Chapter V

Drinking Water Supplies

(Former Chapter V, titled “Water Supplies,” repealed June 2, 1953; new Chapter V enacted on June 2, 1953; to be effective July 1, 1953)

Regulation 1. Definitions.

The term, “public water supply,” as used in this chapter shall mean any drinking water supply system serving the general public, irrespective of its ownership or operation. This term shall not apply to a water supply serving exclusively a camp, hotel, school, institution, factory or other private property or a group of fewer than five dwellings.

The term, “source of public water supply,” shall mean any well, sprint, infiltration gallery, stream, reservoir, pond or lake from which by any means water is taken either periodically or continuously for the domestic needs of the public.

The term, “auxiliary source of public water supply,” shall mean a source of water which is not normally used but which has been approved by the Water Power and Control Commission as a source of water and developed for use when for any reason the normal soruce or sources fail to meet the normal demand.

The term, “emergency source of public water supply,” shall mean a source of water which has not been developed or approved as a regular source of water and which is developed during an emergency for temporary use as a source of water in case of failure or inadequacy of the regular or auxiliary soruce of public water supply.

The term, “water treatment plant,” shall mean any plant or equipment, which through the addition of chemicals or through areation, ionic exchange, sedimentation, or filtration, or through any combinations of treatment, shall change the physical, chemical or bacterial quality of the water.

Regulation 2. Approval of plans.

No owner of a public water supply shall make or construct or allow to be made or constructed: (a) a new water treatment plant fot the treatment of an existing public water supply, or (b) any additon to or modification of an existing water treatment plant, or (c) any addition to or modification of a public water supply system which will or may affect the quality of the public water supply, unitl the plans and specifications for such addition, modification or change shall first have been submitted to and receive the approval of the state commissioner of health. The state commissioner of health may grant approval of such plans or may require such modification as, in his opinion, the public health or safety may require. Application for such approval shall be made on a form prescribed by and in accordance with the requirements of the state commissioner of health. This regulation shall not apply to a new or additional source or sources of public water supply of a permanent character whcih are subject to the approval of the Water Power and Control Commission under the provisions of Article XI of the Conservation Law.

Regulation 3. Approval of fluoridation of drinking water supplies.

Fluorine compounds shall not be added to a public or any other drinking water supply until a written application has been submitted to and written approval is granted by the state commissioner of health.

Regulation 4. Protection and supervision of public water supplies.

The owner and those operating a public water supply shall exercise due care and diligence in the maintenance and supervision of all sources of public water supply so as to prevent their pollution in so far as possible.

Regulation 5. Sampling new sources of public water supply.

No new permanent source of public water supply shall be placed in service until a sample of water from the said source has been examined and reported upon by the state department of health. A supply may be placed in service under either of the following conditions:

(a) If the sample of water is reported to be of a quality satisfactory to the state commissioner of health; or,

(b) If the quality of the water is not satisfactory, a treatment process has been instituted and a sample of treated water is submitted to the state department of health and written approval of the effectiveness of treatment has been issued by the state commissioner of health.

Regulation 6. Providing treatment of public water supplies.

The owner of a public water supply shall install an appropriate water treatment plant for the treatment of the supply when both the impracticability of protecting the source or sources of such water supply so as to prevent potential or actual pollution and the necessity for the specified degree of treatment have been certified by the state commissioner of health or by the district state health officer, county commissioner or health or city commissioner of health having juristiction.

Regulation 7. Operation of water treatment plants.

(a) The owner or those in charge of the operation of a public water supply shall operate and maintain all water treatment plants, if any, in such a manner as to produce an effluent having a quality satisfactory to the state commissioner of health.

(b) Complete daily records shall be kept of the operation of water treatment plants on forms furnished or approved by the state commissioner of health and a copy of such records shall be forwarded to him or his designated representative at monthly intervals.

(c) Every owner or operator of a water treatment plant shall provide laboratory facilities satisfactory to the state commissioner of health. Tests essential for the control of the operation of such treatment plant shall be made daily or more frequently if required. The results of such tests shall be recorded on forms furnshed or approved by the state commissioner of health and forwarded to him or his designated representative at monthly intervals.

Regulation 8. Examination of samples of water.

(a) Samples of water shall be collected from a tap or taps on the distribution system of each public water supply by the local health officer having jurisdiction or by those in charge of the public water supply or their designated representatives at specified intervals in accordance with the requirements of the state commissioner of health.

(b) Additional samples of water shall be collected from the distribution system of each public water supply by the local health officer or his designated representative as may seem necessary to them to insure adequate control of the sanitary quality of the supply.

(c) All such samples of water, except those collected for examination by the state department of health, or those collected for examination at a water treatment plant for the control of the operation of such plant, shall be submitted for examination to a laboratory approved for the purpose by the state commissioner of health in containers of a type approved by the state department of health, and shall be accompanied by all pertinent data relative to the supply on forms furnished or approved by the state department of health.

Regulation 9. Reporting emergency changes in public water supplies.

No owner or operator of any public water supply shall take, use, or cause to be taken for use for public water supply purposes water from an emergency source other than the reqular or auxiliary sources or sources of public water supply; nor shall discontinue the chlorination or treatment of any public water supply; nor shall make any change whatsoever which may affect the quality of such water supply without first having notified by telephone or telegram and received the approval of the district state health officer, the county commissioner of health or the city commissioner of health having jurisdiction. Upon the recipt of such notification, the district state health officer, the county commissioner of health or the city commissioner of health having jurisdiction shall in turn advise the local water supply officials and any interested local health officer or health officers of the action to be taken or as to the approval of the action proposed to be taken by the local water supply officials to protect the health of the consumers served by the water supply during the emergency.

