person shall sell, offer for sale or deliver bottled or bulk water for human consumption, food preparation or culinary purposes unless the source, equipment, treatment, packaging and method of handling are approved by the commissioner and meet the requirements of sections 5-1.50 through 5-1.55 of this Subpart, Sampling and analyses of bottled or bulk water shall be at a frequency necessary to insure protection of the public health, as determined by the commissioner. The commissioner may exempt bottled water from the chemical and radiological requirements of the aforementioned sections based on justification submittedlto him by the person selling, offering for sale or delivering bottled water, that establishes that the granting of the exemption would not constitute a hazard to the health of the consumers of such bottled water. In all situations where the commissioner has exempted bottled water, an appropriate label, approved by the commissioner, shall be conspicuously placed on all bottles or containers of such exempted water manufactured, distributed or sold at retail within the State of New York. The basis for approvals required by this section shall be Recommended Standards for Owners and Operators of Bottled and Bulk Water Facilities, as issued by the department. ***

*** see Appendix 5-C, infra.

Historical Note

Sec. filed Aug. 3, 1972; repealed, new eff. July 5, 1979. filed April 4, 1977; amd. filed July 5, 1979

COMMUNITY WATER SYSTEMS; MAXIMUM CONTAMINANT LEVELS; SAMTPLING AND ANALYTICAL REQUIREMENTS

5-1.50 Applicability and responsibility.

The provisions of sections 5-1.50 through 5-1.55 of this Subpart shall apply to community water systems. The supplier of water of a community water system is responsible for completion of the sampling and analytical requirements set forth in sections 5-1.50 through 5-1.55 of this Subpart. At the discretion of the State, analyses performed by the department or a local health unit may be substituted for the required analyses. The results of analyses performed by the department or local health unit shall be accepted by the supplier of water for monitoring purposes, unless the supplier of water has informed the State, in writing, that such analyses shall not be considered for monitoring purposes.

Historical Note

Sec. filed April 4, 1977 eff. June 24, 1977 except as otherwise speeldcally provided.

5-1.51 Inorganic chemicals.

(a) The maximum contaminant levels for the following inorganic chemicals are:

Inorganic chemical                        Maximum contaminant level
                                           (milligrams per liter)
  Arsenic (As) ..................................  0.05
  Barium (Ba) .......................... ........  1.
  Cadmium (Cd) ..................................  0.010
  Chromium (Cr) .................................  0.05
  Fluoride (F) ..................................  2.2
  Lead (Pb) .....................................  0.05
  Mercury (Hg) ..................................  0.002  
  Nitrate (as N) ................................ 10.
  Selenium (Se) .................................  0.01
  Silver (Ag) ...................................  0.05

(b) Sampling and analytical requirements.

(1) Analyses for the purpose of determining compliance with subdivision (a) of this section shall be performed as follows:

(i) community water systems using surface water sources shall have an analysis of point of use water performed annually for the inorganic chemicals set forth in subdivision (a) of this section. The initial analyses for inorganic chemicals shall be completed by June 24, 1978.

(ii) community water systems using ground water sources shall have an analysis of point of use water performed at three year intervals for the inorganic chemicals set forth in subdivision (a) of this section. The initial analysis for inorganic chemicals shall be completed by June 24, 1979.

(2) If the results of an analysis of an inorganic chemical mentioned above, except for nitrate, exceed the maximum contaminant level, the supplier of water shall report such result to the State within seven days and collect and analyze three additional samples from the same sampling point within one month for the inorganic chemical contaminant level so exceeded.

(3) If the results of a nitrate analysis exceed the maximum contaminant level, the supplier of water shall report such result to the State and collect a second sample within 24 hours of the receipt of the results of the first analysis.

(4) When the average1 of the four analyses or the two nitrate analyses exceeds the prescribed maximum contaminant level, the supplier of water shall make State, public and consumer notification.

(c) The maximum contaminant levels for the following inorganic chemicals and physical characteristics are:

                                         Maximum contaminant level
Inorganic chemical                        (milligrams per liter)
Chloride (Cl) ................................... 250.0
Copper (Cu) .....................................   1.0
Iron (Fe) .......................................   0.32
Manganese (Mn) ..................................   0.32
Sodium (Na) ............................ no designated limits3
Sulfate (SO4) ................................... 250.0
Zinc (Zn) .......................................   5.0

Physical characteristic Units
Color ...........................................  15
Corrosivity ..................................... non-corrosive4
Odor ............................................   3

1Rounded to the same number of significant figures as the maximum contaminant level for the substance in question.

2If iron and manganese are both present, the total concentration of both substances should not exceed 0.5 milligrams per liter. Higher levels of iron may be allowed by the State when justified by the supplier of water.

3Water containing more than 20 milligrams per liter of sodium should not be used for drinking by those on severely restricted sodium diets. Water containing more than 270 milligrams per liter of sodium should not be used for drinking by those on moderately restricted sodium diets.

4Corrosivlty shall be determined by calcium carbonate saturation or other methods acceptable to the commissioner. A water other than noncorrosive may be allowed by the State based on justification submitted by the supplier of water. Such justification shall include, but may not be limited to:
(a) data concerning increases in metal concentrations of point of use water as compared to source water metal content;
(b) distribution water quality characteristics such as calcium hardness, alkalinity, total dissolved solids, and pH;
(c) documentation of the lack of complaints or potential adverse effects; and
(d) a report summarizing, for at least a period of one year, the above.

(d) Sampling and analytical requirements. Analyses of distribution points water for the purpose of determining compliance with subdivision (d) of this section shall be made at a frequency specified by the State.
(e) If the results of an analysis of an inorganic chemical mentioned above exceed the maximum contaminant level, the supplier of water shall make State notification.

(f) Analyses to determine compliance with subdivisions (a) and (d) of this section shall be made in accordance with the methods set forth in Standard Methods for the Examination of Water and Wastewater, current edition, and/or applicable procedures acceptable to the commissioner.

(g) When the supplier of water fails to conform to the monitoring and analytical requirements pursuant to subdivision (b) of this section, the supplier of water shall make State and consumer notification.

(h) When the supplier of water fails to conform to the monitoring and analytical requirements pursuant to subdivision (d) of this section, the supplier of water shall make State notitication.

Historical Note

Sec. filed April 4, 1977; amd. filed June 24, 1981 eff, June 24, 1981.

5-1.52 Organic chemicals.

(a) Pesticides/herbicides.

(1) The maximum contaminant levels for the following pesticides/herbicides are:

Maximum contaminant level
(milligrams per liter)

(i) Chlorinated hydrocarbons:
Endrin* .............................................................................................. 0.0002
Lindane (1,2,3,4,5,6-hexachloro-cyclohexane, gamma isomer) ................... 0.004
Methoxychlor (1,1,1-Trichloro-2,2-bix p-methoxyphenyl ethane) ............... 0.1
Toxaphene (C10H10Cl8-Technical chlorinated camphene, 67-69 percent chlorine) .. 0.005

(ii) Chlorophenoxys:
2, 4-D (2, 4-Dichlorophenoxyacetic acid) .................................................. 0.1
2, 4, 5-TP Silvex (2, 4, 5-Trichlorophenoxypropionic acid) ...................... 0.01

* 1,2,3,4,10,hexachloro-6,7-epoxy-1,4,4a,5,6,7,8,8a-octahydro-1,4-endo, endo-5,8-dimethanonaphthalene

(2) Sampling and analytical requirements.

(i) Analyses for the purpose of determining compliance with the pesticide/herbicide maximum contaminant levels shall be performed as follows:

(a) community water systems using surface water sources shall have analysis of point of use water performed at three-year intervals for the pesticide/herbicide chemicals.

(b) community water systems using groundwater sources shall have analysis of point of use water performed at a frequency specified by the department for the pesticide/herbicide chemicals.

(ii) If the result of a pesticide/herbicide analysis exceeds a maximum contaminant level, the supplier of water shall report (to the State within seven days and collect and analyze three additional samples from the same sampling point within one month.

(3) Notification requirements.

(i) When the average of the four pesticide/ herbicide analyses exceeds the maximum contaminant level, the supplier of water shall make State, public and consumer notification.

(ii) When the supplier of water fails to comply with the monitoring and analytical requirements pursuant to this subdivision, the supplier of water shall make State and consumer notification.

(b) Total trihalomethanes.

(1) The maximum contaminant levels, sampling and analytical requirements are:
(i)
Community water systemMinimum monitoring requirementsMonitoring effective dateMCL (mg/l)MCL effective date
Serving 75,000 or more persons4 samples per quarter per disinfection station11/1/810.10 21/1/82
Serving 10,000-74,999 persons4 samples per quarter per disinfection station11/1/830.10 21/1/84
Serving 9,999 or less personsAs required by the State1/1/850.10 21/1/86

1At least 25 percent of the quarterly samples must be obtained at distribution points reflecting maximum residence time; the remaining samples must be taken at representative distributidn points. All samples must be obtained on the same day.

2Compliance with the maximum contaminant level shall be determined based on a running annual average of quarterly samples.

(ii) The State may require the supplier of water to monitor for maximum total trihalomethane potential at a frequency specified by the State.

(iii) The State may reduce the total trihalomethane monitoring frequencies in accordance with criteria acceptable to the commissioner.

(2) Notification requirements. (i) The results of all analyses per quarter must be arithmetically averaged and reported to the State within 30 days of the public water system's receipt of the analyses.

