Providing Safe Drinking Water Roles & Responsibilities Building Relationships for Capacity Development Eric W. Wohlers, PE Env. Health Director Chris Crawford, Ph.D. Water Resource Specialist Cattaraugus County
Agenda • Role Authority • Role Responsibilities • Actors • Working Towards Capacity Development
When the well is dry, we know the worth of water. – Benjamin Franklin Water sustains all.– Thales of Miletus, 600 B.C.
Roles - Agencies • Health Department (State, Local) • Supplier of Water • Others (NYSDEC, NYS Ag. & Markets)
Regulatory Spectrum Judicial Interpretation Industry Practice AWWA Standards Regulations (Rules, Code) NYCRR, SSC Agency Guidance DOH - EHM Legislative Policy Legislative Intent Law PHL, ECL, USC It’s Complicated
Role – Health Department Safe Drinking Water Act Federal Government - EPA Public Health Law Article 11, Title 1, §1100 State Government - NYSDOH Public Health Law 11, Title 1, §308 - 309 Local Government – Local Board of Health County Sanitary Code Local Government – County Health Department
Roles – Health Department Statutory Authority for Regulating - EPA Safe Drinking Water Act Amendments of 1996 CONGRESSIONAL FINDINGS Section 3 of Pub. L. 104-182 provided that: "The Congress finds that - (1) safe drinking water is essential to the protection of public health; (2) because the requirements of the Safe Drinking Water Act (42 U.S.C. 300f et seq.) now exceed the financial and technical capacity of some public water systems, especially many small public water systems, the Federal Government needs to provide assistance to communities to help the communities meet Federal drinking water requirements;
Roles – Health Department Statutory Authority for Regulating - EPA Safe Drinking Water Act Amendments of 1996 (1) Identification of contaminants for listing. - (A) General authority. - The Administrator shall, in accordance with the procedures established by this subsection, publish a maximum contaminant level goal and promulgate a national primary drinking water regulation for a contaminant (other than a contaminant referred to in paragraph (2) for which a national primary drinking water regulation has been promulgated as of August 6, 1996) if the Administrator determines that -
Roles – Health Department Statutory Authority for Regulating – EPA to States Safe Drinking Water Act Amendments of 1996 42 USC Chapter 6A , Subchapter XII, Part B, §300g-1 (a) In general For purposes of this subchapter, a State has primary enforcement responsibility for public water systems during any period for which the Administrator determines (pursuant to regulations prescribed under subsection (b) of this section) that such State - (1) has adopted drinking water regulations that are no less stringent than the national primary drinking water regulations promulgated by the Administrator
Roles – Health Department Statutory Authority for Regulating – EPA to States Safe Drinking Water Act Amendments of 1996 42 USC Chapter 6A , Subchapter XII, Part B, §300g-2 (a) In general For purposes of this subchapter, a State has primary enforcement responsibility for public water systems during any period for which the Administrator determines (pursuant to regulations prescribed under subsection (b) of this section) that such State - (1) has adopted drinking water regulations that are no less stringent than the national primary drinking water regulations promulgated by the Administrator
Roles – Health Department Statutory Authority for Regulating – State - NYSDOH Public Health Law Article 11, Title 1, §220 Public Health Law Article 11, Title 1, §225 Public Health Law Article 11, Title 1, §1100 § 220. Public health and health planning council; appointment of members. There shall continue to be in the department a public health and health planning council to consist of the commissioner and fourteen members to be appointed by the governor with the advice and consent of the senate; … § 225. 4. The public health and health planning council shall have power by the affirmative vote of a majority of its members to establish, and from time to time, amend and repeal sanitary regulations, to be known as the sanitary code of the state of New York, subject to approval by the commissioner. § 1100. Rules and regulations of the department. 1. The department may make rules and regulations for the protection from contamination of any or all public supplies of potable waters and water supplies of the state or United States… and their sources within the state,
