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 › Public Water Systems; Maximum Contaminant Levels; Monitoring Requirements; Notifications Required › Section 5-1.51 - Maximum contaminant levels, maximum residual disinfectant levels and treatment technique requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) 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.
(b) 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.
(c) Each system shall develop and implement a
					 monitoring plan that includes all monitoring requirements specified in this
					 Subpart. The system shall maintain the plan and make it available for
					 inspection by the State and the general public. 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 only use data collected
					 in accordance with the monitoring plan to qualify for reduced monitoring. The
					 monitoring plan shall include at least the following elements, as applicable:
(1) specific locations and schedules for
					 collecting samples for all applicable parameters listed in section
					 5-1.42,
					 section
					 5-1.43,
					 tables 8A-12, 15 and 15A of section
					 5-1.52, section
					 5-1.61,
					 and section
					 5-1.81 
					 of this Subpart;
(2) how the system
					 will calculate compliance with MCLs, MRDLs, and treatment techniques;
(3) if the system is a consecutive system, or
					 it is providing water to a consecutive system, and has been approved for
					 modified monitoring under the provisions of section
					 5-1.76 
					 of this Subpart, the sampling plan must reflect the entire distribution system
					 for any analytes approved for modified monitoring;
(4) consecutive ground water systems must
					 define and implement a protocol for notifying the system from which they
					 receive water of any total coliform positive samples so the source can be
					 tested for fecal contamination, unless the wholesale ground water system
					 provides four-log virus treatment at peak flow before or at the first customer
					 as confirmed through process compliance monitoring.
(5) Disinfection byproduct monitoring.
(i) The following requirements of this
					 subdivision apply to community and nontransient noncommunity water systems that
					 use or deliver water that has been treated with a primary or residual
					 disinfectant other than ultraviolet light, provided they serve 15 or more
					 service connections or serve 25 or more persons:
(a) if a new community or nontransient
					 noncommunity water system begins operation, or an existing community or
					 nontransient noncommunity water system begins using a disinfectant other than
					 ultraviolet light, the system shall consult with the State to identify
					 compliance monitoring locations for disinfection byproducts to include in the
					 system's monitoring plan, consistent with the requirements in
					 40 CFR
					 141.601 and
					 141.602,
					 and for new systems that need an Initial Distribution System Evaluation (IDSE),
					 consistent with
					 40 CFR
					 141.605; and
(b) if a community or nontransient
					 noncommunity water system adds or removes compliance monitoring locations, the
					 system shall identify additional locations by alternating selection of
					 locations representing high TTHM levels and high HAA5 levels until the required
					 number of compliance monitoring locations have been identified, as specified in
					 section
					 5-1.52  table
					 9A. Systems shall also provide the rationale for identifying the locations as
					 having high levels of TTHM or HAA5.
(ii) Systems shall revise monitoring plans to
					 reflect changes in treatment, distribution system operations and layout
					 (including new service areas), other factors that may affect TTHM or HAA5
					 formation or upon consultation with the State.
(a) If a system changes monitoring locations,
					 it shall replace existing compliance monitoring locations with the lowest LRAA
					 with new locations that reflect the current distribution system locations with
					 expected high TTHM or HAA5 levels.
(b) The State may require modifications in
					 the monitoring plan.
(c) Surface
					 water or GWUDI systems serving more than 3,300 people shall submit a copy of
					 their modified monitoring plan to the State prior to the date they are required
					 to comply with the revised monitoring plan.
(iii) A system is in violation of the
					 monitoring requirements for each quarter that a monitoring result would be used
					 in calculating a LRAA if the system fails to monitor.