(ii) If the average of samples of any 12-consecutive-month period exceeds the maximum contaminant level, the supplier of water shall make State notification, public notification and consumer notification.

(iii) When the supplier of water fails to comply with the monitoring and analytical requirements pursuant to this subdivision, the supplier of water shall make State and consumer notitication.

(c) Analyses conducted to determine compliance with subdivisions (a) and (b) of this section shall be made in accordance with the methods set forth in Standard Methods for the Examination of Water and Wastewater, current edition, and/or applicable procedures acceptable to the commissioner.

Historical Note

Sec. filed April 4, 1977; repealed, new filed June 24, 1981 eff. June 24, 1981.

5-1.53 Turbidity.

(a) The entry point maximum contaminant levels for tur bidity are applicable to community water systems using surface water sources.

(1) The maximum contaminant levels, sampling and reporting requirements for turbidity at entry points for surface water sources are as follows:

                                               Turbidity units

(i) Monthly average ................................ 1

(ii) Two-consecutive-day average ................... 5

(iii) If the monthly average or the two-consecutive-day average of the daily turbidity analysis exceeds the maximum contaminant level, the supplier of water shall make State notification, public notification and consumer notification.

(iv) One turbidity sample per day shall be collected, analyzed and reported for each entry point.

(v) If any daily entry point turbidity analysis exceeds a value of one turbidity unit, a repeat sample shall be taken and analyzed as soon as practicable and preferably within one hour. If the repeat sample confirms that the turbidity is greater than one turbidity unit, the supplier of water shall make State notification, The repeat sample shall be the sample used for the purpose of computing the two-consecutive-day and the monthly averages.

(vi) If the two-consecutive-day average exceeds the maximum contaminant level, the supplier of water shall analyze for microbiological contamination at a point downstream of the first consumer, but as close to the first consumer as is practicable. This additional microbiological sample should be taken within one hour or as soon as practicable after determining the twoconsecutive-day average. The supplier of water shall report the result of this microbiological analysis to the state within 48 hours of obtaining the result. The result of this analysis shall not be used for monitoring purposes.

(2) Notwithstanding anything to the contrary contained in paragraph one of this subdivision, the commissioner may establish a monthly average entry point turbidity maximum contaminant level of five turbidity units based on justification submitted by the supplier of water. Such justidcation shall demonstrate that the higher turbidity does not do any of the following:

(i) interfere with disinfection;

(ii) prevent maintenance of an effective disinfectant at distribution points; or

(iii) interfere with microbiological determinations.

(3) The maximum contaminant levels, sampling and reporting requirements for surface water sources for which the commissioner has established a monthly p average entry point turbidity maximum contaminant level of five turbidity units pursuant to paragraph (2) of this subdivision are as follows:

                                               Turbidity units

(i) Monthly average ................................ 5

(ii) Two-consecutive-day average ................... 5

(iii) If the monthly average or the two-consecutive-day average of the daily turbidity analysis exceeds the maximum contaminant level, the supplier of water shall make State notification and consumer notification.

(iv) One turbidity sample per day shall be collected, analyzed and reported for each entry point.

(v) If any daily entry point turbidity analysis exceeds a value of five turbidity units, a repeat sample shall be taken and analyzed as soon as practicable and preferably within one hour. If the repeat sample confirms that the turbidity ls greater than five turbidity units, the supplier of water shall make State notification. The repeat sample shall be the sample used for the of computing the two-consecutive-day and the monthly averagesl

(vi) If the two-consecutive-day average exceeds the maximum contamb nant level, the supplier of water shall analyze for microbiological contamination at a point downstream of the first consumer, but as close to the first consumer as is practicable. This additional microbiological sample should be taken within one hour or as soon as practicable after determining the two-consecutlveday average. The supplier of water shall report the result of this microbiological analysis to the State within 48 hours of obtaining the result. The result of this analysis shall not be used for monitoring purposes.

(b) Distribution point maximum contaminant levels for turbidity are applicable to community water systems and are based on the type of water source and the monthly average entry point turbidity maximum contaminant level. The distribution point turbidity shall not exceed live turbidity units as determined by a monthly average of all samples collected in any calendar month. The sampling, analytical and reporting requirements for community water systems are as follows:

(1) Community water systems using groundwater sources. Sampling and analysis for turbidity at distribution points shall be made at a frequency specified by the State. If the distribution point turbidity monthly average exceeds Bve turbidity units, the supplier of water shall make State notification.

(2) Surface source community water systems with a monthly average entry point turbidity maximum contaminant level of one turbidity unit. Five distribution point turbidity samples are to be collected and analyzed each week. If the State determines that some other frequency is more appropriate, that frequency so determined shall be the frequency required of the water supplier. No two samples are to be collected on the same day and no two samples are to be col- lected from the same distribution point during one week, unless otherwise specified by the State. If the distribution point turbidity monthly average exceeds five turbidity units, the supplier of water shall make State notification.

(3) Surface source community water systems for which the commissioner has established a monthly average entry point turbidity maximum contaminant level of ive turbidity units pursuant to paragraph (2) of subdivision (a) of this section.

(i) Five distribution point turbidity samples are to be collected and analyzed each week. If the State determines that some other frequency is more appropriate, that frequency so determined shall be the frequency required of the water supplier. Whenever a turbidity sample is collected, an analysis for chlorine residual shall be performed. No two turbidity samples are to be collected on the same day and no two turbidity samples are to be taken from the same distribution point during one week, unless otherwise specified by the State.

(ii) The minimum distribution point free chlorine residual should be not less than 0.2 milligram per liter. If the distribution point turbidity analysis exceeds five turbidity units or if the free chlorine residual is less than 0.2 milligram per liter, the supplier of water shall make State notification.

(4) Community water systems using both ground water sources and surface water sources and/or surface sources with established monthly average entry point turbidity maximum contaminant levels of one or five turbidity units.

(i) Distribution point sampling and analysis shall meet the requirements of paragraphs (1)-(3) of this subdivision. The most stringent sampling requirement associated with the source type and established monthly average entry point turbidity maximum contaminant levels shall apply.

(ii) Reporting requirements shall meet the requirements of paragraphs (1)-(3) of this subdivision. The most stringent reporting requirement, associated with the source type and established monthly average entry point tur bidity maximum contaminant levels shall apply.

(c) Analyses to determine compliance with this section shall be made by the "nephelometric method" in accordance with the recommendations set forth in Standard Methods for the Examination of Water and Wastewater, current edition, and/or applicable procedures acceptable to the commissioner.

(d) The "nephelometric method" of turbidity analysis is capable of determining two significant figures for turbidity values less than five turbidity units. On a daily basis, turbidity results shall be recorded with two significant figures. All daily results collected in a month or two-consecutive-day turbidity results shall be averaged5 to determine conformance with the maximum contaminant levels.

(e) When the supplier of water fails to conform to the entry point turbidity monitoring and analytical requirements, the supplier of water shall make State and consumer notification.

(f) When the supplier of water fails to conform to the distribution point turbidity monitoring and analytical requirements, the supplier of water shall make State notification.

5Rounded off to the nearest whole number.

Historical Note

Sec. filed April 4, 1977; amd. filed June 24, 1981 eff. June 24, 1981. Amended (a)-(b), added (e)-(f).

5-1.54 Microbiological.

(a) The maximum contaminant levels for coliform bacteria applicable to community water systems are as follows:

(1) When the membrane filter technique is used, the number of coliform bacteria shall not exceed any of the following:

(i) one per 100 milliliters as the mean of all samples examined per month pursuant to subdivision (b) of this section;

(ii) four per 100 milliliters in more than one sample when less than 20 samples are examined per month; or

(iii) four per 100 milliliters in more than live percent of the samples when 20 or more samples are examined per month.

(2) When the fermentation tube method is used, coliform bacteria shall not be present in any of the following:

(i) more than 10 percent of the portions analyzed in any month pursuant to subdivision (b) of this section;

(ii) three or more portions in more than one sample when less than 20 samples are examined per month; or

(iii) three or more portions in more than five percent of the samples when 20 or more samples are examined per month.

(3) For community water systems that are required to sample at a rate of fewer than four per month, compliance with this subdivision shall be based upon sampling during a three-month period unless otherwise directed by the State.

(b) Sampling and analytical requirements.

(1) Suppliers of water for community water systems shall analyze for coliform bacteria for the purpose of determining compliance with subdivision (a) of this section. Analyses shall be conducted in accordance with the analytical recommendations set forth in Standard Methods for the Eavamination of Water and Wastewater, current edition, except that a standard sample size shall be employed. The standard sample used in the membrane filter procedure shall be 100 milliliters. The standard sample used in the five-tube most probable number procedure (fermentation tube method) shall be nve times the standard portion. The standard portion is 10 milliliters. Samples required by this section shall be taken at distribution points.

