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 › General Provisions › Section 5-1.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Subpart, the following words and terms
						shall have the stated meaning, except as otherwise specifically
						provided:
(a)
-log
					 treatment
means the reduction of a specified proportion of viruses,
					 bacteria, protozoa or other organisms present in drinking water expressed as
					 factors of 10, through disinfection (inactivation) and/or removal. For example,
					 three-log treatment removes or inactivates 999 out of 1,000 organisms or 99.9
					 percent.
(b)
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
(c)
Approved
					 method
means an analytical method, including sample preparation, of
					 proven reliability which has been approved, or given similar recognition by the
					 United States Environmental Protection Agency (EPA) or a New York State
					 regulatory program in environmental or public health protection, for the
					 specific purpose for which the method is to be used. Methods approved by the
					 department pursuant to section
					 55-2.5 
					 of this Title shall be deemed approved methods.
(d)
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.
(e)
Backflow
means a flow condition, induced by a pressure
					 differential, which causes the reversal of flow of water or other liquids,
					 solids, and/or gases into the distribution pipes of a potable water supply from
					 any source other than the intended potable water source.
(f)
Backflow prevention device
					 tester
(or
tester
) means a person who has met the
					 certification requirements and been issued a certification as specified in
					 section
					 5-1.31 
					 of this Subpart.
(g)
Bag
					 filter
means a pressure-driven separation device that removes
					 particulate matter larger than one micrometer using an engineered porous
					 filtration media.
(h)
Bank
					 filtration
means a water treatment process that uses a well to recover
					 surface water that has naturally infiltrated into ground water through a river
					 bed or bank(s). Infiltration is typically enhanced by the hydraulic gradient
					 imposed by a nearby pumping water supply or other well(s).
(i)
Cartridge filter
means a
					 pressure-driven separation device that removes particulate matter larger than
					 one micrometer using an engineered porous filtration media.
(j)
Clean compliance history
means a record of no MCL violations for
E. coli
, no total
					 coliform or
E. coli
monitoring violations, no treatment
					 technique trigger exceedances, and no treatment technique violations under
					 section
					 5-1.52  table 6
					 of this Subpart.
(k)
Coagulation
means a process using coagulants and mixing by
					 which colloidal and suspended material are destabilized and agglomerated into
					 flocs.
(l)
Combined
					 distribution system
means the interconnected distribution system
					 consisting of the distribution systems of wholesale systems and of the
					 consecutive systems that receive finished water.
(m)
Commissioner
means the
					 Commissioner of Health of the State of New York.
(n)
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.
(o)
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 5.172(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.
(p)
Consecutive system
means
					 a public water system that receives some or all of its finished water from one
					 or more wholesale systems. Delivery may be through a direct connection or
					 through the distribution system of one or more consecutive systems.
(q)
Contaminant
means any
					 physical, chemical, microbiological or radiological substance or matter in
					 water.
(r)
Conventional
					 filtration
means a series of processes including coagulation,
					 flocculation, sedimentation and filtration.
(s)
Corrective action
means
					 the action(s) taken by a water system consistent with the requirements of this
					 code including one or more of the following: correcting significant
					 deficiencies; providing an alternate source of water; removing source(s) of
					 contamination; providing treatment; or other action acceptable to the
					 State.
(t)
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.
(u)
Cross-connection
means
					 an actual or potential connection between a potable water system and any other
					 source or system through which a water supply could be contaminated.
(v)
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) × (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.
(w)
Cyber attack
means
					 deliberate actions to target computer information systems, infrastructures,
					 computer networks, computer controlled mechanical devices and/or personal
					 computers by various means of malicious acts that either steal, alter, disrupt
					 or damage a target by gaining access into a susceptible electronic or
					 electromechanical device.
(x)
Department
means the New York State Department of
					 Health.
(y)
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.
(z)
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.
(aa)
Distribution point
means a sampling point representative of
					 drinking water within the distribution system.
(ab)
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.
(ac)
Direct
					 filtration
means a series of processes including coagulation and
					 filtration but excluding sedimentation resulting in substantial particulate
					 removal.
(ad)
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).
(ae)
Dual sample set
means a set of two samples collected at the
					 same time and same location, with one sample analyzed for total trihalomethanes
					 (TTHM) and the other sample analyzed for haloacetic acids (five)
					 (HAA5).
(af)
Dwelling
					 unit
means one or more rooms with provisions for living, sanitary and
					 sleeping facilities arranged for the use of one family.
(ag)
Effective corrosion inhibitor
					 residual
means a concentration sufficient to form a protective coating
					 on the interior walls of a pipe.
(ah)
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.
(ai)
Enhanced coagulation
means the addition of sufficient coagulant for improved removal of disinfection
					 byproduct precursors by conventional filtration treatment.
(aj)
Entry point
means a
					 representative sampling location after the last point of treatment but before
					 the first consumer connection.
(ak)
Fecal indicator
means a microorganism (for example a
					 bacteriophage, coliphage, or bacterium) that is used to determine the sanitary
					 quality of drinking water and the likelihood of the presence of pathogen
					 contamination from the waste of warm-blooded animals. The most commonly used
					 fecal indicator is
Escherichia coli (E. coli)
.
(al)
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.