A pinted copy of this regulation shall be kept constantly posted in the office used by the authorities owning or having charge of any such water supply.

Regulation 10. Disinfection of spring basins, collecting basins, wells,infiltration galleries, water mains and reservoirs.

No spring basin, collecting basin, well or infiltration gallery used as a source of public water supply, nor any main, standpipe, reservoir, tank or other pipe or structure through which water is delivered to consumers for potable purposes shall be placed in use after it has been constructed, cleaned or repaired until such structure or main has been disinfected in a manner approved by teh state commissioner of health, provided that this shall not apply to mains, tanks, reservoirs, or structures, the waters from which are subsequently treated or purified in a manner satisfactory to the state commissioner of health.

Regulation 11. De-watering trenches.

No repairs to distribution systems of public water supplies shall be made until those portions of the trenches containing the mains, valves or other structures being repaired have been de-[ ]watered to a point below the mains, valves or other structures, and every effort made to prevent the entrance of foreign material and seepage into such mains, valves or other structures.

Regulation 12. Cross-connections between water supplies prohibited except under certain conditions.

No owner or operator of a public water supply shall permit any physical connection between the distribution system or other structure of such supply containing water of a quality satisfactory to the state commissioner of health and any other distribution system, tank, reservoir, vat, sump or other structure which is supplied by a separate water supply also serving the consumers premises, except under the following conditions:

(a) When the separate water supply is regularly examined as to its quality by those in charge of the public water supply to which the connection is to be made and is found to be of a quality satisfactory to the state commissioner of health and approval has been given by those in charge of the public water supply to the owner of the separate supply authorizing the maintenance of the cross-connection. A copy of such approval and one set of the plans for such cross-connection shall be filed with the state commissioner of health.

(b) When the water from the public water supply is discharged into an elevated tank, suction tank, sump or pit above the elevation of the maximum water level of such tank, sump or pit to which water of unsatisfactory quality is also discharged. Such tank, sump or pit shall be open to atmospheric pressure. Such elevated tank, suction tank, sump or pit shall be inspected at least annually by those in charge of the public water supply and suitable records of such inspection shall be maintained by those in charge of the public water supply.

(c) When special adjustable pipe connections or other protective devices are provided and so arrange that water cannot be secured simultaneously from both the public water supply and a separate supply of unsatisfactory quality nor flow form the separate supply to the public water supply, provided an application and plans for the special connections are submitted to and receive the approval of those in charge of the public water supply and of the state commissioner of health. All such adjustable pipe connections or other protective devices shall be inspected at least annually by those in charge of the public water supply and a suitable record of such inspection shall be maintained.

(d) When sprinkler systems or piping systems serving fire hydrants used exclusively for fire protection purposes are connected to a public water supply system and also to the pressure system of a fire pump taking suction from a separate supply which is unsatisfactory without treatment, but which has been approved for the purpose by the state commissioner of health, provided that the separate water supply system is equipped with a special fire pump chlorinator, and double all-bronze check valves of a design approved by the state commissioner of health, an application and plans for which shall be submitted to an receive the approval of thosein charge of the public water supply and the state commissioner of health. Such check valves shall be examined and tested for leakage at specified intervals as noted in the certificate of approval. Records of such tests and of the daily operation of the fire pump chlorinator shall be maintained and submitted at monthly intervals to those in charge of the public water suppply and to the state commissioner of health. Those in charge of the public water supply or their designated representatives shall inspect the fire pump chlorinator at least monthly and records of such inspections shall be maintained.

Regulation 13. Certain interconnections prohibited.

(a) Interconnections between a public water supply system or any other drinking water supply system and any drain, sewer, sewer flush tank, siphon manhole, pipe, open tank, pressure tank, sump or vat, or other structure which contains liquids, chemicals, unsafe or otherwise unsatisfactory water, sewage or any other contaminating substances are prohibited, except when such interconnection is so installed and protected in a manner satisfactory to the state commissioner of health so as to prevent the pumpage, drainage, backflow or siphonage of such liquids, chemicals,unsafe or otherwise unsatisfactoy water, sewage or any other contaminating substance into the public water supply system, or any other drinking water supply system.

(b) All blow-off drains or discharge pipes connected to distribution systems of public water supplies shall be treminated at points where these structures will not be subject to flooding or otherwise subject to contamination by sewage or surface water.

Regulation 14. Pumping equipment.

Equipment used fo the pumping of a public water supply which is not subject to subsequent treatment, shall be so installed and operated as to prevent flooding by surface water and exposure of th suction pipe to polluted water. Whenever priming is necessary, such pump shall be primed with water of a quality satisfactory to the state commissioner of health.

Regulation 15. Protection of equalization and distribution reservoirs.

Equalizing and distribution reservoirs utilized for storage of water of a public water supply which will be delivered to the public without subsequent treatment, shall be covered or otherwise protected so as to exclude human and animal trespassers and prevent the pollution of the water by surface drainage or otherwise.

Regulation 16. Drinking water in factories, industrial plants, schools, institutions and other similar establishments.

Whenever a public water supply of satisfactory quality is available, no other supply shall be furnished for drinking purposes in any factory, industrial plant, school, institution, or similar establishments, unless such other supply is approved by the local health officer. If no such public water supply is available, the water for drinking purposes shall be of a quality satisfactory to the local health officer. If the water supply for industrial or fire protection purposes is obtained entirely or in part from a source not approved for drinking purposes, this supply shall be distributed through an independent piping system having no connection with the system for drinking purposes. All faucets or other outlets furnishing water not safe for drinking shall be so marked conspicuously.