(2) The supplier of water shall take distribution point samples at regular time intervals, and in number proportionate to the population served. If chlorine is used as the disinfectant, whenever a sample is collected a chlorine residual determination shall be made at the same time and location as the sample. In no event shall the frequency be less than as set forth below:

                     Minimum number of
Population served:   samples per month
Up to 1,000........................  1
1,001 to 2,500 ....................  2
2,501 to 3,800 ....................  3
3,301 to 4,100 ....................  4
4,101 to 4,900 ....................  5
4,901 to 5,800 ....................  6
5,801 to 6,700 ....................  7
6,701 to 7,600 ....................  8
7,601 to 8,500 ....................  9
8,501 to 9,400 .................... 10
9,401 to 10,300 ................... 11
10,301 to 11,100 .................. 12
11,101 to 12,000 .................. 13
12,001 to 12,900 .................. 14
12,901 to 13,700 .................. 15
13,701 to 14,600 .................. 16
14,601 to 15,500 .................. 17
15,501 to 16,300 .................. 18
16,301 to 17,200 .................. 19
17,201 to 18,100 .................. 20
18,101 to 18,900 .................. 21
18,901 to 19,800 .................. 22
19,801 to 20,700 .................. 23
20,701 to 21,500 .................. 24
21,501 to 22,300 .................. 25
22,301 to 23,200 .................. 26
28,201 to 24,000 .................. 27
24,001 to 24,900 .................. 28
24,901 to 25,000 .................. 29
25,001 to 28,000 .................. 30
28,001 to 33,000 .................. 35
33,001 to 37,000 .................. 40
37,001 to 41,000 .................. 45
41,001 to 46,000 .................. 50
46,001 to 50,000 .................. 55
50,001 to 54,000 .................. 60
54,001 to 59,000 .................. 65
59,001 to 64,000 .................. 70
64,001 to 70,000 .................. 75
70,001 to 76,000 .................. 80
76,001 to 83,000 .................. 85
83,001 to 90,000 .................. 90

                      Minimum number of
Population served:    samples per month
90,001 to 96,000 ..................  95
96,001 to 111,000 ................. 100
111,001 to 130,000 ................ 110
130,001 to 160,000 ................ 120
160,001 to 190,000 ................ 130
190,001 to 220,000 ................ 140
220,001 to 250,000 ................ 150
250,001 to 290,000 ................ 160
290,001 to 320,000 ................ 170
320,001 to 360,000 ................ 180
360,001 to 410,000 ................ 190
410,001 to 450,000 ................ 200
450,001 to 500,000 ................ 210
500,001 to 550,000 ................ 220
550,001 to 600,000 ................ 280
600,001 to 660,000 ................ 240
660,001 to 720,000 ................ 250
720,001 to 780,000 ................ 260
780,001 to 840,000 ................ 270
840,001 to 910,000 ................ 280
910,001 to 970,000 ................ 290
970,001 to 1,050,000 .............. 300
1,050,001 to 1,140,000 ............ 310
1,140,001 to 1,230,000 ............ 320
1,230,001 to 1,320,000 ............ 330
1,320,001 to 1,420,000 ............ 340
1,420,001 to 1,520,000 ............ 350
1,520,001 to 1,630,000 ............ 360
1,630,001 to 1,730,000 ............ 370
1,730,001 to 1,850,000 ............ 380
1,850,001 to 1,970,000 ............ 390
1,970,001 to 2,060,000 ............ 400
2,060,001 to 2,270,000 ............ 410
2,270,001 to 2,510,000 ............ 420
2,510,001 to 2,750,000 ............ 430
2,750,001 to 3,020,000 ............ 440
3,020,001 to 3,320,000 ............ 450
3,320,001 to 3,620,000 ............ 460
3,620,001 to 3,960,000 ............ 470
3,960,001 to 4,310,000 ............ 480
4,310,001 to 4,690,000 ............ 490
4,690,001 or more ................. 500

(3) The State may permit a community water system serving 1,000 or fewer persons to reduce the sampling frequency to not less than one sample per quarter based on justification submitted by the supplier of water.

(4) When the coliform bacteria in a single sample exceed four per 100 milliliters by the membrane filter procedure, at least two consecutive daily check samples shall be collected from the same sampling point and examined by the membrane filter technique. Additional check samples shall be collected daily, or at a frequency established by the State until the results obtained from at least two consecutive check samples show less than one coliform bacterium per 100 milliliters. If chlorine is used as the disinfectant, whenever a check sample iscollected a chlorine residual determination shall be made at the same time and location as the check sample.

(5) When coliform bacteria occur in three or more 10-milliliter portions of a single sample, at least two consecutive daily check samples shall be collected from the same sampling point and examined by the fermentation tube method. Additional check samples shall be collected daily, or at a frequency established by the State until the results obtained from at least two consecutive check samples show no positive tubes. If chlorine is used as the disinfectant, whenever a check sample is collected a chlorine residual determination shall be made at the same time and location as the check sample.

(6) The sampling point for check samples shall not be altered without approval of the State. The results from all coliform bacterial analyses performed pursuant to this section, except those obtained from check samples and special purpose samples, shall be used to determine compliance with the applicable maximum contaminant level for coliform bacteria prescribed by subdivision (a) of this section. Check samples shall not be included in calculating the total number of samples taken each month to determine compliance with paragraph (2) of this subdivision.

(7) When the presence of coliform bacteria in water taken from a sampling point has been confirmed by any check sample, the supplier of water shall report to the State within 48 hours.

(8) When a maximum contaminant level set forth in paragraphs (1) and (2) of subdivision (a) of this section is exceeded, the supplier of water shall make State, public and consumer notification.

(9) Special purpose samples, such as those taken to determine whether disinfection practices following pipe placement, replacement, or repair have been sufficient, shall not be used to determine compliance with paragraphs (1) and (2) of subdivision (a) of this section or paragraph (2) of this subdivision.

Historical Note

Sec. filed April 4, 1977; amd. filed June 24, 1981 eff. June 24, 1981.

5-1.55 Radioactivity.

(a) The maximum contaminant levels for radium-226, radium-228 and gross alpha particle radioactivity are as follows:

                                             Picocuries per liter

(1) Combined radium-226 and radium-228 ............. 5

(2) Gross alpha particle activity (including radium-226 but excluding radon and uranium) ............................ 15

(b) The maximum contaminant levels for beta particle and photon radioactivity from man-made radionuclides are as follows:

(1) the average annual concentration of beta particle and photon radioac- tivity from man-made radionuclides in drinking water shall not produce an annual dose equivalent to the total body or any internal organ greater than four millirems per year.

(2) except for the radionuclides listed in the table below, the concentration of man-made radionuclides causing four millirems total body or organ dose equivalents shall be calculated on the basis of two-liter per day drinking water intake using the 168-hour data listed in Maximum Permissible Body Burdens and Maximum Permissible Concentration of Radionuclides in Air or Water for Occupational Exposure, National Bureau of Standards, Handbook 69, as amended August 1963, U.S. Department of Commerce. If two or more radionuclides are present, the sum of their annual dose equivalent to the total body or to any organ shall not exceed four millirems per year.

TABLE
AVERAGE ANNUAL CONCENTRATIONS ASSUMED TO PRODUCE
TOTAL BODY OR ORGAN DOSE OF FOUR MILLIREMS PER YEAR
RadionuclideCritical organConcentration (pCi/l= picocuries per liter)
Tritiumtotal body20,000 pCi/l
Strontium-90bone marrow8 pCi/l

(3) Community water systems shall monitor at point of use.

(c) The compliance and monitoring requirements for gross alpha particle activity, radium-226 and radium-228 shall be as follows:

(1) Compliance shall be based on the analysis of an annual composite of four consecutive quarterly samples or the average of the analyses of four samples obtained at quarterly intervals.

(i) A gross alpha particle activity measurement may be substituted for the required radium-226 and radium-228 analysis, provided that the measured gross alpha particle activity does not exceed five picccuries per liter at a confidence level of 95 per centum (1.65 σ where σ is the standard deviation of the net counting rate of the sample).

(ii) When the gross alpha particle activity exceeds five picocuries per liter, the same or an equivalent sample shall be analyzed for radium-226. If the concentration of radium-226 exceeds three picocuries per liter, the same or an equivalent sample shall be analyzed for radium-228.

(2) Suppliers of water shall monitor at least once every four years following the procedure required by paragraph one of this subdivision. The commissioner may permit the substitution of the analysis of a single sample for quarterly sampling required by paragraph one of this subdivision when the average annual concentration is less than one half of the maximum contaminant level. The initial analyses for gross alpha particle activity, radium-226 and radium-228, shall be completed by June 24, 1980.

(i) A supplier of water shall monitor, in conformance with paragraph one of this subdivision, within one year of the introduction of a new water source. More frequent monitoring shall be conducted when required by the commissioner.

(ii) A community water system using two or more sources having different concentrations of radioactivity shall monitor source water, in addition to point of use water, when required by the commissioner.

(iii) Suppliers of water shall conduct annual monitoring of any community water system in which the radium-226 concentration exceeds three picocuries per liter when required by the commissioner. Except when required by the commissioner and after the initial period of analysis, monitoring in accordance with subdivision (a) of this section need not include radium228, provided that radium-228 has been assayed at least once using the quarterly sampling procedure required by paragraph (1) of this subdivision.

(d) If the average annual maximum contaminant level for gross alpha particle activity or total radium as set forth in subdivision (a) of this section is exceeded, the supplier of water shall make State notification, public notification and consumer notification. Monitoring at quarterly intervals shall be continued until the annual average concentration no longer exceeds the maximum contaminant level or until a monitoring schedule as a condition to a variance, exemption or enforcement action shall become effective.

(e) The compliance and monitoring requirements for man-made radioactivity in community water systems using surface water sources shall be as follows:

(1) Compliance shall be based on the analysis of a composite of four consecutive quarterly samples or analysis of four quarterly samples. This paragraph is applicable to community water systems using surface water sources and serving more than 100,000 persons. Compliance with subdivision (b) of this section may be assumed without further analysis if the average annual concentration of gross beta particle activity is less than 50 picocuries per liter and if the average annual concentration of tritium and strontium-90 are less than those listed in the table set forth in paragraph (2) of subdivision (b) of this section; provided that if both radionuclides are present, the sum of their annual dose equivalents to bone marrow shall not exceed four millirems per year.