(am)
Filtration
means a
					 process for removing particulate matter from water by passage through porous
					 material.
(an)
Finished
					 water
means water that is introduced into the distribution system of a
					 public water system and is intended for distribution and consumption without
					 further treatment, except as necessary to maintain water quality in the
					 distribution system (
e.g.
, booster disinfection, addition of
					 corrosion control chemicals).
(ao)
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.
(ap)
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.
(aq)
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, except that the
					 reactivation frequency for GAC10 used as a best available technology for
					 compliance with total trihalomethanes (TTHM) and haloacetic acids (five) (HAA5)
					 maximum contaminant levels (MCLs) shall be 120 days.
(ar)
GAC20
means granular
					 activated carbon filter beds with an empty-bed contact time of 20 minutes based
					 on average daily flow and a carbon reactivation frequency of every 240
					 days.
(as)
Gross alpha
					 particle activity
means the total radioactivity because of alpha
					 particle emission as inferred from measurements on a dry sample.
(at)
Gross beta particle
					 activity
means the total radioactivity because of beta particle
					 emission as inferred from measurements on a dry sample.
(au)
Groundwater directly influenced
					 by surface water, also known as groundwater under the direct influence of
					 surface water, or GWUDI,
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
					 microorganisms, algae, large diameter (three microns or greater) pathogens or
					 insect parts of a surface water origin.
(av)
Groundwater source
means a source of water supply taken from a groundwater 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. Any groundwater source at a system that uses
					 surface water or groundwater under the direct influence of surface water that
					 does not receive treatment as described in section
					 5-1.30(b) 
					 of this Subpart, prior to the first customer, is subject to all requirements
					 applicable to groundwater systems and groundwater sources.
(aw)
Groundwater system
means a public water system that uses only groundwater, excluding any surface
					 water or groundwater under the direct influence of surface water.
(ax)
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.
(ay)
Internal protection
means isolation of a fixture, area or zone which requires backflow prevention
					 at the source of the cross-connection or potential hazard, in accordance with
					 the New York State Uniform Fire Prevention and Building Code and/or the local
					 plumbing and building codes.
(az)
Large water system
means a water system that serves more than
					 50,000 persons.
(ba)
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.
(bb)
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.
(bc)
Level 1 assessment
means an evaluation to identify the
					 possible presence of sanitary defects, defects in distribution system coliform
					 monitoring practices, and, when possible, the likely reason that the system
					 triggered the assessment.
(bd)
Level 2 assessment
means an evaluation conducted by an
					 individual approved by the State, to identify the possible presence of sanitary
					 defects, defects in distribution system coliform monitoring practices, and,
					 when possible, the likely reason that the system triggered the assessment. A
					 Level 2 assessment provides a more detailed examination of the system
					 (including the system"TMs monitoring and operational practices) than a Level 1
					 assessment, through the use of more comprehensive investigation and review of
					 available information, additional internal and external resources, and other
					 relevant practices.
(be)
Locational running annual average
or
LRAA
means the average of sample analytical results during the previous four
					 calendar quarters for samples taken at a particular monitoring
					 location.
(bf)
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.
(bg)
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.
(bh)
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.
(bi)
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.
(bj)
Medium water
					 system
means water system that serves greater than 3,300 and less than
					 or equal to 50,000 persons.
(bk)
Membrane filtration
means a pressure- or vacuum-driven
					 separation process in which particulate matter larger than one micrometer is
					 rejected by an engineered barrier, primarily through a size-exclusion
					 mechanism, and which has a measurable removal efficiency of a target organism
					 that can be verified through the application of a direct integrity test. This
					 definition includes the common membrane technologies of microfiltration,
					 ultrafiltration, nanofiltration, and reverse osmosis.
(bl)
Method Detection Limit
					 (MDL)
means the minimum concentration of a substance that can be
					 measured and reported with 99 percent confidence that the analyte concentration
					 is greater than zero and is determined from analysis of a sample in a given
					 matrix containing the analyte.
(bm)
Noncommunity water system (NCWS)
means a public water system
					 that is not a community water system.
(bn)
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.
(bo)
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.
(bp)
Person
means an individual, corporation, company, association,
					 partnership, State agency, municipality including a county, or Federal
					 agency.
(bq)
Picocurie
means that quantity of radioactive material
					 producing 2.22 nuclear transformations per minute.
(br)
Plant intake
means the
					 works or structures at the head of a conduit through which water is diverted
					 from a source, such as a river or lake, into the treatment plant.
(bs)
Potable water
means a
					 water which meets the requirements established by this Subpart.
(bt)
Point of use
means the
					 free-flowing outlet of the ultimate user of a public water system.
(bu)
Practical Quantitation Limit
					 (PQL)
means the practical and routinely achievable method-specific
					 measurable concentration limit achieved by a laboratory with a high degree of
					 certainty (>99.9 per cent confidence) in the results.
(bv)
Presedimentation
means
					 a preliminary treatment process used to remove gravel, sand, and other
					 particulate material from the source water through settling before the water
					 enters the primary clarification and filtration processes in a treatment
					 plant.
(bw)
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
					 CnHyXz,
					 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
					 CnHyXzO,
					 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 nonaromatic cyclic
					 hydrocarbons: a nonaromatic cyclic compound containing a halogen.