Roles – Health Department Statutory Authority for Regulating – State – Local BOH Public Health Law Article 11, Title 1, §300 Public Health Law Article 11, Title 1, §308 Public Health Law Article 11, Title 1, §309 § 300. Local boards of health; continuation. There shall continue to be local boards and departments of health and health officers in the several counties, cities, villages and towns of the state except as otherwise provided by law. § 308. Local boards of health; general powers and duties. Subject to the provisions of this chapter and of the sanitary code, every local board of health shall: (d) make and publish, from time to time, such orders and regulations, not inconsistent with the provisions of the sanitary code, as it may deem necessary and proper for the preservation of life and health …; § 309. Local boards of health; quasi-judicial powers; enforcement. 1. Every local board of health may: (f) prescribe and impose penalties for the violation of or failure to comply with any of its orders or regulations, or any of the regulations of the state sanitary code,
Roles – Health Department Statutory Authority for Regulating – State – Local BOH Public Health Law Article 11, Title 1, §347 Public Health Law Article 11, Title 1, §348 §347.County or part-County Boards of Health; powers and duties; rules and regulations: 1. Upon the establishment of a board of health for a county or part-county health district as provided in this article it shall exercise all the powers and perform all duties of local boards of health as provided in this chapter…. c. Nothing herein contained shall be construed to restrict the power of any county, city, town or village to adopt and enforce additional ordinances or enforce existing ordinances relating to health and sanitation provided that such ordinances are not inconsistent with the provisions of this chapter or the sanitary code. • §348.County or part-county health districts; sanitary codes; violations and penalties. • Any non-compliance or non-conformance with any provision of such sanitary • code or of a rule or regulation, duly made thereunder shall constitute a violation
Roles – Health Department Statutory Authority for Regulating –Local BOH - LHD PART 3. RULES AND REGULATIONS. 3.1 The Commissioner of Health of Cattaraugus County is hereby authorized and empowered to make and promulgate administrative rules and regulations necessary to enforce the provisions of the New York State Sanitary Code and the Cattaraugus County Public Health Code. PART 4. STATE SANITARY CODE. 4.1 The provisions of the State Sanitary Code and any additional regulations which may be added to it from time to time are hereby incorporated as part of the Public Health Code of the Cattaraugus County Health District. PART 9. CODE VIOLATIONS. 9.1 Alleged violations of the Public Health Law, Public Health Code or State Sanitary Code may be handled through an administrative hearing, at the option of the Commissioner, or the Commissioner's designee.
Roles – The Supplier (bm) Supplier of water means any person who owns or operates a public water system. (ar) Person means an individual, corporation, company, association, partnership, State agency, municipality, including a county, or Federal agency.
Roles – The Supplier Guesses? Individual County City Corporation Town Village
Roles – The Supplier 10 NYCRR 5-1.1 - Definitions (ay) Public water system means a community, noncommunity or nontransient noncommunity water system which provides water to the public for human consumption through pipes or other constructed conveyances, if such system has at least five service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. Such term includes: (1) collection, treatment, storage and distribution facilities under control of the supplier of water of such system and used with such system; and (2) collection or pretreatment storage facilities not under such control which are used with such system EHM – PWS 74
Roles – The Supplier 10 NYCRR 5-1.1 - Definitions (e) Community water system (CWS) means a public water system which serves at least five service connections used by year-round residents or regularly serves at least 25 year-round residents (ao) Noncommunity water system (NCWS) means a public water system that is not a community water system. (ap) Nontransient noncommunity water system (NTNC) means a public water system that is not a community water system but is a subset of a noncommunity water system that regularly serves at least 25 of the same people, four hours or more per day, for four or more days per week, for 26 or more weeks per year.
Roles – The Supplier EHM-CSFP 10 Individual On-Site Water Systems (IWS) An individual on-site water system (IWS) means a water system other than a public water system that provides water for human consumption at a facility that is regulated by the State Sanitary Code. These systems are found at all regulated facilities that operate fewer than 60 days, serve less than an average of 25 individuals per day and have less than 5 service connections. This definition only applies to this EHM item and is to be used to describe water systems at regulated facilities that do not meet the Part 5 definition of a public water system.
