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Part 5, Subpart 5-1 Public Water Systems

Current as of: October 1, 2007

SUBPART 5-1

PUBLIC WATER SYSTEMS

(Statutory authority: Public Health Law, Section 225)

A copy of the Part 5, Subpart 5-1 Public Water Systems booklet is available in a Adobe Portable Document Format (PDF, 683KB, 170pg., October 2007).

Section
GENERAL PROVISIONS
5-1.1	Definitions
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 flouridation 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
5-1.33	Water supply emergency plans
CONTROL OF COPPER AND LEAD IN DRINKING WATER
5-1.40	Applicability
5-1.41	Lead and copper action levels
5-1.42	Monitoring requirements for lead and copper in drinking water
5-1.43	Monitoring requirements for water quality parameters
5-1.44	Public education and supplemental monitoring requirements
5-1.45	Corrosion control studies
5-1.46	Corrosion control treatment
5-1.47	Source water monitoring and treatment
5-1.48	Lead service line replacement
5-1.49	Reporting and record keeping requirements
PUBLIC WATER SYSTEMS; MAXIMUM CONTAMINANT LEVELS; MONITORING REQUIREMENTS; NOTIFICATIONS REQUIRED
5-1.50	Applicability and responsibility
5-1.51	Maximum contaminant levels; maximum residual disinfectant levels and treatment technique requirements
5-1.52	Tables
5-1.60	Applicability
5-1.61	Monitoring requirements for disinfection byproduct precursors
5-1.62	Alternative compliance criteria for enhanced coagulation
5-1.63	Enhanced coagulation performance requirements
	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
5-1.77	State notification
5-1.78	Public notification
5-1.79	Multiple distribution 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	Reserved
5-1.96	Enforceability of final schedule prescribed pursuant to granting of variance or exemption
	SEPARABILITY
5-1.100	Separability
This document presents an unofficial version of Subpart 5-1 of the State Sanitary Code under NYCRR Title 10. The New York State Department of State publishes the official compilation of State of New York Codes, Rules and Regulations, including 10 NYCRR Part 5, Subpart 5-1 Public Water Systems.

APPENDICES
5-A	Recommended Standards for Water Works, 2003 Edition
5-B	Standard for Water Wells
5-C	Acceptable Methods for the Analysis of Contaminants in Water
5-D	Special Requirements for Wells Serving Public Water Systems

General Provisions

5-1.1 Definitions. (Effective Date: May 26, 2004)

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

Action level means the concentration of copper or lead that when exceeded triggers actions to be taken by a water system.
Copper action level = 1.3 milligrams per liter

Lead action level = 0.015 milligrams per liter
Auxiliary source means a source of water supply which is not normally used but which has been approved for use by the department or other State agencies having jurisdiction, and has been developed for use when the normal source or sources fail to meet the water supply requirements.
Coagulation means a process using coagulants and mixing by which colloidal and suspended material are destabilized and agglomerated into flocs.
Commissioner means the Commissioner of Health of the State of New York.
Community water system (CWS) 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.
Comprehensive Performance Evaluation (CPE) is a thorough review and analysis of a treatment plant's performance-based capabilities and associated administrative, operation and maintenance practices. For purposes of compliance with section 5-1.72 (c) (2) (iv) of this Subpart, the CPE must consist of at least the following components: assessment of plant performance; evaluation of major unit processes; identification and prioritization of performance limiting factors; assessment of the applicability of comprehensive technical assistance; and preparation of a CPE report.
Contaminant means any physical, chemical, microbiological or radiological substance or matter in water.
Conventional filtration means a series of processes including coagulation, flocculation, sedimentation and filtration.
Corrosion inhibitor means a substance capable of reducing the corrosivity of water toward metal plumbing materials, especially lead and copper, by forming a protective coating on the interior surface of these materials.
CT means the product of the free residual disinfectant concentration (C) in milligrams per liter determined before or at the first customer, and the corresponding disinfectant contact time (T) in minutes, expressed by the formula (C) x (T) = CT. Disinfectant contact time (T), is the time that it takes for water to move from the point of disinfectant application or the previous point of residual disinfectant measurement to a point before or at the point where residual disinfectant concentration (C) is measured.
Designated representative means 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, the state regional health director, or district director having jurisdiction; a public health director or public health engineer qualified as duly appointed pursuant to Part 11 of this Title; or a county health commissioner, or county health director having the powers and duties prescribed in section 352 of the Public Health Law, or any other individual so designated by the commissioner.
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 including the inactivation of pathogenic organisms and excluding treatment on a raw water transmission main.
Distribution point means a sampling point representative of drinking water within the distribution system.
Department means the New York State Department of Health.
Diatomaceous earth filtration means a process resulting in substantial particulate removal which a precoat cake of diatomaceous earth filter media is deposited on a support membrane (septum), and while the water is filtered by passing through the cake on the septum, additional filter media known as body feed is continuously added to the feed water to maintain the permeability of the filter cake.
Direct filtration means a series of processes including coagulation and filtration but excluding sedimentation resulting in substantial particulate removal.
Dose equivalent means the product of the absorbed dose from ionizing radiation and such factors as account for differences in biological effectiveness because of the type of radiation and its distribution in the body as specified by the International Commission on Radiological Units and Measurements (ICRU).
Dwelling unit means one or more rooms with provisions for living, sanitary and sleeping facilities arranged for the use of one family.
Effective corrosion inhibitor residual means a concentration sufficient to form a protective coating on the interior walls of a pipe.
Emergency source 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.
Enhanced coagulation means the addition of sufficient coagulant for improved removal of disinfection byproduct precursors by conventional filtration treatment.
Entry point means a representative sampling location after the last point of treatment but before the first consumer connection.
Filter profile is a graphical representation of individual filter performance, based on continuous turbidity measurements or total particle counts versus time for an entire filter run, from startup to backwash, that includes an assessment of filter performance while another filter is being backwashed.
Filtration means a process for removing particulate matter from water by passage through porous material.
First draw tap sample for lead and copper means a one liter sample of water collected from a cold water tap after the water has stood in the plumbing system for at least six hours and is collected without flushing the tap.
Flocculation means a process to enhance agglomeration or collection of smaller floc particles into larger, more easily settleable particles through gentle stirring by hydraulic or mechanical mechanisms.
GAC10 means granular activated carbon filter beds with an empty-bed contact time of 10 minutes based on average daily flow and a carbon reactivation or replacement frequency of every 180 days, and is the Best Available Technology for compliance with total trihalomethanes (TTHM) and haloacetic acids (five) (HAA5) maximum contaminant levels (MCLs).
Gross alpha particle activity means the total radioactivity because of alpha particle emission as inferred from measurements on a dry sample.
Gross beta particle activity means the total radioactivity because of beta particle emission as inferred from measurements on a dry sample.
Ground water directly influenced by surface water means any water beneath the surface of the ground which exhibits significant and rapid shifts in water characteristics such as turbidity, temperature, conductivity or pH which closely correlates to climatological or surface water conditions and/or which contains macroorganisms, algae, large diameter (three microns or greater) pathogens or insect parts of a surface water origin.
Ground water source means a source of water supply taken from a ground water aquifer and developed in accordance with section 5-1.22 of this Subpart, but shall not include an admixture of surface water or water exposed to the ground surface.
Haloacetic acids (five) (HAA5) mean the sum of the concentrations in milligrams per liter of five specific haloacetic acid compounds, rounded to two significant figures after addition. The five haloacetic acids that comprise the HAA5 are monochloroacetic acid, dichloroacetic acid, trichloroacetic acid, monobromoacetic acid, and dibromoacetic acid.
Large water system means a water system that serves more than 50,000 persons.
Lead service line means a service line made of lead which connects the water main to the building inlet and any lead appurtenances connected to the lead service line.
Lead service line sample means a one liter sample for lead, collected after the water has stood in the service line for at least six hours. The sample must be collected directly from a tap on the service line or by calculating and wasting the amount of water in the plumbing system from the sampling point to the service line. At a single family structure, the sample may be collected by running the water until there is a significant change in water temperature.
Man-made beta particle and photon emitters means all radionuclides emitting beta particles and/or photons, except the daughter products of thorium-232, uranium-235 and uranium-238, 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. Copies of this publication are available from N.C.R.P. Publications, 7910 Woodmont Avenue, Bethesda, MD, and a copy is available for inspection and copying at the offices of the records access officer of the Department of Health, Corning Tower, Empire State Plaza, Albany, NY 12237.
Maximum contaminant level (MCL) means the maximum permissible level of a contaminant in water, which is delivered to any user of a public water system. For entry point turbidity and inorganic chemicals listed in section 5-1.52 tables 1 and 2 of this Subpart, the maximum permissible level is measured at the point of entry to the distribution system. For organic chemicals with MCLs listed in section 5-1.52 table 3 of this Subpart, the MCL is measured at the individual sources, unless otherwise specified by the State. Substances added to the water by the user, and limited to the premises of the user, are excluded from this definition.
Maximum residual disinfectant level (MRDL) means a level of disinfectant measured at a consumer's tap, above which the possibility of unacceptable health effects exists.
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 degrees Celsius or above.
Medium water system means a water system that serves greater than 3,300 and less than or equal to 50,000 persons.
Noncommunity water system (NCWS) means a public water system that is not a community water system.
Nontransient noncommunity water system (NTNC) means a public water system that is not a community water system but is a subset of a noncommunity water system that regularly serves at least 25 of the same people, four hours or more per day, for four or more days per week, for 26 or more weeks per year.
Optimal corrosion control treatment means the corrosion control treatment that reduces the lead and copper concentrations at users' taps to the lowest reasonably achievable level while insuring that the treatment does not cause the water system to violate Part 5 of the State Sanitary Code or cause adverse health or operational effects.
Person means an individual, corporation, company, association, partnership, State agency, municipality, including a county, or Federal agency.
Picocurie means that quantity of radioactive material producing 2.22 nuclear transformations per minute.
Potable water means a water which meets the requirements established by this Subpart.
Point of use means the free-flowing outlet of the ultimate user of a public water system.
Principal organic contaminant (POC) means any organic chemical compound belonging to the following classes, except for trichloromethane (chloroform), dibromochloromethane, bromodichloromethane, tribromomethane (bromoform) and any other organic contaminant with a specific MCL listed in section 5-1.52 table 3 of this Subpart:
1. halogenated alkane: Compound containing carbon (C), hydrogen (H) and halogen (X) where X = fluorine (F), chlorine (Cl), bromine (Br) and/or iodine (I), having the general formula C_nH_yX_z, where y + z = 2n + 2; n, y and z are integer variables; n and z are equal to or greater than one and y is equal to or greater than zero;
2. halogenated ether: Compound containing carbon (C), hydrogen (H), oxygen (O) and halogen X (where X = F, Cl, Br and/or I) having the general formula C_nH_yX_zO, where y + z = 2n + 2; the oxygen is bonded to two carbons; n, y and z are integer variables; n is equal to or greater than two, y is equal to or greater than zero and z is equal to or greater than one;
3. halobenzenes and substituted halobenzenes: Derivatives of benzene which have at least one halogen atom attached to the ring and which may or may not have straight or branched chain hydrocarbon, nitrogen or oxygen substituents;
4. benzene and alkyl- or nitrogen-substituted benzenes: Benzene or a derivative of benzene which has either an alkyl- and/or a nitrogen-substituent;
5. substituted, unsaturated hydrocarbons: A straight or branched chain unsaturated hydrocarbon compound containing one of the following: halogen, aldehyde, nitrile, amide; and
6. halogenated non-aromatic cyclic hydrocarbons: A non-aromatic cyclic compound containing a halogen.
Public health hazard means an existing or imminent condition which can be responsible for or cause illness, injury or death and for which immediate corrective or remedial action is required. Public health hazards include, but are not limited to, the following:
1. an Escherichia coli (E. coli) MCL violation, or failure to test for E. coli after any repeat sample tests positive for coliform;
2. a nitrate/nitrite MCL violation, or failure to take a confirmation sample within 24 hours for nitrate or nitrite after an initial sample exceeds the MCL;
3. an acute MRDL violation for chlorine dioxide as specified in section 5-1.52 table 3A of this Subpart, or failure to take the required samples in the distribution system the day after the MRDL is exceeded at the entry point as specified in section 5-1.52 table 15A of this Subpart;
4. turbidity violations or exceedances specified in paragraph 5-1.78(d)(3) of this Subpart and determined by the State to present an existing or imminent condition which can be responsible for or cause illness, injury or death and for which immediate corrective or remedial action is required;
5. use of an unapproved or contaminated water supply source;
6. insufficient quantity of water to meet drinking or sanitary demands;
7. hazardous or toxic chemical contamination;
8. disinfection which is inadequate to destroy harmful microorganisms or to maintain a specified chlorine residual;
9. disruption of water service of four hours or more, determined by the State to present an existing or imminent condition which can be responsible for or cause illness, injury or death and for which immediate corrective or remedial action is required;
10. cross-connections of sufficient hazard to adversely affect the health of a water consumer; and
11. any other conditions, including a waterborne disease outbreak, determined to be a public health hazard by the commissioner.
Public notification means disseminating information about a problem with a public water system in a form and manner consistent with section 5-1.78 of this Subpart.
Public water system means a community, noncommunity or nontransient noncommunity water system which provides water to the public for human consumption through pipes or other constructed conveyances, 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 with such system; and
2. collection or pretreatment storage facilities not under such control which are used with such system.
Raw water means water immediately before the first or only point of disinfection or other treatment.
Regular source means a source of water supply which is normally used and is approved by the department and other State agencies having jurisdiction.
Rem means the unit dose equivalent from ionizing radiation to the total body or any internal organ or organ system.
Millirem (MREM) means 0.001 of a rem.
Reporting period means a time period designated by the State for determining maximum contaminant level compliance.
Sedimentation means a process for removal of solids before filtration by gravity or separation.
Service connection means the pertinent pipes, valves and fittings that connect a distribution system to a consumer's facility.
Single family structure means a building constructed as a single-family residence that is currently used as either a residence or a place of business.
Slow sand filtration means a process involving passage of raw water through a bed of sand at low velocity resulting in particulate removal by physical or biological mechanisms.
Small water system means a water system that serves 3,300 or fewer persons.
Source of water supply means any ground water aquifer, surface water body or watercourse 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.
State means the State Commissioner of Health, or his designated representative.
State notification means notifying the State by telephone, facsimile (FAX) copy, e-mail or other means about the existence or potential existence of a public health hazard, or the existence of any other violation or situation that may pose a risk to public health.
Supplier of water means any person who owns or operates a public water system.
Surface water means all water open to the atmosphere and subject to surface runoff.
SUVA means the UV absorption at 254 nanometers (measured in 1/meters) divided by the dissolved organic carbon concentration (measured in mg/L). SUVA is an indicator of the humic content of water and the ability of the water to be treated for the removal of disinfection byproduct precursors.
Tier 1 notification means the category for public notifications that are required within 24 hours of learning of a public health hazard. Section 5-1.78(c) of this Subpart lists the specific requirements for Tier 1 notifications.
Tier 2 notification means the category for public notifications that are required within 30 days of learning of a violation or situation with the potential to have serious adverse effects on human health after long term exposure, such as most MCL, MRDL and treatment technique violations that are not public health hazards. Section 5-1.52 table 13 of this Subpart lists violations and situations that require Tier 2 notification; section 5-1.78(d) of this Subpart lists the specific requirements for Tier 2 notifications.
Tier 3 notification means the category for public notifications that are required within one year (30 days for transient noncommunity water systems) of learning of a less serious violation or situation that does not require a Tier 1 or Tier 2 notification, such as most monitoring violations. Section 5-1.52 table 13 of this Subpart lists violations and situations that require Tier 3 notification; section 5-1.78(e) of this Subpart lists the specific requirements for Tier 3 notifications.
Total Organic Carbon (TOC) means total organic carbon in mg/L, measured by converting organic carbon to carbon dioxide, rounded to two significant figures.
Total trihalomethane (TTHM) means the sum of the concentration of trichloromethane (chloroform), dibromochloromethane, bromodichloromethane and tribromomethane (bromoform).
Transient noncommunity water system (TNC) means a noncommunity water system that does not regularly serve at least 25 of the same people over six months per year.
Unspecified organic contaminant (UOC) means any organic chemical compound not otherwise specified in this Subpart.
Virus means a virus of fecal origin, which is infectious to humans by waterborne transmission.
Violation means failure to comply with or conform to the provisions of this Subpart.
Waterborne disease outbreak means the occurrence of acute infectious illness epidemiologically associated with the ingestion of water from a public water system.
Watercourse means any surface water listed in 6 NYCRR, Chapter 10.
Water supply emergency plan means a plan approved by the State and filed with the State at such location as specified by the commissioner. The plan shall address the actions to be taken by a water supplier to anticipate water supply emergencies and the steps to be taken to ensure the delivery of potable water during a water supply emergency.
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.

Sources of Water Supply

5-1.10 Statement. (Effective Date: June 24, 1977)

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

5-1.11 Applicability. (Effective Date: Jan. 19, 1990)

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

5-1.12 Water quality for existing sources of water supply. (Effective Date: May 26, 2004)

Whenever the supplier of water determines or is advised by the State that one or more of the MCLs set forth in this Subpart are or may be exceeded; or that effectiveness of treatment processes diminishes to the extent that a violation of the treatment techniques or MCLs set forth in this Subpart may occur; or that any deleterious changes in raw water quality have occurred; or that a change in the character of the watershed or aquifer has been observed which may affect water quality; or that any combination of the preceding exists, the supplier of water shall notify the State and do the following:
1. undertake a study to determine the cause or causes of such conditions, independent of known or anticipated treatment technology;
2. modify existing or install treatment to comply, to the extent practicable, with sections 5-1.30, 5-1.50, 5-1.51 and 5-1.60 of this Subpart;
3. initiate water sampling as needed to delineate the extent and nature of the cause of concern;
4. investigate all or part of the watershed or aquifer to verify any existing or potential changes in the character of the sources of water supply; and
5. submit a written report to the State within 30 days of the onset of the foregoing conditions summarizing the findings outlined in paragraphs (1) through (4) of this subdivision.
The State may require the supplier of water to conduct sanitary surveys and to conduct water sampling related to watersheds and groundwater aquifers which are sources of water supply to identify and evaluate the significance of existing and potential sources of pollution and to report the results to the State. Also, sanitary surveys shall be used to evaluate the adequacy of the public water system, the source or sources of water supply and the water treatment plant to produce a potable water.

