N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 5-6.10

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

Section 5-6.10 - Maximum contaminant levels

(a) The MCLs listed in section 5-6.11 of this Subpart shall not be exceeded.

(b) The owner or operator of the bottled or bulk water facility is responsible for completion of the sampling and analytical requirements set forth in this Subpart. At the discretion of the State, analyses performed by the State may be used for monitoring purposes.

(c) If the result of a monitoring sample analysis exceeds the MCL for a physical contaminant, except for turbidity or an inorganic chemical contaminant, except for nitrate, the owner or operator of the bottled or bulk facility shall collect and analyze three more samples from the same production run, when feasible, but no later than 24 hours of learning of a potential violation. An MCL violation occurs when the average, rounded to the same number of significant figures as the MCL in question, of the four results exceeds the MCL. For nitrate, the owner or operator of the bottled or bulk water facility shall collect and analyze one more sample from the production run, when feasible, but no later than 24 hours of learning of a potential violation. An MCL violation occurs when the average of the two results exceeds the MCL.

(d) If the result of a monitoring sample analysis exceeds the MCL for the general organic chemical contaminants, the owner or operator of the bottled or bulk facility shall collect and analyze one to three more samples from the same production run, when feasible, but no later than 24 hours of learning of a potential violation. An MCL violation occurs when at least one of the confirming samples is positive and the average of the initial sample and all the confirming samples exceeds the MCL.

(e) The commissioner may exempt bottled water from the chemical and radiological MCLs based on justification, submitted by the owner or operator of the bottled water facility, that granting of the exemption would not result in public health hazard. If an exemption is granted, an appropriate label, approved by the commissioner, shall be conspicuously placed on all bottles and/or containers of such exempted bottled water produced, distributed and/or sold within New York State in accordance with section 56.12(b) of this Subpart.

(f) All analyses for general organic chemicals must be performed in accordance with the U.S. Environmental Protection Agency (EPA) Methods 502.1, 503.1, 524.1, 524.2 or 502, at a detecton limit not to exceed 0.0005 milligrams per liter. If the State has reason to believe that an MCL has been violated, the potenial exists for an MCL violation or the contaminant may present a risk to public health, principal organic contaminant analyses shall also include EPA Methods 504, 625, 604, 605, 608, 609, 611 or 612, as appropriate. EPA Methods 502.1, 503.1, 524.1, 524.2, 502.2 and 504 mean, respectively, "Volatile Halogenated Organic Compounds in Water by Purge and Trap Gas Chromatography;" "Volatile Aromatic and Unsaturaed Organic Compounds in Water by Purge and Trap Gas Chromatography;" "Volatile Organic Compounds in Water by Purge and Trap Gas Chromatography/Mass Spectrometry;" "Volatile Organic Compounds in Water by Purge and Trap Capillary Column Gas Chromatography/Mass Spectrometry," "Volatile Organic Compounds in Water by Purge and Trap Capillary Gas Chromatography with Photoionization and Electrolytic Conductivity Detectors in Series;" and "Measurement of 1,2-Dibromoethance (EDB) and 1,2-Dibromo-3- chloropropane (DBCP) in Drinking Water by Microextraction and Gas Chromatography." These methods are contained in "Methods for Determination of Organic Compounds in Finished Drinking Water and Raw Source Water," September 1986. Copies of this publication can be obtained from Environmental Monitoring and Support Laboratory, EPA, Cincinnati, OH 45268, and a copy is available for inspection and copying at the offices of the Records Access Officer of the Department of Health, Corning Tower, Empire State Plaza, Albany, NY 12237. EPA Methods 604, 605, 608, 609, 611, 612 and 625 mean respectively "Methods for Organic Chemical Analysis of Municipal and Industrial Wastewater; Method 604 - Phemols; Method 605 - Benzidines; Method 608 -Organochlorine Pesticides and PCBs; Method 609 - Nitroaromatics and Isophorone; Method 611 - Haloethers; Method 612 - Chlorinated Hydrocabons; and Method 625 - Base/Neutrals and Acids." These methods are contained in 40 CFR Part 136 as published in the Federal Register, Volume 49, page 43250, No. 209, Friday, October 26, 1984. Copies of this publication are available from U.S. Environmental Protection Agency, Public Information Reference Unit, 401 M Street, SW, Washington, DC 20460 and a copy is available for inspection and copying at the offices of the Records Access Officer of the Department of Health, Corning Tower, Empire State Plaza, Albany, NY 12237.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 5-6.10