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
Control of Copper and Lead in Drinking Water
Section 5-1.45 - Source water treatment requirements
Universal Citation: 10 NY Comp Codes Rules and Regs ยง 5-1.45
Current through Register Vol. 46, No. 39, September 25, 2024
A water system that exceeds the lead or copper action level based on first draw tap water samples collected in accordance with section 5-1.42 of this Subpart shall complete the applicable source water monitoring and treatment requirements and operate appropriate treatment to maintain lead and copper below levels specified by the State in accordance with the following requirements.
(a) Source water treatment requirements.
(1) A water
system exceeding the lead or copper action level shall complete required lead
and copper source water monitoring in accordance with section
5-1.44(b)(1)
of this Subpart and make an appropriate treatment recommendation to the State
no later than 180 days after the end of the monitoring period during which the
system exceeds the lead or copper action level. A system may recommend that no
treatment be installed based upon a demonstration that source water treatment
is not necessary to minimize lead and copper levels at users' taps.
(2) Based on an evaluation of the results of
all required source water sampling, the State shall make a determination if
source water treatment is necessary and may require:
(i) source water treatment as recommended by
the system; or
(ii) alternative
source water treatment that would minimize lead and copper levels at user's
taps. Completion of proper installation and operation of the State specified
source water treatment shall occur within 24 months of State determination and
notification of the specified treatment to the water system.
(3) The water system shall
complete standard monitoring for tap water in accordance with section
5-1.42(b)
of this Subpart and source water in accordance with paragraph (b)(2) of this
section following installation of source water treatment.
(4) Based on a review of the source water
samples taken by the water system both before and after the system installs
source water treatment, the State shall:
(i)
determine whether the system has properly installed and operated the source
water treatment designated by the State; and
(ii) specify maximum permissible source water
concentrations for water entering the distribution system. Such levels shall
reflect the contaminant removal capability of the treatment when properly
operated and maintained.
(b) Operation and maintenance requirements.
(1) Each water system
shall operate in a manner that minimizes lead and copper levels at user's taps
by maintaining lead and copper levels below State-specified maximum permissible
concentrations at each of the required source water sampling locations in
accordance with section
5-1.44
of this Subpart. The system is out of compliance with this paragraph if the
level of lead or copper at any sampling point is greater than the
State-specified maximum permissible concentration.
(2) The State may modify its determination of
the source water treatment under paragraph (a)(2) of this section, or maximum
permissible lead and copper concentrations for finished water entering the
distribution system under paragraph (a)(4) of this section where it concludes
that such change is necessary to ensure that the system continues to minimize
lead and copper concentrations in source water.
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