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 5-1.78 - Public notification

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
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.
(4) Public notification
					 is required when a significant deficiency is identified at a public water
					 system that is not required to prepare an annual water supply statement
					 (report), as directed in section
					 5-1.72(e) and
					 (f)  of this Subpart. If the water system has
					 been notified by the State of a significant deficiency and it has not been
					 corrected as directed or approved by the State, the system must notify its
					 customers in a format prescribed or approved by the State. Notice must be
					 provided if any significant deficiency has not been corrected within 12 months
					 of State notification or as otherwise directed by the State. The system must
					 continue to inform the public until the significant deficiency is
					 corrected.