5-1.13 Sampling and analytical requirements. (Effective Date: May 27, 1998)

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

5-1.14 Water quality for proposed sources of water supply. (Effective Date: Jan. 19, 1990)

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

a summary of available raw water quality data for at least 10 years before the date of the report or as otherwise required by the State;
a sanitary survey of the watershed or aquifer, with particular emphasis on water quality as affected by existing or potential spills, point and non-point discharges, and natural seasonal occurrences; and
a description of the proposed water treatment processes.

5-1.15 Limitation. (Effective Date: June 24, 1977)

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.

Planning, Siting Treatment and Aprpoval

5-1.20 Applicability. (Effective Date: December 30, 1992)

The provisions of sections 5-1.20 through 5-1.33 of this Subpart shall apply to all public water systems, provided the systems serve 15 or more service connections or serve 25 or more persons.

5-1.21 Siting requirements. (Effective Date: July 3, 1991)

Before a person shall enter 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:

is subject to a significant risk from earthquake, floods, fires or other disasters; or
except for intake structures, is within the floodplain of a 100-year flood or is lower than any recorded high tide.

5-1.22 Approval of plans and completed works. (Effective Date: Nov. 8, 2005)

No supplier of water shall make, install or construct, or allow to be made, installed or constructed, a public water system or any addition or deletion to or modification of a public water system until the plans and specifications have been submitted to and approved by the State. Materials used in the design, construction and repair of a public water system shall be lead-free. For this Subpart, lead-free shall mean solder or flux which contains no more than 0.2 percent lead and pipes, pipe fittings or any appurtenances which contain no more than eight percent lead.
Recommended Standards for Water Works², 2003 edition, published by the Great Lakes-Upper Mississippi River Board of State and Provisional Public Health and Environmental Managers and available from Health Research Inc., P.O. Box 7126, Albany, NY 12224, Standards for Water Wells³ and Special Requirements for Wells Serving Public Water Systems⁴, all available for public inspection at the Bureau of Water Supply Protection of the Department of Health, Flanigan Square, 547 River Street, Troy, NY 12180, shall, in their entirety, be the basis on 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.
The State may approve such plans or may require such modification which is deemed necessary to protect public health or safety. Application for plan approval shall be made on a form prescribed by the department.
A supplier of water shall receive the approval of the State before placing into service any public water system constructed under the requirements of this section.

______________________
²See Appendix 5-A, infra.
³See Appendix 5-B, infra.
⁴See Appendix 5-D, infra.

5-1.23 Reporting emergencies. (Effective Date: March 11, 1992)

The supplier of water shall not take, use, or cause to be taken for use water from any emergency source or stop or alter disinfection or other treatment processes without first having notified by telephone or telegram, and received the approval of, the State. On 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.
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 15 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.
A printed copy of this section shall be conspicuously posted in the office used by the supplier of water.

5-1.24 Approval of fluoridation of public water system. (Effective Date: April 6, 1987)

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 State.

5-1.25 Disinfection of facilities. (Effective Date: March 11, 1992)

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 State.

5-1.26 Dewatering trenches. (Effective Date: Jan 19, 1990)

No repair 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.

5-1.27 Adequacy of distribution system. (Effective Date: June 24, 1981)

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.

5-1.28 Blowoff facilities. (Effective Date: June 24, 1977)

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.

5-1.29 Pumping equipment. (Effective Date: July 3, 1991)

Pumping equipment of a public water system, for water which is not subject to later treatment, shall be installed and operated to prevent contamination of the public water system. Whenever priming is necessary, such pump shall be primed with water meeting the requirements of sections 5-1.51 and 5-1.52 of this Subpart.

5-1.30 Providing treatment for public water systems. (Effective Date: May 26, 2004)

The supplier of water shall provide such treatment as necessary to deliver to the consumer a water conforming to the requirements of this section and determined in accordance with the analytical methods contained in Appendix 5-C and section 5-1.74 of this Subpart.

Minimum treatment for a ground water source shall be disinfection by chlorination or other disinfection methods acceptable to the department in accordance with the provisions of section 5-1.22 of this Subpart.
Minimum treatment for surface water sources or ground water sources directly influenced by surface water shall be filtration and disinfection techniques, approved by the State in accordance with section 5-1.22 of this Subpart, capable of 99 percent removal of Cryptosporidium oocysts, 99.9 percent removal and/or inactivation of Giardia lamblia cysts and 99.99 percent removal and/or inactivation of viruses, between a point where the raw water is no longer subject to recontamination by surface water runoff and a point downstream before or at the first consumer. Compliance with this treatment technique requirement shall be no later than June 29, 1993 for surface water sources or within 18 months for ground water sources determined to be directly influenced by surface water sources, unless the department determines that the supplier of water can meet specific avoidance criteria as defined in subdivision (c) of this section. Required performance monitoring shall be conducted in accordance with section 5-1.52 table 10A of this Subpart. Compliance with these treatment technique requirements shall also include:
1. filtration facilities designed and operated to meet performance standards in accordance with section 5-1.52 table 4A of this Subpart;
2. for systems using chlorine, the free chlorine residual disinfection concentration in the water entering the distribution system can not be less than 0.2 milligrams per liter for more than four hours. Continuous monitoring is required, except as provided in section 5-1.52 table 15 of this Subpart; and
3. By June 8, 2004, any system that recycles spent filter backwash water, thickener supernatant, or liquids from dewatering process must return these flows through the processes of a system's existing conventional or direct filtration system.
A public water system that uses a surface water source or a ground water source directly influenced by surface water which fails to comply with any of the following avoidance criteria shall develop and submit to the State, within three months of such failure to comply, a written plan for installing filtration and disinfection. Also, filtration and disinfection shall be installed, in accordance with subdivision (b) of this section, within 18 months of such failure to comply .
1. Raw water fecal coliform concentrations must be equal to or less than 20 colonies per 100 milliliters or total coliform concentration must be equal to or less than 100 colonies per 100 milliliters in at least 90 percent of measurements made over the previous six months that the system was in operation. Monitoring shall be conducted in accordance with section 5-1.52 table 11A of this Subpart. If both fecal and total coliform analyses are performed, the fecal coliform results will take precedence.
2. Raw water turbidity levels must not exceed five nephelometric turbidity units unless the department determines that the turbidity was caused by an unusual and unpredictable event. No more than two such events in the previous 12 months or no more than five events in the previous 120 months that the system was in operation are allowed. An event means a series of consecutive days during which at least one turbidity measurement each day exceeds five nephelometric turbidity units. Monitoring is to be conducted in accordance with section 5-1.52 Table 10A of this Subpart.
3. Disinfection must be sufficient to ensure at least 99.9 percent inactivation of Giardia lamblia cysts and 99.99 percent inactivation of viruses, between a point where the raw water is no longer subject to recontamination by surface water runoff and a point downstream before or at the first consumer. Actual CT values must be equal to or greater than the required values found in section 5-1.52 tables 14A through 14G of this Subpart, except for one day in each month that the system served water to the public, or except where the State determines that an additional failure in one month in the previous twelve months was caused by circumstances that were unusual and unpredictable. The supplier of water must calculate the CT values of the system for each day the system is in operation to document satisfactory disinfection. The necessary parameters and related monitoring frequencies to conduct this evaluation include:
  1. temperature of the disinfected water measured at least once per day at each residual disinfectant concentration sampling point;
  2. pH of the disinfected water, measured at least once per day at each chlorine residual disinfectant concentration sampling point by systems using chlorine;
  3. the disinfectant contact time (T), determined daily during peak hourly flow; and
  4. the residual disinfectant concentration (C), before or at the first customer, measured daily during peak hourly flow.
4. The disinfection system must have redundant components to ensure continuous disinfection. Auxiliary power with automatic start and alarm is required at all disinfection facilities where a power outage would result in a loss or reduction in the ability of the system to maintain a disinfection concentration as required by this Subpart.
5. For systems using chlorine, the free chlorine residual disinfection concentration in the water entering the distribution system cannot be less than 0.2 milligrams per liter for more than four hours, unless the State determines that any such failure was caused by circumstances that were unusual and unpredictable. Continuous monitoring is required except as provided in section 5-1.52 table 15 of this Subpart.
6. The disinfection residuals or the heterotrophic plate count results in the water in the distribution system must meet the requirements outlined in subdivision (g) of this section and section 5-1.52 Table 11 of this Subpart unless the State determines that the failure to meet the requirements was not caused by a deficiency in the treatment of the source water.
7. The watershed control program must provide natural or man made barriers to the occurrence, transport and/or survival of Cryptosporidium oocysts, Giardia lamblia cysts and viruses. The watershed control program must include, but is not limited to the following:
  1. ownership or protective controls of the watershed, except where the supplier of water submits written justification to show that the travel time of the water to the intake is greater than 60 days under all but emergency conditions. Protective controls can include written agreements with landowners within the watershed but must include as a minimum the absence of any bathing beach as defined in Part 6-2 of this Title, except for a bathing beach owned and/or maintained by an individual for use by the individual's family or friends;
  2. no new sewage discharges to any watercourse shall be allowed where the time of travel from the point of discharge to the intake is 60 days or less. Existing sewage discharges with a current State Pollutant Discharge Elimination System (SPDES) permit issued by the New York State Department of Environmental Conservation, where the time of travel from the point of discharge to the intake is 60 days or less, shall, as a minimum, have secondary treatment followed by sand filtration and disinfection at facilities designed to achieve 99.9 percent removal and/or inactivation of Giardia lamblia cysts and 99.99 percent removal and/or inactivation of viruses by June 29, 1993. Existing or new sewage discharges with a SPDES permit issued by the New York State Department of Environmental Conservation, where the time of travel from the point of discharge to the intake is greater than 60 days, shall, as a minimum, have secondary treatment followed by sand filtration and disinfection at facilities designed to achieve 99.9 percent removal and/or inactivation of Giardia lamblia cysts and 99.99 percent removal and/or inactivation of viruses by June 29, 1993 or a later date set forth in a plan submitted to the commissioner and approved using the criteria for the long term plan as described in subparagraph (vii) of this paragraph. The sewage treatment facilities required herein shall be operated in conformance with their design specifications and the conditions of their SPDES permit;
  3. watershed rules and regulations promulgated and enforced in accordance with Title I of Article 11 of the Public Health Law; including as a minimum prohibition or controls on waste discharges which contain or potentially may contain Cryptosporidium oocysts, Giardia lamblia cysts, and/or viruses;
  4. identification and evaluation of pertinent geological, hydrological and physical characteristics or features and potential conditions or activities which may influence water quality;
  5. a monitoring and surveillance program to assess water quality and water quantity trends;
  6. an annual report submitted by the supplier of water to the department describing watershed activities, especially activities that affect water quality, identifying new and existing water quality concerns and remediation efforts taken and any other reports required pursuant to adopted watershed rules and regulations. The annual report must be submitted to the department no later than the 10th of October of each year; and
  7. a long term plan for the implementation of the watershed control program, including a description of the commitment of human and financial resources for such program shall be submitted to the commissioner for approval from systems that serve more than 100,000 persons, obtain water from a watershed or watersheds that involve multiple political subdivisions and own less than 25 percent of the land in the watershed. The approval shall be based on the exercise of a reasonable discretion by the commissioner in reviewing and accepting the proposed levels of human and fiscal resources to be committed for successful implementation of the plan, measured by projected cost of the administration, inspection, enforcement, land acquisition, sewage treatment plant upgrading and other activities and/or services related to such watershed control program, including the resolution of inherent water quality and quantity questions and the reliability of the method of funding. Failure to obtain the approval of the long term plan or failure to secure the required human or financial resources will result in a requirement to provide filtration, in accordance with the provisions of this Subpart. The approval of the long term plan shall be for a period of ten years, subject to further review and approval for successive ten year periods. Notwithstanding any approval granted pursuant hereto, if Federal or State law or regulation shall hence forth unconditionally mandate filtration of surface water sources, then any such approvals shall forthwith cease and terminate with filtration thereafter to be provided, in accordance with the provisions of this Subpart, when reasonably feasible.
8. The public water system must not have been identified as a source of a waterborne disease outbreak since 1980.
9. The public water system must comply with the trihalomethane, haloacetic acid, bromate, and chlorite maximum contaminant levels and the maximum residual disinfectant levels in accordance with section 5-1.52 of this Subpart.
10. The public water system must comply with the maximum contaminant level for total coliform in accordance with section 5-1.52 of this Subpart in eleven months of the twelve previous months that the system served water to the public on an ongoing basis, unless the State determines that failure to meet this requirement was not caused by a deficiency in treatment of the source water.
Notwithstanding anything to the contrary in sections 5-1.12, 5-1.23, 5-1.51 or 5-1.77 of this Subpart, if the public water system fails to comply with the treatment technique and/or the monitoring requirements of subdivisions (b), (c) or (g) of this section, fails to install the filtration and/or disinfection treatment facilities required by this section or fails to comply with the avoidance criteria requirements contained in subdivision (c) of this section, the system violates this Subpart and shall make State and public notification, including any required mandatory health effects language. Pursuant to subdivision (c) of this section, if at any time the raw water turbidity exceeds five nephelometric turbidity units, the system shall consult with the State within 24 hours of learning of the exceedance. Based on this consultation, the State may determine that the exceedance constitutes a public health hazard, as defined in paragraph 5-1.1(aw)(4) of this Subpart, which requires a Tier 1 notification. When consultation does not take place within the 24 hour period, the water system must distribute a Tier 1 notification no later than 48 hours after the system learns of the violation. Pursuant to subdivisions (b) and (c) of this section, if the free chlorine residual falls below 0.2 milligrams per liter in the water entering the distribution system, for a system using chlorine, the system shall make State notification. The system must make State notification whether the residual was restored to at least 0.2 milligrams per liter within four hours.
The State may grant a waiver, on the submission of a written application, renewable for a period of up to three years, to the disinfection rule established by this section for a ground water source if:
1. the record of the microbiological and physical characteristics for the ground water source or sources not directly influenced by surface water demonstrates that they conformed to the MCLs 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 department;
2. an environmental laboratory approved pursuant to Subpart 55-2 of Part 55 of this Title, is used by the supplier of water to provide monitoring of drinking water quality and delivery of drinking water in conformity with this Subpart;
3. an active cross-connection control program 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, in accordance with section 5-1.27 of this Subpart;
4. 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 State are adopted, updated and administered;
5. all water storage facilities are adequately protected pursuant to section 5-1.32 of this Subpart; and
6. all sources of the water supply are properly located, constructed and effectively protected and maintained.
The State may waive the requirements of paragraphs (e)(3) through (6) of this section for a ground water source at a noncommunity water system or a community water system serving fewer than 50 dwelling units, based on periodic evaluation of a sanitary survey and the geology of the area; the chemical characteristics of the water; the location, construction and protection of the ground water source; and the method of water storage and distribution.
When chlorine is used as the disinfectant, a free chlorine residual shall be maintained at representative points in the distribution system, in accordance with the provision of section 5-1.52 table 11 footnotes 1 and 6 of this Subpart. No more than five percent of the free chlorine residual samples shall be undetectable in any two consecutive months that the system serves water to the public. Chlorine residual or heterotrophic bacteria analyses shall be performed in accordance with section 5-1.52 Table 11 of this Subpart. Monitoring for heterotrophic bacteria may be substituted for free chlorine residuals. A heterotrophic plate count result equal to or less than 500 colonies per milliliter is considered to be equivalent to a measurable free chlorine residual.

5-1.31 Cross connection control. (Effective Date: Dec.30, 1992)

The supplier of water shall protect the public water system by containing potential contamination within the premises of the user in the following manner:
1. by requiring an approved air gap, reduced pressure zone device, double check valve assembly or equivalent protective device 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/or the State for approval; and
3. by assuring that all protective devices be tested at least annually. Records of such 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:
  1. a "general tester" certification will be issued when the applicant presents proof of satisfactory completion of a training course for testers of backflow-prevention devices which has been approved by the department.
  2. a "limited tester" certification will be issued when the applicant presents proof of employment by a manufacturer as its agent for the servicing, maintaining and testing of backflow-prevention devices.
  3. 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.
  4. at least three months before 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.
  5. a certification will be suspended or revoked, on due notice and an opportunity for a hearing thereon, for any of 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 apply for recertification.
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 5-1.51 and 5-1.52 of this Subpart; and
3. by filing such approvals with the State annually.
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.
Any installation, service, maintenance, testing, repair or modification of a backflow prevention device shall be performed in accordance with the provision of any county, city, town or village having a plumbing code. For this section, a backflow prevention device is an approved air gap, reduced pressure zone device, double check valve assembly or equivalent protection device designed to prevent or contain potential contamination of a public water system. All individuals who perform testing of backflow prevention devices shall be certified, in accordance with paragraph (a)(3) of this section.

5-1.32 Protection of equalizing and distribution reservoirs. (Effective Date: Dec. 30, 1992)

Equalizing and distribution reservoirs which deliver water to the user without later treatment shall be covered, or the water from an uncovered reservoir must be continuously disinfected in a manner approved by the State, in accordance with section 5-1.22(b) of this Subpart, before being discharged to the distribution system.

5-1.33 Water supply emergency plans. (Effective Date: July 3, 1991)

All community water systems with an annual gross operating revenue of more than one hundred twenty-five thousand dollars shall submit to the State a water supply emergency plan. The plan shall identify and outline the steps necessary to ensure that potable water is available during all phases of a water supply emergency.
The water supply emergency plan shall include:
1. The development of procedures to notify consumers during all phases of a water supply emergency.
2. The development of criteria and procedures for determining and the subsequent reporting of critical water levels or safe yield of the source or sources of water.
3. The identification of existing and future sources of water available during normal non-emergency and water supply emergency conditions.
4. The identification of all available water storage. Available water storage includes source, transmission and distribution system storage.
5. The identification, capacity and location of existing inter-connections. Identification of additional inter-connections needed to provide potable water during a water supply emergency.
6. The development of a specific action plan outlining all the steps to be carried out, taken or followed during a water supply emergency, including State notification, emergency notification rosters of key water supply personnel with current telephone numbers both business and home, and follow-up corrective action to minimize the reoccurrence of an emergency.
7. The identification and implementation of procedures for water conservation and water use restrictions to be put in place during a water supply emergency.
8. The identification of and the procedures for prioritization of potable water use during a water supply emergency.
9. The identification and availability of emergency equipment needed during a water supply emergency.
10. The development of criteria and procedures for determining and the subsequent reporting of the system's capacity and ability to meet peak water demands and fire-flow conditions concurrently.
A vulnerability analysis shall be performed on the source or sources of water supply, the public water system, disinfection stations and water treatment plants to determine the vulnerability of these water supply components to a water supply emergency. The system shall take whatever steps are necessary to ensure that potable water can be and is available during a water supply emergency.
Before the final submission of the water supply emergency plan to the State, the system shall publish a notice in a newspaper of general circulation in the area served by the community water system stating that the proposed water supply emergency plan is available for review and comment. The notice shall be printed at least once in each of two successive weeks. Public comment shall be accepted for at least fourteen days following the date of first publication. All public comment shall be submitted with the water supply emergency plan to the State.
The water supply emergency plan must be submitted to the State by no later than December 31, 1990. The system shall review, update and resubmit the water supply emergency plan every five years thereafter. The first revision is due no later than December 31, 1995.
A community water system with an annual gross operating revenue of one hundred twenty-five thousand dollars or less, a non-transient noncommunity water system and a noncommunity water system may be required to prepare, update and submit to the State a written water supply emergency plan for providing potable water during a water supply emergency.
If more than one system is responsible for providing potable water to a community water system, the water supply emergency plan shall be prepared and submitted jointly by the systems.
Information may be exempt from public disclosure for public review and comment if it is determined the information will pose a security risk to the operation of the community water system. The commissioner may request, and the system must provide a copy of the exempt information and justification for why said information should not be subject to public review and comment.

