CHAPTER I STATE SANITARY CODE - TITLE 10 HEALTH

PART 5
DRINKING WATER SUPPLIES

(Statutory authority: Public Health Law, § 225)

• Subpart 5-1 Public Water Supplies
• Subpart 5-2 Water Well Construction
• Subpart 5-3 Protection of Underground and Surface Sources of Drinking Water
• Subpart 5-4 Classification of Community Water System Operators

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Part repealed, new filed Feb. 28, 1967; Part repealed, new Subparts 5-1 and 5-2 filed Aug. 3, 1972 eff.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 filed Oct, 10, 1962; repealed, new filed Feb. 28, 1967; repealed, filed Aug. 3, 1972 eff.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 repealed, new filed Feb. 28, 1967; repealed, filed Aug. 3, 1972 eff.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 repealed, filed Feb, 28, 1967 eff.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 repealed, new filed Feb. 28, 1967; repealed, filed Aug. 3, 1972 eff.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 repealed, new filed Feb. 28, 1967; amds. filed: Sept. 24, 1970; June 1, 1972; repealed, filed Aug.3, 1972 eff.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 repealed, new filed Feb. 28, 1967; repealed, filed Aug. 3, 1972 eff.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 repealed, new filed Feb. 28, 1967; repealed,filed Aug. 3, 1972 eff.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 filed Feb. 28, 1967; repealed, filed Aug. 3, 1972 eff.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 repealed, new filed Feb. 28, 1967; repealed, filed Aug. 3, 1972 eff.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 repealed, filed Feb. 28, 1967 eff.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

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Subpart (§§ 5-1.1-5-1.40) flied Aug. 3, 1972; repealed, new (§§ 5-1.1-5-1.100) filed April 4, 1977 eff.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:

(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:

(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:

(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:

(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:

(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. ***

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.

(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

(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.

                                               Turbidity units
(i) Monthly average ................................ 1
(ii) Two-consecutive-day average ................... 5

                                               Turbidity units
(i) Monthly average ................................ 5
(ii) Two-consecutive-day average ................... 5

(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:

(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:

(b) Sampling and analytical requirements.

                                             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:

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

(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:

(b) Sampling and analytical requirements.

(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

(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)

* 1,2,3,4,10,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.

                                                Turbidity units
(i)  Monthly average ................................ 1
(ii) Two-consecutive-day average .................... 5

                                              Turbidity units
(i)  Monthly average .............................. 5
(ii) Two-consecutive-day average .................. 5

(b) Distribution point maximum contaminant levels for turbidity.

(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:

(b) Sampling and analytical requirements.

(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:

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

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:

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

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:

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

(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

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:

(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:

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.

(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:

^* 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.