§ 1112. Emerging contaminant monitoring. 1. Industry and modern\ntechnology have created thousands of new chemicals that would not\notherwise exist in nature. Although some of these chemicals have proven\nbenefits, the effect of many such chemicals on human health is unknown\nor not fully understood. Furthermore, with the advance of science and\ntechnology, public health scientists and experts are able to identify\nnaturally occurring contaminants that pose previously unknown hazards to\nhuman health. Where these chemicals or contaminants, collectively\nreferred to as "emerging contaminants," enter drinking water supplies,\nthey can present unknown but potentially serious risks to public health.\nNew Yorkers served by public water supplies have the right to know when\npotentially hazardous substances contaminate their drinking water and\nthe department must be equipped to monitor and protect the public from\nthese emerging contaminants.\n 2. a. "Emerging contaminants" shall mean any physical, chemical,\nmicrobiological or radiological substance listed as an emerging\ncontaminant pursuant to subdivision three of this section.\n b. "Notification level" means the concentration level of an emerging\ncontaminant in drinking water that the commissioner has determined,\nbased on available scientific information, warrants public notification\nand may require actions, which may include enhanced monitoring and\nactivities to reduce exposure, pursuant to this section.\n c. "Covered public water system" shall mean: (i) a public water system\nthat serves at least five service connections used by year-round\nresidents or regularly serves at least twenty-five year-round residents;\nor (ii) a public water system that regularly serves at least twenty-five\nof the same people, four hours or more per day, for four or more days\nper week, for twenty-six or more weeks per year.\n 3. a. The commissioner shall promulgate regulations to identify and\nlist substances as emerging contaminants that meet the following\ncriteria:\n (i) are not subject to any other substance-specific drinking water\nregulation of the department that establishes a maximum contaminant\nlevel, maximum residual disinfectant level, or action level;\n (ii) are known or anticipated to occur in public water systems; and\n (iii) because of their quantity, concentration, or physical, chemical\nor infectious characteristics, may cause physical injury or illness, or\notherwise pose a potential hazard to human health when present in\ndrinking water.\n b. In determining what substances shall be listed as emerging\ncontaminants the commissioner shall, at a minimum, consider:\n (i) unregulated contaminants monitored pursuant to the federal Safe\nDrinking Water Act (42 U.S.C. § 300g-1) as amended from time to time;\n (ii) substances that require regulation or monitoring when present in\ndrinking water in other jurisdictions outside the state of New York;\n (iii) pesticide chemicals for which the United States environmental\nprotection agency has set human health benchmarks for drinking water;\n (iv) substances found at sites in remedial programs located inside and\noutside the state of New York, including but not limited to inactive\nhazardous waste sites; and\n (v) recommendations from the drinking water quality council\nestablished pursuant to section eleven hundred thirteen of this title.\n c. The commissioner shall, at a minimum, include the following\nchemicals identified as emerging contaminants in the first list of\nemerging contaminants: perfluorononanoic acid (PFNA);\nperfluorohexanesulfonic acid (PFHxS); perfluoroheptanoic acid (PFHpA);\nperfluorobutanesulfonic acid (PFBS); hexafluoropropylene oxide dimer\nacid (HFPO-DA); Perfluorodecanoic acid (PFDA); Perfluorododecanoic acid\n(PFDoA); Perfluorohexanoic acid (PFHxA); Perfluoroundecanoic acid\n(PFUnA); 11-chloroeicosafluoro-3-oxaundecane-1-sulfonic acid\n(11Cl-PF3OUdS); 9-chlorohexadecafluoro-3-oxanonane-1-sulfonic
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