Control of Copper and Lead in Drinking Water

5-1.40 Applicability. (Effective Date: May 27, 1998)

Unless otherwise noted all community water systems and nontransient, noncommunity water systems serving 15 or more service connections or serving 25 or more persons shall provide optimal corrosion control treatment or complete the applicable corrosion control requirements by the deadlines established in sections 5-1.40 through 5-1.49 of this Subpart.

Optimal Corrosion Control Treatment. Any water system is considered by the State to have optimal corrosion control treatment if the water system satisfies one of the following applicable criteria.
1. Any water system that services 50,000 people or less is considered to have optimal corrosion control treatment if the water system meets the copper and lead action levels during each of two consecutive six-month monitoring periods when monitoring is conducted in accordance with section 5-1.42 of this Subpart.
2. Any water system that has carried out activities equivalent to the corrosion control steps applicable to that size water system in sections 5-1.40 through 5-1.49 of this Subpart can demonstrate optimal corrosion control treatment by submitting to the State a report with the following information:
  1. the results of all test samples collected for each of the water quality parameters in section 5-1.43 of this Subpart;
  2. a description of the test methods, various treatments tested and the basis for the water systems selection of optimal corrosion control treatment;
  3. a description of how optimal corrosion control treatment was installed and how it is being maintained and operated; and
  4. the results of first draw lead and copper tap water samples collected in accordance with section 5-1.42 of this Subpart for two consecutive six-month monitoring periods after optimal corrosion control treatment has been installed.
3. A water system is considered to have optimal corrosion control treatment if it demonstrates that the difference in the results of the 90th percentile first draw lead level and the highest source water lead level is less than 0.005 milligrams per liter for two consecutive six month monitoring periods. The 90th percentile lead level must be calculated in accordance with section 5-1.41 of this Subpart and sampled in accordance with section 5-1.42 of this Subpart. The source water lead level must be sampled in accordance with section 5-1.47 of this Subpart.
A large water system that serves more than 50,000 people that has not demonstrated to the State that it has optimal corrosion control treatment shall complete the following corrosion control treatment steps.
Step 1: The water system shall conduct initial monitoring for first draw lead and copper tap samples in accordance with section 5-1.42 of this Subpart and sampling for water quality parameters in accordance with section 5-1.43 of this Subpart by January 1, 1993. If a water system exceeds the lead action level during the first or second six month monitoring period it shall deliver the public education materials in accordance with section 5-1.44 of this Subpart within 60 days of the end of the monitoring period and begin source water monitoring in accordance with section 5-1.47 of this Subpart.

Step 2: The water system shall complete corrosion control studies in accordance with section 5-1.45 of this Subpart and submit a report to the State by July 1, 1994.

Step 3: After State designation of optimal corrosion control treatment the water system shall install optimal corrosion control treatment by January 1, 1997.

Step 4: After installation of optimal corrosion control treatment the water system shall complete lead, copper and water quality parameter follow-up sampling in accordance with section 5-1.46(e) of this Subpart by January 1, 1998. If follow-up sampling for lead does not meet the action level, the water system must begin replacing lead service lines in accordance with section 5-1.48 of this Subpart.

Step 5: After State specification of water quality parameters for optimal corrosion control treatment, the water system shall operate in compliance with State-specified water quality parameter values in accordance with section 5-1.46(g) of this Subpart; conduct lead and copper first-draw tap sampling in accordance with section 5-1.42 of this Subpart and report results to the State within ten days of the end of each monitoring period.
A water system that serves 50,000 people or less that has not demonstrated to the State that it has optimal corrosion control treatment shall complete the following corrosion control treatment steps.
Step 1: The water system shall conduct initial lead and copper first draw tap sampling in accordance with section 5-1.42 of this Subpart until the water system either exceeds the lead and/or copper action level or becomes eligible for reduced monitoring. Results must be reported to the State within 10 days of the end of each monitoring period.

Step 2: A water system that exceeds the lead or copper action level shall:
1. deliver public education materials in accordance with section 5-1.44 of this Subpart within 60 days of the end of the monitoring period;
2. submit a report to the State in accordance with section 5-1.46(b) of this Subpart recommending optimal corrosion control treatment within six months after it exceeds one of the action levels;
3. conduct water quality parameter monitoring in accordance with section 5-1.43 of this Subpart; and
4. conduct source water monitoring in accordance with section 5-1.47 of this Subpart.
Step 3: If the State requires a corrosion control study to be conducted, the water system shall conduct the corrosion control study in accordance with section 5-1.45 of this Subpart and submit a report on the results to the State within 18 months of the date the study was required.

Step 4: After State designation of optimal corrosion control treatment, the water system shall install optimal corrosion control treatment in accordance with section 5-1.46(d) of this Subpart within 24 months of the State's designation.

Step 5: After installation of optimal corrosion control treatment, the water system shall conduct lead, copper and water quality parameter follow-up sampling in accordance with section 5-1.46(f) of this Subpart within 36 months after State designation of optimal corrosion control treatment. The results shall be submitted to the State for designation of optimal water quality control parameters within 10 days of the end of the monitoring period. If follow-up sampling for lead does not meet the action level, the water system must begin replacing lead service lines in accordance with section 5-1.48 of this Subpart.

Step 6: After State specification of water quality parameters, for optimal corrosion control treatment the water system shall operate in compliance with State specified water quality parameters values in accordance with section 5-1.46(h) of this Subpart, conduct lead and copper tap sampling in accordance with section 5-1.42 of this Subpart and report results to the State within 10 days of the end of each monitoring period.
Any community or nontransient noncommunity water system that serves 50,000 or less people and is required to complete the corrosion control steps because of its failure to meet the lead or copper action level may cease completing the treatment steps whenever the water system meets both action levels during each of two consecutive six month monitoring periods. The results must be submitted to the State for approval. If an action level is exceeded in a later monitoring period the water system must complete the applicable treatment steps.

5-1.41 Lead and copper action levels. (Effective Date: May 27, 1998)

The lead action level is exceeded if the concentration of lead in more than 10 percent of one liter first draw tap water samples collected during any monitoring period and computed in accordance with subdivision (c) of this section exceeds 0.015 milligrams per liter.
The copper action level is exceeded if the concentration of copper in more than ten percent of one liter first-draw tap water samples during any monitoring period and computed in accordance with section 5-1.42(c) of this Subpart exceeds 1.3 milligrams per liter.
The 90th percentile lead and copper levels shall be computed as follows:
1. The results of all lead and copper samples taken during a monitoring period shall be placed in ascending order from the sample with the lowest concentration to the sample with the highest concentration. Each sampling result shall be assigned a number, ascending by single integers beginning with the number one for the sample with the lowest contaminant level. The number assigned to the sample with the highest contaminant level shall be equal to the total number of samples taken.
2. Multiply the number of samples taken during the monitoring period by 0.9.
3. The contaminant concentration of the numbered sample obtained by this calculation is the 90th percentile contaminant level.
4. For water systems that are only required to collect five samples per monitoring period, the 90th percentile lead and copper level is computed by taking the average of the highest and second highest concentrations.

5-1.42 Monitoring requirements for lead and copper in tap water. (Effective Date: May 27, 1998)

All community and nontransient noncommunity water systems must monitor for lead and copper in accordance with this section.

Sample site selection. By the applicable date for commencement of monitoring, stated in subdivision (d) of this section, each water system shall complete a materials evaluation of its distribution system to identify a pool of targeted sampling sites that meet the site selection criteria. The pool of sampling sites should be sufficiently large to ensure that the water system can collect the required number of first draw lead and copper tap samples should some of the sites become unavailable. All sampling sites from which first draw tap samples are collected shall be selected from this pool. Sampling sites may not include faucets that have point-of-use or point-of-entry treatment devices designed to remove inorganic contaminants.
1. A materials evaluation of a water system shall consist of an examination and listing of all historical water system data on the materials used for construction of the distribution system and service lines, plus any available information on the interior plumbing materials of the buildings served. If the water system's records are inadequate to identify enough sampling sites the water system shall take the following steps:
  1. examine all plumbing codes, permits, and records in the files of the building department which show the plumbing materials that are installed within publicly and privately owned facilities connected to the distribution system;
  2. examine all inspections and records of the distribution system that show the material composition of the service connections;
  3. examine all existing water quality information from the distribution system or individual structures which may show locations susceptible to high lead or copper concentrations; and
  4. use water system personnel to determine service line and interior plumbing materials when performing maintenance activities or reading meters.
2. Tier 1 sampling sites selected for a community water system's sampling pool shall consist of single family structures that have copper pipes with lead solder joints installed after 1982, interior lead plumbing; or have a lead service line.
3. Multiple-family residences may be used as tier 1 sampling sites when multiple-family residences comprise at least 20 percent of the facilities served by a water system and have copper pipes with lead solder joints installed after 1982, interior lead plumbing or have a lead service line.
4. Any community water system with insufficient tier 1 sampling sites shall complete its sampling pool with tier 2 sampling sites. Tier 2 sampling sites consist of buildings, including multiple-family residences, that have copper pipes with lead solder joints installed after 1982 or interior lead plumbing or have a lead service line.
5. Any community water system with insufficient tier 1 and tier 2 sampling sites shall complete its sampling pool with tier 3 sampling sites. Tier 3 sampling sites consist of single family structures that have copper pipes with lead solder joints installed before 1983.
6. Tier 1 sampling sites for nontransient noncommunity water systems shall be buildings that have copper pipes with lead solder joints installed after 1982, interior lead plumbing or have a lead service line.
7. A nontransient noncommunity water system with insufficient tier 1 sampling sites shall complete its sampling pool with sampling sites having copper pipes with lead solder joints installed before 1983.
8. Any water system whose sampling pool does not consist exclusively of tier 1 sampling sites shall notify the State in writing before initiating sampling, why the water system was unable to locate enough tier 1 sampling sites.
9. Any water system whose distribution system has lead service lines shall draw 50 percent of the first draw tap samples it collects during each monitoring period from sampling sites that have lead service lines and 50 percent from sampling sites having interior lead plumbing or copper pipe with lead solder joints. If a water system cannot identify enough sampling sites with lead service lines, the water system shall notify the State in writing of the steps taken to locate sites and the reasons why it was unable to locate enough sites and collect samples from all the sampling sites with lead service lines it has been able to locate.
Sample collection methods. All tap samples for lead and copper collected in accordance with this section shall be first draw samples.
1. Each first draw tap sample for lead and copper shall be one liter of water that has stood motionless in the plumbing system of each sampling site for at least six hours. First draw samples from residential housing shall be collected from the cold water kitchen or bathroom sink tap.
2. First draw samples from a nonresidential building shall be collected at an interior cold water tap from which water is typically drawn for consumption. First draw samples may be collected by water system personnel or by residents who have been instructed on the proper sampling procedures by the water system. The water system must certify that the resident collecting the sample has been properly instructed. If a water system allows residents to perform sampling, it may not challenge the accuracy of sampling results based on alleged errors in sample collection. To avoid problems of residents handling nitric acid, acidification of first draw samples may be done up to 14 days after the sample is collected. All samples which are not immediately acidified shall stand in the original one liter container for at least 28 hours after acidification to insure that all of the lead has dissolved.
3. Water systems shall collect first draw tap samples from the same sampling sites in each monitoring period. If a water system cannot gain entry to a previously used sampling site after making reasonable efforts to gain entry, the water system may collect the sample from another sampling site in its sampling pool if the new sampling site meets the same targeting criteria and is within reasonable proximity of the original sampling site.

Number of Samples. Water systems shall collect at least one first draw lead and copper tap sample during each monitoring period from the number of sampling sites listed in the table below under standard monitoring. A water system conducting reduced monitoring may collect one first draw lead and copper tap sample during each monitoring period from the number of sites listed in the table below under reduced monitoring.

Population Served	Standard Monitoring	Reduced Monitoring
Population Served	Number of Sites	Number of Sites
>100,000	100	50
10,001 - 100,000	60	30
3,301 - 10,000	40	20
501 - 3,300	20	10
101 - 500	10	5
<101	5	5

NOTE: If a water system has less than the required number of sample taps in its distribution system it shall sample all the taps and report that 100 percent of the available taps were sampled.

Initial first draw lead and copper tap sampling. The first six month monitoring period shall begin on the following dates for the size systems as follows:

Water System Size Initial Monitoring
Population Served Period Begins
>50,000(large) January 1, 1992
3,301 - 50,000(medium) July 1, 1992
<3,301(small) July 1, 1993
1. All large water systems shall monitor during two consecutive six month periods.
2. All small and medium water systems shall monitor during each six month monitoring period until:
  1. the water system meets the lead and copper action levels during two consecutive monitoring periods and becomes eligible for reduced monitoring; or
  2. the water system exceeds the lead or copper action level and is required to carry out corrosion control treatment.
3. Any water system which installs optimal corrosion control treatment or source water treatment shall monitor for lead and copper at the standard number of sampling sites during two consecutive six month monitoring periods after facility start-up.
  1. Large water systems must complete their monitoring by January 1, 1998.
  2. Small and medium water systems must complete their monitoring 36 months after the State designates optimal corrosion control treatment.
  3. Any water system that installs source water treatment shall complete monitoring 12 months after installation of treatment.
4. After State specification of water quality parameter values for optimal corrosion control treatment the water system shall monitor for lead and copper tap samples at the standard number of sampling sites during two consecutive six month monitoring periods beginning from the date of State specification.
5. Reduced Monitoring. Water systems may reduce the number and frequency of first draw lead and copper tap samples if they meet the following criteria:
  1. small and medium water systems that meet the lead and copper action levels during two consecutive six month monitoring periods may reduce the number of sampling sites at which samples are collected to those listed in the above table under reduced monitoring and reduce the frequency of sampling to once a year;
  2. small and medium water systems that meet the lead and copper action levels for three consecutive years under reduced monitoring may reduce the frequency of first draw lead and copper tap monitoring to every third year at the reduced number of sampling sites;
  3. small or medium water systems on a reduced monitoring schedule for lead and copper tap samples that exceed the lead or copper action level shall resume monitoring at the standard number of sampling sites every six months;
  4. any water system that maintains state specified water quality parameters for optimal corrosion control treatment during each of two consecutive six month monitoring periods may request the State to reduce the monitoring frequency for lead and copper tap samples to once per year at the reduced number of monitoring sites;
  5. any water system that maintains state specified water quality parameters for optimal corrosion control treatment during three consecutive years may request the State to reduce the frequency of lead and copper tap samples at the reduced number of sites to once every three years;
  6. any water system on a reduced monitoring frequency that fails to maintain state specified water quality parameters for optimal corrosion control treatment shall resume monitoring at the standard number of sites every six months; and
  7. any water system on a reduced monitoring schedule for lead and copper tap samples shall collect these samples from the pool of sampling sites used for initial monitoring. The samples shall be collected during the periods from June 1 through September 30.
Additional Monitoring. The results of any monitoring conducted besides the minimum requirements of this section shall be considered in making any determinations under this Subpart.

Water System Size	Initial Monitoring
Population Served	Period Begins
>50,000(large)	January 1, 1992
3,301 - 50,000(medium)	July 1, 1992
<3,301(small)	July 1, 1993

5-1.43 Monitoring requirements for water quality parameters. (Effective Date: May 27, 1998)

All large water systems and all small and medium water systems that exceed the lead and copper action level shall monitor for the following water quality parameters:

pH;
alkalinity;
calcium;
conductivity;
water temperature;
silica (when an inhibitor containing silicate is used); and
orthophosphate (when an inhibitor containing phosphate is used)

Water quality parameter samples shall be representative of water quality throughout the distribution system. Sites should be selected to represent the population served, seasonal variability, different sources of water and different treatment methods used by the water system. Water quality parameter samples are not first draw samples and need not be collected from consumer's taps.

Number of samples. Water systems shall collect two samples for the applicable water quality parameters during each monitoring period from the following number of distribution system sampling sites:

Population Served	Standard Monitoring	Reduced Monitoring
Population Served	(Sample Sites)	(Sample Sites)
>100,000	25	10
10,001 - 100,000	10	7
3,301 - 10,000	3	3
501 - 3,300	2	2
101 - 500	1	1
<101	1	1

Entry point sampling. Two water quality parameter samples must be collected at each entry point to the distribution system during each monitoring period which distribution water quality parameter samples are collected. Samples collected at entry points shall be representative of each source after treatment during normal operation of the water system. After the installation of corrosion control and/or after the State specifies water quality parameter values for optimal corrosion control treatment, entry point water quality parameter samples shall be collected biweekly.
Distribution monitoring. All large water systems shall monitor for water quality parameters in section 5-1.45(c) of this Subpart in each initial six-month monitoring period that they monitor for first-draw lead and copper tap samples. All small and medium water systems shall monitor for water quality parameters in section 5-1.45(c) of this Subpart during the six month monitoring period which the water system exceeds the copper or lead action level. After a water system installs optimum corrosion control treatment, the water system shall monitor for water quality parameters for two consecutive six month monitoring periods. After the State specifies water quality parameters for optimal corrosion control treatment, all water systems shall monitor for water quality parameters at the frequencies stated in subdivision (a) of this section for two consecutive six month monitoring periods.
After State specification of minimum values or ranges for water quality parameters for optimal corrosion control treatment, water systems shall maintain water quality parameter values at or above specified minimum values or within ranges specified by the State. If the water quality parameter value of any sample is below the minimum value or outside the range specified by the State, the water system is out of compliance with the State Sanitary Code.
Reduced monitoring. Any water system that maintains State-specified water quality parameters for optimal corrosion control treatment for two consecutive six month monitoring periods may reduce the number of distribution sampling sites to the number listed in the above table under reduced monitoring. Entry point samples shall continue to be collected biweekly. Any water system that maintains state specified water quality parameters for three consecutive years may reduce the monitoring frequency of distribution system samples to once a year. Any water system that maintains state specified water quality parameters for three consecutive years when monitoring once a year may reduce the monitoring frequency to once every three years. Entry point samples must continue to be collected biweekly. When samples are collected once a year or once every three years and more than one sample is required, the samples shall be spaced evenly throughout the year in which they are collected.
Any water system conducting reduced monitoring that fails to maintain State-specified water quality parameters for optimal corrosion control treatment shall resume standard monitoring.
Confirmation samples. Any water system may collect a confirmation sample of any water quality parameter. The confirmation sample must be collected from the same site within three days. If a confirmation sample is collected it must be averaged with the first sample and the average value must be used for compliance determinations.
Additional monitoring. The results of any monitoring conducted besides the minimum requirements of this section shall be considered in making any decisions under this Subpart.

