Part 5 Drinking Water Supplies

(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 Su…

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 requir…

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 …

The provisions of this section, and sections 5-1.81 through 5-1.83 of this Subpart apply to all public water systems supplied by a surface water source(s) or ground water source(s) directly influenced by surface water, provided the system serves 15 or more service connections or …

(1) Initial round of source water monitoring. Systems shall conduct the following monitoring, based on the monitoring schedule prescribed in paragraph (3) of this subdivision, unless they meet the monitoring exemption criteria in paragraph (4) of this subdivision: (i) Filtered sy…

(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 calcul…

(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 a…

(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 …

(a) The supplier of water may request, and the department may grant, one or more variances from any treatment technique requirement, except filtration and disinfection, in accordance with section 5-1.30(b), (c) and (g) of this Subpart on a finding that such treatment technique is…

(a) The supplier of water may request, and the department may grant, one or more exemptions from any treatment technique requirement, except for disinfection of a surface water source, and/or any MCL, except for Escherichia coli (E. coli). Exemptions may be granted to any public …

(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 d…

(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 co…

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…

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 …

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.

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 t…

(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 ha…

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.

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 Co…

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 Sub…

As used in this Subpart: (a) Abandoned well means a well whose use has been permanently discontinued. A well shall be deemed abandoned if it is in such a state of disrepair that continued use for the purpose of obtaining a satisfactory ground water supply is impracticable. (b) Ap…

No person shall construct or abandon any water well unless a permit has first been secured from the permit issuing official.

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.

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 b…

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 …

An application for permission to construct a water well shall be submitted by the applicant or his agent and contain the following information:2 (a) name and address of the applicant; (b) legal or other description adequate to locate the property and the well; (c) name and addres…

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 of…

As used in this Subpart, the following words and terms shall have the stated meanings except as otherwise provided: (a) Available means a certified operator must be on site or able to be contacted within one hour to initiate the appropriate action. (b) Clarification means a treat…

(1) Sections 5-4.1 through 5-4.8 of this Subpart shall be applicable to all CWS and NTNC, provided the system serves 15 or more service connections or serves 25 or more persons. (2) Owners of all CWS and NTNC are required to place the direct supervision of their water system, inc…

(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,…

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. …

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…

(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 grandparen…

(a) Upon notice and opportunity of a hearing, the department may suspend or revoke a certificate of an operator. Revocation or suspension will be based on fraud or misrepresentation by the certified operator; gross incompetence or gross negligence on a particular occasion or negl…

(1) A request for renewal of a certificate must be submitted, by each operator, to the department, on a form prescribed by the department, at least one month before the certificate expiration date. All operators will have a fixed renewal cycle of three years. (2) All renewal requ…

The rules contained in this Subpart have been promulgated to provide protection for persons served by nonpublic water supplies, and to conform to the requirements of the County Law and the Town Law.

This Subpart sets the requirements for State approval relating to the formation and operation of water quality treatment districts within New York State.

As used in this Subpart, the following words and terms shall have the indicated meaning, except as otherwise specifically provided: (a) Nonpublic water system means any water supply serving less than 25 individuals on a daily basis and having less than five service connections. (…

Maps, plans and specifications submitted to the State for approval shall be signed and sealed by an engineer licensed to practice in New York State. Approval will be based on completeness of submission, appropriate treatment for the contaminants, demonstrated effectiveness of tre…

All amendments to water quality treatment district plans and modifications to the approved plan of operation must be submitted to the State for approval before adoption.

Treated water quality must meet all applicable water quality standards or guidelines for community water systems as defined by Subpart 5-1 of this Part.

The water quality treatment district shall comply with all conditions detailed in the written approval from the State, and all provisions of this Subpart. (a) All treatment systems in the water quality treatment district shall be under responsible charge of an operator with demon…

The provisions of sections 5-6.2 through 5-6.18 of this Subpart shall apply to bottled and bulk water produced, used and/or sold in New York State.

(a) The MCLs listed in section 5-6.11 of this Subpart shall not be exceeded. (b) The owner or operator of the bottled or bulk water facility is responsible for completion of the sampling and analytical requirements set forth in this Subpart. At the discretion of the State, analys…