N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 5-1.48

Current through Register Vol. 46, No. 45, November 2, 2024

Section 5-1.48 - Reporting and recordkeeping requirements

(a)Reporting requirements for tap water monitoring for lead and copper and for water quality parameter monitoring.

(1) Unless the State has specified a more frequent reporting requirement, a water system shall report the following information for all tap water samples specified in section 5-1.42 of this Subpart and for all water quality parameter samples specified in section 5-1.43 of this Subpart to the State within the first 10 days following the end of each applicable monitoring period; for monitoring periods with a duration of less than six months, the end of the monitoring period is the last date samples can be collected during that period as specified in sections 5-1.42 and 5-1.43 of this Subpart:

(i) results of all first draw lead and copper tap samples collected in accordance with section 5-1.42 of this Subpart, including site locations and the criteria used in selecting the site in accordance with section 5-1.42(a)(1) of this Subpart;

(ii) documentation for each tap water lead or copper sample for which the water system requests invalidation in accordance with section 5-1.42(e) of this Subpart;

(iii) the 90th percentile lead and copper concentrations measured from among all lead and copper tap water samples collected during each monitoring period and calculated in accordance with section 5-1.41(c) of this Subpart, unless the State calculates the system's 90th percentile under subdivision (h) of this section;

(iv) with the exception of initial tap sampling conducted pursuant to section 5-1.42(b)(1)-(3) of this Subpart, the system shall identify any site which was not sampled during previous monitoring periods, and include an explanation of changes in sampling sites if any;

(v) the results of all tap samples for applicable water quality parameters collected in accordance with section 5-1.43(b)-(d) of this Subpart; and

(vi) the results of all samples collected at the entry point(s) to the distribution system for applicable water quality parameters under section 5-1.43(b)-(d) of this Subpart.

(2) For a nontransient noncommunity water system, or a community water system meeting the criteria of section 5-1.47(b)(2)(g) of this Subpart that does not have enough taps that can provide first-draw samples, the system shall provide written documentation to the State identifying standing times and locations for enough first-draw samples to make up its sampling pool by the start of the first applicable monitoring period in accordance with section 5-1.42(a)(3) of this Subpart or, identify in writing, each site that did not meet the six-hour minimum standing time and the length of time for that particular substitute sample collected, and include this information with the lead and copper tap sample results that are required to be submitted pursuant to subparagraph (a)(1)(i) of this subdivision.

(3) At a time specified by the State, or if no specific time is designated by the State, then as early as possible prior to the addition of a new source or any long-term change in water treatment, a water system deemed to have optimized corrosion control, a water system subject to reduced monitoring pursuant, or a water system subject to a monitoring waiver pursuant, shall submit written documentation to the State describing the change or addition as required under section 5-1.22(a) of this Subpart. A water system shall obtain approval from the State before implementing the addition of a new source or long-term change in water treatment. Examples of long-term treatment changes include the addition of a new treatment process or modification of an existing treatment process. Examples of modifications include switching secondary disinfectants, switching coagulants (e.g., alum to ferric chloride), and switching corrosion inhibitor products (e.g., orthophosphate to blended phosphate). Long-term changes can include dose changes to existing chemicals if the system is planning long-term changes to its finished water pH or residual inhibitor concentration. Long-term treatment changes would not include chemical dose fluctuations associated with daily raw water quality changes.

(4) Any system serving 3,300 or fewer persons applying for a monitoring waiver pursuant to section 5-1.42(f) of this Subpart, shall provide the following information to the State in writing by the specified deadline:

(i) by the start of the first applicable monitoring period, any system serving 3,300 or fewer persons applying for a monitoring waiver shall provide the documentation required to demonstrate that it meets the requirements of section 5-1.42(f) of this Subpart;

(ii) no later than nine years after the monitoring previously conducted pursuant to section 5-1.42(b) or (c) of this Subpart, each system serving 3,300 or fewer persons desiring to maintain its monitoring waiver shall provide the information required by section 5-1.42(f)(1)-(3) of this Subpart;

(iii) no later than 60 days after it becomes aware that it is no longer free of lead-containing and/or copper containing material, as appropriate, each system serving 3,300 or fewer persons with a monitoring waiver shall provide written notification to the State, stating the circumstances resulting in the lead-containing and/or copper-containing materials being introduced into the system and what corrective action, if any, the system plans to remove these materials.