5-1.44 Public education and supplemental monitoring requirements. (Effective Date: May 27, 1998)

A water system that exceeds the lead action level based on first draw lead tap samples shall deliver the public education materials contained in subdivision (a) and (b) of this section in accordance with the requirements in subdivision (c) of this section.

Content of written materials. A water system shall include the following text in all of the printed materials it distributes through its lead public education program. Any additional information presented shall be consistent with the information below and be expressed in a way that can be understood by persons without medical or technical backgrounds.
1. Introduction. The New York State Health Department and (insert name of water supplier) are concerned about lead in your drinking water. Although most homes have very low levels of lead in their drinking water, some homes in the community have lead levels above the action level of 15 parts per billion, or 0.015 milligrams of lead per liter of water. Under the State Sanitary Code we are required to have a program in place to minimize lead in your drinking water by (insert date when corrosion control will be completed for your system). This program includes corrosion control treatment, source water treatment (if necessary) and public education. We are also required to replace each lead service line that we control if the line contributes lead concentrations of more than 15 parts per billion after we have completed the comprehensive treatment program. If you have any questions about how we are carrying out the requirements of the lead regulation please give us a call at (insert water systems phone number). This brochure explains the simple steps you can take to protect you and your family by reducing your exposure to lead in drinking water.
2. Health effects of lead. Lead is a common metal found throughout the environment in lead-based paint, air, soil, household dust, food, certain types of pottery, porcelain, pewter and water. Lead can pose a significant risk to your health if too much of it enters your body. Lead builds up in the body over many years and can cause damage to the brain, red blood cells and kidneys. The greatest risk is to young children and pregnant women. Amounts of lead that won't hurt adults can slow down normal mental and physical development of growing bodies. Also, a child at play often comes into contact with sources of lead contamination, like dirt and dust, that rarely affect an adult. It is important to wash children's hands and toys often, and try to make sure they only put food into their mouths.
3. Lead in drinking water. Although rarely the sole cause of lead poisoning, lead in drinking water can significantly increase a person's total lead exposure, particularly the exposure of infants who drink baby formulas and concentrated juices that are mixed with water. It is estimated that drinking water can make up to 20 percent or more of a person's total exposure to lead.
  1. Lead is unusual among drinking water contaminants in that it seldom occurs naturally in rivers and lakes. Lead enters drinking water primarily because the corrosion, or wearing away, of materials containing lead in the water distribution system and household plumbing. These materials include lead-based solder used to join copper pipe, brass and chrome plated brass faucets, and at times, pipes made of lead that connect your house to the water main (service lines). In 1986, Congress banned the use of lead solder containing greater than 0.2 percent lead, and restricted the lead content of faucets, pipes and other plumbing materials to 8.0 percent.
  2. When water stands in lead pipes or plumbing systems containing lead for several hours or more, the lead may dissolve into your drinking water. This means the first water drawn from the tap in the morning, or later in the afternoon after returning from work or school, can contain high levels of lead.
4. Steps you can take in the home to reduce exposure to lead in drinking water.
  1. Despite our best efforts mentioned earlier to control water corrosivity and remove lead from the water supply, lead levels in some homes or buildings can be high. To find out whether you need to take action in your own home, have your drinking water tested to determine if it contains excessive concentrations of lead. Testing the water is essential because you cannot see, taste, or smell lead in drinking water. Some local approved environmental laboratories that provide this service are listed at the end of this booklet. For more information on having your water tested, please call (insert phone number of water system).
  2. If a water test shows that the drinking water drawn from a tap in your home contains lead above 15 parts per billion, then you should take the following precautions:
    1. let the water run from the tap before using it for drinking or cooking any time the water in a faucet has stood for more than six hours. The longer water resides in your home's plumbing the more lead it may contain. Flushing the tap means running the cold water faucet until the water gets noticeably colder, usually about 15 to 30 seconds. If your house has a lead service line to the water main, you may have to flush the water for a longer time, perhaps one minute, before drinking. Although toilet flushing or showering flushes water through a portion of your home's plumbing system, you still need to flush the water in each faucet before using it for drinking or cooking. Flushing tap water is a simple and inexpensive measure you can take to protect your family's health. It usually uses less than one or two gallons of water and costs less than (insert a cost estimate based on flushing two times a day for 30 days) per month. To conserve water, fill a couple of bottles for drinking water after flushing the tap, and whenever possible use the first flush water to wash dishes, watering plants or other purposes that do not involve cooking and drinking. If you live in a high rise building, letting the water flow before using it may not work to lessen your risk from lead. The plumbing systems have more, and sometimes larger pipes than smaller buildings. Ask your landlord for help in locating the source of lead and for advice on reducing the lead level;
    2. do not to cook with, or drink water from the hot water tap. Hot water can dissolve lead more quickly than cold water. If you need hot water, draw water from the cold water tap and heat it on the stove;
    3. remove loose lead solder and debris from the plumbing by removing the faucet strainers from all taps and running the water from 3 to 5 minutes. Thereafter, periodically remove the strainers and flush out any debris that has accumulated;
    4. if your copper pipes are joined with lead solder that has been installed illegally since it was banned in 1986, (if an earlier lead ban was in effect in your community insert the earlier date) notify the plumber who did the work and request replacement of the lead solder with lead-free solder. Also, notify (insert name and phone number of the local office of the health department and the name and phone number of the office responsible for enforcing the plumbing codes) about the violation. Lead solder looks dull gray, and when scratched with a metal object looks shiny;
    5. determine whether the service line that connects your home or apartment to the water main is made of lead. The public water system that delivers water to your home should maintain records of the materials located in the distribution system. If they do not have any records concerning your service line, try to contact the plumbing contractor who installed the service line. You usually can identify the plumbing contractor by checking the office that issues or keeps records of the building permits (insert name and phone number of office). If the plumbing contractor can't be located, hire a licensed plumber to determine if the service line is made of lead. A licensed plumber can also check to see if your home's plumbing contains lead solder, lead pipes or pipe fittings that contain lead;
    6. if you have a lead service line that connects your dwelling to the water main and it contributes more than 15 parts per billion of lead to your drinking water after our comprehensive treatment program is in place, we are required to replace the line. If the service line is only partially controlled by (insert name of water system with partial control of service line), we are required to replace the portion of the line under our control and we are required to provide you with information on how to replace your portion of the lead service line. We are also required to offer to replace your portion of the service line at your expense and take a follow-up tap sample within 14 days of the replacement. Acceptable replacement alternatives include copper, steel, iron, and plastic pipes; and
    7. have an electrician check your wiring. If grounding wires from the electrical system are attached to your pipes, corrosion may be greater. Check with the electrician or your local electrical code to determine if your wiring can be grounded elsewhere. DO NOT attempt to change the wiring yourself because improper grounding can cause electrical shock and fire hazards.
  3. The steps described above will reduce the lead concentrations in your drinking water. However, if a water test shows that the drinking water coming from your tap contains lead concentrations more than 15 parts per billion after flushing and after we have completed our actions to minimize lead levels, then you may want to take the following additional measures:
    1. Purchase or lease a home water treatment device to remove lead. Home treatment devices are limited because each unit treats only the water that flows from the faucet to which it is connected, and all of the devices require periodic maintenance and replacement. Devices such as reverse osmosis systems or distillers can effectively remove lead from your drinking water. Some activated carbon filters may reduce lead levels at the tap, however, all lead reduction claims should be investigated. Be sure to check the actual performance of a specific home treatment device before and after installing the unit.
    2. Purchase, for drinking and cooking, bottled water that is certified by the New York State Department of Health.
  4. You can consult a variety of sources for additional information. Your family doctor or pediatrician can perform a blood test for lead and provide you with information about the health effects of lead. State and local government agencies that can be contacted include:
    1. (Insert name and phone number of the local office of the health department) can provide you with information about your community's water supply, a list of local certified laboratories, plus information about the health effects of lead and how to have your child's blood tested for lead.
    2. (Insert name and phone number of local office that issues building permits) can provide you with information about building permit records that should contain the names of plumbing contractors that plumbed your home.
  5. The following is a list of certified laboratories in your area that you can call to have your water tested for lead. (Insert the names and phone numbers of at least two laboratories certified for testing lead).
Content of broadcast materials. A water system shall include the following information in all public service announcements submitted under its lead public education program to television and radio stations for broadcasting:
1. Why should everyone want to know the facts about lead and drinking water? Because unhealthy amounts of lead can enter drinking water through the plumbing in your home. That's why I urge you to do what I did. I had my water tested for (insert free or $ per sample). You can contact the (insert name of water system) for information on testing and on simple ways to reduce your exposure to lead in drinking water.
2. To have your water tested for lead, or to get more information about this public health concern, please call (insert phone number of water system).
Delivery of public education program.
1. In communities where a significant proportion of the population speaks a language other than English, public education materials shall be communicated in the appropriate language.
2. A community water system that fails to meet the lead action level based on first draw lead tap samples shall within 60 days:
  1. Insert notices in each consumer's water utility bill containing the information in subdivision (a) of this section, along with the following alert on the water bill in large print:
    "SOME HOMES IN THIS COMMUNITY HAVE ELEVATED LEAD LEVELS IN THEIR DRINKING WATER. LEAD CAN POSE A SIGNIFICANT RISK TO YOUR HEALTH. PLEASE READ THE ENCLOSED NOTICE FOR FURTHER INFORMATION."
    
    (If the utility bill is not scheduled to be sent out in the 60 day period a separate mailing must be sent.)
  2. Submit the information in subdivision (a) of this section to the departments of the major daily and weekly newspapers circulated the community.
  3. Deliver pamphlets and/or brochures that contain the public education materials in paragraphs (a)(2) and (4) of this section to the following persons, facilities and organizations that serve the areas served by the water system:
    - public and private schools and/or local school boards;
    - local health department;
    - women, infants, and children and headstart programs;
    - public and private hospitals and/or clinics;
    - pediatricians;
    - family planning clinics; and
    - local welfare agencies.
  4. Submit the public service announcement in subdivision (b) of this section to at least five of the radio and television stations with the largest audiences that broadcast to the community served by the water system.
3. A community water system shall deliver the public education materials and pamphlets to its consumers and organizations every 12 months and public service announcements to radio and television stations every six months for as long as the water system exceeds the lead action level.
4. A nontransient noncommunity water system shall deliver the public education materials contained in paragraphs (a)(1), (2) and (4) of this section within 60 days after it exceeds the lead action level based on first draw lead tap samples. The materials shall be delivered as follows:
  1. post informational posters on lead in drinking water in a public place or common area in each of the buildings served by the water system; and
  2. distribute informational pamphlets and/or brochures on lead in drinking water to each person served by the water system
5. Nontransient noncommunity water systems shall repeat the public education process at least once during each calendar year which the water system exceeds the lead action level.
6. Any water system may stop delivery of public education materials if the system has met the lead action level during the most recent six month monitoring period. The water system must recommence public education in accordance with this section if it exceeds the lead action level in a later monitoring period.
Supplemental monitoring and notification of results. A water system that fails to meet the lead action level based on first draw lead tap samples shall offer to sample or have the tap water sampled of any consumer who requests it. The water system is not required to collect, analyze or to pay for analyzing the sample.

5-1.45 Corrosion control studies. (Effective Date: Jan 6, 1993)

All water systems that are required to perform corrosion control studies shall evaluate the effectiveness of each of the following treatments, and if appropriate, combinations of the following treatments to identify the optimal corrosion control treatment for their water system:
1. alkalinity and pH adjustment;
2. calcium hardness adjustment; and
3. the addition of a phosphate or silicate based corrosion inhibitor at a concentration sufficient to maintain an effective corrosion inhibitor residual concentration in all test tap samples.
The water system shall evaluate each of the corrosion control treatments using either pipe loop tests, metal coupon tests, partial system tests or analyses based on documented analogous treatments with other systems of similar size, water chemistry and distribution system configuration.
The water system shall measure the following water quality parameters in any tests conducted for the corrosion control study before and after evaluating the corrosion control treatments listed above:
- lead;
- copper;
- pH;
- alkalinity;
- calcium;
- conductivity;
- orthophosphate (when an inhibitor containing phosphate compounds is used);
- silicate (when an inhibitor containing silicate compounds is used); and
- water temperature.
The water system shall identify all chemical or physical constraints that limit or prohibit the use of a particular corrosion control treatment such as:
1. data showing that a particular corrosion control treatment has adversely affected other water treatment processes when used by another water system with comparable water quality characteristics, and/or
2. data demonstrating that the water system has previously attempted to evaluate a particular corrosion control treatment and has found that the treatment is ineffective or adversely affects other water quality treatment processes.
The water system shall evaluate the effect of the chemicals used for corrosion control treatment on other water quality treatment processes.
Based on an analysis of the data generated during the study, the water system shall submit a report to the State recommending the treatment option that constitutes optimal corrosion control treatment for their water system. The report shall contain the rationale for its recommendation along with all supporting documentation specified in subdivisions (a) through (e) of this section.

5-1.46 Corrosion control treatment. (Effective Date: May 27, 1998)

Each water system shall complete the applicable corrosion control treatment requirements listed below.

Large water systems that do not have optimal corrosion control treatment shall conduct a corrosion control study as specified in section 5-1.45 of this Subpart. The corrosion control study must be completed and submitted to the State by July 1, 1994.
Small and medium water systems that exceed the lead or copper action level shall recommend a corrosion control treatment to the State which they believe will result in optimal corrosion control treatment. The recommendation shall be submitted within six months after exceeding the lead or copper action level and be based on the following:
1. an evaluation of existing water quality parameters;
2. source water lead and copper levels;
3. constraints placed on the corrosion control process; and
4. theoretical determination of which the following corrosion control methods or combination of methods will result in optimal corrosion control:
  - carbonate passivation;
  - inhibitor passivation; and
  - calcium carbonate precipitation.
The State shall designate optimal corrosion control treatment after review of a water system's recommendation for optimal corrosion control treatment and all supporting documentation.
1. The State review of supporting documentation shall determine if water systems which were required to perform corrosion control studies, submitted documentation that conformed to the requirements of Section 5-1.45; and if
2. Small and medium water systems which exceed the lead or copper action level submit documentation with their recommendation for optimal corrosion control treatment conforming to the requirements of subdivision (b) of this section.
3. Based on the review of water system recommendations for optimal corrosion control treatment, the State may:
  1. require the water system to provide additional information;
  2. designate the recommended corrosion control treatment as optimal corrosion control treatment with or without modifications to the recommendation; and
  3. designate an alternate form of corrosion control treatment as optimal corrosion control treatment.
4. State designation of an alternate form of optimal corrosion control treatment shall be carbonate passivation, inhibitor passivation or calcium carbonate precipitation and be based on the following considerations:
  1. existing water quality parameters;
  2. source water lead and copper levels;
  3. first draw lead and copper levels;
  4. adverse health, safety and operational impacts of the corrosion control process; and
  5. Optimal corrosion control treatment at similar water systems.
After State designation of optimal corrosion control treatment all water systems shall complete final design of the corrosion control facilities, and submit plans and specifications to the State for approval. The corrosion control facilities shall be installed and operational within 24 months after State designation of optimal corrosion control treatment.
The water system shall collect and analyze samples for first draw lead and copper and water quality parameters for two six month monitoring periods after installation of optimal corrosion control treatment facilities. The results and any additional information requested by the State shall be submitted to the State for specification of water quality parameters for optimal corrosion control treatment within 10 days of the end of each monitoring period.
The State will evaluate the data submitted by the water system after installation of optimal corrosion control treatment to determine if the optimal corrosion control treatment designated by the State was properly installed and operated and to specify water quality parameter values for optimal corrosion control treatment. State specified water quality parameter values for optimal corrosion control treatment will be set to provide the maximum reduction of first draw lead and copper levels after evaluating the following data and constraints:
1. the levels of lead and copper in first draw water before and after installation of State-designated optimal corrosion control treatment;
2. the type of corrosion control treatment installed;
3. characteristics of the water system;
4. variation of source water quality parameter values;
5. impact on other water treatment processes;
6. operational and economic limitations;
7. limitations of treatment process equipment; and
8. range of water quality values observed after installation of optimal corrosion control treatment.
After State specification of water quality parameters for optimal corrosion control treatment the water system shall operate within the ranges set by the State. If a water quality parameter value of any required sample is outside the established range, the water system shall take a confirmation sample within three days of the first sample. The result reported to the State shall be the average of the two samples.
A water system may request a modification of its State designated optimal corrosion control treatment. The request must be submitted in writing and include the reason for the modification along with supporting data.

5-1.47 Source water monitoring and treatment. (Effective Date: May 27, 1998)

Any water system which exceeds the lead and/or copper action level shall collect one source sample for lead and copper from each entry point to the distribution system within six months after exceeding the lead and/or copper action level. If the sample results exceed five micrograms per liter for lead and/or 0.8 milligrams per liter for copper, the water system shall collect and analyze one more sample within 14 days from the same locations. The results of the two samples shall be averaged. All source water sample results and any additional information requested by the State shall be reported to the State with a recommendation for source water treatment within six months of exceeding the lead or copper action level.