(i) If the gross beta particle activity exceeds 50 picocuries per liter, an analysis of the sample must be performed to identify the major radioactive constituents present and the appropriate organ and total body doses shall be calculated to determine compliance with subdivision (b) of this section.

(ii) At the discretion of the commissioner suppliers of water using only ground water sources may be required to monitor for man-made radioactivity.

(2) Analysis for man-made radioactivity in community water systems serving more than 100,000 persons and using surface water sources shall be made at four-year intervals in accordance with the sampling provisions of paragraph (1) of this subdivision. The initial analyses for man-made radioactivity shall be completed by June 24, 1979.

(3) When the commissioner determines that a community water system is using water contaminated by effluents from nuclear facilities, the supplier of water shall initiate quarterly monitoring for gross beta particle and iodine-131 radioactivity and annual monitoring for strontium-90 and tritium.

(i) Quarterly monitoring for gross beta particle activity shall be based on the analysis of monthly samples or the analysis of a composite of three monthly samples. If the gross beta particle activity in a sample exceeds 15 picocuries per liter, the same or an equivalent sample shall be analyzed for strontium-89 and cesium-134. If the gross beta particle activity exceeds 50 picocuries per liter, an analysis of the sample must be performed to identify the major radioactive constituents present and the appropriate organ and total body doses shall be calculated to determine compliance with subdivision (b) of this section.

(ii) For iodine-131, a composite of five consecutive daily samples shall be analyzed once each quarter. As ordered by the commissioner, more frequent monitoring shall be conducted when iodine-131 is identified in the finished water.

(iii) Annual monitoring for strontium-90 and tritium shall be conducted by means of the analysis of a composite of four consecutive quarterly samples or analysis of four quarterly samples.

(iv) The commissioner may allow the substitution of environmental surveillance data taken in conjunction with a nuclear facility for direct monitors ing of man-made radioactivity by the supplier of water.

(f) If the average annual maximum contaminant level for man-made radioactivity set forth in subdivision (b) of this section is exceeded, the supplier of water shall give notice to the State pursuant to section 5-1.81 of this Subpart and give public notincatlon pursuant to section 5-1.82 of this Subpart. Monitoring at monthly intervals shall be continued until the concentration no longer exceeds the maximum contaminant level or until a monitoring schedule as a condition to a variance, exemption or enforcement action shall become effective.

(g) Analyses conducted to determine compliance with the requirements of this section shall be pursuant to procedures acceptable to the commissioner.

(h) When the supplier of water fails to conform to the radiological monitoring and analytical requirements, the supplier of water shall make State and consumer notification.

Historical Note

Sec. filed April 4, 1977: amd. filed June 24, 1981 eff. June 24, 1981.

NONCOMMUNITY WATER SYSTEMS; MAXIMUM CONTAMINANT LEVELS; SAMPLING AND ANALYTICAL REQUIREMENTS

5-1.60 Applicability and responsibility.

Sections 5-1.60 through 5-1.65 of this Subpart shall apply to noncommunity water systems. The supplier of water of a noncommunity water system is responsible for completion of the sampling and analytical requirements set forth in sections 5-1.60 through 5-1.65 of this Subpart. At the discretion of the State, analyses performed by the department or local health unit may be substituted for the required analyses. The results of analyses performed by the department or local health unit shall be accepted by the supplier of water for monitoring purposes, unless the supplier of water has informed the State, in writing, that such analyses shall not be considered for monitoring purposes.

Historical Note

Sec. filed April 4, 1977 eff. June 24, 1977 except as otherwise specifically provided.

5-1.61 Inorganic chemicals.

(a) The following maximum contaminant level for the inorganic chemical nitrate requires State and consumer notification when exceeded:

Inorganic chemicalMaximum contaminant level
(milligrams per liter)
Nitrate (as N)10

(b) Sampling and analytical requirements.

(1) Analyses for the purpose of determining compliance with subdivision (a) of this section shall be made at a frequency specified by the State, except as prescribed by paragraph three of this subdivision.

(2) Compliance with the maximum contaminant level for nitrate, when level exceeding the maximum contaminant level for nitrate is found, shall be determined by calculation of the meanof that level and the level of nitrate found in second sample collected within 24 hours of receipt of the results of the first analysis, and if the mean of the two consecutive analyses exceeds the maximum contaminant level, the supplier of water shall make State and consumer notification.

(3) Each noncommunity water system must be initially sampled and analyzed for nitrate before June 24, 1981.

(c) The following maximum contaminant levels for inorganic chemicals and physical characteristics require State notification when exceeded:

                                 Maximum contaminant level
Inoganic chemicals                 (milligrams per liter)
Arsenic (As) .............................   0.05
Barium (Ba) ..............................   1.0
Cadmium (Cd) .............................   0.01
Chloride (Cl) ............................ 250.0
Chromium (Cr) ............................   0.05
Copper(Cu)   .............................   1.0
Iron (Fe) ................................   0.36
Lead (Pb) ................................   0.05
Manganese (Mn) ...........................   0.36
Mercury (Hg) .............................   0.002
Selenium (Se)  ...........................   0.01
Silver (Ag) ..............................   0.05
Sodium (Na) ..............................   no designated limits7
Sulfate (SO¢) ............................ 250.0
Zinc (Zn)  ...............................   5.0

Physical characteristics                     Units
Color   ...................................   15
Corrosivity ............................... non-corrosive8
Odor .......................................   3

6If iron and manganese are both present, the total concentration of both substances should not exceed 0.5 milligram per liter. Higher levels of iron may be allowed by the State when justified by the supplier of water.

7Water containing more than 20 milligrams per liter of sodium should not be used for drinking by those on severely restricted sodium diets. Water containing more than 270 milligrams per liter of sodium should not be used for drinking by those on moderately restricted sodium diets.

8Corrosivity shall be determined by calcium carbonate saturation or other method acceptable to the commissioner. A water other than noncorrosive may be allowed by the State based on justification submitted by the supplier of water. Such justification shall include but may not be limited to:

(a) data concerning increases in metal concentrations of point of use water as compared to source water metal content;

(b) distribution water quality characteristics, such as calcium hardness, alkalinity, total dissolved solids and pH;

(c) documentation of the lack of complaints or potential adverse effects; and

(d) a report summarizing, for at least a period of one year, the above.

(d) Sampling and analytical requirements. Analyses of distribution point water for the purpose of determining compliance with subdivision (c) of this section shall be made at a frequency specified by the State.

(e) If the results of an analysis made pursuant to subdivision (f) of this section exceed the maximum contaminant levels prescribed in subdivision (c) of this section, the supplier of water shall make State notification.

(f) Analyses to determine compliance with subdivisions (a) and (c) of this section shall be made in accordance with the methods set forth in Standard Methods for the Examination of Water and Wastewater, current edition, and/or applicable procedures acceptable to the commissioner.

(g) When the supplier of water fails to conform to the monitoring and analytical requirements pursuant to subdivision (b) of this section, the supplier of water shall make State and consumer notification.

(h) When the supplier of water fails to conform to the monitoring and analytical requirements pursuant to subdivision (d) of this section, the supplier of water shall make State notification.

Historical Note

Sec. filed April 4{ 1977; amd. filed June 24, 1981 eff. June 24, 1981.

5-1.62 Organic chemicals.

(a) The maximum contaminant levels of the following organic chemicals are:

                                                                                                       Maximum contaminant level
Organic chemical                                                                                   (milligrams per liter)

(1) Chlorinated hydrocarbons:
Endrin* ........................................................................................................ 0.0002
Lindane (1,2,3,4,5,6-hexachloro-cyclohexane, gamma isomer) ................... 0.004
Methoxychlor (1,1,1-Trichloro-2,2-bix[p-methoxyphenyl]ethane) .............. 0.1
Toxaphene (C10H10Cl8-Technical chlorinated camphene, 67-69 percent chlorine) .. 0.005

(2) Chlorophenoxys:
2, 4-D (2, 4-Dichlorophenoxyacetic acid) .................................................. 0.1
2, 4, 5-TP Silvex (2, 4, 5-Trichlorophenoxypropionic acid) ...................... 0.01

* 1,2,3,4,10,hexachloro-6,7-epoxy-1,4,4a,5,6,7,8,8a-octahydro-1,4-endo, endo-5,8-dimethanonaphthalene

(b) Sampling, analysis and reporting for contaminants listed in subdivision (a) of this section shall be conducted as determined by the State.

(c) Analyses conducted to determine compliance with this section shall be made in accordance with the methods set forth in Standard Methods for the Eacamination of Water and Wastewater, current edition, and/or applicable procedures acceptable to the commissioner.

(d) When the supplier of water fails to conform to the monitoring and analytical requirements pursuant to this section, the supplier of water shall make State and consumer notification.

Historical Note

Sec. filed April 4, 1977; amd. filed June 24, 1981 eff. June 24, 1981.

5-1.63 Turbidity.

(a) The entry point maximum contaminant levels for turbidity are applicable to noncommunity water systems using surface water sources.

(1) The maximum contaminant levels, sampling, and reporting requirements for turbidity at entry points for surface water sources are as follows:

                                                Turbidity units

(i) Monthly average ................................ 1

(ii) Two-consecutive-day average .................... 5

(iii) If the monthly average or the two-consecutive-day average of the daily turbidity analysis exceeds the maximum contaminant level, the supplier of water shall make State notification, public notification and consumer noti- fication.

