10 NYCRR5

Eric W. Wohlers, P.E. Environmental Health Director

Christopher G. Crawford, Ph.D.Water Resources Specialist

Cattaraugus County Environmental Health

10 NYCRR 5-1.30(d), 5-1.51(c)(4), 5-1.52 Tables 6, 11, 11B, 13, 15, 5-1.71(c),(d), 5-1.72(c)(4), (d)(2), (f)(16), (f)(17), 5-1.76(b), 5-1.77(c),5-1.78(a)(4), (d)(4),

• 1990 EPA Science Advisory Board cite bacteria, viruses, protozoa

• 1996 SDWA Amendments

• Regulatory Impact Analysis on April 5, 2000

• Proposed rule on May 1o, 2000

• 2000 – 2006 Supporting documents developed- Occurrence and Monitoring- Technology and Cost- Economic Analysis

• Final rule on November 8, 2006

• State Primacy by 2012

Regulatory Spectrum

Law Regulations

Agency Guidance

Industry Practice

Legislative Policy

It’s Complicated

Legislative Intent

PHL, ECL (Rules, Code)NYCRR, SSC

DOH – EHM,Policy Memos

AWWA Standards

Regulatory

Compliance

State Primacy

Procedures

Law Regulations

Agency Guidance

Industry Practice

Legislative Policy

Legislative Intent

PHL, ECL (Rules, Code)NYCRR, SSC

DOH – EHM,Policy Memos

AWWA Standards

Regulatory

Compliance

Law Regulations

Agency Guidance

Industry Practice

Legislative Policy

Legislative Intent

USC - SDWA CFR EPA - Tech. &Policy Memos

AWWA Standards

Federal Policy Implementation

State Policy Implementation

Annual Water Quality Reports

• GWR violations• Contaminant detections for sampling done under GWR

Public Notice• EC+ AND less than 4-log treatment = Public Health Hazard = BWN• Treatment Technique – Notice in 30 Days• Identified Significant Deficiency not corrected in 120 days – - Notice in 30 days.

LHD Reporting within 1 business day• Systems providing 4-Log treatment AND failure to meet monitoring requirements• Treatment technique failure

LHD Reporting within 30 days• Systems not providing 4-Log treatment with TC+ - All sample results• Corrective action completion

Consecutive System Reporting within 24 hours• TC+ in distribution system – Report to Wholesale System

Wholesale System to Consecutive System • EC + in source, same as Public Notification• Other Public Notifications

10 NYCRR 5-1.78(c)

Boil Water Notice- statement issued by the PWS advising

public to boil water due to possible bacterial threat

Boil Water Order- directive issued by the LHD to the system

requiring public notification, including boiling of water

“Tier 1 notification requirements (public health hazards, as defined in subdivision 5-1.1 (bc) of this Subpart, require Tier 1 notification).”

What is a public health hazard?

“Public health hazard means an existing or imminent condition which can be responsible for or cause illness, injury or death and for which immediate corrective or remedial action isrequired.”

• E. Coli • Turbidity • Unapproved source• Inadequate disinfection• Loss of pressure• Total coliform • Disruption of service for 4 or more hours• We tell you it is

“disruption of water service of four hours or more, determined by the State to present anexisting or imminent condition which can be responsible for or cause illness, injury or deathand for which immediate corrective or remedial action is required;”“turbidity violations or exceedances specified in paragraph 5-1.78(d)(3) of this Subpart anddetermined by the State to present an existing or imminent condition which can be responsiblefor or cause illness, injury or death and for which immediate corrective or remedial action is required;

• Transmission main break• Repair could take 24 hours• Storage will only last 8 hours

• Distribution main break• Repair will take 6-8 hours• Service shutoff to 5 homes

• Morning check reveals chlorinator down • Distribution sample shows 0.04 residual• Entry point shows 0.0 residual

• Lab notifies of initial TC+• Lab gets re-sample• Notice & fix chlorinator issue• Lab confirms TC +

• 0.0 chlorine residual in ‘dead-end’• chlorinator working• 0.4, 0.2, 0.3 residuals elsewhere

10 NYCRR Appendix 5-A

“Approval of plans and specifications for publicwater systems shall be based on the followingStandards in their entirety….

(1) “Recommended Standards for Water Works” (Appendix 5-A)

• Design & construction

• Operation & maintenance?

• New systems only?

• 10 NYCRR 5-1.71 – 1.72 “care and due diligence”

• Policy Statements• Content of Plan Submissions• General Design Considerations• Source Development• Treatment Processes• Chemical Application• Pumps & Pump facilities• Finished Storage• Distribution• Wastes

• UV

• Security

• Bag & Cartridge filters

• Arsenic Removal

• Membranes

• Site conditions

• Water use data

• Source conditions

• Waste disposal

• Costs

• Plant layout

• Standby power

• Shop space

• Monitoring equipment

• Sample taps

• Pipe color

• Operator instruction

• Security

• Flooding

• Meters

• Q & Q

• Worst conditions

• Flooding

• Raw water storage

Surface Water• Q & Q

• Backup source / power

• Flooding / wellhead

• Pump tests

• Construction / grout

Ground Water

• Detention times

• Mixing

• Pace to flow

• Contact time

• Pressure

Processes• Basins

• Inlets

• Media

• Standby equipment

• Materials

Equipment

• Feed equipment

• Labeling

• Assay / Storage

• Safety

• Cross connection

• Handling

• Equipment location

• Standby equipment

• Calibration

• Siting

• Facility design

• Redundancy

• Metering

• Materials

• Standby power

• Lubrication

• Valves

• Sizing / location

• Security

• Safety / Access

• Venting / Drains

• Clearwells

• Materials

• Standby power

• Freezing

• Painting

• Pressure tank

• Pressure

• Sizing

• Dead ends

• Valves / hydrant

• Main disinfection

• Contaminant sources

• Cross connections

• Service meters

• Reg. Compliance

• Lagoons

• Dewatering

• Filtering

• Filter wash water