THE ADVERTISER Letters To The Editor
PFOA Saga, Pt. II – Source Searchers Stumped!
December 16, 2021
Yes, people, totally buffaloed, baffled, stupified, mystified and flummoxed, and here we are talking about a recent Times Union article entitled “Source of Rensselaer County PFOA contamination still mystery – Six rounds of testing have revealed little information about how 10 wells became contaminated” by Kenneth C. Crowe II on Nov. 30, 2021, where we Poestenkill residents with PFOA or PFOS in our drinking water who have had our quality of life destroyed, along with our property values, were informed as follows:
POESTENKILL – A source for the PFOA/PFOS contamination around the Algonquin Middle School has still not been determined after a sixth round of testing for the chemicals was completed at nearby residences, the Rensselaer County Health Department announced last week.
The county reported, “No source for the contamination has been determined during the six rounds of testing.”
“We continue to work with the state to find the source or sources for the PFOA contamination and to get more answers,” county Public Health Director Mary Fran Wachunas said.
The county has been working with town officials, the state Department of Environmental Conservation and the state Department of Health on the testing and investigation of the PFOA/PFOS contamination.
The county said there has not been widespread testing conducted as officials attempt to identify a source of the contamination.
So after testing seventy-seven homes for PFOA, with 10 wells above ten parts per trillion, and 8 above five parts per trillion, and 11 wells testing above zero and below five parts per trillion and 23 wells with no detection, with three 3 more above the ten 10 parts per trillion limit just being added according to a Rensselaer County press release, the experts at the RCHD can still see no discernable pattern and instead remain flummoxed as to where the elusive source might in fact be.
But seriously, people, how can that possibly be?
Sound like a whitewash?
Paul Plante
THE PAUL PLANTE STORY
Re: THE PAUL PLANTE STORY
TITLE 6. DEPARTMENT OF ENVIRONMENTAL CONSERVATION
CHAPTER VII. STATE AID
SUBCHAPTER B. STATE AID FOR ENVIRONMENTAL CONSERVATION PROGRAMS
PART 637. QUALIFICATIONS FOR ENVIRONMENTAL CONSERVATION PERSONNEL
6 CRR-NY 637.6
637.6 Qualifications and primary functions for environmental engineers.
(a) An environmental engineer applies the principles and data of engineering and natural and social sciences for the protection and improvement of the environment. The basic qualifications for an environmental engineer in any grade established in this Part shall be graduation with a baccalaureate in engineering from an accredited school, college, university or other institution of learning.
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10 CRR-NY 11.100
OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 10. DEPARTMENT OF HEALTH
CHAPTER I. STATE SANITARY CODE
PART 11. QUALIFICATIONS OF PUBLIC HEALTH PERSONNEL
PUBLIC HEALTH ENGINEER
10 CRR-NY 11.100
11.100 Definition.
The term public health engineer shall mean a person who applies engineering principles for the detection, evaluation, control and management of those factors in the environment which influence the public's health.
CHAPTER VII. STATE AID
SUBCHAPTER B. STATE AID FOR ENVIRONMENTAL CONSERVATION PROGRAMS
PART 637. QUALIFICATIONS FOR ENVIRONMENTAL CONSERVATION PERSONNEL
6 CRR-NY 637.6
637.6 Qualifications and primary functions for environmental engineers.
(a) An environmental engineer applies the principles and data of engineering and natural and social sciences for the protection and improvement of the environment. The basic qualifications for an environmental engineer in any grade established in this Part shall be graduation with a baccalaureate in engineering from an accredited school, college, university or other institution of learning.
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10 CRR-NY 11.100
OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 10. DEPARTMENT OF HEALTH
CHAPTER I. STATE SANITARY CODE
PART 11. QUALIFICATIONS OF PUBLIC HEALTH PERSONNEL
PUBLIC HEALTH ENGINEER
10 CRR-NY 11.100
11.100 Definition.
The term public health engineer shall mean a person who applies engineering principles for the detection, evaluation, control and management of those factors in the environment which influence the public's health.
Re: THE PAUL PLANTE STORY
THE STATE OF NEW YORK
TITLE 10. DEPARTMENT OF HEALTH
CHAPTER I. STATE SANITARY CODE
PART 5. DRINKING WATER SUPPLIES
SUBPART 5-1. PUBLIC WATER SYSTEMS
(Statutory authority: Public Health Law, Section 225)
General Provisions
Section 5-1.1 Definitions. (Effective Date: May 16, 2018)
As used in this Subpart the following words and terms shall have the stated meaning, except as otherwise specifically provided:
(q) Contaminant means any physical, chemical, microbiological or radiological substance or matter in water
(s) Corrective action means the action(s) taken by a water system consistent with the requirements of this code including one or more of the following: correcting significant deficiencies; providing an alternate source of water; removing source(s) of contamination; providing treatment; or other action acceptable to the State.
(y) Designated representative means the health commissioner or health officer of a city of 50,000 population or over, or the health commissioner or health officer of a county or part-county health district, the state regional health director, or district director having jurisdiction; a public health director or public health engineer qualified as duly appointed pursuant to Part 11 of this Title; or a county health commissioner, or county health director having the powers and duties prescribed in section 352 of the Public Health Law, or any other individual so designated by the commissioner.
(bm) Noncommunity water system (NCWS) means a public water system that is not a community water system.
(bn) Nontransient noncommunity water system (NTNC) means a public water system that is not a community water system but is a subset of a noncommunity water system that regularly serves at least 25 of the same people, four hours or more per day, for four or more days per week, for 26 or more weeks per year.
(bs) Potable water means a water which meets the requirements established by this Subpart.
