2006 New York Code - Water Supply Emergency Plans

 
    §  1125. Water supply emergency plans. 1. Definitions. As used in this
  title:
    (a) "Water supply emergency plan" shall mean a plan  approved  by  the
  commissioner and filed with the department. The plan shall follow a form
  which  shall be specified by the department and which shall include, but
  not be limited to, those items enumerated in  this  section,  and  shall
  address  those  actions  to  be  taken by a water supplier to anticipate
  emergencies and respond responsibly to emergency situations.
    (b) "Water supplier" shall mean any person  who  owns  or  operates  a
  community water system and has annual gross operating revenues in excess
  of one hundred twenty-five thousand dollars.
    2.  All  water  suppliers shall prepare a water supply emergency plan;
  provided, however, if more than one water supplier  is  responsible  for
  the  same  system,  such  plan shall be submitted jointly by such two or
  more water suppliers. The plan shall  identify  and  outline  the  steps
  necessary  to  ensure  that  potable  water  is available during a water
  supply emergency. The water supply emergency plan shall include, but not
  be limited to, the following:
    (a) establishment of criteria and  procedures  to  determine  critical
  water levels or safe yield of system,
    (b)  identification  of  existing  and  future  sources of water under
  normal conditions and emergency conditions,
    (c) system capacity and ability to meet peak  demand  and  fire  flows
  concurrently,
    (d) storage capacities,
    (e)  current  condition of present interconnections and identification
  of additional interconnections to meet a water supply emergency,
    (f) specific  action  plan  to  be  followed  during  a  water  supply
  emergency including a phased implementation of the plan,
    (g)  general  water  conservation  programs  and  water  use reduction
  strategies for water supply emergencies,
    (h) prioritization of water users,
    (i) identification and  availability  of  emergency  equipment  needed
  during a water supply emergency,
    (j)   public   notification   program   coordinated  with  the  phased
  implementation schedule, and
    (k) a vulnerability analysis  assessment,  including  an  analysis  of
  vulnerability   to   terrorist   attack,   which  shall  be  made  after
  consultation with local and state law enforcement agencies.
    3. All water suppliers shall, prior to the  final  submission  of  the
  water  supply emergency plan, publish a notice in a newspaper of general
  circulation in the area served by the  community  water  system  stating
  that  the  proposed  water  emergency  plan  is available for review and
  comment; provided, however, a water supplier shall  exempt  from  public
  disclosure  for  public review and comment any information it determines
  to pose a security risk to operation of the water  supply  system.  Such
  notice  shall  be  printed at least once in each of two successive weeks
  and the water supplier shall accept public comment for at least fourteen
  days following the date of the first  publication.  The  water  supplier
  shall  submit  all  public comments with the water emergency plan to the
  department.
    4. Water supply emergency plans shall be submitted to the commissioner
  on or before December thirty-first, nineteen hundred ninety.  All  water
  suppliers  who  have  previously  submitted emergency water supply plans
  which were approved by the commissioner prior to the effective  date  of
  this  title  are  exempt  from  the  provisions of this subdivision. The
  commissioner shall retain a copy of each water supply emergency plan.
    5. Every water supplier shall review, and  if  necessary,  revise  its
  water  supply emergency plan and report its findings to the commissioner
  by December thirty-first, nineteen hundred ninety-five  and  every  five
  years  thereafter.  Any water supplier whose water supply emergency plan
  does not include an analysis of vulnerability to terrorist attack, shall
  revise its emergency plan and report its findings to the commissioner by
  January first, two thousand three.
    6. The commissioner, in his discretion, may provide an opportunity for
  public hearing for persons served by a community water system.
    7. The commissioner shall make such rules and regulations which may be
  necessary to effectuate the purposes of this title.