(iv) One turbidity sample per day shall be collected, analyzed and reported for each entry point.

(v) If any daily entry point turbidity analysis exceeds a value of one turbidity unit, a repeat sample shall be taken and analyzed as soon as practicable and preferably within one hour. If the repeat sample confirms that the turbidity is greater than one turbidity unit, the supplier of water shall make State notification. The repeat sample shall be the sample used for the purpose of computing the two-consecutive-day and the monthly averages.

(2) Notwithstanding anything to the contrary contained in paragraph (1) of this subdivision, the commissioner may establish a monthly average entry point turbidity maximum contaminant level of five turbidity units based on justification submitted by the supplier of water. Such justification shall demonstrate that the higher turbidity does not do any of the following:

(i) interfere with disinfection;

(ii) prevent maintenance of an effective disinfectant at distribution points; or

(iii) interfere with microbiological determinations.

(3) The maximum contaminant levels, sampling and reporting requirements for surface water sources for which the commissioner has established a monthly average entry point turbidity maximum contaminant level of five turbidity units pursuant to paragraph (2) of this subdivision are as follows:

                                              Turbidity units

(i) Monthly average .............................. 5

(ii) Two-consecutive-day average .................. 5

(iii) If the monthly average or the two-consecutive-day average of the daily turbidity analysis exceeds the maximum contaminant level, the supplier of water shall make State notification, public notification and consumer notification.

(iv) One turbidity sample per day shall be collected, analyzed and reported for each entry point.

(v) If any daily entry point turbidity analysis exceeds a value of five turbidity units, a repeat sample shall be taken and analyzed as soon as practicable and preferably within one hour. If the repeat sample confirms that the turbidity is greater than live turbidity units, the supplier of water shall make State notification. The repeat sample shall be used for the purpose of computing the two-consecutive-day and the monthly averages.

(b) Distribution point maximum contaminant levels for turbidity.

(1) Distribution point maximum contaminant levels for turbidity are applicable to all noncommunity water systems. The distribution point turbidity shall not exceed live turbidity units. Sampling, analysis and reporting for turbidity at distribution points shall be made at a frequency specified by the State.

(2) Surface source noncommunity water systems for which the commissioner has established a monthly average entry point maximum contaminant level of live turbidity units pursuant to paragraph (2) of subdivision (a) of this section shall have a minimum distribution point free chlorine residual of not less than 0.2 milligram per liter. If the distribution point turbidity analysis exceeds live turbidity units or if the free chlorine residual is less than 0.2 milligram per liter, the supplier of water shall notify the State by the submission of complete daily operating reports pursuant to section 5-1.72(d) of this Subpart.

(c) Analyses to determine compliance with this section shall be made by the “nephelometric method” in accordance with the recommendations set forth in Standard Methods for the Examination of Water and Wastewater, and/or applicable procedures acceptable to the commissioner.

(d) The “nephelometric method” of turbidity analysis is capable of determining two significant figures for turbidity values less than five turbidity units. On a daily basis turbidity results shall be recorded with two significant figures. All daily results collected in a month or two-consecutive-day turbidity results shall be averaged9 to determine conformance with the maximum contaminant levels.

(e) The sampling requirements of this section shall become effective June 24, 1979.

(f) When the supplier of water fails to conform to the entry point turbidity monitoring and analytical requirements, the supplier of water shall make State and consumer notification.

(g) When the supplier of water fails to conform to the distribution point turbidity monitoring and analytical requirements, the supplier of water shall make State notification.

9Rounded off to the nearest whole number.

Historical Note

Sec. filed April 4, 1977; amd. filed June 24, 1981 eff. June 24, 1981.

5-1.64 Microbiological.

(a) The maximum contaminant levels for coliform bacteria applicable to noncommunity water systems are as follows:

(1) When the membrane filter technique is used, the number of coliform bacteria shall not exceed any of the following:

(i) one per 100 milliliters as the mean of all samples examined per month pursuant to subdivision (b) of this section;

(ii) four per 100 milliliters in more than one sample when less than 20 samples are examined per month; or

(iii) four per 100 milliliters in more than five percent of the samples when 20 or more samples are examined per month.

(2) When the fermentation tube method is used, coliform bacteria shall not be present in any of the following:

(i) more than 10 percent of the portions analyzed in any month pursuant to subdivision (b) of this section;

(ii) three or more portions in more than one sample when less than 20 samples are examined per month; or

(iii) three or more portions in more than five percent of the samples when 20 or more samples are examined per month.

(3) For noncommunity systems that are required to sample at a rate of 5 fewer than four per month, compliance with this subdivision shall be based upon sampling during a three-month period, unless otherwise directed by the State.

(b) Sampling and analytical requirements.

(1) Suppliers of water for noncommunity water systems shall analyze for coliform bacteria for the purpose of determining compliance with subdivision (a) of this section. Analyses shall be conducted in accordance with the analytical recommendations set forth in Standard Methods for the Examination of Water and Wastewater, current edition, except that a standard sample size shall be employed. The standard sample used in the membrane filter procedure shall be 100 milliliters. The standard sample used in the five-tube most probable number procedure (fermentation tube method) shall be five times the standard portion. The standard portion is 10 milliliters. Samples required by this section shall be taken at distribution points.

(2) The supplier of water shall take one distribution point sample in each calendar quarter during which the noncommunity water system provides water to the public. If chlorine is used as the disinfectant, whenever a sample is collected a chlorine residual determination shall be made at the same time and location as the sample. If the State determines that some other frequency is more appropriate, that frequency so determined shall be the frequency required of the water supplier.

(3) When the coliform bacteria in a single sample exceed four per 100 milliliters by the membrane, filter procedure, at least two consecutive daily check samples shall be collected from the same sampling point and examined by the membrane filter technique. Additional check samples shall be collected daily, or at a frequency established by the State, until the results obtained from at least two consecutive check samples show less than one coliform bacterium per 100 milliliters. If chlorine is used as the disinfectant, whenever a check sample is collected a chlorine residual determination shall be made at the same time and location as the check sample.

(4) When coliform bacteria occur in three or more 10-milliliter portions of a single sample, at least two consecutive daily check samples shall be collected from the same sampling point and examined by the fermentation tube method. Additional check samples shall be collected daily, or at a frequency established by the State, until the results obtained from at least two consecutive check samples show no positive tubes. If chlorine is used as the disinfectant, whenever a check sample is collected a chlorine residual determination shall be made at the same time and location as the check sample.

(5) The sampling point for check samples shall not be altered without approval of the State. The results from all coliform bacterial analyses performed pursuant to this section except those obtained from check samples and special purpose samples, shall be used to determine compliance with the applicable maximum contaminant levels for coliform bacteria prescribed by subdivision (a) of this section. Check samples shall not be included in calculating the total number of samples taken each month to determine compliance with paragraph (2) of this subdivision.

(6) When the presence of coliform bacteria in water taken from a sampling point has been connrmed by any check sample, the supplier of water shall report to the State within 48 hours.

(7) When a microbiological maximum contaminant level is exceeded, the supplier of water shall make State and consumer notification.

(8) Special purpose samples, such as those taken to determine whether disinfection practices following pipe placement, replacement, or repair have been sufficient, shall not be used to determine compliance with paragraphs (1) and (2) of subdivision (a) of this section or paragraph (2) of this subdivision.

(c) The sampling requirements of this section shall become effective June 24, 1979.

(d) When the supplier of water fails to conform to the microbiological monitoring and analytical requirements, the supplier of water shall make State and consumer notification.

Historical Note

Sec. filed April 4, 1977; amd. filed June 24, 1981 eff. June 24, 1981. Amended (b) and added (d).

5-1.65 Radioactivity.

There are no maximum contaminant levels for radioactivity applicable to noncommunity water systems.

Historical Note

Sec. filed April 4, 1977 eff. June 24, 1977 except as otherwise specifically provided.

OPERATION AND QUALITY CONTROL

5-1.70 Applicability.

Sections 5-1.70 enough 5-1.76 of this Subpart shall be applicable to public water systems.

Historical Note

Sec. filed April 4, 1977 eff. June 24, 1977 except as otherwise specifically provided.

5-1.71 Protection and supervision of public water systems.

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 system so as to prevent, so far as possible, their pollution and depletion.

Historical Note

Sec. flied April 4, 1977 eff. June 24, 1977 except as otherwise specifically provided.

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 as to meet the requirements of this Subpart.

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

(c) Complete daily records shall be kept of the operation of a public water system on forms furnished or approved by the commissioner. A copy of such records shall be forwarded to the State by the 10th calendar day of the next reporting period, Other operational records shall be available for inspection by the State.

(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 bacteriological analyses made pursuant to this Subpart shall be retained for at least five years and records of chemical analyses made pursuant to this Subpart shall be retained for at least 10 years. Actual laboratory reports may be kept, or data may be transferred to tabular summaries, provided that 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 as to whether it was a routine distribution point sample, check sample, raw or process water sample or other special purpose sample;

(iii) date of analysis;

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

(v) the analytical technique or method used; and

(vi) the results of the analysis.

(2) Records of action taken by the supplier of water to correct violations of the requirements of this Subpart shall be retained for at least three 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 10 years.

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

Historical Note

Sec. filed April 4, 1977; amds. filed: June 5, 1979; June 24, 1981 eff. June 24, 1991.

