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New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 5 - Drinking Water Supplies › Subpart 5-1 - Public Water Systems › Monitoring and Control of Disinfection Byproduct Precursors › Section 5-1.61 - Monitoring requirements for disinfection byproduct precursors

Current through Register Vol. 46, No. 28, July 10, 2024
Monitoring for Disinfection byproduct precursors shall be
						in accordance with the following table.
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New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 5 - Drinking Water Supplies › Subpart 5-1 - Public Water Systems › Monitoring and Control of Disinfection Byproduct Precursors › Section 5-1.62 - Alternative compliance criteria for enhanced coagulation

Current through Register Vol. 46, No. 28, July 10, 2024
Systems may use one of the following alternative
						compliance criteria instead of enhanced coagulation. Systems using the
						alternative compliance criteria shall still comply with the monitoring
						requirements stated in section
						5-1.61 
						of this Subpart.
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						to view image
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 5 - Drinking Water Supplies › Subpart 5-1 - Public Water Systems › Monitoring and Control of Disinfection Byproduct Precursors › Section 5-1.63 - Enhanced coagulation performance requirements

Current through Register Vol. 46, No. 28, July 10, 2024
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.
(a)
					 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 Groundwater Under the
						Direct Influence of Surface Water that Use Conventional Filtration
						Treatment
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
(b) 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:
(i) determine actual monthly TOC percent
					 removal, equal to: (1 - (treated water TOC/source water TOC) * 100;
(ii) determine the required monthly TOC
					 percent removal from either subdivision (a) or (d) of this section;
(iii) divide the value in subparagraph (i) of
					 this paragraph by the value in subparagraph (ii) of this paragraph;
(iv) add together the results of subparagraph
					 (iii) of this paragraph for the last 12 months and divide by 12;
(v) 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.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 5 - Drinking Water Supplies › Subpart 5-1 - Public Water Systems › Monitoring and Control of Disinfection Byproduct Precursors › Section 5-1.64 - Operational evaluation levels

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If a
					 system exceeds the operational evaluation level at any monitoring location when
					 the sum of the two previous quarters' TTHM results plus twice the current
					 quarter's TTHM result, divided by 4 to determine the average, exceeds 0.080
					 mg/L, or when the sum of the two previous quarters' HAA5 results plus twice the
					 current quarter's HAA5 result, divided by 4 to determine the average, exceeds
					 0.060 mg/L.
(b) If a system exceeds
					 the operational evaluation level, it shall conduct an operational evaluation
					 and submit a written report of the evaluation to the State no later than 90
					 days after being notified of the analytical result that caused the exceedance
					 of the operational evaluation level. The written report shall be made available
					 to the public upon request.
(c) The
					 operational evaluation shall include an examination of the operational
					 practices for system treatment(s) and the distribution system, including
					 storage tank operations, excess storage capacity, distribution system flushing,
					 changes in sources or source water quality, and treatment changes or problems
					 that may contribute to TTHM and HAA5 formation and what steps could be
					 considered to minimize future exceedances.
(1)
					 A system may request, and the State may allow, limiting the scope of the
					 evaluation if the system is able to identify the cause of the operational
					 evaluation level exceedance.
(2)
					 The request to limit the scope of the evaluation does not extend the schedule
					 in subdivision (b) of this section for submitting the written report. The State
					 shall approve this limited scope of evaluation in writing, and the system shall
					 keep that approval with the completed report.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 5 - Drinking Water Supplies › Subpart 5-1 - Public Water Systems › Monitoring and Control of Disinfection Byproduct Precursors › Section 5-1.65 - Best available technologies (BATs) for disinfection byproduct control

