N.Y. Comp. Codes R. & Regs. Tit. 10 § 5-6.10 - Maximum contaminant levels
(a) The MCLs listed in section
5-6.11 of this
Subpart shall not be exceeded.
(b)
The owner or operator of the bottled or bulk water facility is responsible for
completion of the sampling and analytical requirements set forth in this
Subpart. At the discretion of the State, analyses performed by the State may be
used for monitoring purposes.
(c)
If the result of a monitoring sample analysis exceeds the MCL for a physical
contaminant, except for turbidity or an inorganic chemical contaminant, except
for nitrate, the owner or operator of the bottled or bulk facility shall
collect and analyze three more samples from the same production run, when
feasible, but no later than 24 hours of learning of a potential violation. An
MCL violation occurs when the average, rounded to the same number of
significant figures as the MCL in question, of the four results exceeds the
MCL. For nitrate, the owner or operator of the bottled or bulk water facility
shall collect and analyze one more sample from the production run, when
feasible, but no later than 24 hours of learning of a potential violation. An
MCL violation occurs when the average of the two results exceeds the
MCL.
(d) If the result of a
monitoring sample analysis exceeds the MCL for the general organic chemical
contaminants, the owner or operator of the bottled or bulk facility shall
collect and analyze one to three more samples from the same production run,
when feasible, but no later than 24 hours of learning of a potential violation.
An MCL violation occurs when at least one of the confirming samples is positive
and the average of the initial sample and all the confirming samples exceeds
the MCL.
(e) The commissioner may
exempt bottled water from the chemical and radiological MCLs based on
justification, submitted by the owner or operator of the bottled water
facility, that granting of the exemption would not result in public health
hazard. If an exemption is granted, an appropriate label, approved by the
commissioner, shall be conspicuously placed on all bottles and/or containers of
such exempted bottled water produced, distributed and/or sold within New York
State in accordance with section 56.12(b) of this Subpart.
(f) All analyses for general organic
chemicals must be performed in accordance with the U.S. Environmental
Protection Agency (EPA) Methods 502.1, 503.1, 524.1, 524.2 or 502, at a
detecton limit not to exceed 0.0005 milligrams per liter. If the State has
reason to believe that an MCL has been violated, the potenial exists for an MCL
violation or the contaminant may present a risk to public health, principal
organic contaminant analyses shall also include EPA Methods 504, 625, 604, 605,
608, 609, 611 or 612, as appropriate. EPA Methods 502.1, 503.1, 524.1, 524.2,
502.2 and 504 mean, respectively, "Volatile Halogenated Organic Compounds in
Water by Purge and Trap Gas Chromatography;" "Volatile Aromatic and Unsaturaed
Organic Compounds in Water by Purge and Trap Gas Chromatography;" "Volatile
Organic Compounds in Water by Purge and Trap Gas Chromatography/Mass
Spectrometry;" "Volatile Organic Compounds in Water by Purge and Trap Capillary
Column Gas Chromatography/Mass Spectrometry," "Volatile Organic Compounds in
Water by Purge and Trap Capillary Gas Chromatography with Photoionization and
Electrolytic Conductivity Detectors in Series;" and "Measurement of
1,2-Dibromoethance (EDB) and 1,2-Dibromo-3- chloropropane (DBCP) in Drinking
Water by Microextraction and Gas Chromatography." These methods are contained
in "Methods for Determination of Organic Compounds in Finished Drinking Water
and Raw Source Water," September 1986. Copies of this publication can be
obtained from Environmental Monitoring and Support Laboratory, EPA, Cincinnati,
OH 45268, and a copy is available for inspection and copying at the offices of
the Records Access Officer of the Department of Health, Corning Tower, Empire
State Plaza, Albany, NY 12237. EPA Methods 604, 605, 608, 609, 611, 612 and 625
mean respectively "Methods for Organic Chemical Analysis of Municipal and
Industrial Wastewater; Method 604 - Phemols; Method 605 - Benzidines; Method
608 -Organochlorine Pesticides and PCBs; Method 609 - Nitroaromatics and
Isophorone; Method 611 - Haloethers; Method 612 - Chlorinated Hydrocabons; and
Method 625 - Base/Neutrals and Acids." These methods are contained in 40 CFR
Part 136 as published in the Federal Register, Volume 49, page 43250, No. 209,
Friday, October 26, 1984. Copies of this publication are available from U.S.
Environmental Protection Agency, Public Information Reference Unit, 401 M
Street, SW, Washington, DC 20460 and a copy is available for inspection and
copying at the offices of the Records Access Officer of the Department of
Health, Corning Tower, Empire State Plaza, Albany, NY 12237.
Notes
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