Drinking Water in New York City - Case Study Example

DRINKING WATER IN NEW YORK Introduction New York is considered as one of the highly urbanized areas in the United s and considered asa very densely populated city with a population of 8,250,567 as of the latest census made in 2006.1 Water, being one of the basic needs of the people, the government must necessarily ensure that its quality has to be safe considering the number of people living in the area. Furthermore, ever since the 9/11 incident, the government, specifically the United States Environmental Protection Agency (EPA), made some significant actions not only for the City of New York but also for the nation in terms of securing both drinking water and wastewater infrastructures from terrorist attacks and contamination.2 Even the issues such as the presence of small levels of pharmaceuticals in the drinking water,3 and bottled water which is still considered as safer than tap water, have to be closely examined and monitored as regards to the safety of the drinking water from both sources. Hence, it is important to know whether or not drinking water in New York City is indeed safe and what actions, laws, rules and regulations have been set in place in order to ensure the quality of water. Aside from these, it is also important to know whether or not the City of New York has complied with the standards that have been set in place, in maintaining the safety and quality of drinking water. Purpose of the Study Firstly, this study aims to present the current drinking water program in New York to know the water supply systems currently in place and the population being served by such systems. Through this, the people especially the consuming public would have a sense of awareness of the current water infrastructures and find out what may still be needed in order to further protect these water sources directly affecting the consuming public. Secondly, this study aims to find out the pertinent laws and regulations as regards the safety and quality of drinking water. Through this, we would be able to find out the correlation of current environmental laws with providing safe drinking water for the people living New York City and if these laws and regulations are enough to protect the consuming public from possible harmful effects of contaminated water or if there is a need for further legislation. Thirdly, this study aims to find out if the City of New York complies with the said laws and regulations and maintains structures to provide for a safe drinking water. Through this, one could find out if indeed there is an effective and strict implementation of these relevant laws and regulations and if the City continually maintains its infrastructures to constantly preserve the quality of water. Finally, this study hopes to give a conclusion on New York City’s maintenance as to the safety of drinking water it gives to the consuming public. Statement of the Problem It is very important to know if indeed there are enough safeguards and mechanisms in place to ensure that the consuming public may rely on the safety of drinking water, either tap water or those in plastic bottles. In this study, the following questions shall be addressed: (a) What are the current drinking water programs and structures set in place, which aims to preserve and maintain the quality of drinking water for New York City? (b) What laws, regulations, standards and measures govern the monitoring of contamination, maintaining the quality of drinking water and the overall protection of the environment? (c) Does New York City’s drinking water comply with these laws, regulations and standards, and maintain infrastructures to better preserve the quality and safety of drinking water? Drinking Water Program As reported by the New York Department of Health, around ninety five percent (95%) of those living in New York receive water from public water supply systems in the State of New York.4 More than ten thousand (10,000) public water systems were said to be in the state of New York with New York City being ‘the largest engineered water system in the nation’ which serves more than nine million people.5 Other system includes companies that have privately-owned water supply which serves municipalities, schools having their own water supply or small stores sourcing their water from their wells.6 According to statistics shown by the Department of Health, a population of 17,900,973 is served by the community public water system.7 The transient non-community system, which covers rest stops, parks, convenience stores and restaurants with their own water supplies for more than six months out of the year, serves around 2,853,104 while around 343,361 are served with non-transient non-community system which includes schools, colleges, hospitals and factories with their own water supplies for more than six months but not year round.8 It was also reported that majority of the States population is served by surface water with New York City and Long Island dominating the concentration of people receiving public water in the State.9 Those served by New York City