Current through Register Vol. 46, No. 28, July 10, 2024
The following is a table of the best available
						technology, treatment techniques, or other means available for achieving
						compliance with the maximum contaminant levels for Bromate, Chlorite, TTHM and
						HAA5, for public water systems that disinfect their source water.
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New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 5 - Drinking Water Supplies › Subpart 5-1 - Public Water Systems › Operation and Quality Control › Section 5-1.70 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
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.
						Sections
						5-1.71(c)
						and (d),
						5-1.72(c),
						and 5- 1.78(a)(4) of this Part apply to all public water
						systems.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 5 - Drinking Water Supplies › Subpart 5-1 - Public Water Systems › Operation and Quality Control › Section 5-1.71 - Protection and supervision of public water systems

Current through Register Vol. 46, No. 28, July 10, 2024
(a) 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.
(b) 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 general
					 accordance with their design unless otherwise authorized under the provisions
					 of section
					 5-1.22,
					 5-1.23 or
					 5-1.24 
					 of this Subpart.
(c) If the State
					 notifies the supplier of water that a significant deficiency exists, the
					 supplier of water shall consult with the State within 30 days regarding
					 corrective action. Within 120 days of being notified that a significant
					 deficiency exists (or earlier if the State determines that action is necessary
					 to protect public health), the supplier of water shall correct the significant
					 deficiency or be in compliance with a corrective action plan to correct the
					 deficiency. The corrective action plan must specify appropriate modifications
					 and/or improvements to the existing system or facility as may be necessary to
					 fully conform to the requirements of this Subpart.
(d) Any significant deficiency that is not
					 corrected or where correction has not begun according to a corrective action
					 plan prepared to meet the requirements of this code, within 120 days, or as
					 directed by the State, is a treatment technique violation and must be addressed
					 in accordance with the requirements in section
					 5-1.12 
					 of this Subpart. If the deficiency is a public health hazard, the deficiency
					 must be addressed as directed or approved by the State and tier 1 notification
					 is required.
(e) Public water
					 systems shall correct sanitary defects found through a Level 1 or 2 assessment.
					 For corrections that have not been completed at the time that the assessment
					 form is submitted the system shall complete the corrective action(s) within 120
					 days of identifying the sanitary defect or be in compliance with a timeframe
					 approved by the State in consultation with the system. The system shall notify
					 the State when each scheduled corrective action is
					 complete.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 5 - Drinking Water Supplies › Subpart 5-1 - Public Water Systems › Operation and Quality Control › Section 5-1.73 - Water treatment plant laboratory

Current through Register Vol. 46, No. 28, July 10, 2024
Every supplier of water shall provide, or have available
						environmental laboratory facilities approved by the New York State
						Environmental Laboratory Approval Program (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.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 5 - Drinking Water Supplies › Subpart 5-1 - Public Water Systems › Operation and Quality Control › Section 5-1.74 - Approved laboratories

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For
					 determining compliance with this Subpart, results of analyses, except for
					 parameters listed in section 5-1.74(b), may be considered only if they have
					 been performed by an environmental laboratory approved in accordance with
					 Subpart 55-2 of this Title.
(b)
					 Measurements for pH, temperature, conductivity, turbidity, disinfectant
					 residual, alkalinity, calcium, orthophosphate, bromide, chlorite, total organic
					 carbon (TOC) concentration, dissolved organic carbon concentration, ultraviolet
					 (UV) absorption, and silica may be performed by any person with a demonstrated
					 ability to perform these analyses. These analyses shall be conducted in
					 accordance with  40 CFR part 141 . All necessary documentation required by the
					 approved methods shall be retained by the water system conducting the analyses
					 for a period of 10 years.
(c) The
					 owner of a water system shall ensure the approved environmental laboratory
					 performing the analyses sends laboratory results to the department in a manner
					 prescribed by the department.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 5 - Drinking Water Supplies › Subpart 5-1 - Public Water Systems › Operation and Quality Control › Section 5-1.75 - Additional sampling requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Additional water samples for any
					 contaminant shall be collected and analyzed from any public water system by the
					 supplier of water as may be required by the State, to assure control of the
					 quality of the public water system.
(b) The State may collect and analyze water
					 samples from any public water system at any time, either by its own personnel
					 or by contract with others.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 5 - Drinking Water Supplies › Subpart 5-1 - Public Water Systems › Operation and Quality Control › Section 5-1.76 - Consecutive public water systems