5-1.73 Water treatment plant laboratory.

Every supplier of water shall provide or have available, laboratory facilities satisfactory to the commissioner. Tests far 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 subdivision (d) of section 5-1.72.

Historical Note

Sec. filed April 4, 1977 eff. June 24, 1977 except as otherwise specifically provided.

5-1.74 Approved laboratories.

For the purpose of determining compliance with this Subpart, results of analyses may be considered only if they have been performed by a laboratory approved in accordance with Subpart 55-2 of Part 55 of the administrative rules and regulations of the department (10 NYCRR Part 55, Subpart 55-2). However, measurements for turbidity and chlorine residual may be performed by any person acceptable to the State.

Historical Note

Sec. Bled April 4, 1977 eff. .Tune 24, 1977 except as otherwise specifically provided.

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 adequate 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.

Historical Note

Sec. filed April 4, 1977; amd. filed June 24. 1981 eff. June 24, 1981.

5-1.76 Monitoring of consecutive public water systems.

When a public water system supplies water to one or more other 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 acceptable to the State.

Historical Note

Sec. filed April 4, 1977 eff. June 24, 1977 except as otherwise specifically provided. 5-1.80-5-1.84

Historical Note

Secs. filed April 4, 1977; repealed, filed June 24, 1981 eff. June 24, 1981.

VARIANCES AND EXEMPTIONS

5-1.90 Variance from a maximum contaminant level.

(a) The supplier of water may request, and the commissioner may grant, one or more variances from a maximum contaminant level contained in section 5-1.51, 5-1.52, 5-1.53, 5-1.54 or 5-1.55 of this Subpart (with respect to community water systems) or in section 5-1.61, 5-1.62, 5-1.63, 5-1.64 or 5-1.65 of this Subpart (with respect to noncommunity water systems) to any public water system based upon a finding that:

(1) because of characteristics of the raw water sources which are reasonably available to it, the public water system cannot meet the requirements respecting such maximum contaminant level despite application of the best technology, treatment techniques or other means which are generally available (taking costs into consideration); and

(2) the granting of a variance will not result in an unreasonable risk to health.

(b) Within one year after the granting of the variance, the commissioner shall prescribe, and the supplier of water shall follow, a schedule for:

(1) compliance, including increments of progress, to meet each maximum contaminant level covered by the variance;

(2) implementation of such control measures as the commissioner may require.

Historical Note

Sec. filed April 4, 1977 eff. June 24, 1977 except as otherwise specifically provided.

5-1.91 Variance from required use of any specified treatment technique.

(a) The supplier of water may request, and the commissioner may grant, one or more variances from the required use of any specified treatment technique contained in this Subpart upon a finding that such treatment technique is not necessary to protect the health of persons served by the public water system because of the nature of the raw water source or sources of such system.

(b) As a condition to the grant of a variance under subdivision (a) of this seetion, the supplier of water shall perform monitoring and other requirements as prescribed by the commissioner.

(c) Notwithstanding subdivisions (a) and (b) of this section, section 5-1.30 of this Subpart shall govern the conditions under, and the manner in which, a waiver of mandatory disinfection treatment for a ground source of water supply may be granted.

Historical Note

Sec. filed April 4, 1977 eff. June 24, 1977 except as otherwise specifically provided.

5-1.92 Exemption from a maximum contaminant level or any treatment technique requirement.

(a) The supplier of water may request, and the commissioner may grant, one or more exemptions from a maximum contaminant level or any treatment technique requirement, or both, contained in this Subpart (including any maximum contaminant level contained in the sections referenced in subdivision [a] of section 5-1.90 of this Subpart) to any public water system based upon a finding that:

(1) due to compelling factors (which may include economic factors), the public water system is unable to comply with such maximum contaminant level or treatment technique requirement;

(2) the public water system was in operation on the effective date of such maximum contaminant level or treatment technique requirement; and

(3) the granting of an exemption will not result in an unreasonable risk to health.

(b) Within one year after the granting of the exemption, the commissioner shall prescribe, and the supplier of water shall follow, a schedule for:

(1) compliance, including increments of progress, to meet the maximum contaminant level or treatment technique requirement covered by the exemption; and

(2) implementation of such control measures as the commissioner may require.

(c) Such schedule prescribed by the commissioner pursuant to subdivision (b) of this section shall require compliance with each maximum contaminant level or treatment technique requirement by no later than January 1, 1981, or seven years after the effective date of any revised maximum contaminant level or treatment technique requirement mandated by revised national primary drinking water regulations contained in part 141 of chapter 40 of the Code of Federal Regulations.

(d) Notwithstanding subdivision (c) of this section, if the public water system has entered into an enforceable agreement to become part of a regional public water system, such schedule prescribed by the commissioner pursuant to subdivision (b) of this section shall require compliance with each maximum contaminant level or treatment technique requirement by no later than January 1, 1983, or nine years after the effective date of any revised maximum contaminant level or treatment technique requirement mandated by revised national primary drinking water regulations contained in part 141 of chapter 40 of the Code of Federal Regulations.

Historical Note

Sec. filed April 4, 1977 eff. June 24, 1977 except as otherwise speciiically provided.

5-1.93 Variance or exemption requests.

All requests for a variance or an exemption shall be in a form prescribed by and submitted in writing to the commissioner. Suppliers of water may submit a joint request for variances or exemptions when they seek similar variances or exemptions under similar circumstances. The commissioner shall act on any request for a variance or an exemption submitted pursuant to section 5-1.90, 5-1.91 or 5-1.92 of this Subpart within 90 days of receipt of the request.

Historical Note

Sec. filed April 4, 1977 eff. June 24, 1977 except as otherwise specifically provided.

5-1.94 Notice and opportunity for public hearing.

(a) Before a variance proposed to be granted by the commissioner under section 5-1.90 or 5-1.91 of this Subpart may take effect, the commissioner shall provide notice and opportunity for public hearing on the proposed variance. A notice given pursuant to the preceding sentence may cover the granting of more than one variance and a hearing held pursuant to such notice shall include each of the variances covered by the notice.

(b) Before a compliance or implementation schedule prescribed by the commissioner pursuant to the granting of a variance under section 5-1.90 or an exemption under section 5-1.92 of this Subpart may take effect, the commissioner shall provide notice and opportunity for public hearing on the proposed compliance or implementation schedule, or both. A notice given pursuant to the preceding sentence may cover the proposal of more than one such schedule and a hearing held pursuant to such notice shall include each of the schedules covered by the notice.

(c) Public notice of an opportunity for hearing pursuant to subdivision (a) or (b) of this section shall be circulated in a manner designated to inform potentially interested persons of the proposed action. Requests for hearing must be submitted to the commissioner within 15 days after issuance of such public notice.

(d) Notice of public hearings to be held pursuant to request submitted by an interested person or on the commissioner’s own motion shall be given not less than 15 days prior to the time scheduled for the hearing, in a form and manner to be prescribed by the commissioner. Notices of public hearing shall be circulated in a manner designated to inform interested persons of the hearing.

(e) If no timely request for hearing is submitted and the commissioner does not determine to hold a public hearing on his own motion, the proposed variance or schedule prescribed pursuant to the granting of a variance or exemption shall become effective 30 days after notice of opportunity for hearing is given pursuant to subdivision (c) of this section. If a public hearing is held, the commissioner shall take appropriate action with respect to such proposed variance or schedule within 30 days after termination of the public hearing.

Historical Note

Sec. filed April 4, 1977 eff. June 24, 1977 except as otherwise specifically provided.

5-1.95 Variance and exemption notification requirements.

When a supplier of water is either granted a variance or exemption pursuant to this Subpart or fails to comply with the requirements of a variance or exemption compliance schedule, the supplier of water shall make consumer notification.

Historical Note

Sec. filed April 4, 1977; repealed, new filed June 24, 1981 eff. June 24, 1981.

5-1.96 Enforceability of final schedule prescribed pursuant to granting of variance or exemption.

Once a schedule prescribed pursuant to the granting of a variance under section 5-1.90 or an exemption under section 5-1.92 of this Subpart has become final pursuant to subdivision (e) of section 5-1.94 of this Subpart, the conditions or requirements of any such schedule shall be enforceable, upon the application of the commissioner, by any court of competent jurisdiction in the same manner as an order of the commissioner under section 1107 of the Public Health Law.

Historical Note

Sec. filed April 4, 1977 eff. June 24, 1977 except as otherwise specifically provided.

SEPARABILITY

5-1.100 Separability.

If any provisions of this Part are held invalid, such invalidity shall not affect other provisions which can be given effect without the invalid provisions.

Historical Note

Sec. filed April 4, 1977 eff. June 24, 1977 except as otherwise specifically provided.

SUBPART 5-2
WATER WELL CONSTRUCTION

Sec.
5-2.1 Statement
5-2-2 Scope
5-2.3 Definitions
5-2.4 Need for permit
5-2.5 Applications
5-2.6 Permit
5-2.7 Notice of disapproval and appeal
5-2.8 Application to construct a water well
5-2.9 Completed works
5-2.10 Certificate or letter of compliance
5-2.11 Notification of abandonment of a water well
5-2.12 Variance
5-2.13 General provisions
5-2.14 Applicability

Historical Note

Subpart (§§ 5-2.1-5-2.14) filed Aug. 3, 1972 eff. Aug, 3, 1972.

Section 5-2.1 Statement.