mostly receive surface water as well.10 The rest of the population are served with ground water, purchased surface water or purchased ground water.11 The US Department of Health, which is at the forefront in ensuring the delivery of safe drinking water along with other county health departments, is tasked to regulate the operation, design and quality of public water supplies and even commercial bottled water suppliers.12 The Department also assures that water sources are adequately protected; provides financial assistance to public water suppliers; reviews and approves plans for proposed realty subdivisions, and sets standards for constructing individual water supplies and individual wastewater systems (septic systems).13 Aside from the Department of Health, the Environmental Protection Agency (EPA) is the agency tasked to set national limits on contaminant levels in drinking water to ensure that the water is safe for human consumption under the 1974 Safe Drinking Water Act and tasked also to regulate public water systems, monitor their water for contaminants and report the monitoring results to the states or EPA.14 Frequent the monitoring and reporting requirements and a requirement to notify the consumers when they have violated these regulations are required by the said agency.15 Laws, Regulations and Standards on Drinking Water Firstly, the Federal Statute concerning drinking water is the Safe Drinking Water,16 enacted in order to ensure that public water supply systems comply with the minimum national standards for the protection of the public health.17 Said act provides for regulation as to the contaminants in drinking water supplied by public water systems, sets up a program designed to protect underground sources of drinking water from subsurface injection of fluids and also provides for the provision of chemicals and substances found necessary to treat public drinking water when supply of such chemicals prove to be insufficient to meet the needs of a particular facility.18 The Act further necessitates the Administrator of the Environmental Protection Agency (EPA) to promulgate the national primary drinking water regulations identifying the dangerous contaminants and imposing the maximum contaminant levels or satisfactory treatment techniques19 and insure proper operation and maintenance of the system.20 Although the federal government is said to preempt the standards for safe public drinking water, states however are in charge of the enforcement of such standards.21 Aside from this, there are also standards promulgated for bottled drinking water.22 Under the said law, the Administrator may prescribe regulations relative to the drinking water, and the Secretary shall consult with the Administrator whether to promulgate amendments to regulations applicable to bottled drinking water or publish in the Federal Register his reasons for not making such amendments.23 The Secretary should also promulgate the standard of quality regulation for the contaminant in bottled water or make a finding that such regulation is unnecessary given that such contaminant is already contained in public water systems.24 Finally, under this law, the Secretary is required to issue a regulation as to the maximum contaminant level or treatment technique as the case may be, which is no less stringent than that provided in the national primary drinking water regulation.25 Hence, the standard is still the national primary drinking water regulation. There are exemptions however as regards the contaminant level or treatment technique treatment. According to Title 42 of the US Code, exemption as to the primary enforcement responsibility of the requirement respecting a maximum contaminant level or any treatment technique requirement, or from both, of an applicable national primary drinking water regulation, for any public water system within the States jurisdiction, may be applicable upon a finding compliance with the conditions set forth in the said law.26 Aside from the above-mentioned federal statutes, there are also relevant laws providing for criminal sanctions for environmental crimes.27 The Federal Water Pollution Control Act, or the Clean Water Act (CWA), regulates the sources of water pollution28 and requires any person found to have been discharging a pollutant into the nations waters to obtain a national pollutant discharge elimination system (NPDES) permit.29 The Marine Protection, Research, and Sanctuary Act of 1972 (MPRSA) or commonly known as the Ocean Dumping Act, regulates disposal of materials in territorial ocean waters in the United States.30 This Act effectively prevents or strictly limits the dumping of any materials into the ocean waters, that would “adversely affect human health, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities.”31 The Clean Water Act, Safe Drinking Water Act, and the Ocean Dumping Act all have criminal enforcement provisions, but most convictions are frequently obtained under the Clean Water Act, providing some of the more strict enforcement provisions of the water laws.32 The Water Resources Law of New York declares the public