The types of source water treatments that can be considered by a water system include:
1. No treatment. Based on a demonstration that:
  1. source water treatment is not necessary because source lead levels do not exceed five micrograms per liter and source copper levels do not exceed 0.8 milligrams per liter;
  2. entry point lead and/or copper levels do not represent source water levels because of lead and/or copper pickup from facilities between the source and the entry point. A plan to eliminate the source of lead and/or copper must be presented with the recommendation; or
  3. source water treatment will not reduce the lead levels at users' taps more than five micrograms per liter.
2. Ion exchange.
3. Reverse osmosis
4. Coagulation/filtration.
5. Lime softening.
If the State requires installation of source water treatment, the water system shall install source water treatment within 24 months of the State requirement and begin source water and entry point monitoring. Samples for lead and copper shall be collected from the source or sources and at each entry point to the distribution system for two consecutive six month monitoring periods and be reported to the State within ten days of end of the monitoring period.
If the State specifies that source water treatment is not necessary or specifies maximum permissible source water levels for lead and copper, the water system shall monitor for lead and copper at each entry point to the distribution system. Water systems using only ground water sources shall collect lead and copper samples once during each three year monitoring period. Water systems using surface sources or a combination of surface and ground water sources shall collect lead and copper samples annually beginning on the date of the State specification. If a water system meets the first draw lead and copper action levels for the entire source monitoring period, the water system may cease source water monitoring.
State determination of the necessity of source water treatment and specification of maximum source water levels for lead and copper shall be based on an evaluation of the following:
1. levels of lead and copper in first draw water;
2. effectiveness of optimal corrosion control treatment if installed;
3. levels and variability of lead and copper in source water;
4. effectiveness of source water treatment; and
5. operational constraints.
The water system shall maintain lead and copper levels below the maximum permissible concentrations at each entry point during each monitoring period. If a sample exceeds the maximum permissible concentration a second sample must be collected from the same site within two weeks and the results averaged with the first sample. If the average value of lead and/or copper is greater than the maximum permissible source levels specified by the State the water system will be considered out of compliance.
A water system may request modification of its source water treatment or maximum permissible lead and copper concentrations at entry points. The request must be submitted to the State in writing and include the reason for requesting the modification and supporting data.
Reduced monitoring. A water system using only groundwater that has maintained entry point lead and copper levels below the maximum permissible levels for three consecutive three year monitoring periods may reduce the monitoring frequency to once in nine years. A water system using surface water or a combination of ground and surface water that has maintained entry point lead and copper levels below the maximum permissible levels for three consecutive years may reduce the monitoring frequency to once in nine years.
A water system that uses a new source of water is not eligible for reduced monitoring for lead and copper until concentrations in samples collected from the new source entry point are below permissible levels for three consecutive monitoring periods.

5-1.48 Lead service line replacement. (Effective Date: May 27, 1998)

Water systems that fail to meet the lead action level in tap samples collected after installing optimal corrosion control treatment and/or source water treatment (whichever occurs later) shall replace lead service lines. Water systems that fail to install optimal corrosion control treatment or source water treatment on time may be required to begin replacement of lead service lines.
At least seven percent of the initial number of lead service lines shall be replaced annually. Based on the number of lead service lines in the water system, the State may require the water system to replace more than seven percent of the initial number of lead service lines each year. The initial number of lead service lines is the number of lead service lines in place at the time the replacement program begins. The water system shall identify the initial number of lead service lines in its distribution system based on a materials evaluation. The first year of lead service line replacement shall begin on the date the action level was exceeded after installing corrosion control and/or source water treatment.
A water system is not required to replace an individual lead service line if the lead service line sample result is less than or equal to 0.015 milligrams per liter. Each service line sample shall be one liter of first draw water that has stood motionless in the lead service line for at least six hours and shall be collected in one of the following ways:
1. The sample may be collected at a tap after flushing the volume of water between the tap and the lead service line. The volume of water shall be calculated based on the interior diameter and length of the pipe between the tap and the lead service line.
2. The sample may be collected by tapping directly into the lead service line.
3. The sample may be collected at a tap by allowing the water to run until there is a significant change in water temperature which would be indicative of the temperature of the water that has been standing in the lead service line. This method can only be used for a building constructed as a single-family residence.
A water system shall replace the entire service line (up to the building inlet) unless it demonstrates to the satisfaction of the State that it controls less than the entire service line. In such cases the water system shall replace the portion of the line which the State determines is under the water system's control. The water system shall notify the user served by the lead service line that it will replace the portion of the line under its control and shall offer to replace the building owner's portion of the line, but it is not required to bear the cost of replacing the building owner's portion of the line. For buildings where only a portion of the service line is replaced, the water system shall offer to collect a first draw tap water sample after partial replacement of the lead service line is completed. In cases where the residents accept the offer, the water system shall collect the sample and report the results to the resident within 14 days of the partial lead service line replacement.
A water system is presumed to control the entire lead service line (up to the building inlet) unless the water system demonstrates to the State that the owner of the lead service or the property on which it is located has denied the water system entry or that it does not have any of the following forms of control over the entire lead service line, as defined by State statutes, municipal ordinances, public service contracts or other applicable legal authority:
1. authority to set standards for construction, repair, or maintenance of the lead service line;
2. authority to replace, repair, or maintain the lead service line; or
3. ownership of the lead service line;
Any water system may cease replacing lead service lines whenever first draw tap water samples meet the lead action level during each of two consecutive six-month monitoring periods. Monitoring results must be submitted to the State. If first draw tap water samples in the water system again exceed the lead action level the water system shall recommence replacing lead service lines.

5-1.49 Reporting and record keeping requirements. (Effective Date: May 27, 1998)

All water systems shall report the following information to the State within ten days of the end of each applicable monitoring period:
1. results of all first draw lead and copper tap samples, including site locations and criteria;
2. certification that the first draw sample for lead and copper was a one liter sample and that to the best of their knowledge has stood in the plumbing system for at least six hours;
3. if a resident collected the samples, certification that the water system informed the resident of the proper sampling procedures;
4. the 90th percentile lead and copper values;
5. an explanation of changes in sampling sites if any; and
6. results of all distribution tap samples, entry point and source water samples for lead, copper, pH, alkalinity, calcium, conductivity, temperature and orthophosphate or silica.
Water systems shall submit the following applicable reports:
1. Water systems that cannot complete their sampling pool with tier 1 sampling sites must notify the State in writing justifying their selection of tier 2 or tier 3 sampling sites.
2. Water systems that are unable to locate enough sampling sites with lead service lines to equal 50 percent of the required sampling pool must notify the State in writing why they were unable to locate enough sampling sites.
3. Water systems that have maintained optimal water quality parameters for two consecutive six month monitoring periods and wish to reduce the sampling frequency for first draw lead and copper tap samples to once a year and the number of sites to the reduced monitoring number shall submit a request to the State with supporting data.
4. Water systems that have maintained optimal water quality parameters for three consecutive years and wish to reduce the sampling frequency for first draw lead and copper tap samples to once every three years shall submit a request to the State with supporting data.
5. Water systems that wish to demonstrate that they have achieved optimal corrosion control treatment under section 5-1.40(a) of this Subpart shall submit a report to the State demonstrating that they have met the criteria.
6. Small and medium water systems that exceed the action level for lead or copper must submit their recommendation for optimal corrosion control treatment within six months of failure to meet the action level.
7. Water systems that perform corrosion control studies must submit a report of the study within the applicable time frame.
8. Water systems that are required to install optimal corrosion control treatment designated by the State must notify the State in writing certifying installation completion by the applicable date.
9. Water systems which exceed lead or copper action levels must submit a report to the State recommending installation of a source water treatment or demonstrate why the source does not need treatment.
10. Water systems that are required to install source water treatment must notify the State in writing certifying that source water treatment was installed within 24 months after the State required source water treatment.
All water systems that are required to replace lead service lines shall report the following information to the State:
1. Within 12 months after a water system exceeds the lead action level after installing optimal corrosion control treatment and/or source water treatment, the water system shall submit a report to the State. The report shall include the results of a material evaluation of the distribution system, the initial number of lead service lines and a schedule for replacing at least seven percent of the lead service lines annually.
2. Submit an annual report to the State containing the following information:
  1. the number of lead service lines scheduled to be replaced during the previous year;
  2. the number and location of the lead service lines actually replaced during the previous year; and
  3. the number and location of lead service lines where service line samples were collected during the previous year.
3. When a water system elects not to replace a lead service line because the lead service line sample was equal to or less than 15 micrograms per liter, the water system shall report the sampling method, date and results of the lead service line sample.
4. If a water system seeks to prove that it does not have control over the entire lead service line, it shall submit to the State the appropriate documentation within three months of becoming subject to the requirement to replace lead service lines.
All water systems subject to public education requirements shall report to the State by December 31st of each year the actions taken to meet its requirement. This report shall include the content of materials distributed, the dates of delivery and a list of the means of delivery (names of newspapers, radio stations etc. used).
Additional monitoring. Any water system which collects sampling data besides that required by sections 5-1.40 through 5-1.48 of this Subpart shall report the results to the State within the first ten days following the end of the monitoring period which the samples were collected.
Notwithstanding anything to the contrary in section 5-1.72 of this Subpart, any water system subject to the requirements of sections 5-1.40 through 5-1.48 of this Subpart shall retain on its premises records of all sampling data and analyses, reports, surveys, letters, evaluations, schedules, State approvals and conditions and any other information pertaining to sections 5-1.40 through 5-1.48 of this Subpart for at least 12 years.

Public Water Systems; Maximum Contaminant Levels; Monitoring Requirements; Notifications Required

5-1.50 Applicability and responsibility. (Effective Date: December 30, 1992)

The provisions of sections 5-1.51 through 5-1.52 of this Subpart shall apply to all public water systems. The supplier of water of a public water system is responsible for completion of the monitoring requirements set forth in such sections and for performing all analyses in accordance with the analytical requirements set forth in Appendix 5-C of this Subpart. At the discretion of the State, analyses performed by the State may be used for monitoring purposes.

5-1.51 Maximum contaminant levels, maximum residual disinfectant levels and treatment technique requirements. (Effective Date: May 26, 2004)

The maximum contaminant levels, maximum residual disinfectant levels and treatment technique requirements are listed in section 5-1.52 tables 1 through 7 of this Subpart. In the case where an MCL, MRDL, or treatment technique requirement is exceeded, notwithstanding anything to the contrary contained in section 5-1.12 of this Subpart, the supplier of water will take the necessary steps to comply with this section, to ensure the protection of the public health, including the undertaking of remedial feasibility studies and the installation of a suitable treatment process. Compliance with the MCLs, MRDLs and treatment technique requirements shall be determined by the procedures contained in section 5-1.52 tables 1 through 7 of this Subpart.
The minimum monitoring requirements for each contaminant are listed in section 5-1.52 tables 8A through 12 and 15A of this Subpart, except for public water systems with fewer than 15 service connections and which serve fewer than 25 persons, where monitoring will be at State discretion. For this section, State discretion shall mean requiring monitoring when the State has reason to believe an MCL, MRDL, or treatment technique requirement has been violated, the potential exists for an MCL, MRDL, or treatment technique violation or a contaminant may present a risk to public health.
Each system required to monitor for disinfection byproducts must develop and implement a monitoring plan. The system must maintain the plan and make it available for inspection by the State and the general public no later than 30 days after the compliance date. If the system is a community or nontransient noncommunity system that uses surface water or ground water under the direct influence of surface water and serves 10,000 or more people, the monitoring plan must be made available by January 31, 2002. If the system is a community or nontransient noncommunity system that uses surface water or ground water under the direct influence of surface water and serves fewer than 10,000 people, or it is a community or nontransient noncommunity system using only ground water, the monitoring plan must be made available by January 31, 2004. All community and nontransient noncommunity systems using surface water or ground water under the direct influence of surface water that serve more than 3,300 people must submit a copy of the monitoring plan to the State, or provide written acknowledgement and acceptance of a plan provided by the State, no later than the date of the first report required in section 5-1.72 of this Subpart. After review, the State may require changes in any plan elements. Failure to monitor in accordance with the monitoring plan is a monitoring violation. Systems may use only data collected in accordance with the monitoring plan to qualify for reduced monitoring of disinfection byproducts or disinfection byproduct precursors. The monitoring plan must include at least the following elements, as applicable:
1. specific locations and schedules for collecting samples for any parameters listed in this section;
2. how the system will calculate compliance with MCLs, MRDLs, and treatment techniques;
3. if approved for monitoring as a consecutive system, or if providing water to a consecutive system, under the provisions of section 5-1.76 of this Subpart, the sampling plan must reflect the entire distribution system.
The notification requirements for each contaminant are listed in section 5-1.52 table 13 of this Subpart.
The CT values for inactivation of Giardia lamblia cysts by free chlorine at various pH and temperature levels are listed in section 5-1.52 tables 14A through 14F of this Subpart. The CT values for inactivation of Giardia lamblia cysts by chlorine dioxide and ozone at various temperature levels are listed in section 5-1.52 table 14G of this Subpart.
The alternative disinfection monitoring frequency requirements using grab samples instead of continuous chlorine concentration monitoring is listed in section 5-1.52 table 15 of this Subpart.
Monitoring and reporting frequencies for specific contaminants may be established at State discretion whenever the State believes that a potential exists for an MCL or MRDL violation or a contaminant may present a risk to public health.
Notwithstanding anything to the contrary in subdivision (a) of this section, the Commissioner may recommend values lower than the MCLs if sufficient valid information based on commonly accepted scientific standards and principles demonstrates an increased public health concern. Within one year from the date of such recommendation, the State shall hold a public hearing regarding the justification for the lower value, and whether a new MCL is warranted.
Notwithstanding anything to the contrary in section 5-1.52 table 3 the Commissioner may in specific cases except specific organic chemicals from the MCLs for general organic chemicals if the supplier of water can demonstrate that sufficient valid scientific information exists to show that the organic chemical does not pose an unreasonable risk to human health, the organic chemical is present at a level and under circumstances not indicative of contamination, and the cost of compliance is unreasonable in light of the risk to human health.
Notwithstanding anything to the contrary in section 5-1.52 table 3 of this Subpart, the Commissioner may, based on receipt and review of a justification submitted by the supplier of water, allow a higher MCL for a period of up to 60 days following application of a paint or lining to a potable water structure, if he determines that an unreasonable risk to human health does not exist.
Notwithstanding anything to the contrary in section 5-1.52 table 3A of this Subpart, systems may increase residual disinfectant levels of chlorine or chloramines (but not chlorine dioxide) in the distribution system to a level and for a time necessary to protect public health, to address specific microbiological contamination problems caused by circumstances such as, but not limited to, distribution line breaks, storm run-off events, source water contamination events, or cross-connection events.
A system that is installing granular activated carbon (GAC) or membrane technology to comply with the trihalomethane and haloacetic acid MCLs listed in section 5-1.52 table 3 may apply to the State for an extension of up to 24 months past the compliance dates for those MCLs. Systems must comply with any interim measures and schedules of compliance set by the State.
Each public water system must certify annually in writing to the State that when Acrylamide and Epichlorohydrin are used in drinking water systems, the combination (or product) of dose and monomer level does not exceed the levels specified as follows:
Acrylamide = 0.05% dosed at 1 ppm (or equivalent)

Epichlorohydrin = 0.01% dosed at 20 ppm (or equivalent)

Certification can rely on manufacturers or third parties, as approved by the State.
For microbiological analysis, a standard sample size of 100 milliliters shall be used.

5-1.52 Tables. (Effective Date: November 1, 2006)

Note: Tables may be reviewed in the NYS Department of Health, Office of Regulatory Reform, Empire State Plaza, 2415 Corning Tower, Albany, NY.

Monitoring and Control of Disinfection Byproduct Precursors

5-1.60 Applicability. (Effective Date: May 26, 2004)

Surface water systems or systems using ground water under the direct influence of surface water that are community or nontransient noncommunity systems and use conventional filtration treatment must operate with enhanced coagulation to achieve the total organic carbon (TOC) percent removal levels specified in section 5-1.63 of this Subpart, unless the system meets the alternative compliance criteria described in section 5-1.62 of this Subpart. Systems serving 10,000 or more people must comply with this requirement beginning January 1, 2002. Systems serving fewer than 10,000 people must comply with this requirement beginning January 1, 2004.

5-1.61 Monitoring requirements for disinfection byproduct precursors. (Effective Date: May 26, 2004)

Surface water systems and systems using ground water under the direct influence of surface water that are community or nontransient noncommunity systems and use conventional filtration treatment must monitor each treatment plant for TOC. Samples to be analyzed for TOC must be collected no further downstream than the point of combined filter effluent turbidity monitoring and representative of the treated water. TOC monitoring shall be conducted in accordance with the system's monitoring plan described in section 5-1.51 (c) of this Subpart. These same systems must also monitor for TOC in the source water prior to any treatment at the same time as they are monitoring for TOC in the treated water. These samples (source water and treated water) are referred to as paired samples. At the same time as the source water sample is taken, all systems must monitor for alkalinity in the source water prior to any treatment. Systems must take one paired TOC sample and one source water alkalinity sample per month per plant at a time representative of normal operating conditions and influent water quality. Systems monitoring for TOC with an average treated water TOC of less than 2.0 mg/L for two consecutive years, or less than 1.0 mg/L for one year, may reduce monitoring for both TOC and alkalinity to one paired TOC sample and one source water alkalinity sample per plant per quarter. The system must revert to routine monitoring in the month following the quarter when the annual average treated water TOC is greater than or equal to 2.0 mg/L.

5-1.62 Alternative compliance criteria for enhanced coagulation. (Effective Date: May 26, 2004)

Systems may use one of the following alternative compliance criteria instead of enhanced coagulation:

The system's source water TOC level is less than or equal to 2.0 mg/L, calculated quarterly as a running annual average.
The system's treated water TOC level is less than or equal to 2.0 mg/L, calculated quarterly as a running annual average.
The system's source water SUVA, prior to any treatment and measured monthly, is less than or equal to 2.0 L/mg-m, calculated quarterly as a running annual average.
The system's treated water SUVA, measured monthly, is less than or equal to 2.0 L/mg-m, calculated quarterly as a running annual average.
The system's source water TOC level is less than 4.0 mg/L, calculated quarterly as a running annual average; the source water alkalinity is greater than 60 mg/L (as CaCO3), calculated quarterly as a running annual average; and the TTHM and HAA5 running annual averages are no greater than 0.040 mg/L and 0.030 mg/L, respectively. Alternatively, the system's source water TOC level is less than 4.0 mg/l, calculated quarterly as a running annual average; the source water alkalinity is greater than 60 mg/L (as CaCO3), calculated quarterly as a running annual average; and prior to the effective date for compliance, the system has made a clear and irrevocable financial commitment to use technologies that will limit the levels of TTHMs and HAA5 to no more than 0.040 mg/L and 0.030 mg/L, respectively. Systems must submit evidence of a clear and irrevocable financial commitment, in addition to a schedule containing milestones and periodic progress reports for installation and operation of appropriate technologies, to the State for approval not later than the effective date for compliance in section 5-1.60 of this Subpart. These technologies must be installed and operating not later than June 16, 2005. Failure to install and operate these technologies by the date in the approved schedule will constitute a violation.
The TTHM and HAA5 running annual averages are no greater than 0.040 mg/L and 0.030 mg/L, respectively, and the system uses only chlorine for primary disinfection and maintenance of a residual in the distribution system.