Roles – The Supplier Power to create Power to do engineering and enter premises to do so Power to acquire private system and method for doing so Statutory Authority for Operation - Cities § 20. Grant of specific powers. Subject to the constitution and general laws of this state, every city is empowered: 7. To lay out, establish, construct, maintain, operate, alter and discontinue ……sewers and drainage systems, water supply systems…may acquire on its behalf by purchase or by condemnation any water supply system owned and operated by a waterworks corporation within the limits of such city, and where such water supply system extends beyond the limits of such city, any such city may acquire on its behalf by purchase or by condemnation the portion of the water supply system within the limits of such city, and may pay the purchase price or award therefor wholly or partly by the assumption of outstanding bonds of such waterworks corporation, and to cause the necessary explorations, investigations, examinations, surveys, maps, plans, specifications and reports for its proposed water supply systems or extensions thereof to be made and for such purposes by its officers, agents, servants or employees may enter at all times upon any lands or waters, subject to liability for all damages done.
Roles – The Supplier Statutory Authority for Operation - Cities Municipal Home Rule Article 2 §4 In the exercise of its powers to adopt and amend local laws, the legislative body of a local government shall have power: (a) To delegate to any officer or agency of such local government the power to adopt resolutions or to promulgate rules and regulations for carrying into effect or fully administering the provisions of any local law… Salamanca City Charter is a type of local law. The Salamanca BPU promulgates rules & regs and adopts resolutions for fulfilling it’s duties in the charter
Roles – The Supplier Statutory Authority for Operation – Villages (Article 11 – Village Law) § 11-1102 Resolution for establishment of water works. The board of trustees of any village may by resolution determine upon the establishment of a system of water works for supplying the village and its inhabitants with water, or for the acquisition of an existing private system, at an expense in either case not exceeding the sum stated in the resolution § 11-1104. Acquisition of existing system. If a resolution be adopted for the acquisition of an existing system of water works, the board of water commissioners may purchase the same at a price not exceeding the sum specified therein. If the board cannot agree with the owners of the system for its purchase, proceedings may be taken to acquire the same pursuant to the provisions of the eminent domain procedure law.
Roles – The Supplier Map, Plan & report Construction and appointment of superintendent Statutory Authority for Operation – Villages (Article 11 – Village Law) § 11-1106 Establishment of water works. If a resolution to establish a system of water Works be adopted, the board of water commissioners shall proceed to construct such System accordingly. It shall prepare a map and plans showing the sources of water supply and a description of the lands, streams, water or water rights to be acquired therefor, and the mode of constructing the proposed water works and the location thereof, including reservoirs, mains, distributing pipes and hydrants. The water commissioners, their agents, servants and employees, may enter upon any lands for the purpose of preparing such map and plans. The map and plans shall be filed with the village clerk, and a certified copy of such map shall also be filed in the county clerk's office of each county in which any of the lands are situated. … The board may construct such water system by contract or otherwise, and may appoint, and at pleasure remove, a superintendent to take charge of the system, and may fix his compensation or may, by resolution, provide that any other village officer shall also act as the superintendent of water.
Roles – The Supplier Statutory Authority for Operation – Villages (Article 3 & 4 – Village Law) §4-412 The board of Trustees. ….The board of trustees may create or abolish by resolu- tion offices, boards, agencies and commissions and delegate to said offices, boards, agencies and commissions so much of its powers, duties and functions as it shall deem necessary for effectuating or administering the board of trustees duties and functions. § 3-308 Separate boards of commissioners. 1. The board of trustees may establish or abolish a board or boards of fire, ambulance, water, light, sewer, park or cemetery commissioners or a single municipal board having the powers, duties and responsibilities of two or more such separate boards.
