NY Pub Health L § 1112 (2021)
2021 New York Laws PBH - Public Health Article 11 - Public Water Supplies; Sewerage and Sewage Control Title 1 - Potable Waters 1112 - Emerging Contaminant Monitoring.

§  1112.  Emerging  contaminant  monitoring.  1.  Industry  and modern technology have created  thousands  of  new  chemicals  that  would  not otherwise  exist in nature. Although some of these chemicals have proven benefits, the effect of many such chemicals on human health  is  unknown or  not  fully  understood. Furthermore, with the advance of science and technology, public health scientists and experts are  able  to  identify naturally occurring contaminants that pose previously unknown hazards to human  health.  Where  these  chemicals  or  contaminants,  collectively referred to as "emerging contaminants," enter drinking  water  supplies, they can present unknown but potentially serious risks to public health. New  Yorkers served by public water supplies have the right to know when potentially hazardous substances contaminate their  drinking  water  and the  department  must be equipped to monitor and protect the public from these emerging contaminants.   2. a. "Emerging  contaminants"  shall  mean  any  physical,  chemical, microbiological   or   radiological  substance  listed  as  an  emerging contaminant pursuant to subdivision three of this section.   b. "Notification level" means the concentration level of  an  emerging contaminant  in  drinking  water  that  the commissioner has determined, based on available scientific information, warrants public  notification and  may  require  actions,  which  may  include enhanced monitoring and activities to reduce exposure, pursuant to this section.   c. "Covered public water system" shall mean: (i) a public water system that serves  at  least  five  service  connections  used  by  year-round residents or regularly serves at least twenty-five year-round residents; or (ii) a public water system that regularly serves at least twenty-five of  the  same  people, four hours or more per day, for four or more days per week, for twenty-six or more weeks per year.   3. a. The commissioner shall promulgate regulations  to  identify  and list  substances  as  emerging  contaminants  that  meet  the  following criteria:  (i) are not subject to any  other  substance-specific  drinking  water regulation  of  the  department  that  establishes a maximum contaminant level, maximum residual disinfectant level, or action level;  (ii) are known or anticipated to occur in public water systems; and  (iii) because of their quantity, concentration, or physical,  chemical or  infectious characteristics, may cause physical injury or illness, or otherwise pose a potential  hazard  to  human  health  when  present  in drinking water.   b.  In  determining  what  substances  shall  be  listed  as  emerging contaminants the commissioner shall, at a minimum, consider:  (i) unregulated contaminants monitored pursuant to  the  federal  Safe Drinking Water Act (42 U.S.C. § 300g-1) as amended from time to time;  (ii)  substances that require regulation or monitoring when present in drinking water in other jurisdictions outside the state of New York;  (iii) pesticide chemicals for which the  United  States  environmental protection agency has set human health benchmarks for drinking water;  (iv) substances found at sites in remedial programs located inside and outside  the  state  of  New York, including but not limited to inactive hazardous waste sites; and  (v)  recommendations  from  the   drinking   water   quality   council established pursuant to section eleven hundred thirteen of this title.   c.  The  commissioner  shall,  at  a  minimum,  include  the following chemicals   identified   as    emerging    contaminants:    1,4-dioxane; perfluorooctanesulfonic acid; and perfluorooctanoic acid.   d.  The commissioner shall by regulation remove any substance from the list of emerging contaminants upon adopting a maximum contaminant  level for such substance.    4. Every covered public water system shall test drinking water for the presence  of  emerging  contaminants  at  least  once  every three years pursuant to a schedule determined by the department through regulation.   5.  Every  test  conducted  in  accordance  with this section shall be conducted by a  laboratory  certified  by  the  department  pursuant  to section five hundred two of this chapter. Laboratories shall submit such results electronically to the department, to any other health department with  jurisdiction  over  the  covered  public  water system, and to the covered public water  system,  in  the  manner  prescribed  pursuant  to section five hundred two of this chapter.   6.   The   commissioner   shall  promulgate  regulations  establishing notification levels for any  emerging  contaminant  listed  pursuant  to subdivision  three  of  this section. Any notification level established pursuant to this subdivision shall be equal to or lower than any federal lifetime health advisory level established pursuant to the federal  Safe Drinking  Water  Act (42 U.S.C. § 300g-1). If no federal lifetime health advisory level has been established, the  commissioner  shall  establish notification levels based upon the available scientific information, and may  take  into  consideration  recommendations  of  the  drinking water quality council established pursuant to section eleven hundred  thirteen of  this title. Such notification levels shall be made easily accessible to the public through a link that is posted on the department's  website and updated regularly.   