N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 5-1.45

Current through Register Vol. 46, No. 51, December 18, 2024

Section 5-1.45 - Source water treatment requirements

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.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 5-1.45

Amended New York State Register January 17, 2018 /Volume XL, Issue 03, eff. 1/17/2018