Systems using the alternative compliance criteria stated in this section must still comply with the monitoring requirements stated in section 5-1.61 of this Subpart.

5-1.63 Enhanced coagulation performance requirements. (Effective Date: May 26, 2004)

Systems must achieve the percent reduction of TOC specified in subdivision (a) of this section (Step 1) between the source water and the combined filter effluent, unless the State approves a system's request for alternate minimum TOC removal (Step 2) requirements, which are provided in subdivision (d) of this section.

Required (Step 1) TOC reductions, which are provided in the following table, are based upon specified source water TOC and alkalinity levels:

(Step 1) Required Removal of TOC by Enhanced Coagulation for Surface Water Systems or Systems Using Ground Water Under the Direct Influence of Surface Water that Use Conventional Filtration Treatment
Source Water TOC (mg/L)	Source Water Alkalinity
Source Water TOC (mg/L)	0-60 mg/L as CaCO₃(percent removal required)	>60-120 mg/L as CaCO₃(percent removal required)	>120 mg/L as CaCO₃(percent removal required)
>2.0 - 4.0	35.0	25.0	15.0
>4.0 - 8.0	45.0	35.0	25.0
>8.0	50.0	40.0	30.0

Systems that must comply with the requirements contained in subdivision (a) of this section must calculate compliance using the method provided in either paragraph (1) of this subdivision or the applicable provisions of paragraph (2) of this subdivision.
1. Systems must calculate compliance quarterly, beginning after the system has collected 12 months of data, by determining an annual average using the following method:
  1. determine actual monthly TOC percent removal, equal to: (1 - (treated water TOC/source water TOC)) X 100;
  2. determine the required monthly TOC percent removal from either subdivision (a) or (d) of this section;
  3. divide the value in subparagraph (i) of this paragraph by the value in subparagraph (ii) of this paragraph;
  4. add together the results of subparagraph (iii) of this paragraph for the last 12 months and divide by 12;
  5. if the value calculated in subparagraph (iv) of this paragraph is less than 1.00, the system is not in compliance with the TOC percent removal requirements.
2. Systems may use the provisions in subparagraphs (i) through (iii) of this paragraph instead of the calculations in paragraph (1) of this subdivision to determine compliance with TOC percent removal requirements.
  1. In any month that the system's treated or source water TOC level is less than or equal to 2.0 mg/L, the system may assign a monthly value of 1.00 (instead of the value calculated in paragraph (1) of this subdivision) when calculating compliance under the provisions of subdivision (a) of this section.
  2. In any month that the system's source water SUVA, prior to any treatment, is less than or equal to 2.0 L/mg-m, the system may assign a monthly value of 1.00 (instead of the value calculated in paragraph (1) of this subdivision) when calculating compliance under the provisions of subdivision (a) of this section.
  3. In any month that the system's finished water SUVA is less than or equal to 2.0 L/mg-m, the system may assign a monthly value of 1.00 (instead of the value calculated in paragraph (1) of this subdivision) when calculating compliance under the provisions of subdivision (a) of this section.
Systems that cannot achieve the (Step 1) TOC removals required by subdivision (a) of this section due to water quality parameters or operational constraints must apply to the State, within three months of failure to achieve the TOC removals required by (Step 1), for approval of alternate minimum TOC removal (Step 2) requirements, described in subdivision (d) of this section. Until the State approves the alternate minimum TOC removal (Step 2) requirements, the system must meet the (Step 1) TOC removals contained in subdivision (a) of this section.
Alternate minimum TOC removal (Step 2) requirements. Applications made to the State by enhanced coagulation systems for approval of alternate minimum TOC removal (Step 2) requirements must include, as a minimum, results of bench- or pilot-scale testing conducted using the methodology prescribed in paragraph (1) of this subdivision to determine the alternate enhanced coagulation level. Applications for alternate minimum TOC (Step 2) requirements must be approved by the State before they can replace the previous (Step 1) TOC removal requirements. The alternate TOC removal is determined by the method described in paragraphs (1) through (5) of this subdivision.
1. The alternate minimum TOC removal is the percentage of TOC removed at the point where an incremental addition of 10 mg/L of alum, or equivalent amount of iron coagulant (ferric salt), results in a TOC removal of <=0.3 mg/L. This TOC removal percentage is then defined as the minimum TOC removal required for the system. Once approved by the State, this minimum TOC removal requirement supersedes the minimum TOC (Step 1) removal required by the table in subdivision (a) of this section. This requirement will be effective until such time as the State approves a new value based on the results of a new bench- and pilot-scale test. Failure to achieve State-set alternative minimum TOC removal levels is a violation.
2. Bench- or pilot-scale testing of enhanced coagulation must be conducted by using representative water samples and adding 10 mg/L increments of alum, or equivalent amounts of iron coagulant, until the pH is reduced to a level less than or equal to the enhanced coagulation (Step 2) target pH shown in the following table:
  
  Enhanced Coagulation Step 2 Target pH
  Alkalinity (mg/L as CaCO₃) Target pH
  0 – 60 5.5
  60 – 120 6.3
  120 – 240 7.0
  >240 7.5
3. For waters with alkalinities of less than 60 mg/L for which addition of small amounts of alum or equivalent addition of iron coagulant drives the pH below 5.5 before significant TOC removal occurs, the system must add necessary chemicals to maintain the pH between 5.3 and 5.7 in samples until the TOC removal of 0.3 mg/L per 10 mg/L alum added, or equivalent addition of iron coagulant, is reached.
4. The system may operate at any coagulant dose or pH necessary (consistent with the State Sanitary Code) to achieve the minimum TOC percent removal approved under paragraph (1) of this section.
5. If the TOC removal is consistently less than 0.3 mg/L of TOC per 10 mg/L of incremental alum dose at all dosages of alum (or equivalent addition of iron coagulant), the water is deemed to contain TOC not amenable to enhanced coagulation. The system may then apply for a waiver of enhanced coagulation requirements.

Enhanced Coagulation Step 2 Target pH
Alkalinity (mg/L as CaCO₃)	Target pH
0 – 60	5.5
60 – 120	6.3
120 – 240	7.0
>240	7.5

Operation and Quality Control

5-1.70 Applicability. (Effective Date: December 30, 1992)

Sections 5-1.70 through 5-1.79 of this Subpart shall be applicable to all public water systems, provided the systems serve 15 or more service connections or serve 25 or more persons.

5-1.71 Protection and supervision of public water systems. (Effective Date: April 6, 1987)

The supplier of water and the person or persons operating a public water system shall exercise due care and diligence in the maintenance and supervision of all sources of the public water systems to prevent, so far as possible, their pollution and depletion.
The supplier of water and the person or persons operating a water treatment plant or distribution system shall exercise due care and diligence in the operation and maintenance of these facilities and their appurtenances to ensure continued compliance with the provisions of this Subpart. Facilities approved by the State shall be operated in accordance with their design unless otherwise authorized under the provisions of sections 5-1.22, 5-1.23 or 5-1.24 of this Subpart.

5-1.72 Operation of a public water system. (Effective Date: November 1, 2006)

The supplier of water and the person or persons in charge of the operation of a public water system shall operate and maintain the public water system in such a manner to meet the requirements of this Subpart.
The person or persons in charge of operation of a public water system shall be certified pursuant to Subpart 5-4 of this Part.
Complete daily records shall be kept of the operation of a public water system on forms provided or approved by the department.
1. A copy of such records shall be sent to the State by the 10th calendar day of the next reporting period. These records shall include the results of all tests, measurements or analysis required to be made by this Subpart or as requested by the State. Other operational records shall be available for inspection by the State.
2. Systems using conventional filtration treatment or direct filtration must conduct continuous turbidity monitoring for each individual filter, as described in section 5-1.52 table 10A of this Subpart. Systems must record the results of individual filter monitoring every 15 minutes. Systems must maintain individual filter monitoring results for at least three years. Systems must report to the State that they have conducted individual filter turbidity monitoring within 10 days after the end of each month the system serves water to the public. Systems must report to the State individual filter turbidity measurement results within 10 days after the end of each month the system serves water to the public only if measurements demonstrate one or more of the following conditions, except that systems serving fewer than 10,000 persons are not required to comply with subparagraph (ii) of this paragraph:
  1. For any individual filter that has a measured turbidity level of greater than 1.0 Nephelometric Turbidity Units (NTU) in two consecutive measurements taken 15 minutes apart, the system must report the filter identification number, the turbidity measurement, and the date(s) on which the exceedance occurred. In addition, the system must either produce a filter profile for the filter within seven days of the exceedance (if the system is not able to identify an obvious reason for the abnormal filter performance) and submit the profile to the State, or report the obvious reason for the exceedance.
  2. For any individual filter that has a measured turbidity level of greater than 0.5 NTU in two consecutive measurements taken 15 minutes apart at the end of the first four hours of continuous filter operation after the filter has been backwashed or otherwise taken offline, the system must report the filter number, the turbidity, and the date(s) on which the exceedance occurred. In addition, the system must either produce a filter profile for the filter within seven days of the exceedance (if the system is not able to identify an obvious reason for the abnormal filter performance) and submit the profile to the State, or report the obvious reason for the exceedance.
  3. For any individual filter that has a measured turbidity level of greater than 1.0 NTU in two consecutive measurements taken 15 minutes apart at any time in each of three consecutive months, the system must report to the State the filter number, the turbidity measurement, and the dates on which the exceedance occurred. In addition, the system must conduct a self-assessment of the filter within 14 days of the exceedance and submit the self-assessment to the State. The self-assessment must consist of at least the following components: assessment of filter performance; development of a filter profile; identification and prioritization of factors limiting filter performance; assessment of the applicability of corrections; and preparation of a filter self-assessment report.
  4. For any individual filter that has a measured turbidity level of greater than 2.0 NTU in two consecutive measurements taken 15 minutes apart at any time in each of two consecutive months, the system must report to the State the filter number, the turbidity measurement, and the dates on which the exceedance occurred. In addition, the system must arrange for the conduct of a comprehensive performance evaluation (CPE) by the State or a third party approved by the State no later than 30 days following the exceedance, and have the evaluation completed and submitted to the State no later than 90 days following the exceedance.
3. Systems using conventional filtration treatment or direct filtration treatment must notify the State in writing by December 8, 2003, if the system recycles spent filter backwash water, thickener supernatant, or liquids from de-watering processes. This notification must include, at a minimum, the following information:
  1. A plant schematic showing the origin of all flows which are recycled (including, but not limited to, spent filter backwash water, thickener supernatant, and liquids from dewatering processes), the hydraulic conveyance used to transport them, and the location where they are reintroduced back into the treatment plant.
  2. Typical recycle flow in gallons per minute (gpm), the highest observed plant flow experienced in the previous year (gpm), design flow for the treatment plant (gpm), and the State-approved operating capacity for the plant where the State has made such determinations.
Any supplier of water of a public water system, subject to the provisions of this Subpart, shall retain at a convenient location the following records:
1. Records of microbiological analyses made pursuant to this Subpart shall be retained for at least five years and records of chemical and turbidity analyses made pursuant to this Subpart shall be retained for at least ten years. Actual laboratory reports may be kept, or data may be transferred to tabular summaries, if the following information is included:
  1. the date, place and time of sampling, and the name of the person who collected the sample;
  2. identification of the sample whether it was a routine distribution point sample, check sample, raw or process water sample or other special purpose sample;
  3. date of analyses;
  4. laboratory and person responsible for performing the analysis;
  5. the analytical technique or method used; and
  6. the results of the analyses.
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 ten years.
4. Records concerning a variance or exemption granted to the public water system shall be retained for at least five years following the expiration of such variance or exemption.
5. Copies of the records or data summaries shall be provided to any consumer of the public water system within 15 days on written request by a consumer. The supplier of water may require prepayment of a fee to cover the cost of handling and reproduction of the records and data summaries requested.
6. The supplier of water must provide the State with copies of all repeat or special total coliform sample results and all Escherichia coli (E. coli) sample results, within five days of receipt.
7. Beginning June 8, 2004, systems using conventional filtration treatment or direct filtration that recycle spent backwash water, thickener supernatant or liquids from the de-watering processes must collect the following recycle flow information:
  1. copy of the recycle notification and information submitted to the State in accordance with paragraph (c)(3) of this section;
  2. list of all recycle flows and the frequency with which they are returned;
  3. average and maximum backwash flow rate through the filters and the average and maximum duration of the filter backwash process in minutes;
  4. typical filter run length and a written summary of how filter run length is determined;
  5. the type of treatment provided for the recycle flow; and
  6. data on the physical dimensions of the equalization and/or treatment units, typical and maximum hydraulic loading rates, type of treatment chemicals used and average dose and frequency of use, and frequency at which solids are removed, if applicable.
Each community water system which serves 15 or more service connections used by year-round residents or regularly serves at least 25 year-round residents shall prepare and provide an annual water supply statement (report) to the customers it serves. The report must contain information on the quality of the water delivered by the system and characterize the risks (if any) from exposure to contaminants detected in the drinking water in an accurate and understandable manner. For the purpose of this Subpart, customers are defined as billing units or service connections to which water is delivered by a community water system.
The report shall contain such information as is required in this subdivision and any additional information required by the State, except that paragraph (7) and subparagraphs (13)(vii) through (xi) of this subdivision shall not apply to systems serving fewer than 1,000 service connections. The information required to be included in the report is described in this subdivision.
1. Information on the source of the water delivered. The report must identify the source(s) of the water delivered by the community water system by providing information on:
  1. the type of the water source (e.g., surface water, ground water); and
  2. the commonly used name (if any) and location of the body (or bodies) of water or aquifer(s).
    If the State has completed a source water assessment, the report must notify consumers of the availability of this information and the means to obtain it. The report must include a brief summary of the system's susceptibility to potential sources of contamination, using language provided by the State.
2. Definitions for Maximum Contaminant Level, Maximum Contaminant Level Goal, Maximum Residual Disinfectant Level, and Maximum Residual Disinfectant Level Goal. Each report must include the definitions set forth using the following language:
  1. Maximum Contaminant Level Goal (MCLG). The level of a contaminant in drinking water below which there is no known or expected risk to health. MCLGs allow for a margin of safety.
  2. Maximum Contaminant Level (MCL). The highest level of a contaminant that is allowed in drinking water. MCLs are set as close to the MCLGs as feasible.
  3. Maximum Residual Disinfectant Level (MRDL). The highest level of a disinfectant that is allowed in drinking water.
  4. Maximum Residual Disinfectant Level Goal (MRDLG). The level of a drinking water disinfectant below which there is no known or expected risk to health. MRDLGs do not reflect the benefits of the use of disinfectants to control microbial contaminants.
3. Definitions for variances and exemptions. A report for a community water system operating under a variance or an exemption issued under sections 5-1.90-5-1.96 of this Subpart must include the following language: Variances and Exemptions: State permission not to meet an MCL or a treatment technique under certain conditions.
4. Definitions for action level and treatment technique. A report that includes information on a contaminant that is regulated as a Treatment Technique (i.e., turbidity) or Action Level (i.e., lead, copper) must include one or both of the following statements:
  1. Treatment Technique (TT): A required process intended to reduce the level of a contaminant in drinking water.
  2. Action Level (AL): The concentration of a contaminant which, if exceeded, triggers treatment or other requirements which a water system must follow.
5. Information on detected contaminants from sampling used to determine compliance. For the purpose of this subdivision (except Cryptosporidium, Giardia, and radon monitoring), detected means: at or above the contaminant's minimum detection limit (MDL), as specified in Appendix 5-C of this Subpart or as prescribed by the State. Any contaminants specified in sections 5-1.41 (lead and copper) and 5-1.51 of this Subpart and section 5-1.52 tables 8A, 8B, 8C, 8D, 9A, 9B, 9C, 9D, 10, 10A, 11, 11A, 12, 16 and 17 of this Subpart that are detected during compliance monitoring must be displayed in one table or in several adjacent tables. Additionally, the report shall include detected monitoring results for samples collected and analyzed by the State and/or detected monitoring results of additional samples required by the State. If a system is allowed to monitor for specific contaminants less often than once a year, the table must include the date and results of the most recent sampling and the report must include a brief statement indicating that the data presented in the report are from the most recent testing done in accordance with the regulations. No data older than five years need be included. For the contaminants listed in section 5-1.52 tables 8A, 8B, 8C, 8D, 9A, 9B, 9C, 9D, 10, 10A, 11, 12, 16 and 17 of this Subpart the table(s) must contain:
  1. the State MCL for that contaminant expressed as a number equal to or greater than 1.0;
  2. the MCLG (as prescribed by the State) for that contaminant expressed in the same units as the MCL;
  3. if there is no MCL for a detected contaminant, the table must indicate that there is a treatment technique, or specify the action level, applicable to that contaminant, and the report must include the definitions for treatment technique and/or action level, as appropriate, specified in paragraph 4 of this subdivision;
  4. for contaminants subject to a MCL, except turbidity and total coliforms, the highest contaminant level used to determine compliance with this Subpart¹ and the range of detected levels, as follows:
    1. when compliance with the MCL is determined annually or less frequently: the highest detected level at any sampling point and the range of detected levels expressed in the same units as the MCL;
    2. when compliance with the MCL is determined more frequently than annually: the highest average of any of the sampling points used to determine compliance and the range of all sampling points expressed in the same units as the MCL;
    3. when compliance with the MCL is determined by calculating a running annual average of all samples taken at a sampling point: the highest average of any of the sampling points used to determine compliance and the range of all sampling points expressed in the same units as the MCL; and
    4. when compliance with the MCL is determined on a system-wide basis by calculating a running annual average of all samples at all sampling points the report must include: the average used to determine compliance and the range of detection expressed in the same units as the MCL;
      