Roles – The Supplier Statutory Authority for Operation – Towns (Article 12 & 12-A – Town Law) § 190. Establishment or extension of improvement districts. Upon a petition as hereinafter provided, the town board of any town may establish or extend in said town a sewer, drainage, water, water quality treatment,...water supply, … district and provide improvements or services, or both, in any such district, wholly at the expense of the district… No such district shall be established or extended in a city or in an Incorporated village provided, however, that such a district may be established or extended wholly or partly within an incorporated village on consent … § 209. Application of article. Notwithstanding any other provisions of this chapter, the town board of any town may, in the manner provided by this article, establish or extend in said town, improvement districts as defined in this article and provide improvements or services, or both, in any such district, wholly at the expense of the district; …. Any improvement district as defined in this article established pursuant to this article or otherwise may be extended pursuant to the provisions of this article or any other a applicable provision of law. …
Roles – The Supplier Statutory Authority for Operation – Towns (Article 12 & 12-A – Town Law)
Roles – The Supplier Statutory Authority for Operation – Counties (Article 5-A – County Law) • § 250. Purpose. The board of supervisors of each county may establish, consolidate, • or extend county water, … districts (hereinafter referred to in this article as the "district") • In the manner hereinafter provided: • For the purpose of developing or acquiring a supply of water for (a) wholesale • distribution to other municipalities, districts or persons, corporate or otherwise, within • the county water district, (b) retail distribution, except as hereinafter provided, or • (c) both such wholesale and retail distribution;
Roles – The Supplier Statutory Authority for Operation – Counties (Article 5-A – County Law) § 251. County agency. The board of supervisors may appoint or establish an officer, board or body, or may designate an existing officer, board or body, or public authority which possesses the express power to act as such an agency, to act as a county water, …agency (hereinafter referred to in this article as the "agency") having the powers hereinafter prescribed …to carry into effect the provisions of this article. Except in the case of a public authority, the agency may also be designated as the administrative head or body of any county district which may be established pursuant to the provisions of this article. All matters relating to the membership of such agency, including, but not limited to, numbers, method of selection, tenure, qualifications and compensation, shall be determined by the board of supervisors.
Roles – The Supplier Statutory Authority for Operation – Corporation (Article 4-B – Public Services Law) § 89-a. Application of article. This article shall apply to the sale, furnishing and distribution of water for domestic, commercial and public purposes, not including bottled water. Article 1 §2 .27. The term "water-works corporation", …includes every corporation, company, association, joint stock association, partnership and person, their lessees, trustees or receivers, appointed by any court whatsoever, owning, operating or managing any water plant or water-works… § 89-c. General powers of commission in respect to water supply. The commission: 1. Shall have general supervision of all water-works corporations, …. having authority under any general or special law or under any charter or franchise to lay down, construct or maintain pipes, conduits, ducts or other fixtures in, on or under the streets, highways and public places of any municipality, for the purpose of furnishing or distributing water for domestic, commercial or public uses, and all water systems owned, leased or operated by any such water-works corporation…
Supplier – Public Health Responsibilities • Law • - Actors • - General powers / roles • - General responsibilities • Regulations • - Rules • - Methods / ways • - specific responsibilities
Supplier – Public Health Responsibilities 10 NYCRR 5.1 Public Water Systems
Supplier – Public Health Responsibilities 5-1.11 Applicability. (Effective Date: Jan. 19, 1990) The provisions of sections 5-1.10 through 5-1.15 of this Subpart shall apply, throughout the State of New York, to all existing and proposed sources of water supply. 5-1.20 Applicability. (Effective Date: December 30, 1992) The provisions of sections 5-1.20 through 5-1.33 of this Subpart shall apply to all public water systems, provided the systems serve 15 or more service connections or serve 25 or more persons.