policy of regulating and controlling water sources pursuant to the laws of the state and maintaining reasonable standards of purity or quality of the waters of the state consistent with public health, safety and welfare and the public enjoyment.33 Under the National Primary Drinking Water Regulations, it establishes the minimum requirements for the content of annual reports that community water systems must deliver to their customers as to the quality of water.34 Other rules and regulations relative to or may affect drinking water applicable to the City of New York, are contained in the New York Codes, Rules and Regulations which includes the regulation of drinking water supplies,35 standards for individual water supply and individual sewage disposal systems,36 water supply applications,37 and rules in regulating the use and supply of water.38 There are also rules and regulations relative to watershed in New York City.39 Finally, the Public Health Council adopted regulation regulations governing water treatment plants.40 Compliance According to the 2007 New York City Drinking Water Supply and Quality Report of the Department and Environmental Protection, “the quality of New York City’s drinking water remains high and meets all health-related State and federal drinking water standards.”41 Although it received a Notice of Violation from the New York State Department of Health in 2004, for failure to accurately report lead concentrations for two consecutive monitoring periods, an additional action was taken by the City and thus, in 2007, at-the-tap concentrations for lead and copper did not exceed their Action Levels.42 Furthermore, the test results of on distribution water samples under DEP’s Distribution System Monitoring Program show that it still complies with the standards set under the laws, rules and regulations applicable to New York City. There are however some exceedence shown in the test results such as the Croton System as to the color, turbidity, iron and pH units, but these were reported to have no health effects unless it has high concentrations, which is absent in this case.43 Aside from this, the report also reflects that there are ongoing repairs of tunnels and actions to continue protecting watersheds by purchasing and conserving watershed land through voluntary programs with the communities.44 Conclusion Given the regulatory mechanisms in place to protect the quality of drinking water as well as the continued efforts to implement this through projects and programs, the water quality in New York City still meets drinking water standards. Strict enforcement of these can also be seen as reflected in the report made. Moreover, projects allowing the Department of Environmental Protection to work with watershed communities, further protect the source of water from which New York City gets its drinking water.45 These combined and continued efforts of New York City still guarantees the safety and quality of drinking water. Works Cited Drinking Water Program. July 2004. New York State Department of Health. 3 October 2008 [http://www.health.state.ny.us/environmental/water/drinking/drinkingwaterprogram.htm]. Drinking Water Program: Facts and Figures. July 2008. New York State Department of Health. 3 October 2008 [http://www.health.state.ny.us/environmental/water/drinking/facts_figures.htm]. Fromm, Eva. “Commanding Respect: Criminal Sanctions For Environmental Crimes.” St. Mary’s Law Journal. 21 (1990).821. Leming, Theresa. “Waterworks and Water Companies.” 78 American Jurisprudence, Second Edition 78 (2008). § 42. Mass, Elana. Watershed Protection and New York City’s Water Supply. 2008. Prince William Conservation Alliance. 3 October 2008 [http://www.pwconserve.org/issues/watersheds/newyorkcity/index.html]. Missouri Mun. League v. State, 932 S.W.2d 400 (Mo. 1996). National Wildlife Federation v. U.S. E.P.A., 980 F.2d 765 (D.C. Cir. 1992). New York City 2007 Drinking Water Supply and Quality Report. 2007. Department of Environmental Protection. 03 October 2007 [http://nyc.gov/html/dep/pdf/wsstate07.pdf]. New York Environmental Conservation Law §§ 15-0101 to 15-3111. New York Watershed Rules and Regulations. 18 April 2006. New York State Environmental Facilities Corporation. 3 October 2008 [http://www.nysefc.org/home/index.asp?page=287]. Population of New York City. 2008. New York City Department of City Planning. 3 October 2008 [http://www.nyc.gov/html/dcp/html/census/popcur.shtml]. Vachon, Julian. “Tracking Drugs in Water.” Newsday, New York. 25 September 2008. Water Security. 04 May 2007. U.S. Environmental Protection Agency. 3 October 2008 [http://cfpub.epa.gov/safewater/watersecurity/index.cfm]. 6 NYCRR 601.1 et seq. and 602.1 et seq. 15 RCNY § 20-01 et seq. 10 NYCRR 5-1.1 et seq. and 75.1 et seq. 21 U.S.C.A. § 349, § 349(a), § 349(b)(1), § 349(b)(3)(a) & (b). 33 U.S.C. §§ 1251-1376 (1982 & Supp. V 1987), §§ 1311(a), 1342, §§ 1401-1445 (1982 & Supp. V 1987), §§ 1401(b). 40 CFR Part 141 Subpart O. 42 U.S.C.A. § 300f et seq., § 300f(1)C(i) & (ii), § 300f(1)D, § 300g-5. N.Y. Comp. Codes R. & Regs. tit. 10, §§ 5-1.30, 5-1.70 to 5-1.79. Read More