7. Notwithstanding subdivision three of this section, the commissioner may,  by  declaration,  add  any  physical, chemical, microbiological or radiological substance to the list of emerging contaminants  established pursuant  to subdivision three of this section, establish a notification level, and require testing  for  such  substance,  if  the  commissioner determines that: (i) such substance poses or has the potential to pose a significant  hazard to human health when present in drinking water; (ii) such substance was recently detected in a public water  system  and  has the  potential to be present in other public water systems; and (iii) it appears to be prejudicial to the interests of the people to delay action by preparing and filing regulations. The  commissioner  shall,  however, promulgate   regulations   adding   such  new  emerging  contaminant  or establishing  such  notification  level  within   one   year   of   such declaration.  Such declaration shall clearly state where and the date by which such  testing  must  occur.  After  the  commissioner  promulgates regulations  adding  such  emerging  contaminant, such regulations shall supersede the declaration issued pursuant  to  this  subdivision.  Until such notification levels are posted on the department's website pursuant to  subdivision  six  of  this  section, the commissioner shall post the notification levels established by declaration on such website  so  that they are easily accessible through a link to the public.   8.  Whenever  one  or  more  emerging  contaminants is confirmed to be present in drinking water at concentrations at or above  a  notification level established pursuant to this section:   a.  the covered public water system shall notify the department within twenty-four hours;   b. the covered public water system shall notify  all  owners  of  real property  served by the covered public water system in a time and manner to be prescribed by the department, provided  that  in  no  event  shall notification  occur  more  than  ninety  days  after  the presence of an emerging contaminant at concentrations at or above a notification  level established pursuant to this section is confirmed;   c.  the  commissioner may directly notify such owners of real property if it is determined that the public's interest would be best  served  by  such  notification,  or  if the commissioner determines that the covered public water system is not acting, or cannot act in a timely manner;   d.  the  commissioner may require that the covered public water system take such actions as may be appropriate to reduce exposure  to  emerging contaminants.  If  the commissioner determines that the concentration of the emerging contaminant constitutes an actual or  potential  threat  to public  health,  based on the best available scientific information, the commissioner shall consult with the commissioner of  the  department  of environmental  conservation  regarding  any  further  action that may be appropriate, including but not limited  to  actions  pursuant  to  title twelve of article twenty-seven of the environmental conservation law.   9.  The  commissioner shall work in consultation with the commissioner of the department of environmental conservation to  develop  educational materials,  and  may  take  into  consideration  recommendations  of the drinking water quality council established pursuant  to  section  eleven hundred thirteen of this title. Such educational materials shall be made available  through  a  link  on  the department's website that is easily accessible to the covered public water system and  the  general  public, relating to methodologies for reducing exposure to emerging contaminants and  potential  actions  that  may  be  taken  to  mitigate or remediate emerging contaminants. Such link shall also include information relating to  notification  levels  established   by   declaration   pursuant   to subdivision  seven  of  this  section  and  by  regulation  pursuant  to subdivision six of this section. The commissioner shall coordinate  with the  United  States  Environmental  Protection Agency to ensure that the information available on the  EPA's  Drinking  Water  Watch  website  is available  to public water systems and that information available on the EPA's Safe Drinking Water Information System is available to the  public through  an  easily  accessible  link  on  the department's website. The website and such links shall  allow,  to  the  extent  practicable,  the public  to easily access information including but not limited to, basic water system information, including system identification  number,  name and   type,   department   contacts,   public  notices,  violations  and enforcement actions taken by  the  state  and  federal  government.  The website  and  such links shall be monitored and updated regularly by the department. The commissioner shall also provide the covered public water system with information relating to potential funding  sources  provided by   the  state  and  federal  government  for  mitigation  or  remedial activities, and to reduce the exposure to emerging contaminants.   10. Any owner of real property, including any owner's agent, to whom a covered public water system has provided notification of the  exceedance of  a notification level established pursuant to subdivision six of this section, shall take all  reasonable  and  necessary  steps  to  provide, within ten days, any tenants with copies of the notification provided by the covered public water system.   11.  The commissioner may promulgate regulations pursuant to which the department may provide financial  assistance  for  compliance  with  the testing requirements of this section, to any covered public water system upon  a showing that the costs associated with testing drinking water in compliance with this section would impose  a  financial  hardship.  Such regulations   shall,   when   prioritizing   public  water  systems  for eligibility for financial assistance, incorporate provisions  that  give preference  to  public  water  systems  serving  less  than ten thousand individuals.   12. The commissioner shall periodically review  substances  that  have been  identified  as  emerging contaminants pursuant to this section and determine if the department should establish a maximum contaminant level  for the substance. Such review shall occur, at  a  minimum,  once  every three years.