New York Public Health Code § 1125

Water supply emergency plans
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§ 1125. Water supply emergency plans. 1. Definitions. As used in this\ntitle:\n  (a) "Water supply emergency plan" shall mean a plan reviewed and\napproved by the commissioner and filed with the department. The plan\nshall follow a form which shall be specified by the department and which\nshall include, but not be limited to, those items enumerated in this\nsection, and shall address those actions to be taken by a water supplier\nto anticipate emergencies and respond responsibly to emergency\nsituations. The department shall maintain a list of all water suppliers\nrequired to submit a water supply emergency plan pursuant to this\nsection.\n  (b) "Water supplier" shall mean any person who owns or operates a\ncommunity water system that supplies drinking water to more than three\nthousand three hundred people.\n  2. All water suppliers shall prepare a water supply emergency plan;\nprovided, however, if more than one water supplier is responsible for\nthe same system, such plan shall be submitted jointly by such two or\nmore water suppliers. The plan shall identify and outline the steps\nnecessary to ensure that potable water is available during a water\nsupply emergency. The water supply emergency plan shall include, but not\nbe limited to, the following:\n  (a) establishment of criteria and procedures to determine critical\nwater levels or safe yield of system,\n  (b) identification of existing and future sources of water under\nnormal conditions and emergency conditions,\n  (c) system capacity and ability to meet peak demand and fire flows\nconcurrently,\n  (d) storage capacities,\n  (e) current condition of present interconnections and identification\nof additional interconnections to meet a water supply emergency,\n  (f) specific action plan to be followed during a water supply\nemergency including a phased implementation of the plan,\n  (g) general water conservation programs and water use reduction\nstrategies for water supply emergencies,\n  (h) prioritization of water users,\n  (i) identification and availability of emergency equipment needed\nduring a water supply emergency,\n  (j) public notification program coordinated with the phased\nimplementation schedule, and\n  (k) a vulnerability analysis assessment, including an analysis of\nvulnerability to terrorist attack and cyber attack, which shall be made\nafter consultation with local and state law enforcement agencies.\n  3. All water suppliers shall, prior to the final submission of the\nwater supply emergency plan, publish a notice in a newspaper of general\ncirculation in the area served by the community water system stating\nthat the proposed water emergency plan is available for review and\ncomment; provided, however, a water supplier shall exempt from public\ndisclosure for public review and comment any information it determines\nto pose a security risk to operation of the water supply system. Such\nnotice shall be printed at least once in each of two successive weeks\nand the water supplier shall accept public comment for at least fourteen\ndays following the date of the first publication. The water supplier\nshall submit all public comments with the water emergency plan to the\ndepartment.\n  4. Water supply emergency plans shall be submitted to the commissioner\non or before December thirty-first, nineteen hundred ninety. All water\nsuppliers who have previously submitted emergency water supply plans\nwhich were approved by the commissioner prior to the effective date of\nthis title are exempt from the provisions of this subdivision. The\ncommissioner shall retain a copy of each water supply emergency plan.\n  5. Every water supplier shall review, and if necessary, revise its\nwater supply emergency plan and report its findings to the commissioner\nby December thirty-first, nineteen hundred ninety-five. Any water\nsupplier whose water supply emergency plan does not include an analysis\nof vulnerability to terrorist attack and cyber attack, shall initiate\nsu

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