(5) Each ground water system that limits water quality parameter monitoring to a subset of entry points under section 5-1.43(b)(2)(iii) of this Subpart shall provide by the commencement of such monitoring, written correspondence to the State that identifies the selected entry points and includes information sufficient to demonstrate that the sites are representative of water quality and treatment conditions throughout the system.

(b)Source water monitoring reporting requirements.

(1) A water system shall report the sampling results for all source water samples collected in accordance with section 5-1.44 of this Subpart within the first 10 days following the end of each source water monitoring period.

(2) With the exception of the first round of source water sampling conducted, the system shall specify any site which was not sampled during previous monitoring periods, and include an explanation of why the sampling point has changed.

(c)Corrosion control treatment reporting requirements.

By the applicable dates under section 5-1.41(c) of this Subpart or a date specified by the State, systems shall report the following:

(1) for systems demonstrating that they have already optimized corrosion control, information required in section 5-1.41(b) of this Subpart;

(2) for systems required to optimize corrosion control, their recommendation regarding optimal corrosion control treatment in accordance with section 5-1.41(c)(3) of this Subpart;

(3) for systems required to evaluate the effectiveness of corrosion control treatments, the information required for corrosion control studies in accordance with section 5-1.41(c)(3) of this Subpart;

(4) for systems required to install optimal corrosion control designated by the State, a letter certifying that the system has completed installing that treatment in accordance with section 5-1.41(e) of this Subpart.

(d)Source water treatment reporting requirements.

In accordance with section 5-1.45 of this Subpart, systems shall report the following:

(1) for systems required to make a source water treatment recommendation in accordance with section 5-1.45(a)(1) of this Subpart, the information required by that section;

(2) for systems required to install source water treatment in accordance with section 5-1.45(a)(2) of this Subpart, a letter certifying that the system has completed installing the treatment designated by the State within 24 months after the State designated the treatment.

(e)Lead service line replacement reporting requirements.

Water systems subject to the requirements of section 5-1.46 of this Subpart shall report the following to demonstrate compliance with that section:

(1) No later than 12 months after the end of a monitoring period in which a system exceeds the lead action level in sampling referred to in section 5-1.46(a) of this Subpart, the system shall submit written documentation to the State of the material evaluation conducted as required in section 5-1.42(a) of this Subpart, identify the initial number of lead service lines in its distribution system at the time the system exceeds the lead action level, and provide the system's schedule for annually replacing at least seven percent of the initial number of lead service lines in its distribution system.

(2) No later than 12 months after the end of a monitoring period in which a system exceeds the lead action level in sampling referred to in section 5-1.46(a) of this Subpart, and every 12 months thereafter, the system shall demonstrate to the State in writing that the system has either:

(i) replaced in the previous 12 months at least 7 percent of the initial lead service lines in its distribution system; or

(ii) conducted sampling which demonstrates that the lead concentration in all service line samples from an individual line(s), meeting the requirements of section 5-1.46(b)(2) of this Subpart, is less than or equal to 0.015 mg/L. In such cases, the total number of lines replaced and/or which meet the criteria in section 5-1.46(b)(2) of this Subpart shall equal at least seven percent of the initial number of lead lines identified under paragraph (1) of this subdivision or the percentage specified by the State under section 5-1.46(d) of this Subpart.

(3) The annual letter submitted to the State under paragraph (2) of this subdivision shall contain the following information:

(i) the number of lead service lines replaced during the previous year of the system's replacement schedule;

(ii) the number and location of each lead service line replaced during the previous year of the system's replacement schedule; and

(iii) if measured, the lead concentration in the water and the location of each lead service line sampled, the sampling method, and the date of sampling.