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When a public water system supplies water
					 to one or more consecutive 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.
(b) Consecutive systems
					 must follow section
					 5-1.52  table
					 11B of this Subpart in the event of a total coliform positive sample from their
					 distribution system. When a consecutive system that receives ground water from
					 a wholesale system is notified of a positive total coliform sample result, the
					 consecutive system must, within 24 hours, notify the State, the wholesale
					 system and any other wholesale system that owns and/or operates groundwater
					 sources that provides water used by the consecutive system. If all the water
					 provided by the consecutive system has been subject to four-log virus treatment
					 and process compliance monitoring, notification by the consecutive system about
					 the total coliform sample is not required. After notification, the wholesaler
					 must, within 24 hours, test its raw water source(s) for fecal indicator
					 organism(s) in accordance with section
					 5-1.52  table
					 11B of this Subpart at the location(s) specified in the monitoring plan
					 described in section
					 5-1.51 
					 of this Subpart.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 5 - Drinking Water Supplies › Subpart 5-1 - Public Water Systems › Operation and Quality Control › Section 5-1.77 - State notification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) 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.
(b) 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.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 5 - Drinking Water Supplies › Subpart 5-1 - Public Water Systems › Operation and Quality Control › Section 5-1.79 - Multiple distribution systems

Current through Register Vol. 46, No. 28, July 10, 2024
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:
(a) the separate sources are the same source
					 type, with:
(1) the groundwater 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;
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 5 - Drinking Water Supplies › Subpart 5-1 - Public Water Systems › Enhanced Treatment For Cryptosporidium › Section 5-1.82 - Requirements when making a significant change in disinfection practice

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Following the completion of initial source water monitoring under section
					 5-1.81(a)(1)  of this Subpart, a system that plans to make a significant change
					 to its disinfection practice, as defined in subdivision (b) of this section,
					 shall develop disinfection profiles and calculate disinfection benchmarks for
					 Giardia lamblia and viruses, in accordance with
					 40 CFR
					 141.709. Prior to changing the disinfection
					 practice, the system shall notify the State and shall include in this notice
					 the following information:
(1) a completed
					 disinfection profile and disinfection benchmark for Giardia lamblia and viruses
					 prepared as described in
					 40 CFR
					 141.709;
(2) a description of the proposed change in
					 disinfection practice;
(3) an
					 analysis of how the proposed change will affect the current level of
					 disinfection.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 5 - Drinking Water Supplies › Subpart 5-1 - Public Water Systems › Enhanced Treatment For Cryptosporidium › Section 5-1.83 - Treatment technique requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Bin classification for filtered systems.
(1) Following completion of the initial round
					 of source water monitoring under section 5-1.81(a)(1)  of this Subpart, filtered
					 systems shall calculate an initial Cryptosporidium bin concentration for each
					 plant for which monitoring was required, such calculation shall be done in
					 accordance with
					 40 CFR
					 141.710(b)(1) through  40 CFR 141.710(b)(5). Calculation of the bin concentration shall use the
					 Cryptosporidium results reported under section 5-1.81  of this
					 Subpart.
(2) Filtered systems shall
					 determine their initial bin classification from the following table and using
					 the Cryptosporidium bin concentration calculated under paragraph (1) of this
					 subdivision:
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(3) Following completion of the second round
					 of source water monitoring required under section 5-1.81(a)(2)  of this Subpart,
					 filtered systems shall recalculate their Cryptosporidium bin concentration
					 using the Cryptosporidium results reported under section 5-1.81(a)(2)  of this
					 Subpart, and following the procedures in
					 40 CFR
					 141.710(b)(1) through  40 CFR 141.710(b)(4). Systems shall then reevaluate their bin classification using the
					 bin concentration from the second round of monitoring and the table in
					 paragraph (2) of this subdivision.
(4)
(i)
					 Filtered systems shall report their initial bin classification under paragraph
					 (2) of this subdivision to the State for approval no later than six months
					 after the system is required to complete initial source water monitoring based
					 on the schedule referenced in section 5-1.81(a)(3)  of this Subpart.
(ii) Systems shall report their bin
					 classification under paragraph (3) of this subdivision to the State for
					 approval no later than six months after the system is required to complete the
					 second round of source water monitoring based on the schedule referenced in
					 section 5-1.81(a)(3)  of this Subpart.
(iii) The bin classification report to the
					 State shall include a summary of source water monitoring data and the
					 calculation procedure used to determine bin classification.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 5 - Drinking Water Supplies › Subpart 5-1 - Public Water Systems › Variances and Exemptions › Section 5-1.90 - Variance from a maximum contaminant level

