Document Citation: 10 NYCRR 5-1.33

Header:
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
PLANNING, SITING, TREATMENT AND APPROVAL

Date:
08/31/2009

Document:

§ 5-1.33 Water supply emergency plans

(a) All community water systems with an annual gross operating revenue of more than one hundred twenty-five thousand dollars shall submit to the State a water supply emergency plan. The plan shall identify and outline the steps necessary to ensure that potable water is available during all phases of a water supply emergency.

(b) The water supply emergency plan shall include:

(1) The development of procedures to notify consumers during all phases of a water supply emergency.

(2) The development of criteria and procedures for determining and the subsequent reporting of critical water levels or safe yield of the source or sources of water.

(3) The identification of existing and future sources of water available during normal nonemergency and water supply emergency conditions.

(4) The identification of all available water storage. Available water storage includes source, transmission and distribution system storage.

(5) The identification, capacity and location of existing inter-connections. Identification of additional inter-connections needed to provide potable water during a water supply emergency.

(6) The development of a specific action plan outlining all the steps to be carried out, taken or followed during a water supply emergency, including State notification, emergency notification rosters of key water supply personnel with current telephone numbers both business and home, and follow-up corrective action to minimize the reoccurrence of an emergency.

(7) The identification and implementation of procedures for water conservation and water use restrictions to be put in place during a water supply emergency.

(8) The identification of and the procedures for prioritization of potable water use during a water supply emergency.

(9) The identification and availability of emergency equipment needed during a water supply emergency.

(10) The development of criteria and procedures for determining and the subsequent reporting of the system's capacity and ability to meet peak water demands and fire flow conditions concurrently.

(c) A vulnerability analysis shall be performed on the source or sources of water supply, the public water system, disinfection stations and water treatment plants to determine the vulnerability of these water supply components to a water supply emergency. The system shall take whatever steps are necessary to ensure that potable water can be and is available during a water supply emergency.

(d) Before the final submission of the water supply emergency plan to the State, the system shall publish a notice in a newspaper of general circulation in the area served by the community water system stating that the proposed water supply emergency plan is available for review and comment. The notice shall be printed at least once in each of two successive weeks. Public comment shall be accepted for at least fourteen days following the date of first publication. All public comment shall be submitted with the water supply emergency plan to the State.

(e) The water supply emergency plan must be submitted to the State by no later than December 31, 1990. The system shall review, update and resubmit the water supply emergency plan every five years thereafter. The first revision is due no later than December 31, 1995.

(f) A community water system with an annual gross operating revenue of one hundred twenty-five thousand dollars or less, a nontransient noncommunity water system and a noncommunity water system may be required to prepare, update and submit to the State a written water supply emergency plan for providing potable water during a water supply emergency.

(g) If more than one system is responsible for providing potable water to a community water system, the water supply emergency plan shall be prepared and submitted jointly by the systems.

(h) Information may be exempt from public disclosure for public review and comment if it is determined the information will pose a security risk to the operation of the community water system. The commissioner may request, and the system must provide a copy of the exempt information and justification for why said information should not be subject to public review and comment.