(4) Any system which collects lead service line samples following partial lead service line replacement in accordance with section 5-1.46(c)(1) of this Subpart shall report the results to the State within the first ten days of the month following the month in which the system receives the laboratory results, or as specified by the State. Systems shall also report any additional information as specified by the State, and in a time and manner prescribed by the State, to verify that all partial lead service line replacement activities have taken place.

(f)Public education reporting requirements.

Water systems shall report the following to demonstrate compliance with requirements of section 5-1.47 of this Subpart:

(1) Each system shall mail a sample copy of the consumer notification of tap results to the State along with a certification that the notification has been provided no later than three months following the end of the monitoring period.

(2) Any water system that is subject to the public education requirements under section 5-1.47 of this Subpart shall, within 10 days after the end of each period in which the system is required to perform public education, send written documentation to the State that contains:

(i) a demonstration that the system has delivered the public education materials that meet the content requirements in section 5-1.47(b)(1) of this Subpart and the delivery requirements in section 5-1.47(b)(2) of this Subpart; and

(ii) a list of all newspapers, radio stations, television stations, and facilities and organizations to which the system delivered public education materials during the period in which the system was required to perform public education tasks.

(3) Unless required by the State, a system that previously has submitted the information required by subparagraph (2)(ii) of this subdivision need not resubmit the information required, as long as there have been no changes in the distribution list and the system certifies that the public education materials were distributed to the same list submitted previously.

(g) Reporting of additional monitoring data.

Any system which collects sampling data in addition to that required by this sections 5-1.40 through 5-1.48 of this Subpart, including data collected in accordance with sections 5-1.41(b)(6), 5-1.42(d), and 5-1.43(d) of this Subpart, shall report the results to the State within the first 10 days following the end of the applicable monitoring period during which the samples were collected.

(h) Reporting the 90th percentile lead and copper concentration where the State calculates a system's 90th percentile concentrations. A water system is not required to report the 90th percentile lead and copper concentration measured from among all lead and copper tap water samples collected during each monitoring period, as required by subparagraph (a)(1)(iii) of this section if:

(1) the State has previously notified the water system that it will calculate the water system's 90th percentile lead and copper concentrations, based on the lead and copper tap results submitted pursuant to subparagraph (2)(i) of this subdivision, and has specified a date before the end of the applicable monitoring period by which the system shall provide the results of lead and copper tap water samples; and

(2) the system has provided the following information to the State by the date specified in paragraph (1) of this subdivision:

(i) the results of all tap samples for lead and copper including the location of each site and the criteria under section 5-1.42(a)(1)(iii)-(iv) of this Subpart under which the site was selected for the system's sampling pool, pursuant to subparagraph (a)(1)(i) of this section; and

(ii) an identification of sampling sites utilized during the current monitoring period that were not sampled during previous monitoring periods, and an explanation why sampling sites have changed; and

(3) the State has provided the results of the 90th percentile lead and copper calculations, in writing, to the water system before the end of the monitoring period.

(i) Prior to the addition of a new source or any long-term change in water treatment, a water system deemed to have optimized corrosion control under section 5-1.41(b) of this Subpart, a water system subject to reduced monitoring under section 5-1.42(c) of this Subpart, or a water system subject to a monitoring waiver under section 5-1.42(f) of this Subpart shall submit written documentation to the State describing the proposed change or addition within a timeframe specified by the State, or if no specific time is designated by the State, then as early as possible.

(j)Recordkeeping requirements.

Any system subject to the requirements of sections 5-1.40 through 5-1.48 of this Subpart shall retain on its premises original records of all sampling data and analyses, reports, surveys, letters, evaluations, schedules, State approvals and determinations, and any other information required by sections 5-1.41 through 5-1.48 of this Subpart. Each water system shall retain the records required by this section for no fewer than 12 years.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 5-1.48

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