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The supplier of water may request, and
					 the department may grant, one or more variances from an MCL contained in
					 sections
					 5-1.51
					 and
					 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.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 5 - Drinking Water Supplies › Subpart 5-1 - Public Water Systems › Variances and Exemptions › Section 5-1.92 - Exemption from a maximum contaminant level or any treatment technique requirement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 supplier of water may request, and the department may grant, one or more
					 exemptions from any treatment technique requirement, except for filtration and
					 disinfection of a surface water source in accordance with 5-1.30(b), (c) and
					 (g) of this Subpart, and/or any MCL, except for 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.
(4) The supplier of water has not been
					 granted a variance under section
					 5-1.90  of this Subpart.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 5 - Drinking Water Supplies › Subpart 5-1 - Public Water Systems › Variances and Exemptions › Section 5-1.93 - Variance or exemption requests

Current through Register Vol. 46, No. 28, July 10, 2024
(a) 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.
(b) 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
					 groundwater sources determined to be directly influenced by surface water. For
					 systems with groundwater 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.
(c)
					 Systems with unfiltered surface water sources or groundwater 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.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 5 - Drinking Water Supplies › Subpart 5-1 - Public Water Systems › Variances and Exemptions › Section 5-1.94 - Notice and opportunity for public hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) 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.
(b) 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.
(c) Public notice of an opportunity for
					 hearing pursuant to subdivision (a) or (b) of this section shall be circulated
					 in a manner designated to inform potentially interested persons of the proposed
					 action. Requests for hearing shall be submitted to the department within 30
					 days after issuance of such public notice.
(d) Notice of public hearings to be held
					 pursuant to a 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 designated to inform
					 interested persons of the hearing.
(e) 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.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 5 - Drinking Water Supplies › Subpart 5-1 - Public Water Systems › Variances and Exemptions › Section 5-1.96 - Enforceability of final schedule prescribed pursuant to granting of variance or exemption

Current through Register Vol. 46, No. 28, July 10, 2024
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.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 5 - Drinking Water Supplies › Subpart 5-1 - Public Water Systems › Separability › Section 5-1.100 - Separability

Current through Register Vol. 46, No. 28, July 10, 2024
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 Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 5 - Drinking Water Supplies › Subpart 5-2 - Water Well Construction › Section 5-2.1 - Statement

Current through Register Vol. 46, No. 28, July 10, 2024
The improper construction, operation, maintenance or
					 abandonment of water wells and the improper installation of water well pumps
					 and pumping equipment represent a potential hazard to public health and safety.
					 More than two million people in New York State depend upon private or
					 individual water well supplies as their only sources of drinking water because
					 public water supply systems are not available to serve them. To assure such
					 consumers that the ground waters available to them will be reasonably and
					 sanitary for drinking, culinary or food processing purposes, the following
					 regulations for water well construction have been
					 promulgated.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 5 - Drinking Water Supplies › Subpart 5-2 - Water Well Construction › Section 5-2.2 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
Minimum requirements are hereby prescribed governing the
					 location, construction and abandonment of water wells used for drinking,
					 culinary and food processing purposes other than municipal or public sources,
					 together with procedures relating thereto, in implementation of this Subpart.
					 No person shall construct or abandon or cause to be constructed or abandoned,
					 any water well, nor shall any person install or cause to be installed, any pump
					 or pumping equipment contrary to this Subpart. Distribution of water beyond the
					 point of discharge from the storage or pressure tank, or beyond the point of
					 discharge from the pump if no tank is employed and to wells used or intended to
					 be used as a source of water supply for public water supply systems, or to any
					 pump, well, or other equipment used temporarily for de-watering purposes shall
					 comply with all other applicable State and local regulations.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 5 - Drinking Water Supplies › Subpart 5-2 - Water Well Construction › Section 5-2.4 - Need for permit

