Providing Safe Drinking Water Roles & Responsibilities

Building Relationships for Capacity Development

Eric W. Wohlers, PEEnv. Health Director

Chris Crawford, Ph.D.Water Resource Specialist

Cattaraugus County

AgendaRole 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 - AgenciesHealth Department (State, Local)

Supplier of Water

Others (NYSDEC, NYS Ag. & Markets)

Regulatory Spectrum

Law PHL, ECL,

USC

Regulations

(Rules, Code)NYCRR,

SSC

Agency Guidance DOH - EHM

Industry Practice

AWWA Standards

Legislative Policy

Legislative Intent

It’s Complicated

Judicial Interpretation

Role – Health DepartmentStatutory Authority

Role – Health Department

Federal Government - EPA

Safe Drinking Water Act

State Government - NYSDOH

Public Health Law Article 11, Title 1, §1100

Local Government – Local Board of Health

Public Health Law 11, Title 1, §308 - 309

Local Government – County Health Department

County Sanitary

Code

Roles – Health DepartmentStatutory 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 DepartmentStatutory Authority for Regulating - EPA


(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 DepartmentStatutory Authority for Regulating – EPA to States


(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

42 USC Chapter 6A , Subchapter XII, Part B, §300g-1

Roles – Health DepartmentStatutory Authority for Regulating – EPA to States


(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

42 USC Chapter 6A , Subchapter XII, Part B, §300g-2

Roles – Health DepartmentStatutory Authority for Regulating – State - NYSDOH

§ 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,


§ 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.

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; …


Roles – Health DepartmentStatutory Authority for Regulating – State – Local BOH

Public Health Law Article 11, Title 1, §308Public Health Law Article 11, Title 1, §300

§ 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,


§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.b. 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 DepartmentStatutory Authority for Regulating – State – Local BOH Public Health Law Article 11, Title 1, §347


Roles – Health DepartmentStatutory 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.

Role– The SupplierStatutory Authority

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?City

TownVillag

e

County

Corporation

Individual

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

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.

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.

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.

Power to createPower to acquire private system and method for doing so

Power to do engineering and enter premises to do so

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

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.

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, andthe 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.

Map, Plan & reportConstruction and appointmentof superintendent

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 resolution 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.

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 orextended 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 aapplicable provision of law. …

Statutory Authority for Operation – Towns (Article 12 & 12-A – Town Law)

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:

1.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;

§ 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.

Statutory Authority for Operation – Counties (Article 5-A – County Law)

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.

§ 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…

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…

Role – The SupplierResponsibilities

• Law- Actors- General powers / roles- General responsibilities

• Regulations- Rules- Methods / ways- specific responsibilities

10 NYCRR 5.1 Public Water Systems

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.

§5-1.12 Water quality for existing sources of water supply. (a)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 ofknown 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 conditionssummarizing the findings outlined in paragraphs (1) through (4) of this subdivision.

Insure adequate source quality!!

§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!!

§5-1.22 Approval of plans and completed works.(a)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. …

Insures best engineering practices !!

§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,

5-1.23 Reporting emergencies. (Effective Date: March 11, 1992)(a)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!!

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!!

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.

(a) Minimum treatment for a groundwater source shall be disinfection by chlorination or other disinfection methods acceptable to the department in 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!!

Section 5-1.31.* Cross Connection Control.(a) The supplier of water shall protect the public water system by containing

potentialcontamination 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!!

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!!

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 treatmenttechnique requirements are listed in section 5-1.52 tables 1 through 7 of this Subpart. In thecase 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!!

5-1.71 Protection and supervision of public water systems.(a)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!!!

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!!!

§ 5-1.77 State notification. (Effective Date: May 26, 2004)(a)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!!!

§ 5-1.78 Public Notification (Effective Date: May 26, 2004)(a)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!!

§ 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.

