Title: Section 5-1.33 - Water supply emergency plans

5-1.33 Water supply emergency plans. 

(a) All community water systems that supply drinking water to more than 3,300 people shall submit a water supply emergency plan to the State. The plan shall identify and outline the steps necessary to ensure that potable water is available during all phases of a water supply emergency.

(b) The water supply emergency plan shall include:

(1) Procedures to notify consumers during all phases of a water supply emergency.

(2) Criteria and procedures for determining, and the subsequent reporting of, critical water levels or safe yield of the source or sources of water.

(3) The identification of existing and future sources of water available during normal nonemergency and water supply emergency conditions.

(4) The identification of all available water storage. Available water storage includes source, transmission and distribution system storage.

(5) The identification, capacity and location of existing inter-connections. Identification of additional inter-connections needed to provide potable water during a water supply emergency.

(6) A specific action plan outlining all the steps to be carried out, taken or followed during a water supply emergency. The plan shall include a process for State notification, emergency notification rosters of key water supply personnel with current telephone numbers both business and home, and details of the follow-up corrective action process to minimize the reoccurrence of an emergency.

(7) The identification and implementation of procedures for water conservation and water use restrictions to be put in place during a water supply emergency.

(8) The identification of and the procedures for prioritization of potable water users during a water supply emergency.

(9) The identification and availability of emergency equipment needed during a water supply emergency.

(10) The system's capacity and ability to meet peak water demands and fire-flow conditions concurrently during a water supply emergency.

(c) An all-hazard vulnerability analysis, including an analysis of vulnerability to terrorist attack and cyber attack, shall be performed on all components of the water system. System components include but are not limited to: the source or sources of water supply; water treatment plants; disinfection stations; pipes and valves; storage tanks; and system operations and management. The system shall take whatever steps are necessary to ensure that potable water can be and is available during a water supply emergency.

(d) Before the final submission of the water supply emergency plan to the State, the system shall publish a notice in a newspaper of general circulation in the area served by the community water system stating that the proposed water supply emergency plan is available for review and comment. The notice shall be printed at least once in each of two successive weeks. Public comment shall be accepted for at least fourteen days following the date of first publication. All public comment shall be submitted with the water supply emergency plan to the State.

(e) The water supply emergency plan shall be submitted to the State for review at least once every five years and within thirty days after major water facility infrastructure changes have been made. The system shall keep the emergency plan up to date, and shall provide updated communication and notification information to the State by December thirty-first of each year. 

(f) Community water systems that supply drinking water to 3,300 or fewer people, non-transient noncommunity water systems, and noncommunity water systems may be required to prepare, update and submit to the State, a written water supply emergency plan for providing potable water during a water supply emergency.

(g) If more than one system is responsible for providing potable water to a community water system, the water supply emergency plan shall be prepared and submitted jointly by the systems.

(h) Information shall be exempt from public disclosure for public review and comment if it is determined by the water supplier that the information will pose a security risk to the operation of the water system. Upon the Commissioner’s request, the system shall provide a copy of the exempt information and justification for why said information should not be subject to public review and comment. A person who, without authorization, discloses any such assessment or information to another person who has not been authorized to receive such assessment or information shall be subject to criminal penalties pursuant to section 1125 of the Public Health Law.