The improper construction, operation, maintenance or abandonment of Water Wells and the improper installation of Water well pumps and pumping equipment represent a potential hazard to public health and safety. More than two million people in New York State depend upon private or individual water well supplies as their only sources of drinking water because public water supply systems are not available to serve them. To assure such consumers that the ground waters available to them will be reasonably safe and sanitary for drinking, culinary or food processing purposes, the :following regulations for water well construction have been promulgated.

Historical Note

Sec. filed Aug. 3, 1972 eff. Aug. 3, 1972.

5-2.2 Scope.

Minimum requirements are hereby prescribed governing the location, construction and abandonment of water wells used for drinking, culinary and food processing purposes other than municipal or public sources, together with procedures relating thereto, in implementation of this Subpart. No person shall construct or abandon or cause to be constructed or abandoned, any Water well, nor shall any person install or cause to be installed, any pump or pumping equipment contrary to this Subpart. Distribution of water beyond the point of discharge from the storage or pressure tank, or beyond the point of discharge from the pump if no tank is employed and to wells used or intended to be used as a source of water supply for public water supply systems, or to any pump, well, or other equipment used temporarily for de-watering purposes shall comply with all other applicable State and local regulations.

Historical Note

Sec. filed Aug. 3, 1972 eff. Aug. 3, 1972.

5-2.3 Definitions.

As used in this Subpart:

(a) Abandoned well means a well whose use has been permanently discontinued. A well shall be deemed abandoned if it is in such a state of disrepair that continued use for the purpose of obtaining a satisfactory ground water supply is impracticable.

(b) Applicant means the owner, lessee or other person having the possession and control of property on which a well is to be constructed or abandoned.

(c) Construction of water wells means all acts necessary to obtain ground water by wells, including the location and excavation of the well.

(d) Permit issuing official means the health commissioner or health officer of a city of 50,000 population or over, the health commissioner or health officer of a county or part-county health district, the State regional health director or area director having jurisdiction, a grade I or grade II public health administrator qualified and appointed pursuant to Part 11 of this Chapter, or any county health director having all the powers and duties prescribed in section 352 of the Public Health Law. The health commissioner or health officer of a city of 50,000 population or over, or the health commissioner or health officer of a county or part-county health district, or such grade I or grade II public health administrator or county health director may designate the director of environmental health of such district; and, the State regional health director or area director may designate the district sanitary engineer as additional persons authorized to issue the permits required by this Part.

(e) Installation of pumps and pumping equipment means the procedure employed in the placement, protection and preparation for operation of pumps and pumping equipment, including all construction involved in making entrance to the well and establishing seals.

(f) Person means any individual. Public or private corporation. Political sub- division, government agency, municipality, industry, copartnershlp, association, firm, trust, estate or any other legal entity.

(g) Pumps and pumping equipment means any equipment or materials utilized or intended for use in withdrawing or obtaining ground water for any use; including, without limitation, seals and tanks, together with fittings and controls.

(h) Yield means the quantity of water per unit of time, per foot of drawdown which may liow or be pumped from a well at a stabilized drawdown water level.

(i) Specific capacity means the rate of yield of a well per unit drawdown expressed either as gallons per minute per foot or as liters per minute per meter.

(j) Water well contractor means any person, firm, or corporation engaged in the business of constructing water wells.

(k) Well means any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed when the intended use of such excavation is for the location or acquisition of ground water, but such term does not include an excavation made for the purpose of obtaining or for prospecting for oil, natural gas, minerals, or products of mining or quarrying, or for inserting media to repressure oil or natural gas-bearing formation or for storing petroleum, natural gas or other products.

Historical Note

Sec. filed Aug. 3, 1972; amds. filed: May 8, 1973; Dec. 31, 1975; June 29, 1978 eff. June 29, 1978. Amended (d).

5-2.4 Need for permit.

No person shall construct or abandon any water well unless a permit has first been secured from the permit issuing official.

Historical Note

Sec. filed Aug. 3, 1972 eff. Aug. 3, 1972.

5-2.5 Applications.

Applications for a permit to construct or abandon a water Well shall be directed to the permit issuing official by the applicant or his agent and shall be on a form prescribed by the State Department of Health.

Historical Note

Sec. filed Aug. 3, 1972 eff. Aug. 8, 1972.

5-2.6 Permit.

The permit issuing otlicial shall issue a permit whenever he finds that an application is in proper form and contains required information, provided that on the basis of the information therein contained, the proposed location, construction, abandonment or installation will not be contrary to applicable law, rules or regulations. Such permit, may, at the discretion of the permit issuing ollicial, direct the applicant to file a “compliance notice” as hereinafter provided.

Historical Note

Sec. filed Aug. 3, 1972 eff. Aug. 3, 1972.

5-2.7 Notice of disapproval and appeal.

The permit issuing official shall issue a "notice of disapproval" whenever he finds that an application fails to meet the requirements for issuance of a permit as hereinabove provided. Such notice shall:

(a) state the grounds for disapproval; and

(b) be served upon the applicant or his agent, provided, however, that such notice shall be deemed to be properly served upon such applicant or agent, if a copy thereof is sent by registered or certilied mail to his last known address, or if he is served by such other methods as are, or may be authorized, under the laws of this State governing personal service of process upon individuals. Such notice may state any remedial action which, if taken, will effect compliance with this Subpart and permit approval of the application.

Historical Note

Sec. filed Aug. 3, 1972 eff. Aug. 3, 1972.

5-2.8 Application to construct a water well.

An application for permission to construct a water well shall be submitted by the applicant or his agent and contain the following information:

(a) name and address of the applicant; Counties wishing to do so may include within the coverage of this definition dewatering, seismological, geophysical, prospecting, observation or test wells. Counties may require additional information, such as geologic description when necessary to make a determination.

(b) legal or other description adequate to locate the property and the well;

(c) name and address of the water well contractor;

(d) estimated depth in feet and method of construction;

(e) purpose for which well is to be used and desired yield;

(f) proposed diameter of the Well and drillhole in inches;

(g) type and depth of the proposed well casing;

(h) approximate distance and relative elevation to well of any potential sources of ground water pollution which may be located within 200 feet of such well including, without limitation, the following: privy, sewage seepage pit, sewage filter bed, sewage disposal field, underground sewers, septic tank, storm water drain, building foundation drain, milk house drain outlet, manure pile, barn gutter, silo, abandoned well, other well, sink hole, cow yard, hog lot, chicken yard, other animal yard, stone quarry, mine, rock outcrop, rain water cistern, solid waste disposal site, calcium or salt piles;

(i) distance to well from existing and proposed structures, as well as property lines located Within 100 feet;

(j) statement of whether site is subject to flooding; and

(k) statement regarding the availability of a public water supply.

Historical Note

Sec. filed Aug. 3, 1972 eff. Aug. 3, 1972.

5-2.9 Completed Works.

Within 30 days of the completion of Water well construction, the applicant or his agent shall:

(a) pump the well until the water is clear;

(b) disinfect the well in accordance with the requirements of the permit issuing official; and

(c) submit a well log to the permit issuing official. Such well log shall specify the Well location, depth and diameter, formations penetrated, casing length, extent and nature of grouting, well output tests and associated water levels, and any other information required by the permit issuing official. In addition, analytical data of the water quality associated with such well shall be submitted when available.

Historical Note

Sec. filed. Aug. 3, 1972 eff. Aug. 3, 1972.

5-2.10 Certificate or letter of compliance.

Upon satisfactory completion of the requirements of the permit issuing oflicial as contained in sections 5-2.9 and 5-2.13 of this Subpart, a certificate of compliance will be issued to the applicant.

Historical Note

Sec. filed Aug. 3, 1972 eff. Aug. 8, 1972.

5-2.11 Notification of abandonment of a water well.

Every abandoned well shall be sealed or closed so as to protect the aquifer from pollution and to prevent a hazard to life or property. If such well is to be sealed or closed the owner of the property shall make application of notification to abandon such water well and provide the following information:

(a) name and address of the applicant;

(b) legal or other description adequate to locate the property and the well;

(c) name and address of the water well contractor employed to perform the work herein required for abandonment;

(d) type and description of well;

(e) reason for abandonment; and

(f) description of work to be performed to effect abandonment.

Historical Note

Sec. filed Aug. 3, 1972 eff, Aug. 3, 1972.

5-2.12 Variance.

(a) Where the permit issuing official finds that compliance with all requirements of this Subpart would result in undue hardship, a variance from any one or more such requirements may be granted by the State Department of Health to the extent necessary to ameliorate such undue hardship and to the extent such variance can be granted without impairing the intent and purpose of this Subpart.

(b) An application for a variance shall be submitted to the permit issuing otlicial by the applicant including any requested additional information concerning the application.

Historical Note

Sec. filed Aug. 3, 1972 eff. Aug; 3, 1972.

5-2.13 General provisions.

Provisions and standards applicable to the construction and location of all water wells, and the installation of all pumps and pumping equipment contained in Appendix 72-D of Title 10 (Health) of the Ofliclal Compilation of Qodes, Rules and Regulations of the State of New York shall be used as the basis for issuing or denying a permit.

Historical Note

Sec. filed Aug, 3, 1972 eff. Aug.; 3, 1972.

5-2.14 Applicablity.

The requirements of this Subpart shall:

(a) Apply within a county health district, a part-county health district, and a city having a city health department, when adopted by the appropriate local authority.

(b) Apply in those State district health areas designated by the State Commissioner ot Health.

Historical Note

Sec. filed. Aug. 3, 1972 eff. Aug. 3, 1972.

