Transcript 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
Legislative
Policy
Legislative
Intent
Law
Regulations
PHL, ECL,
USC
NYCRR, SSC
(Rules, Code)
Agency
Guidance
DOH - EHM
It’s Complicated
Judicial
Interpretation
Industry
Practice
AWWA
Standards
Role – Health
Department
Statutory Authority
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.
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 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.
Role– The Supplier
Statutory Authority
Roles – The Supplier
(bm)
(ar)
Supplier of water means any person who owns or operates a public water
system.
Person means an individual, corporation, company, association, partnership,
State agency, municipality, including a county, or Federal agency.
Roles – The Supplier
Individual
County
City
Guesses?
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.
Power
to create
Roles – The Supplier Power
Power
to do
to acquire
engineering
private
andsystem
enter premises
and method
to do
forso
Statutory Authority for Operation - Cities
doing so
§ 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 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.
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:
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;
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 4B – 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…
Role – The Supplier
Responsibilities
Supplier – Public Health Responsibilities
• Regulations
Law
-
Rules
Actors
General powers
Methods
/ ways / roles
General responsibilities
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.
(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 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.
(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. …
§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)
(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!!
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.
(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!!
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.
(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!!!
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)
(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!!!
Supplier – Public Health Responsibilities
§ 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!!
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
(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,
Supplier – Other Responsibilities
§ 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.
Supplier – Other Responsibilities
§ 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.
Supplier – Other Responsibilities
§ 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.
Supplier – Other Responsibilities
§ 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.
Supplier – Other Responsibilities
6 NYCRR 617.1 – SEQRA - Authority, intent and purpose
(e) This Part is intended to provide a statewide regulatory framework for the implementation 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.
Supplier – Other Responsibilities
21 NYCRR 2604.7 – Application and project financing agreements (PFAs)
(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-ofway,
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.
Supplier – Other Responsibilities
21 NYCRR 2604.7 – Application and project financing agreements (PFAs)
(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-ofway,
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.
Supplier – Other Responsibilities
General Account Standards Board - Statement 34
Financial reporting
Infrastructure depreciation does not have to be reported if
asset management system in place and asset preserved at an established
level
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.
Supplier – Other Responsibilities
AWWA Standard – G100-05
Regulatory Requirements
Operational management practices
Capital improvement
Budget & financial management
Energy management
SOPs
Customer tracking
Real property management& maintance practices
Backup equipment
Disinfection
Maintenance & water quality management
Performance goals
Operational monitoring.
Role– Health Dept.
Responsibilities
Health Department – Public Health
Duties/ Responsibilities
•
•
•
•
•
•
Engineering Plan Approvals
Water quality monitoring
Operational evaluation
Management evaluation
Technical assistance
Compliance & enforcement
Actor – Health
Dept. Players
Health Department – Players
Sanitarian - Field staff, multidisciplinary
•
•
•
•
•
•
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
Health Department – Players
Sr. Sanitarian / Water Specialist - Office staff
•
•
•
•
•
•
•
•
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
Health Department – Players
Env. Health Director / P.E.- Office staff
•
•
•
•
•
•
•
Provides technical assistance
Sanitary surveys of larger facilities
Capacity development activities
State / municipal liaison
Interprets regulatory guidance
Project management
Plan review
Health Department – Players
Public Health Director - Office staff
•
•
•
Liaison with county / state officials
County health officer - Liaison with BOH
Signs legal agreements including stipulation agreements
Health Department – Players
Board of Health•
•
Decides enforcement actions
Provides guidance / feedback on program activities
Health Department – Players
State Players •
•
Regional Office
Compliance staff
Engineer
Director
Bureau Staff
Training / Certification
Plan review
Regulation development
Technical support
Statewide program management
Report / liaise with EPA
Health Department – Players
Other Players •
•
NYS Ag. & Mkt.
EHM-WSP 185
Facilities licensed by A & M
NYSDEC
Source management
Water supply permits
Contaminated site cleanup
Actor – Supplier
Players
Supplier – Players
Operator in Responsible Charge •
•
•
•
•
•
•
“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
Supplier – Players
Operator •
•
•
•
Duties assigned by ORC
Certified
Liaises with Health Department
Daily maintenance, operations, monitoring
Supplier – Players
Clerk / finance •
•
•
•
Billing / usage data
Customer relations (?)
Budget preparation (?)
Record keeping
Supplier – Players
Professional consultant Engineer / lawyer•
•
•
•
•
System design, studies and plan preparation
Regulatory / legal compliance
Health department liaison
Troubleshooting, technical assistance
Grant writing
Supplier – Players
Board
•
•
•
•
•
Sets budget
Oversees ORC
Financial / management / planning – Asset Management
Customer relations
Ultimate responsibility
Working towards
capacity
Working Together
Health Department
Supplier
Working Together
“Working together to improve the system’s
capacity to provide safe water sustainably at
a reasonable cost.”
Creative Responsibility
Working Together
Differing Expertise
•
•
•
•
•
•
Capacity Development
Regulatory
Operations
Financial / management
/ planning
Municipal functions
Engineering
Information technology
Willingness to
learn &
understand
•
•
•
Technical
Management
Financial