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall construct or abandon any water well unless
					 a permit has first been secured from the permit issuing
					 official.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 5 - Drinking Water Supplies › Subpart 5-2 - Water Well Construction › Section 5-2.5 - Applications

Current through Register Vol. 46, No. 28, July 10, 2024
Applications for a permit to construct or abandon a water
					 well shall be directed to the permit issuing official by the applicant or his
					 agent and shall be on a form prescribed by the State Department of
					 Health.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 5 - Drinking Water Supplies › Subpart 5-2 - Water Well Construction › Section 5-2.6 - Permit

Current through Register Vol. 46, No. 28, July 10, 2024
The permit issuing official shall issue a permit whenever
					 he finds that an application is in proper form and contains required
					 information, provided that on the basis of the information therein contained,
					 the proposed location, construction, abandonment or installation will not be
					 contrary to applicable law, rules or regulations. Such permit, may, at the
					 discretion of the permit issuing official, direct the applicant to file a
					 "compliance notice" as hereinafter provided.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 5 - Drinking Water Supplies › Subpart 5-2 - Water Well Construction › Section 5-2.7 - Notice of disapproval and appeal

Current through Register Vol. 46, No. 28, July 10, 2024
The permit issuing official shall issue a "notice of
					 disapproval" whenever he finds that an application fails to meet the
					 requirements for issuance of a permit as hereinabove provided. Such notice
					 shall:
(a) state the grounds for
				  disapproval; and
(b) be served upon
				  the applicant or his agent, provided, however, that such notice shall be deemed
				  to be properly served upon such applicant or agent, if a copy thereof is sent
				  by registered or certified mail to his last known address, or if he is served
				  by such other methods as are, or may be authorized, under the laws of this
				  State governing personal service of process upon individuals. Such notice may
				  state any remedial action which, if taken, will effect compliance with this
				  Subpart and permit approval of the application.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 5 - Drinking Water Supplies › Subpart 5-2 - Water Well Construction › Section 5-2.8 - Application to construct a water well

Current through Register Vol. 46, No. 28, July 10, 2024
An application for permission to construct a water well
					 shall be submitted by the applicant or his agent and contain the following
					 information: [FN2]
(a) name and
				  address of the applicant;
(b) legal
				  or other description adequate to locate the property and the well;
(c) name and address of the water well
				  contractor;
(d) estimated depth in
				  feet and method of construction;
(e) purpose for which well is to be used and
				  desired yield;
(f) proposed
				  diameter of the well and drillhole in inches;
(g) type and depth of the proposed well
				  casing;
(h) approximate distance
				  and relative elevation to well of any potential sources of ground water
				  pollution which may be located within 200 feet of such well including, without
				  limitation, the following: privy, sewage seepage pit, sewage filter bed, sewage
				  disposal field, underground sewers, septic tank, storm water drain, building
				  foundation drain, milk house drain outlet, manure pile, barn gutter, silo,
				  abandoned well, other well, sink hole, cow yard, hog lot, chicken yard, other
				  animal yard, stone quarry, mine, rock outcrop, rain water cistern, solid waste
				  disposal site, calcium or salt piles;
(i) distance to well from existing and
				  proposed structures, as well as property lines located within 100
				  feet;
(j) statement of whether site
				  is subject to flooding; and
(k)
				  statement regarding the availability of a public water supply.
[FN2] Counties may require additional information, such as
					 geologic description when necessary to make a determination.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 5 - Drinking Water Supplies › Subpart 5-2 - Water Well Construction › Section 5-2.9 - Completed works