Supplier – Public Health Responsibilities • §5-1.12 Water quality for existing sources of water supply. • Whenever the supplier of water determines or is advised by the State that one or • more of the MCLs set forth in this Subpart are or may be exceeded; …..the supplier of water • shall notify the State and do the following: • (1) undertake a study to determine the cause or causes of such conditions, independent of • known or anticipated treatment technology; • (2) modify existing or install treatment to comply, to the extent practicable, with • sections 5-1.30, 5-1.50, 5-1.51 and 5-1.60 of this Subpart; • (3) initiate water sampling as needed to delineate the extent and nature of the • cause of concern; • (4) investigate all or part of the watershed or aquifer to verify any existing or • potential changesin the character of the sources of water supply; and • (5) submit a written report to the State within 30 days of the onset of the foregoing conditions • summarizing the findings outlined in paragraphs (1) through (4) of this subdivision. Insure adequate source quality!!
Supplier – Public Health Duties/ Responsibilities §5-1.12 Water quality for existing sources of water supply. The supplier of water shall collect raw water samples at a frequency prescribed by the State and analyze for contaminants in accordance with requirements set forth in "Acceptable Methods for the Analyses of Contaminants in Water"1 and section 5-1.74 of this Subpart. Insure adequate source quality!!
Supplier – Public Health Responsibilities • §5-1.22 Approval of plans and completed works. • No supplier of water shall make, install or construct, or allow to be made, • installed or constructed, a public water system or any addition or deletion to or • modification of a public water system until the plans and specifications have been • submitted to and approved by the State. … §5-A Recommended Standards for Water Works, 2007 edition, published by the Great Lakes-Upper Mississippi River Board of State and Provisional Public Health and Environmental Managers and available from Health Research Inc., P.O. Box 7126, Albany, NY 12224, Insures best engineering practices !!
Supplier – Public Health Responsibilities • 5-1.23 Reporting emergencies. (Effective Date: March 11, 1992) • The supplier of water shall not take, use, or cause to be taken for use water from • any emergency source or stop or alter disinfection or other treatment processes without • first having notified by telephone or telegram, and received the approval of, • the State…. • (b) The supplier of water must make State notification when he determines that the • delivery of water is interrupted to a minimum of 25 individuals or 15 service • connections, or to a minimum of one percent of the total number of individuals served • or service connections, whichever is larger, for a period of four hours or more. Addresses safe and adequate water in emergencies!!
Supplier – Public Health Responsibilities 5-1.27 Adequacy of distribution system. (Effective Date: June 24, 1981) The public water system shall be maintained and operated by the supplier of water to assure a minimum working pressure of 20 pounds per square inch at ground level at All points in the distribution system. Measurement of pressure may be obtained from representative points of use. Insures adequate water pressure for customers!!
Supplier – Public Health Responsibilities • Section 5-1.30.* Providing treatment for public water systems. • The supplier of water shall provide such treatment as necessary to deliver to the • consumer a water conforming to the requirements of this section and determined in • accordance with the analytical methods contained in Appendix 5-C and section 5-1.74 • of this Subpart. • Minimum treatment for a groundwater source shall be disinfection by • chlorination or other disinfection methods acceptable to the depart- • mentin accordance with the provisions of section 5-1.22 of this Subpart. • (b) Minimum treatment for surface water sources or ground water sources • directly influenced by surface water shall be filtration and disinfection • techniques, approved by the State in accordance with section 5-1.22 of this • Subpart Safeguards against bacteria!!
Supplier – Public Health Responsibilities Section 5-1.31.* Cross Connection Control. (a) The supplier of water shall protect the public water system by containing potential contamination within the premises of the user in the following manner: (1) by requiring an approved air gap, reduced pressure zone device, double check valve assembly or equivalent protective device consistent with the degree of hazard posed by any service connection; (2) by requiring the users of such connections to submit plans for the installation of protective devices to the supplier of water and/or the State for approval; and (3) by assuring that all protective devices be tested at least annually. Records of such shall be made available to and maintained by the supplier of water. Safeguards against other contaminants!!