      __________________
      ¹When rounding of results to determine compliance with the MCL is allowed by the regulations, rounding should be done prior to converting the results to the same units presented for the MCL, TT or AL.
  5. surface water and groundwater under the direct influence systems are required to include information from turbidity monitoring in the report:
    1. turbidity reported pursuant to the requirements of sections 5-1.30 and 5-1.52 table 10 of this Subpart (for systems that must install filtration but have not) include the highest monthly average. The report should include health effects language prescribed by the State;
    2. turbidity reported pursuant to the requirements of sections 5-1.30(c) and 5-1.52 table 10A of this Subpart (for systems that have met the criteria of avoiding filtration) include the highest single measurement found in any one month. The report should include an explanation of the reasons for measuring turbidity; and
    3. turbidity reported pursuant to sections 5-1.30 and 5-1.52 table 10A of this Subpart (for systems that filter and use turbidity as an indicator of filtration performance) include the highest single measurement and the lowest monthly percentage of samples meeting the turbidity limits specified in section 5-1.52 table 4A of this Subpart for the filtration technology being used. The report should include an explanation of the reasons for measuring turbidity;
  6. for lead and copper: the 90th percentile value of the most recent round of sampling, the range of detections, and the number of sampling sites exceeding the AL;
  7. for total coliform:
    1. the highest monthly number of positive samples for systems collecting fewer than 40 samples per month; or
    2. the highest monthly percentage of positive samples for systems collecting at least 40 samples per month;
  8. for E. coli: the total number of positive samples; and
  9. the likely source(s) of detected contaminants (as prescribed by the State) shall be reported.
    If a community water system distributes water to its customers from multiple hydraulically independent distribution systems that are fed by different raw water sources, the report shall include data from each separate distribution system. Alternatively, systems could produce separate reports tailored to include data for each service area. The table(s) must clearly identify any violations of MCLs or TTs and the report must contain a clear and readily understandable explanation of the violation including the duration of the violation, the potential adverse health effects, and actions taken by the system to address the violation. To describe the potential health effects, the system must use language prescribed by the State.
6. Information on non-detected contaminants from sampling used to determine compliance. Analytical test results for the contaminants listed in section 5-1.52 tables 8A, 8B, 8C, 8D, 9A, 9B, 9C, 9D, 10, 10A, 11, 12, 16 and 17 of this Subpart or additional monitoring required by the State which are not detected shall be:
  1. described in the report in a brief narrative; or
  2. presented in the report as a separate table or list.
7. Analytical results for source water samples not used to determine compliance. If the analytical results for samples of source(s) of water supply, other than those for Cryptosporidium or Giardia, used to determine compliance; or listed in section 5-1.52 tables 16 and 17 of this Subpart; are not included in the report, they shall be placed in a supplement to the report.
8. Information on Cryptosporidium, Giardia and radon. If the system has performed any monitoring for Cryptosporidium, Giardia or radon, which indicates that Cryptosporidium or Giardia may be present in the source water or the finished water or that radon may be present in finished water, the report must include:
  1. a summary of the following: sampling sites; number of tests per year; testing results; and actions taken in response to those results; and
  2. an explanation of the significance of the results.
9. Compliance with the State Sanitary Code. The report must note any violation that occurred during the year covered by the report of a requirement listed in subparagraphs (i)-(v) of this paragraph, and include a clear and readily understandable explanation of the violation, any potential adverse health effects related to the violation, and the steps the system has taken to correct the violation:
  1. monitoring and reporting and recordkeeping of compliance data;
  2. filtration and disinfection prescribed by sections 5-1.30 and 5-1.32 of this Subpart. For systems which have failed to install adequate filtration or disinfection equipment or processes, or have had a failure of such equipment or processes which constitutes a violation, the report must include language prescribed by the State;
  3. lead and copper control requirements. The report must include health effects language prescribed by the State for lead, copper, or both for systems which fail to take one or more actions prescribed by sections 5-1.40-5-1.49 of this Subpart;
  4. the report must include health effects language prescribed by the State for systems which violate the TTs specified in section 5-1.51 of this Subpart for Acrylamide and Epichlorohydrin; and
  5. violation of the terms of a variance, an exemption, or an administrative or judicial order.
10. Variances and exemptions. If a system is operating under the terms of a variance or an exemption issued under sections 5-1.90-5-1.96 of this Subpart the report must contain:
  1. an explanation of the reasons for the variance or exemption;
  2. the date on which the variance or exemption was issued;
  3. a brief status report on the steps the system is taking to install treatment, find alternative sources of water, or otherwise comply with the terms and schedules of the variance or exemption; and
  4. a notice of any opportunity for public input in the review, or renewal, of the variance or exemption.
11. Educational information. The report must contain the language of subparagraph (i) of this paragraph or alternative language approved by the State. The report also must include the language of subparagraphs (ii) through (iv) of this paragraph.
  1. The sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs, and wells. As water travels over the surface of the land or through the ground, it dissolves naturally occurring minerals and can pick up substances resulting from the presence of animals or from human activities. Contaminants that may be present in source water include microbial contaminants; inorganic contaminants; pesticides and herbicides; organic chemical contaminants; and radioactive contaminants.
  2. In order to ensure that tap water is safe to drink, the State and the EPA prescribe regulations which limit the amount of certain contaminants in water provided by public water systems. The State Health Department's and the FDA's regulations establish limits for contaminants in bottled water which must provide the same protection for public health.
  3. Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that water poses a health risk. More information about contaminants and potential health effects can be obtained by calling the Environmental Protection Agency's Safe Drinking Water Hotline (800-426-4791).
  4. Some people may be more vulnerable to disease causing microorganisms or pathogens in drinking water than the general population. Immuno-compromised persons such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people with HIV/AIDS or other immune system disorders, some elderly, and infants can be particularly at risk from infections. These people should seek advice from their health care provider about their drinking water. EPA/CDC guidelines on appropriate means to lessen the risk of infection by Cryptosporidium, Giardia and other microbial pathogens are available from the Safe Drinking Water Hotline (800-426-4791).
12. Additional health effects statements for arsenic, nitrate, lead, total trihalomethanes, and fluoride:
  1. A system which detects arsenic at levels above 5 ug/l, but less than or equal to the MCL must include in its report a short informational statement about arsenic, using language prescribed by the State.
  2. A system which detects nitrate at levels above 5 mg/l, but below the MCL must include a short informational statement about the impacts of nitrate on children using language prescribed by the State.
  3. A system which detects lead above the action level in more than 5%, and up to and including 10% of the sites sampled (or for systems sampling less than 20 sites and even one sample is above the action level) must include a short informational statement about the special impact of lead on children using language prescribed by the State.
  4. A system using only ground water or using surface water as its source and serving less than 10,000 persons, which detects TTHMs above 80 ug/l, but below 100 ug/l, as an annual average, monitored and calculated as described in Section 5-1.52 Table 3 of this Subpart, must until January 1, 2004, include health effects language prescribed by the State.
  5. A system which detects fluoride at levels above 2 mg/l, but below the MCL must include in its report an informational statement about fluoride, using language prescribed by the State.
13. Additional information. Each report must also include the items listed in subparagraphs (i)-(xii) of this paragraph:
  1. the name and address of the community water system and the public water system identification number;
  2. the name and telephone number of the owner, operator, or designee of the community water system as a source of additional information concerning the report;
  3. the telephone number of the county or district health department office which has jurisdiction over the water system;
  4. information (e.g., time and place of regularly scheduled board meetings) about opportunities for public participation in decisions that may affect the quality of the water;
  5. a brief statement explaining the number of people served by the community water system;
  6. a brief description of the types of treatment that the water received before entering the distribution system
  7. for systems that calculate water use of all customers with meters, an accounting of the total annual amount of water withdrawn, delivered, and lost from the system;
  8. a brief description of any water source restricted, removed from service, or otherwise limited in its use and any actions taken to secure new supplies or replace lost capacity;
  9. water conservation measures customers can take such as, but not limited to, retrofitting plumbing fixtures, altering irrigation timing, using irrigation sensors, leak detection, proper use of water conserving appliances, daily conscientious use of water, and the estimated savings in water and energy or money from the use of such measures;
  10. a description of any major modification completed by the water system during the reporting period to include a brief description of each and its effect on the water system, and a discussion of capital improvements needed or planned;
  11. for systems that bill their customers, the report shall include the annual average charge for water, either in annual charge per average resident user or annual charge per one thousand gallons of water delivered; and
  12. systems may also include such additional information as they deem necessary for public education consistent with, and not detracting from, the purpose of the report.
14. Information for non-English speaking residents. In communities with a large proportion of non-English speaking residents, as determined by the State, the report must contain information prescribed by the State in the appropriate language(s) expressing the importance of the report.
15. Information on unregulated contaminants. If the system was required to monitor for contaminants listed in section 5-1.52 Table 16 of this Subpart, the report must identify a person and provide the telephone number to contact for information on the monitoring results.
Report delivery and record keeping.
1. Report distribution to consumers.
  1. Each community water system must mail or otherwise directly deliver one copy of the report to each bill-paying customer by the date specified in subdivision (h) of this section.
  2. The system must make a good faith effort to reach consumers who do not get water bills, using methods prescribed by the State.
  3. Each community water system serving 100,000 or more people must post the current year's report to a publicly-accessible site on the Internet.
  4. Each community water system must make its reports available to the public upon request.
  5. If a supplement is prepared in accordance with paragraph (f)(7) of this section, the report must contain a statement that describes that the analytical results for source water samples not used to determine compliance are contained in a supplement and that the supplement is available to the customer on request. The supplement shall also be:
    1. published in a notice at least one-half page in size, in one newspaper of general circulation within the water district;
    2. made available on the Internet, along with supplements from the two prior years, if such prior supplements exist, and notice of the availability of such information on the Internet shall be clearly provided on the report and on each billing statement; or
    3. made available at all New York State documents information access centers, documents reference centers, documents depository libraries and documents research depository libraries within the water district and if no such libraries exist within the water district at a public library within the water district, and notice of the availability of the supplement at such library or libraries shall be clearly provided on the report and on each billing statement. Such supplement need not be included in the copy of the report mailed or directly delivered to each bill-paying customer.
2. Report distribution to state agencies.
  1. No later than the date the system is required to distribute the report to its customers, each community water system must mail one copy of the report and one copy of the supplement, if prepared, to the Commissioner of the State Health Department and the county or district health department office which has jurisdiction over the water system. The system must also deliver (by the first of September) to these two agencies a certification that the report has been distributed to customers, and that the information is correct and consistent with the compliance monitoring data previously submitted to the state.
  2. No later than the date the system is required to distribute the report to its customers, each community water system serving 1,000 or more service connections must deliver a copy of the report and a copy of the supplement, if prepared to the Commissioner of Environmental Conservation.
  3. Investor-owned community water systems regulated by the Public Service Commission (PSC) shall also deliver a copy of the report and a copy of any supplement prepared, to that agency.
3. Recordkeeping requirements. Any system subject to this Subpart must retain copies of the report for no less than three years.
Applicable dates.
1. All community water systems must deliver a copy the report, to its bill-paying customers and take good faith efforts to reach consumers who do not get water bills on or before May 31^st of each year.
2. Each community water system serving 100,000 or more people must post their current year's report on a publicly accessible site on the Internet by May 31^st of each year.
3. All community water systems must deliver a copy of the report and a copy of the supplement, if prepared, to the required regulatory agencies on or before May 31^st of each year.
4. A new community water system, must deliver its first report to its customers and a copy of the report and the supplement, if prepared to the required regulatory agencies by May 31^st of the year after its first full calendar year in operation and annually thereafter.
5. A community water system that sells water to another community water system, must deliver the applicable information required in paragraphs (f)(1), (5)-(10) and (13) of this section to the buyer system:
  1. by April 1^st of each year; or
  2. on a date mutually agreed upon by the seller and the purchaser, and specifically included in a contract between the parties.
6. By September 1^st, each community water system must mail a copy of the certification form to the State Health Department and the county or district health department office which has jurisdiction over the water system.

5-1.73 Water treatment plant laboratory. (Effective Date: May 27, 1998)

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

5-1.74 Approved laboratories. (Effective Date: May 26, 2004)

For determining compliance with the Subpart, results of analyses may be considered only if they have been performed by an environmental laboratory approved in accordance with Subpart 55-2 of this Title of the administrative rules and regulations of the State (10 NYCRR Part 55, Subpart 55-2). However, measurements for pH, temperature, turbidity, disinfectant residual, alkalinity, calcium, orthophosphate, bromide, chlorite, total organic carbon (TOC) concentration, dissolved organic carbon concentration, ultraviolet (UV) absorption at 254 nanometers, and silica may be performed by any person with a demonstrated ability to perform these analyses.
The owner of a water system shall require the approved environmental laboratory performing the analyses to send laboratory results directly to the department and in a manner prescribed by the department.

5-1.75 Additional sampling requirements. (Effective Date: July 3, 1991)

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

5-1.76 Monitoring of consecutive public water systems. (Effective Date: July 3, 1991)

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 approved by the State, in accordance with the provisions of section 5-1.52 of this Subpart.

5-1.77 State notification. (Effective Date: May 26, 2004)

The supplier of water shall make State notification within 24 hours of learning of the existence or potential existence of a public health hazard, or within 48 hours for any other violation or situation that may pose a risk to public health. Section 5-1.52 table 13 of this Subpart lists violations and situations that require State notification.
The information provided in a State notification shall include, but not be limited to, the following:
1. a description of the violation or situation, including the contaminant of concern, and (as applicable) the contaminant level;
2. when the violation or situation occurred;
3. what the system is doing to correct the violation or situation; and
4. when the water system expects to return to compliance.

5-1.78 Public Notification. (Effective Date: May 26, 2004)

General public notification requirements. Each owner or operator of a public water system must provide public notification for public health hazards, and for all MCL, MRDL, treatment technique, monitoring and testing procedure violations, and for other situations posing a risk to public health. Public notification requirements are divided into three tiers to take into account the seriousness of the violation or situation and any potential adverse health effects that may be involved. The form, manner, frequency, and other requirements for each tier are described in subdivisions (c)-(e) of this section. Section 5-1.52 table 13 of this Subpart lists the required public notification (Tier 1, Tier 2, or Tier 3) for specific violations and other situations posing a risk to public health.
1. Public water systems that sell or otherwise provide drinking water to other public systems (i.e. to consecutive systems) are required to give public notice to the owner or operator of the consecutive system; the consecutive system is responsible for providing public notification to the persons it serves.
2. If a public water system can show that a violation in a portion of the distribution system is physically or hydraulically isolated from other parts of the distribution system, then with written permission from the State the system may limit the notice to only persons served by that portion of the system that is out of compliance
3. The public water system, within 10 days of completing the public notification requirements under this Subpart for the initial public notification and any repeat notices, must submit to the State a certification that it has fully complied with the public notification regulations. The public water system must include with this certification a representative copy of each type of notice distributed, published, posted, and made available to the persons served by the system and to the media. Copies of public notices and certificates issued pursuant to this paragraph must be kept by the supplier of water for three years after issuance.
Content, presentation, and standard language requirements for all public notifications.
1. When a public water system has a violation or a situation posing a risk to public health, other than operating under a variance or exemption, the public notification must include the following elements:
  1. a description of the violation or situation, including the contaminant of concern, and (as applicable) the contaminant level;
  2. when the violation or situation occurred;
  3. any potential adverse health effects from the violation or situation, including the standard language under subparagraph (4)(i) or (ii) of this subdivision, whichever is applicable;
  4. the population at risk, including subpopulations particularly vulnerable if exposed to the contaminant in their drinking water;
  5. whether alternative water supplies should be used;
  6. what actions consumers should take, including when they should seek medical help, if known;
  7. what the system is doing to correct the violation or situation;
  8. when the water system expects to return to compliance;
  9. the phone number of the water system owner, operator, or designee of the public water system as a source of additional information concerning the notice;
  10. the phone number of the county or district health department which has jurisdiction over the water system; and
  11. a statement included in notices distributed by mail or direct delivery to encourage the notice recipient to distribute the public notice to other persons served, using the standard language under subparagraph (4)(iii) of this subdivision.
2. When a public water system operates under a variance or exemption, each public notice must include the following elements:
  1. an explanation of the reasons for the variance or exemption;
  2. the date on which the variance or exemption was issued;
  3. a brief status report on the steps the system is taking to install treatment, find alternative sources of water, or otherwise comply with the terms and schedules of the variance or exemption; and
  4. a notice of any opportunity for public input in the review of the variance or exemption.
3. Notice presentation. Each public notice required by this section:
  1. must be displayed in a conspicuous way (where applicable);
  2. must not contain overly technical language or very small print;
  3. must not be formatted in a way that defeats the purpose of the notice;
  4. must not contain language which nullifies the purpose of the notice; and
  5. must contain information for non-English speaking consumers, where appropriate. For systems serving a large proportion of non-English speaking consumers, as determined by the State, the notice must contain information prescribed by the State in the appropriate language(s) expressing the importance of the notice.
4. Standard Language.
  1. Mandatory health effects language must be included in the notification for MCL and MRDL violations, treatment technique violations, and violations of the condition of a variance or exemption. The mandatory health effects language will be developed by the Department and provided to the supplier of water by the State.
  2. Standard language for monitoring and testing procedure violations. Public water systems must include the following language in their notice, including the language necessary to fill in the blanks, for all monitoring and testing procedure violations listed in section 5-1.52 table 13 of this Subpart: We are required to monitor your drinking water for specific contaminants on a regular basis. Results of regular monitoring are an indicator of whether or not your drinking water meets health standards. During (compliance period), we "did not monitor or test" or "did not complete all monitoring or testing" for (contaminant(s)), and therefore cannot be sure of the quality of your drinking water during that time.
  3. Standard language to encourage distribution of the public notice to all persons served, when the notice is distributed by mail or direct delivery: Please share this information with all the other people who drink this water, especially those who may not have received this notice directly (for example, people in apartments, nursing homes, schools, and businesses). You can do this by posting this notice in a public place or distributing copies by hand or mail.
Tier 1 notification requirements (public health hazards, as defined in subdivision 5-1.1(aw) of this Subpart, require Tier 1 notification). The supplier of water must:
1. provide public notification no later than 24 hours after the system learns of a public health hazard;
2. initiate consultation with the State no later than 24 hours after the public water system learns of the public health hazard, and comply with any additional notification requirements established as a result of the consultation (including using additional forms of delivery for the initial notification, the duration of the posted notices, or any repeat notices);
3. notify by telephone the chief administrative or elected official of the city, village or town, wherein the public water system is located, and the local law enforcement department having jurisdiction in the area served by the public water system, that a public health hazard exists. If there is a potential for the public health hazard to cross political boundaries, all potentially impacted chief administrative or elected officials and local law enforcement departments in the political subdivisions, served by the public water system, must also be notified; and
4. provide the notice in a form and manner reasonably calculated to reach all persons served (including residential, transient, and non-transient users) in the required time period. Water systems are to use one or more of the following forms of delivery:
  1. appropriate broadcast media (such as radio and television);
  2. posting of the notice in conspicuous locations throughout the area served by the water system;
  3. hand delivery of the notice to persons served by the water system; or
  4. another delivery method approved in writing by the State
Tier 2 notification requirements (section 5-1.52 table 13 of this Subpart lists violations and situations that require Tier 2 notification).
1. The supplier of water must provide public notification no later than 30 days after the system learns of a violation or situation that requires Tier 2 notification. If the public water system corrects the violation within 30 days, the State may allow additional time for the initial notice of up to three months from the date the system learns of the violation.
2. The supplier of water must repeat the notice every three months as long as the violation or situation persists. If the public notice is posted, the notice must remain in place as long as the violation or situation persists, but in no case less than seven days.
3. For the turbidity violations or exceedances specified in subparagraphs (i)-(iii) of this paragraph, the supplier of water must consult with the State no later than 24 hours after the public water system learns of the violation or exceedance to determine whether a Tier 1 notification is required to protect public health. When consultation does not take place within the 24 hour period, the water system must distribute a Tier 1 notification no later than 48 hours after the system learns of the violation or exceedance. Consultation with the State is required for:
  1. a violation of the two day average maximum allowable turbidity at the entry point pursuant to section 5-1.52 table 4 of this Subpart;
  2. a violation resulting from a single exceedance of the maximum allowable turbidity for filter effluent pursuant to section 5-1.52 table 4A of this Subpart; and
  3. a single raw water turbidity exceedance of 5 NTU for systems operating under the avoidance criteria in subdivision 5-1.30(c) of this Subpart.
4. The supplier of water must provide the notice in a form and manner reasonably calculated to reach all persons served in the required time period.
  1. Unless directed otherwise by the State in writing, community water systems must provide notice by: mail or other direct delivery to each customer receiving a bill, and to other service connections to which water is delivered by the public water system; and by any other method reasonably calculated to reach other persons regularly served by the system if they would not normally be reached by mail or direct delivery.
  2. Unless directed otherwise by the State in writing, non-community water systems must provide notice by posting the notice in conspicuous locations, and by any other method(s) reasonably calculated to reach other persons served by the system if they would not normally be reached by posting.
Tier 3 notification requirements (section 5-1.52 table 13 of this Subpart lists violations and situations that require Tier 3 notification).
1. The supplier of water for community and non-transient noncommunity water systems must provide public notification no later than one year after the system learns of a violation or situation that requires Tier 3 notification. The supplier of water for transient noncommunity water systems must provide public notification no later than 30 days after the system learns of a violation or situation that requires Tier 3 notification. If the public water system operates seasonally, the public notification must also be provided before the system closes for the season.
2. The supplier of water must repeat the notice annually for as long as the violation or situation persists. If the public notice is posted, the notice must remain in place as long as the violation or situation persists, but in no case less than seven days.
3. The supplier of water may use a single public notice for multiple violations or situations that require Tier 3 notification, as long as the timing requirements of paragraph (1) of this subdivision are met. Community water systems may use the annual water supply statement (report) (see subdivisions 5-1.72(e) - (h) of this Subpart) to provide Tier 3 notification.
4. The supplier of water must provide the initial notice and any repeat notices in a form and manner reasonably calculated to reach all persons served in the required time period.
  1. Unless directed otherwise by the State in writing, community water systems must provide notice by: mail or other direct delivery to each customer receiving a bill, and to other service connections to which water is delivered by the public water system; and by any other method reasonably calculated to reach other persons served by the system if they would not normally be reached by mail or direct delivery.
  2. Unless directed otherwise by the State in writing, non-community water systems must provide notice by posting the notice in conspicuous locations, and by any other method(s) reasonably calculated to reach other persons served by the system if they would not normally be reached by posting.
Notice to new billing units or new customers. Community water systems must give a copy of the most recent public notice for any continuing violation, the existence of a variance or exemption, or other ongoing situations requiring a public notice to all new billing units or new customers prior to or at the time service begins.
Information on unregulated contaminants. Nontransient noncommunity water systems that are required to monitor for contaminants listed in section 5-1.52 table 16, must post a notice that identifies a person and telephone number to contact for information on the monitoring results. The notice must be posted in conspicuous locations and no later than 12 months after the results are known.
Notice by the State on behalf of the public water system. The State may make public notification if the State determines that the public's interest will be best served, or if the State determines that the supplier of water is not acting or cannot act in a timely manner. The State may charge and collect from the supplier of water the cost of making such notification. However, the supplier of water remains legally responsible for ensuring that the requirements of this section are met.