Current through Register Vol. 46, No. 28, July 10, 2024
Within 30 days of the completion of water well
					 construction, the applicant or his agent shall:
(a) pump the well until the water is
				  clear;
(b) disinfect the well in
				  accordance with the requirements of the permit issuing official; and
(c) submit a well log to the permit issuing
				  official. Such well log shall specify the well location, depth and diameter,
				  formations penetrated, casing length, extent and nature of grouting, well
				  output tests and associated water levels, and any other information required by
				  the permit issuing official. In addition, analytical data of the water quality
				  associated with such well shall be submitted when available.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 5 - Drinking Water Supplies › Subpart 5-2 - Water Well Construction › Section 5-2.10 - Certificate or letter of compliance

Current through Register Vol. 46, No. 28, July 10, 2024
Upon satisfactory completion of the requirements of the
					 permit issuing official as contained in sections
					 5-2.9
					 and
					 5-2.13  of this
					 Subpart, a certificate of compliance will be issued to the
					 applicant.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 5 - Drinking Water Supplies › Subpart 5-2 - Water Well Construction › Section 5-2.11 - Notification of abandonment of a water well

Current through Register Vol. 46, No. 28, July 10, 2024
Every abandoned well shall be sealed or closed so as to
					 protect the aquifer from pollution and to prevent a hazard to life or property.
					 If such well is to be sealed or closed the owner of the property shall make
					 application of notification to abandon such water well and provide the
					 following information:
(a) name and
				  address of the applicant;
(b) legal
				  or other description adequate to locate the property and the well;
(c) name and address of the water well
				  contractor employed to perform the work herein required for
				  abandonment;
(d) type and
				  description of well;
(e) reason for
				  abandonment; and
(f) description of
				  work to be performed to effect abandonment.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 5 - Drinking Water Supplies › Subpart 5-2 - Water Well Construction › Section 5-2.12 - Variance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where the
				  permit-issuing official finds that compliance with all requirements of this
				  Subpart would result in undue hardship, a variance from any one or more such
				  requirements may be granted by the State Department of Health to the extent
				  necessary to ameliorate such undue hardship and to the extent such variance can
				  be granted without impairing the intent and purpose of this Subpart.
(b) An application for a variance shall be
				  submitted to the permit-issuing official by the applicant including any
				  requested additional information concerning the application.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 5 - Drinking Water Supplies › Subpart 5-2 - Water Well Construction › Section 5-2.13 - General provisions

Current through Register Vol. 46, No. 28, July 10, 2024
Provisions and standards applicable to the construction and
					 location of all water wells, and the installation of all pumps and pumping
					 equipment contained in Appendix 5-B, Standards for Water Wells of this Title
					 shall be used as the basis for issuing or denying a permit.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 5 - Drinking Water Supplies › Subpart 5-2 - Water Well Construction › Section 5-2.14 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The requirements of this Subpart shall:
(a) Apply within a county health district, a
				  part-county health district, and a city having a city health department, when
				  adopted by the appropriate local authority.
(b) Apply in those State district health
				  areas designated by the State Commissioner of Health.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 5 - Drinking Water Supplies › Subpart 5-4 - Classification And Certification Of Community And Nontransient Noncommunity Water System Operators › Section 5-4.3 - Qualifications required

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Preliminary qualifications.
(1)
				  An applicant for certification as a water treatment operator, water treatment
				  assistant operator or distribution system operator must satisfactorily complete
				  training courses or demonstrate equivalent training, education, experience, and
				  take and pass a validated examination, under the requirements of sections
				  5-4.4 and
				  5-4.5  of this Subpart.
(2) An applicant for certification as a water
				  treatment operator or water treatment assistant operator must be able to
				  demonstrate the ability to make all operational and water quality tests
				  necessary for the operation of a water treatment plant, such as, but not
				  limited to, chlorine residual, color, pH, turbidity, bacteriological sampling
				  techniques and fluoride when fluoridation is provided.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 5 - Drinking Water Supplies › Subpart 5-4 - Classification And Certification Of Community And Nontransient Noncommunity Water System Operators › Section 5-4.4 - Education, experience, and/or training substitutions