Supplier – Public Health Responsibilities 5-1.50 Applicability and responsibility. (Effective Date: December 30, 1992) The provisions of sections 5-1.51 through 5-1.52 of this Subpart shall apply to all public water systems. The supplier of water of a public water system is responsible for completion of the monitoring requirements set forth in such sections and for performing all analyses in accordance with the analytical requirements set forth in Appendix 5-C of this Subpart. At the discretion of the State, analyses performed by the State may be used for monitoring purposes. Safeguards against other contaminants!!
Supplier – Public Health Responsibilities 5-1.51 Maximum contaminant levels, maximum residual disinfectant levels and Treatment technique requirements. (Effective Date: May 26, 2004) (a) The maximum contaminant levels, maximum residual disinfectant levels and treatment technique requirements are listed in section 5-1.52 tables 1 through 7 of this Subpart. In the case where an MCL, MRDL, or treatment technique requirement is exceeded, Notwithstanding anything to the contrary contained in section 5-1.12 of this Subpart, the supplier of water will take the necessary steps to comply with this section, to ensure the protection of the public health, including the undertaking of remedial feasibility studies and the installation of a suitable treatment process. Compliance with the MCLs, MRDLs and treatment technique requirements shall be determined by the procedures contained in section 5-1.52 tables 1 through 7 of this Subpart. Safeguards against other contaminants!!
Supplier – Public Health Responsibilities • 5-1.71 Protection and supervision of public water systems. • The supplier of water and the person or persons operating a public water system • shall exercise due care and diligence in the maintenance and supervision of all sources of • the public water systems to prevent, so far as possible, their pollution and depletion. • (b) The supplier of water and the person or persons operating a water treatment • plant or distribution system shall exercise due care and diligence in the operation and • maintenance of these facilities and their appurtenances to ensure continued compliance • with the provisions of this Subpart. Facilities approved by the State shall be operated in • accordance with their design unless otherwise authorized under the provisions of • sections 5-1.22, 5-1.23 or 5-1.24 of this Subpart. Due Care & diligence!!!
Supplier – Public Health Responsibilities Section 5-1.72.* Operation of a public water system. (a)The supplier of water and the person or persons in charge of the operation of a public water system shall operate and maintain the public water system in such a manner to meet the requirements of this Subpart. (b) The person or persons in charge of operation of a public water system shall be certified pursuant to Subpart 5-4 of this Part. (e) Each community water system which serves 15 or more service connections used by year- round residents or regularly serves at least 25 year-round residents shall prepare and provide an annual water supply statement (report) to the customers it serves. Due Care & diligence!!!
Supplier – Public Health Responsibilities • § 5-1.77 State notification. (Effective Date: May 26, 2004) • The supplier of water shall make State notification within 24 hours of learning • of the existence or potential existence of a public health hazard, or within 48 hours for • any other violation or situation that may pose a risk to public health. Insures technical assistance is available!!!
Supplier – Public Health Responsibilities • §5-1.78 Public Notification (Effective Date: May 26, 2004) • General public notification requirements. • Each owner or operator of a public water system must provide public notification for • public health hazards, and for all MCL, MRDL, treatment technique, monitoring and • testing procedure violations, and for other situations posing a risk to public health. Insures public knows the risks associated with water!!
Supplier – Other Responsibilities § 89-l Public Service Law . Municipal water systems. …. The other provisions of this chapter shall not apply to such a municipality, nor to its said business of owning, maintaining or operating a water system or of selling, furnishing or distributing water, except such provisions as are applied by this section by express reference. … 2. Each such municipality shall file with the public service commission a copy of the annual report of its division, bureau or department of water.
Supplier – Other Responsibilities • § 401. General Municipal Law - Definitions • The term "undertaking" shall include the following revenue-producing undertakings, whether now existing or hereafter acquired or constructed: … • … instrumentalities and properties used or useful in connection with (i) the obtaining of a water supply and the collection, treatment and disposal of water for public and private uses,