§ 401. General Municipal Law - Definitions

(a)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,

§ 402. General Municipal Law - Declaration of policy. It is hereby declared to be the policy of this state that any municipality acquiring, constructing, reconstructing, improving, bettering or extending an undertaking pursuant to this article shall manage such undertaking in the most efficient manner consistent with sound economy and public advantage to the end that the services of the undertaking shall be furnished at the lowest possible cost. No municipality shall operate such undertaking primarily as a source of revenue to the municipality, but shall operate such undertaking for the use and benefit of those served by such undertaking and for the promotion of the welfare and for the improvement of the health, safety, comfort and convenience of the inhabitants of the municipality.

§ 410. General Municipal Law - Undertakings to be self-supporting. The governing body of a municipality issuing bonds to carry out any of the purposes of this article shall prescribe and collect reasonable rates, fees, tolls or charges for the services, facilities and commodities of such undertaking, and shall revise such rates, fees, tolls or charges from time to time whenever necessary so that such undertaking shall be and always remain self-supporting. The rates, fees, tolls or charges prescribed shall be such as will produce revenue at least sufficient (a) to pay when due all bonds and interest thereon for the payment of which such revenue is or shall have been pledged, charged or otherwise encumbered, including reserves therefor, and (b) to provide for all expenses of operation and maintenance of such undertaking, including reserves therefor.

§ 412. General Municipal Law - Use of revenue of undertaking. Any municipality issuing bonds for …. an undertaking shall have the right to appropriate, ….the revenue of such undertaking for the following purposes: (a)to pay when due all bonds and interest thereon, …(b)to provide for all expenses of operation and maintenance of such undertaking, including reserves therefor, (c)to pay and discharge notes, bonds or other obligations and interest thereon, not issued under this article for the payment of which the revenue of such undertaking may have been pledged, charged or encumbered, (d)to pay and discharge notes, bonds or other obligations and interest thereon, which do not constitute a lien, charge or encumbrance on the revenue of such undertaking, which may have been issued for the purpose of financing … undertaking, (e)provide a reserve for improvements to such undertaking.

Unless and until full and adequate provision has been made for the foregoing purposes, no municipality shall have the right to transfer the revenue of such undertaking to its general fund.

§ 94 General municipal law - Earnings of municipal corporations from certain municipally operated public utility services.

Any municipal corporation operating a gas, electric or water public utility service may earn from and out of such operation an amount equivalent to taxes which the said service, if privately owned, would pay to such municipal corporation; and, in addition, such municipal corporation may earn from and out of such operation a fair return on the value of the property used and useful in such public utility service, over and above costs of operation and necessary and proper reserves. Profits resulting from the operation of such a public utility service may be used for the payment of expenses or obligations incurred by such municipal corporation for municipal purposes or for the payment of refunds to consumers.

6 NYCRR 617.1 – SEQRA - Authority, intent and purpose(e) This Part is intended to provide a statewide regulatory framework for the implement-ation of SEQR by all state and local agencies.

6 NYCRR 617.3 – SEQRA – General Rules(a) No agency involved in an action may undertake, fund or approve the action until it has complied with the provisions of SEQR. A project sponsor may not commence any physical alteration related to an action until the provisions of SEQR have been complied with.

21 NYCRR 2604.8 – Application and project financing agreements (PFAs)

(e) An applicant shall not receive DWSRF assistance if either the corporation or the department in its discretion determines that such recipient cannot be reasonably expected to meet its managerial, technical or financial capability obligations under the applicable PFA.


(a)The corporation shall require each recipient to effectively protect water quality, employ good management practices, and fulfill all applicable requirements of: Federal and State laws, regulations, and executive orders,

(e) The recipient shall be required to have or acquire such title, estate or interest in the site of the project, including, without limitation, necessary easements and rights-of-way,


(e) An applicant shall not receive DWSRF assistance if either the corporation or the department in its discretion determines that such recipient cannot be reasonably expected to meet its managerial, technical or financial capability obligations under the applicable PFA.