Current through Register Vol. 46, No. 28, July 10, 2024
The department will allow education, experience and/or
					 training substitutions in lieu of the requirements outlined in section
					 5-4.3(b) 
					 of this Subpart. Experience that is used to meet the experience requirement for
					 any grade of certification may not be substituted for education. Education that
					 is used to meet the education requirement for any grade of certification may
					 not be substituted for experience. Experience and education may not be used
					 more than once as a substitution. The following substitutions may be
					 accepted:
(a) A New York State
				  professional engineer's license, or a bachelor's degree in engineering, natural
				  science or a related field from an accredited or New York State registered
				  college or university, may be substituted for eight years of experience. A
				  minimum of two years operating experience, at the level described in Table
				  5-4.3 of this Subpart must be obtained if this substitution is used.
(b) An associate degree in applied science,
				  with at least a one semester course in water treatment plant operations, from
				  an accredited or New York State registered college or university, may be
				  substituted for six years of experience. A minimum of two years (four years for
				  grade[s] IA and IB) operating experience, at the level described in Table 5-4.3
				  of this Subpart, must be obtained if this substitution is used.
(c) An associate degree in applied science,
				  from an accredited or New York State registered college or university, may be
				  substituted for four years of experience. A minimum of two years (six years for
				  grade[s] IA and IB) operating experience, at the level described in Table 5-4.3
				  of this Subpart, must be obtained if this substitution is used.
(d) Experience and/or relevant training may
				  be substituted for a high school diploma or GED for grades C and D.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 5 - Drinking Water Supplies › Subpart 5-4 - Classification And Certification Of Community And Nontransient Noncommunity Water System Operators › Section 5-4.5 - Validated examinations

Current through Register Vol. 46, No. 28, July 10, 2024
The department will require any person applying for
					 certification as a water treatment operator, water treatment assistant operator
					 or distribution system operator to take a written, oral and/or practical skills
					 validated examination to determine the applicant's skills, knowledge, ability
					 and judgement. The results of the examination, and the requirements of sections
					 5-4.3 
					 and/or 5-4.4 of this Subpart, will serve as the basis for approval or
					 disapproval of such application.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 5 - Drinking Water Supplies › Subpart 5-4 - Classification And Certification Of Community And Nontransient Noncommunity Water System Operators › Section 5-4.6 - Grandparenting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Water systems
				  which will be required to have an operator for the first time because of the
				  requirements of this Subpart dated February 5, 2001, may be granted a
				  transition period to continue to retain their currently employed operators in
				  responsible charge through grandparenting. Grandparenting will be based on
				  factors such as system compliance history, operator experience and knowledge,
				  system complexity, and level of treatment.
(b) Grandparenting is permitted only to
				  existing operator(s) in responsible charge of existing systems. Operators that
				  are New York State Department of Health certified before February 5, 2001 will
				  retain his/her certification as originally granted.
(c) The system owner must apply for
				  grandparenting for the operator(s) in responsible charge within two years of
				  the effective date of this regulation or by February 5, 2003. Applications must
				  be submitted to the department on forms prescribed by the department.
				  Applications will be approved based on system compliance history, operator
				  experience and knowledge, system complexity, and level of treatment. Upon
				  approval, the operator in responsible charge will be grandparented.
(d) The certification for grandparented
				  operators will be site-specific and nontransferable to other
				  operators.
(e) Each grandparented
				  operator must meet the renewal requirements outlined in section
				  5-4.8 
				  of this Subpart no later than three years after his/her effective date of
				  certification for grandparenting.
(f) The certification for a grandparented
				  operator will no longer be valid if the classification of the plant or
				  distribution system changes to a higher level.
(g) Grandparented operators that choose to
				  work for a different water system must meet the initial certification
				  requirements for that system.