SUBPART 5-3
PROTECTION OF UNDERGROUND AND SURFACE SOURCES OF DRINKING WATER

Sec.
5-3.1 General provision

Historical Note

Subpart 5-3 (§ 5-3.1) filed April 4, 1977 eff. June 24, 1977 except as otherwise specifically provided.

5-3.1 General provision.

Sanitary surveys of and water sampling related to watersheds and ground water aquifers of existing and potential sources of water supply shall be used to identify and evaluate the significance of existing and potential sources of pollution. Additionally, sanitary surveys shall be used to evaluate the adequacy of the source or sources, facilities, equipment, operation and maintenance for producing and distributing safe drinking water. Watershed rules regulations enacted pursuant to the provisions of title I of article 11 of the Public Health Law shall be enforced. All sources of water supply shall comply with the requirements of Subpart 5-1 of this Part.

Historical Note

Sec. filed April 4, 1977 eff. June 24, 1977 except as otherwise specificially provided.

SUBPART 5-4
CLASSIFICATION OF COMMUNITY WATER SYSTEM OPERATORS

(Statutory authority: Public Health Law, §§ 11.60-11.75)

Sec.
5-4.1 Definitions
5-4.2 Certification required
5-4.3 Qualifications required
5-4.4 Educational substitutions
 for grades IA
 and IB
5-4.5 Authority to require examinations

5-4.6 Suspension and revocation of
 certificate
5-4.7 Renewal requirements
5-4.8 Status of previously approved
 operators
5-4.9 Effective date

Historical Note

Subpart (§§ 5-4.1—5-4.9) filed June 5, 1979 eff. June 24, 1979.

Section 5-4.1 Definitions.

As used in this Subpart, the following words and terms shall have the indicated meanings:

(a) Community water system means a public water system which serves at least five service connections used by year-round residents or regularly serves at least 25 yearround residents.

(b) Continuing education unit (CEU) means 10 hours of personal participation in an organized continuing education experience under responsible sponsorship, capable dlrection and qualified instruction.

(c) Department means the New York State Department of Health.

(d) Distribution system means the piping system used in a public water system to deliver potable water to the consumer’s service connection.

(e) Distribution system operator means the certified person in responsible charge of the operation and maintenance of the distribution system at a community water system.

(f) Filtration means a treatment process which includes slow sand filtration, gravity rapid sand, anthracite coal filtration, pressure filtration, dlatomaceous earth filtration, or other processes determined acceptable by the State Department of Health.

(g) Operating experience means the time spent at a water treatment plant in the satisfactory performance of operational duties or at a distribution system in the satisfactory performance of operational and maintenance duties.

(h) Public water system means either a community or noncommunity system which provides piped water to the public for human consumption, if such system has at least five service connections or regularly serves an average of at least 25 individuals at least 60 days out of the year. Such term includes:

(1) collection, treatment, storage and distribution facilities under control of the supplier of water of such system and used in connection with such system; and

(2) collection or pretreatment storage facilities not under such control which are used in connection with such system.

(i) Responsible charge means accountability for and performance of active regular onsite operational functions.

(j) Service connection means the pertinent pipes, valves and fittings that connect a distribution system to a consumer’s facility.

(k) State means the State Commissioner of Health, or his designated representative. A

(l) Water treatment operator means the certified person in responsible charge of the operation of the water treatment plant at a community water system.

(m) Water treatment assistant operator means a person who, under the direction of a certified water treatment operator, ls involved in the actual operation of a water treatment plant or a major segment of a water treatment plant at a community water system.

(n) Water treatment plant means the portion of the community water system which, in some way, alters the physical, chemical, radiological or bacterlologlcal quality of water to render lt potable.

Historical Note

Sec. filed June 5, 1979 eff. June 24, 1979.

5-4.2 Certification required.

(a) All water treatment plants must be under the responsible charge of a water treatment operator and water treatment assistant operator, and all distribution systems serving 1,000 people1 or more must be under the responsible charge of a distribution system operator, certified at the level(s) set forth below:

Plant typeRequired minimum grade
OperatorAssistant operator
Water treatment plant with facilities for filtration which treats over 2.5 MGD

(million gallons per day)

IAIIA
Water treatment plant with facilities for filtration which treats 2.5 MGD or lessIIAIIA
Water treatment plant without facilities for filtration which treats over 2.5 MGDIBIIB
Water treatment plant without facllltles for filtration which treats 2.5 MGD or less and serves more than 1,000 people1IIBC
Water treatment plant without facilities for filtration that serves 1,000 people1 or lessCNone required
Distribution system serving 1,000 people1 or moreDNone required

1Population wlll be based on an average of four residents per dwelling unit unless otherwise demonstrated by the supplier of water.

(b) The requirements for a grade IIA or IIB water treatment assistant operator may be waived by the State.

Historical Note

Sec. filed June 5, 1979; amd. filed June 24, 1981 eff. June 24, 1981. Amended (a).

5-4.3 Qualifications required.

(a) Preliminary qualifications.

(1) An applicant for certification as a water treatment operator, water treatment assistant operator or distribution system operator must successfully complete training courses or demonstrate equivalent training acceptable to the department.

(2) An applicant for certification as a water treatment operator or water treatment assistant operator must be able to demonstrate the ability to make all appropriate tests associated with the operation of a facility.

(b) The following chart provides the requisite experience and education for each grade of water treatment operators, water treatment assistant operators and distribution system operators:

Grade Experience Education
Water treatment operator and water treatment assistant operator
IATen years of acceptable operating experience, with one year at a water treatment plant with facilities for filtration.High school diploma or New York State Equlvalency Diploma, and successful completion of appropriate level water treatment operator courses*
IIAOne year of acceptable operating experience at a water treatment plant with facilities for filtration.High school diploma or New York State Equivalency Diploma, and successful completion of appropriate level water treatment operator courses.
IBTen years of acceptable operating experience at a water treatment plant.High school diploma or New York State Equlvalency Diploma, and successful completion of appropriate level water treatment operator courses.
IIBOne year of acceptable operating experience at a water treatment plant.High school diploma or New York State Equlvalency Diploma, and successful completion of appropriate level water treatment operator courses.
CSix months of acceptable operating experience at a water treatment plant.Successful completion of appropriate level water treatment operator courses.
Distribution system operator
DOne year of acceptable operating and maintenance experience in a distribution system serving 1,000 people or moreSuccessful completion of distribution system operator courses.

* See section 5-4.4, infra.

Historical Note

Sec. filed June 5, 1979; amd. filed June 24, 1981 eff. June 24, 1981. Amended (b).

5-4.4 Educational substitutions for grades IA and IB.

(a) A New York State professional engineer’s license, or a bache1or’s degree in engineering, natural science or a related field from a regionally accredited or New York State-registered college or university, may be substituted for eight years of experience.

(b) An associate degree in applied science, with major emphasis in public health or environmental health, including a course in water operations, from a regionally accredited or New York State-registered college or university, may be substituted for six years of experience.

(c) An associate degree in applied science, from a regionally accredited or New York State-registered college or university, may be substituted for four years of experience.

Historical Note

Sec. filed June 5, 1979 eff. June 24, 1919.

5-4.5 Authority to require examinations.

The department may require any person applying for certification or renewal of certification as a water treatment operator or distribution system operator to take written, oral or practical examinations if it deems such examinations to be reasonably necessary in determining the applicant’s qualifications. The results of such examinations may be the basis for approval or disapproval of such application.

Historical Note

Sec. filed June 5,1979 eff. June 24, 1979.

5-4.6 Suspension and revocation of certificate.

A certificate may be suspended or revoked after due notice and opportunity for a hearing by the State. Revocation or suspension must be based on fraud or misrepresentation by the certified operator gross incompetence or gross negligence on a particular occasion or negligence or incompetence on more than one occasion; or mental or physical incapacity of the operator to g perform his or her operating duties.

Historical Note

Sec. flled June 5, 1979 eff. June 24, 1979.

5-4.7 Renewal requirements.

(a) Initially, certificates will be issued for a period of up to four years, dependent upon the staggered period to which the applicant will be assigned, based upon the time of submission of the application. Thereafter, certificates will be issued for a four-year period. A request for renewal of a certificate must be submitted to the department, on forms prescribed by the department, at least three months prior to the certificate expiration date.

(b) To qualify for renewal, a type A, B or C water treatment operator or water treatment assistant operator shall demonstrate successful completion of training acceptable to the department within the previous four years.

(c) To qualify for renewal, a type D distribution system operator must provide the department with verification of his or her current work history and mailing address.

(d) An individual who allows his or her certification renewal to lapse may be required to repeat the appropriate type and amount of experience as contained in subdivision (b) of section 5-4.3 of this Subpart.

Historical Note

Sec. filed June 5,1979 eff. June 21, 1979.

5-4.8 Status of previously approved operators.

(a) Individuals who have had their qualifications approved prior to the effective date of this Subpart shall be considered qualified to operate the type of water treatment plant for which their qualifications were previously approved.

(b) There will be an interim period of one year from the effective date of this Subpart, during which all current certificates will be replaced by renewable certificates.

(c) Individuals working as distribution system operators on the effective date of this Subpart may be certified upon verification of their experience, notwithstanding the provisions contained in subdivision (b) of section 5-4.3 of this Subpart.

Historical Note

Sec. filed June 5, 1979 eff. June 24,1979.

5-4.9 Effective date.

This Subpart shall become effective June 24, 1979.

Historical Note

Sec. filed June 5,1979 eff. June 24, 1979.