(a)The corporation shall require each recipient to effectively protect water quality, employ good management practices, and fulfill all applicable requirements of: Federal and State laws, regulations, and executive orders,

(e) The recipient shall be required to have or acquire such title, estate or interest in the site of the project, including, without limitation, necessary easements and rights-of-way,

General Account Standards Board - Statement 34Financial reporting

- Infrastructure depreciation does not have to be reported ifasset management system in place and asset preserved at an

establishedlevel

- If asset management system in place- assessed condition- annual maintenance & preservation cost- basis and scale of the condition measured- conditions level established by gov’t.- Factors influence the above

- Less than $10 million in revenues, retroactive infrastructure recording

not required.- Prospective capitalization, June 15, 2003.

AWWA Standard – G100-05Regulatory RequirementsOperational management practices- Capital improvement- Budget & financial management- Energy management- SOPs- Customer trackingReal property management& maintance practices- Backup equipment- DisinfectionMaintenance & water quality management- Performance goals- Operational monitoring.

Role– Health Dept.Responsibilities

• Engineering Plan Approvals• Water quality monitoring• Operational evaluation• Management evaluation• Technical assistance • Compliance & enforcement

Actor – Health Dept. Players

• Collect samples

• Document / report violations

• Basic inspections / sanitary surveys

• Refer to EHD / Water Resource Specialist

• Perform basic enforcement activities / issue BWO

• Offer basic technical assistance to Non-community systems

Sanitarian - Field staff, multidisciplinary

• Provides regulatory assistance

• Provides technical assistance

• Performs enforcement on NTNC & Community systems

• Sanitary surveys of larger facilities

• Capacity development activities

• Resource management / protection

• Compliance & enforcement activities

• Some plan review

Sr. Sanitarian / Water Specialist - Office staff

• Provides technical assistance

• Sanitary surveys of larger facilities

• Capacity development activities

• State / municipal liaison

• Interprets regulatory guidance

• Project management

• Plan review

Env. Health Director / P.E.- Office staff

• Liaison with county / state officials

• County health officer - Liaison with BOH

• Signs legal agreements including stipulation agreements

Public Health Director - Office staff

• Decides enforcement actions

• Provides guidance / feedback on program activities

Board of Health-

• Regional Office- Compliance staff- Engineer- Director

• Bureau Staff- Training / Certification- Plan review- Regulation development- Technical support- Statewide program management- Report / liaise with EPA

State Players -

• NYS Ag. & Mkt.- EHM-WSP 185- Facilities licensed by A & M

• NYSDEC- Source management- Water supply permits- Contaminated site cleanup

Other Players -

Actor – Supplier Players

• “the person(s)designated by the owner of the system to be the certified water treatment operator(s) who makes decisions regarding the daily

operational activities of a public water system,” 10 NYCRR 5-4

• Supervises other operators

• Not responsible for rates/fees

• Proposes budget

• Certified

• Liaises with Health Department

• Daily treatment, maintenance, operations decisionmaking

Operator in Responsible Charge -

• Duties assigned by ORC

• Certified

• Liaises with Health Department

• Daily maintenance, operations, monitoring

Operator -

• Billing / usage data

• Customer relations (?)

• Budget preparation (?)

• Record keeping

Clerk / finance -

• System design, studies and plan preparation

• Regulatory / legal compliance

• Health department liaison

• Troubleshooting, technical assistance

• Grant writing

Professional consultant Engineer / lawyer-

• Sets budget

• Oversees ORC

• Financial / management / planning – Asset Management

• Customer relations

• Ultimate responsibility

Board

Working towards capacity

Health Department

Supplier

“Working together to improve the system’s capacity to provide safe water sustainably at a reasonable cost.”

Creative Responsibility

• Regulatory

• Operations

• Financial / management / planning

• Municipal functions

• Engineering

• Information technology

Differing Expertise

Willingness to learn & understand

Capacity Development

• Technical

• Management

• Financial

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Providing Safe Drinking Water Roles & Responsibilities

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