5-1.79 Multiple distribution systems. (Effective Date: January 6, 1993)

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

the separate sources are the same source type, with:
1. the ground water sources located in the same aquifer area; or
2. the surface water intakes located in the same water body and the intakes at the same approximate depth and location;
the water supply system or facility is owned and operated by the same person(s);
the water supply system or facility is operated for the same purposes and for the same time period; and
the water supply system or facility serves 25 or more people or 15 or more service connections.

Variances and Exemptions

5-1.90 Variance from a maximum contaminant level. (Effective Date: May 27, 1998)

The supplier of water may request, and the department may grant, one or more variances from an MCL contained in sections 5-1.51 5-1.52 tables 1, 3, 5 and 7 of this Subpart to any public water system based on 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 MCL despite application of the best available 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.
At the time of the granting of the variance, the department shall prescribe, and the supplier of water shall follow, a schedule for:
1. compliance, including increments of progress, to meet each MCL covered by the variance; and
2. implementation of such control measures as the department may require.
The supplier of water may request and the department may grant a variance from the MCL for total coliform if the supplier of water demonstrates that the violation of the total coliform MCL is the result of a persistent growth of total coliform in the distribution system and not the result of fecal or pathogenic contamination, a treatment lapse or deficiency or a problem in the operation and maintenance of the distribution system.

5-1.91 Variance from required use of any specified treatment technique. (Effective Date: November 1, 2006)

The supplier of water may request, and the department may grant, one or more variances from any treatment technique requirement, except filtration and disinfection, in accordance with section 5-1.30(b), (c) and (g) of this Subpart on a finding that such treatment technique is not necessary to protect the health of persons served by the public water system because of the raw water source or sources of such system.
As a condition to the grant of a variance under subdivision (a) of this section, the supplier of water shall perform monitoring and other requirements as prescribed by the department.
Notwithstanding subdivisions (a) and (b) of this section, section 5-1.30 of this Subpart shall govern the conditions under, and the manner which, a waiver of mandatory disinfection treatment for a ground water source may be granted.

The technologies listed in this section are the best technology, treatment techniques, or other means available for achieving compliance with the maximum contaminant levels for organic chemicals listed in section 5-1.52 table 3 of this Subpart:

Best Available Technologies (BATs)
Contaminant	Best Available Technologies
Contaminant	PTA¹	GAC²	OX³
Benzene	X	X
Carbon tetrachloride	X	X
1,2-Dichloroethane	X	X
Trichloroethylene	X	X
para-Dichlorobenzene	X	X
1,1-Dichloroethylene	X	X
1,1,1-Trichloroethane	X	X
Vinyl chloride	X
cis-1,2-Dichloroethylene	X	X
1,2-Dichloropropane	X	X
Ethylbenzene	X	X
Monochlorobenzene	X	X
o-Dichlorobenzene	X	X
Styrene	X	X
Tetrachloroethylene	X	X
Toluene	X	X
trans-1,2-Dichloroethylene	X	X
Xylenes (total)	X	X
Alachlor		X
Aldicarb		X
Aldicarb sulfoxide		X
Aldicarb sulfone		X
Atrazine		X
Carbofuran		X
Chlordane		X
Dibromochloropropane	X	X
2,4-D		X
Ethylene dibromide	X	X
Heptachlor		X
Heptachlor epoxide		X
Lindane		X
Methoxychlor		X
PCBs		X
Pentachlorophenol		X
Toxaphene		X
2,4,5-TP		X
Benzo(a)pyrene		X
Dalapon		X
Dichloromethane	X
Di(2-ethylhexyl)adipate	X	X
Di(2-ethylhexyl)phthalate		X
Dinsoeb		X
Endothal		X
Endrin		X
Glyphosate			x
Hexachlorobenzene		X
Hexachlorocyclopentadiene	X	X
Oxamyl (Vydate)		X
Picloram		X
Simazine		X
1,2,4-Trichlorobenzene	X	X
1,1,2-Trichloroethane	X	X
2,3,7,8-TCDD (Dioxin)		X
TTHMs		x⁴
HAAs		x⁴
¹Packed Tower Aeration ²Granular Activated Carbon ³Oxidation (Chlorination or Ozonation) ⁴GAC10, as defined in section 5-1.1 of this Subpart. The other best available technology for TTHM and HAA MCL compliance is enhanced coagulation for TTHM and HAA precursor removal, as described in section 5-1.60 of this Subpart .

The following are the best technology, treatment techniques, or other means available for achieving compliance with the maximum contaminant levels for the inorganic chemicals listed in section 5-1.52 table 1 and 7 of this Subpart:

Chemical Name	Best Available Technologies
Antimony	2,7
Arsenic⁵	1,2,5,6,7,9,13⁶
Asbestos	2,3,8
Barium	5,6,7,9
Beryllium	1,2,5,6,7
Cadmium	2,5,6,7
Chromium	2,5,6²,7
Cyanide	5,7,10
Fluoride	1,7
Mercury	2¹,4,6¹,7¹
Nickel	5,6,7
Nitrite	5,6,9
Nitrate	5,7
Selenium	1,2³,6,7,9
Thallium	1,5
Gross alpha	7
Combined radium (226 and 228)	5,6,7
Uranium	5,6,7,12⁴
Beta particle and photon activity	5,7
¹BAT only if influent Hg concentrations <=10 ug/L. ²BAT for Chromium III only. ³BAT for Selenium IV only. ⁴Assumes that the system already has coagulation/filtration in place. ⁵BATs for Arsenic V. Pre-oxidation may be required to convert Arsenic III to Arsenic V. ⁶To obtain high removals, iron to arsenic ratio must be at least 20:1. Key to Best Available Technologies in Table 1 = Activated Alumina 2 = Coagulation/Filtration (not BAT for systems < 500 service connections) 3 = Direct and Diatomite Filtration 4 = Granular Activated Carbon 5 = Ion Exchange 6 = Lime Softening (not BAT for systems < 500 service connections) 7 = Reverse Osmosis 8 = Corrosion Control 9 = Electrodialysis 10 = Chlorine 11 = Ultraviolet 12 = Enhanced coagulation/filtration 13 = Oxidation/Filtration

The following are the affordable technologies, treatment techniques, or other means available to systems serving 10,000 persons or fewer for achieving compliance with the MCL for arsenic as listed in section 5-1.52 table 1 of this Subpart:

Small system compliance technology¹	Affordable for listed small system categories²
Activated Alumina (centralized)	All size categories
Activated Alumina (Point-of-Use)³	All size categories
Coagulation/Filtration⁴	501-3,300, 3,301-10,000
Coagulation-assisted Microfiltration	501-3,300, 3,301-10,000
Electrodialysis reversal⁵	501-3,300, 3,301-10,000
Enhanced coagulation/filtration	All size categories
Enhanced lime softening (pH > 10.5)	All size categories
Ion Exchange	All size categories
Lime Softening⁴	501-3,300, 3,301-10,000
Oxidation/Filtration⁶	All size categories
Reverse Osmosis (centralized)⁵	501-3,300, 3,301-10,000
Reverse Osmosis (Point-of-Use)³	All size categories
¹Small System Compliance Technologies for Arsenic V. Pre-oxidation may be required to convert Arsenic III to Arsenic V. ² The Act (ibid.) specifies three categories of small systems: (i) those serving 25 or more, but fewer than 501, (ii) those serving more than 500, but fewer than 3,301, and (iii) those serving more than 3,300, but fewer than 10,001. ³When point-of-use or point-of-entry devices are used for compliance, programs to ensure proper long-term operation, maintenance, and monitoring must be provided by the water system to ensure adequate performance. ⁴Unlikely to be installed solely for arsenic removal. May require pH adjustment to optimal range if high removals are needed. ⁵May not be appropriate for areas where water quantity may be an issue. ⁶To obtain high removals, iron to arsenic ratio must be at least 20:1.

The community water systems and nontransient noncommunity water systems must install and/or use any treatment method identified in subdivisions (d) and (e) of this section as a condition for granting a variance except as provided in subdivision (g) of this section. If after the system's installation of the treatment method, the system cannot meet the MCL, that system shall be eligible for a variance.
If a system can demonstrate through comprehensive engineering assessments, which may include pilot plant studies, that the treatment methods identified in subdivisions (d) and (e) of this section would only achieve a de minimis reduction in contaminants, the State may issue a schedule of compliance that requires the system being granted the variance to examine other treatment methods as a condition of obtaining the variance.
If the State determines that a treatment method identified in subdivision (f) of this section is technically feasible, the State may require the system to install and/or use that treatment method in connection with a compliance schedule. The State's determination shall be based upon studies by the system and other relevant information.

5-1.92 Exemption from a maximum contaminant level or any treatment technique requirement. (Effective Date: May 27, 1998)

The supplier of water may request, and the department may grant, one or more exemptions from any treatment technique requirement, except for disinfection of a surface water source, and/or any MCL, except for total coliform or Escherichia coli (E. coli). Exemptions may be granted to any public water system based on a finding that:
1. because of compelling factors which may include economic factors, the public water system is unable to comply with such MCL or treatment technique requirement;
2. the public water system was in operation on the effective date of such MCL or treatment technique requirement; and
3. the granting of an exemption will not result in an unreasonable risk to health.
Exemptions, if granted, will be issued with a mandatory compliance strategy to include but not be limited to the following:
1. a specific time which to achieve compliance, including increments of progress to meet the MCL or treatment technique covered by the exemption;
2. control measures as the department may require to ensure the public health; and
3. appropriate modifications and/or improvements to the existing system or facility as may be necessary for the system or facility to fully conform to the requirements of this Subpart.
Such schedule prescribed by the department pursuant to subdivision (b) of this section shall require compliance with each MCL or treatment technique requirement no later than twelve months after the issuance of the exemption.
The final date for compliance provided in any schedule in the case of any exemption may be extended by the State for a period not to exceed three years after the date of the issuance of the exemption if the public water system establishes that:
1. the system cannot meet the standard without capital improvements which cannot be completed within the period of such exemption;
2. in the case of a system which needs financial assistance for the necessary improvements, the system has entered into an agreement to obtain such financial assistance; or
3. the system has entered into an enforceable agreement to become a part of a regional public water system and the system is taking all practical steps to meet the standard.
In the case of a system which does not serve more than 500 service connections and which needs financial assistance for the necessary improvements, an exemption granted under paragraph (a)(1) or (2) of this section may be renewed for one or more additional two-year periods if the system establishes that it is taking all practical steps to meet the requirements of subdivision (a) of this section.

5-1.93 Variance or exemption requests. (Effective Date: March 11, 1992)

All requests for a variance or an exemption shall be in a form prescribed by and submitted in writing to the department. Suppliers of water may submit a joint request for variances or exemptions when they seek similar variances or exemptions under similar circumstances. The department 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.
Requests for exemptions to the filtration requirements outlined in section 5-1.30(b) of this Subpart must be made by June 29, 1992, except for systems with ground water sources determined to be directly influenced by surface water. For systems with ground water sources directly influenced by surface water the request for an exemption must be submitted no later than six months after notification of the determination of direct influence. Before an exemption to a filtration requirement can be granted, the supplier of water must demonstrate to the department that the granting of the exemption will not pose an unreasonable risk to public health and that the system is in compliance with sections 5-1.30(c)(5), (c)(8), (g) and 5-1.52 tables 3, 6, 9, and 11 of this Subpart.
Systems with unfiltered surface water sources or ground water sources directly influenced by surface water must have a disinfection capability that achieves at least 99 percent inactivation of Giardia lamblia cysts before an exemption to a filtration requirement can be granted.

5-1.94 Notice and opportunity for public hearing. (Effective Date: May 27, 1998)

Before a variance proposed to be granted by the department under section 5-1.90 or 5-1.91 of this Subpart may take effect, the department 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.
Before a compliance or implementation schedule prescribed by the department pursuant to the granting of a variance under section 5-1.90 of this Subpart or an exemption under section 5-1.92 of this Subpart may take effect, the department 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.
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 department within 15 days after issuance of such public notice.
Notice of public hearings to be held pursuant to request submitted by an interested person or on the department's own motion shall be given not less than 15 days before the time scheduled for the hearing, in a form and manner to be prescribed by the department. Notices of public hearing shall be circulated in a manner designed to inform interested persons of the hearing.
If no timely request for hearing is submitted and the department 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 department shall take an action with respect to such proposed variance or schedule within 30 days after the end of the public hearing.

5-1.96 Enforceability of final schedule prescribed pursuant to granting of variance or exemption. (Effective Date: May 27, 1998)

Once a schedule prescribed pursuant to the granting of a variance under section 5-1.90 of this Subpart or an exemption under section 5-1.92 of this Subpart has become final pursuant to section 5-1.94(e) of this Subpart, the conditions or requirements of any such schedule shall be enforceable, on 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.

Separability

5-1.100 Separability. (Effective Date: June 24, 1977)

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.

New York State

Department of Health

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Part 5, Subpart 5-1 Public Water Systems

SUBPART 5-1

PUBLIC WATER SYSTEMS

General Provisions

Sources of Water Supply

Planning, Siting Treatment and Aprpoval

Control of Copper and Lead in Drinking Water

Public Water Systems; Maximum Contaminant Levels; Monitoring Requirements; Notifications Required

Monitoring and Control of Disinfection Byproduct Precursors

Operation and Quality Control

Variances and Exemptions

Separability

New York State

Department of Health

Search

Site Contents

Part 5, Subpart 5-1 Public Water Systems

SUBPART 5-1PUBLIC WATER SYSTEMS

General Provisions

Sources of Water Supply

Planning, Siting Treatment and Aprpoval

Control of Copper and Lead in Drinking Water

Public Water Systems; Maximum Contaminant Levels; Monitoring Requirements; Notifications Required

Monitoring and Control of Disinfection Byproduct Precursors

Operation and Quality Control

Variances and Exemptions

Separability

SUBPART 5-1

PUBLIC WATER SYSTEMS