§ 1125 — Water supply emergency plans

New York § 1125

• Jurisdiction: New York
• Law PBH: Public Health
• Title 2-A: Water Supply Emergency Plans
• Art. 11: Public Water Supplies; Sewerage and Sewage Control

Text

§ 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\nsuch an analysis by June first, two thousand seventeen, and shall revise\nits emergency plan and report its findings to the commissioner by\nJanuary first, two thousand eighteen. Every water supplier shall keep\nits water supply emergency plan up to date, shall provide updated\ncommunication and notification information to the commissioner by\nDecember thirty-first of every year, and shall submit its water supply\nemergency plan to the commissioner for review at least once every five\nyears and within thirty days after major water facility infrastructure\nchanges have been made. The commissioner shall make available for\nreview, following established security protocols, a copy of each\nvulnerability analysis assessment from a water supplier to the\nsuperintendent of state police, commissioner of the division of homeland\nsecurity and emergency services, and chief technology officer.\n 6. (a) The commissioner or a county health department may provide\nguidance and assistance to community water systems on conducting\nvulnerability assessments, preparing water supply emergency plans and\naddressing threats from terrorist attacks, including cyber attacks,\ndesigned to disrupt the provision of safe drinking water or\nsignificantly affect the public health, or significantly affect the\nsafety or supply of drinking water provided to communities or\nindividuals.\n (b) A community water system, that is not a water supplier, may elect\nto complete a water supply emergency plan. Such community water system\nmay elect to submit the plan to the commissioner for approval. In such a\ncase, the commissioner shall subject the plan to such approval process\nas described in paragraph (a) of subdivision one of this section.\n 7. The commissioner, in his discretion, may provide an opportunity for\npublic hearing for persons served by a community water system.\n 8. The commissioner shall make such rules and regulations which may be\nnecessary to effectuate the purposes of this title.\n 9. The commissioner, superintendent of state police, commissioner of\nthe division of homeland security and emergency services, and chief\ntechnology officer shall keep confidential: (a) all vulnerability\nanalysis assessments and all information derived therefrom; and (b) all\ninformation determined by a water supplier to pose a security risk to\nthe operation of a water supply system. Such assessments and information\nshall be exempt from disclosure under article six of the public officers\nlaw. A person who, without authorization, discloses any such assessment\nor information to another person who has not been authorized to receive\nsuch assessment or information is guilty of a class A misdemeanor.\n