(ci) Sanitary survey means an onsite review of a water system including the water source, facilities, equipment, operations maintenance, and monitoring compliance of a public water system to evaluate the adequacy of the system, its sources and operations and the distribution of safe drinking water. The survey must include evaluation of the following components: source; treatment; distribution system; finished water storage; pumps, pump
facilities, and controls; monitoring, reporting, and data verification; system management and operation; and operator compliance with State requirements. Review of each of these categories of system operation need not be completed in a single visit.
(cu) Supplier of water means any person who owns or operates a public water system.
TITLE 10. DEPARTMENT OF HEALTH
CHAPTER I. STATE SANITARY CODE
PART 5. DRINKING WATER SUPPLIES
SUBPART 5-1. PUBLIC WATER SYSTEMS
(Statutory authority: Public Health Law, Section 225)
General Provisions
Section 5-1.1 Definitions. (Effective Date: May 16, 2018)
As used in this Subpart the following words and terms shall have the stated meaning, except as otherwise specifically provided:
(q) Contaminant means any physical, chemical, microbiological or radiological substance or matter in water
(s) Corrective action means the action(s) taken by a water system consistent with the requirements of this code including one or more of the following: correcting significant deficiencies; providing an alternate source of water; removing source(s) of contamination; providing treatment; or other action acceptable to the State.
(y) Designated representative means the health commissioner or health officer of a city of 50,000 population or over, or the health commissioner or health officer of a county or part-county health district, the state regional health director, or district director having jurisdiction; a public health director or public health engineer qualified as duly appointed pursuant to Part 11 of this Title; or a county health commissioner, or county health director having the powers and duties prescribed in section 352 of the Public Health Law, or any other individual so designated by the commissioner.
(bm) Noncommunity water system (NCWS) means a public water system that is not a community water system.
(bn) Nontransient noncommunity water system (NTNC) means a public water system that is not a community water system but is a subset of a noncommunity water system that regularly serves at least 25 of the same people, four hours or more per day, for four or more days per week, for 26 or more weeks per year.
(bs) Potable water means a water which meets the requirements established by this Subpart.
(ci) Sanitary survey means an onsite review of a water system including the water source, facilities, equipment, operations maintenance, and monitoring compliance of a public water system to evaluate the adequacy of the system, its sources and operations and the distribution of safe drinking water. The survey must include evaluation of the following components: source; treatment; distribution system; finished water storage; pumps, pump
facilities, and controls; monitoring, reporting, and data verification; system management and operation; and operator compliance with State requirements. Review of each of these categories of system operation need not be completed in a single visit.
(cu) Supplier of water means any person who owns or operates a public water system.
Re: THE PAUL PLANTE STORY
THE STATE OF NEW YORK
TITLE 10. DEPARTMENT OF HEALTH
CHAPTER I. STATE SANITARY CODE
PART 5. DRINKING WATER SUPPLIES
SUBPART 5-1. PUBLIC WATER SYSTEMS
(Statutory authority: Public Health Law, Section 225)
Sources of Water Supply
5-1.10 Statement. (Effective Date: June 24, 1977)
The rules contained in this Subpart, together with the watershed rules and regulations set forth in Parts 100 through 158 of this Title, have been promulgated to protect present or future sources of water supply.
5-1.11 Applicability. (Effective Date: Jan 19, 1990)
The provisions of sections 5-1.10 through 5-1.15 of this Subpart shall apply, throughout the State of New York, to all existing and proposed sources of water supply.
5-1.12 Water quality for existing sources of water supply. (Effective Date: May 26, 2004)
(a) Whenever the supplier of water determines or is advised by the State that one or more of the MCLs set forth in this Subpart are or may be exceeded; or that effectiveness of treatment processes diminishes to the extent that a violation of the treatment techniques or MCLs set forth in this Subpart may occur; or that any deleterious changes in raw water quality have occurred; or that a change in the character of the watershed or aquifer has been observed which may affect water quality; or that any combination of the preceding exists, the supplier of water shall notify the State and do the following:
* undertake a study to determine the cause or causes of such conditions, independent of known or anticipated treatment technology;
* modify existing or install treatment to comply, to the extent practicable, with sections 5-1.30, 5-1.50, 5-1.51 and 5-1.60 of this Subpart;
* initiate water sampling as needed to delineate the extent and nature of the cause of concern;
* investigate all or part of the watershed or aquifer to verify any existing or potential changes in the character of the sources of water supply; and
* submit a written report to the State within 30 days of the onset of the foregoing conditions summarizing the findings outlined in paragraphs (1) through (4) of this subdivision.
(b) The State may require the supplier of water to conduct sanitary surveys and to conduct water sampling related to watersheds and ground water aquifers which are sources of water supply to identify and evaluate the significance of existing and potential sources of pollution and to report the results to the State. Also, sanitary surveys shall be used to evaluate the adequacy of the public water system, the source or sources of water supply and the water treatment plant to produce a potable water.
TITLE 10. DEPARTMENT OF HEALTH
CHAPTER I. STATE SANITARY CODE
PART 5. DRINKING WATER SUPPLIES
SUBPART 5-1. PUBLIC WATER SYSTEMS
(Statutory authority: Public Health Law, Section 225)
Sources of Water Supply
5-1.10 Statement. (Effective Date: June 24, 1977)
The rules contained in this Subpart, together with the watershed rules and regulations set forth in Parts 100 through 158 of this Title, have been promulgated to protect present or future sources of water supply.
5-1.11 Applicability. (Effective Date: Jan 19, 1990)
The provisions of sections 5-1.10 through 5-1.15 of this Subpart shall apply, throughout the State of New York, to all existing and proposed sources of water supply.
5-1.12 Water quality for existing sources of water supply. (Effective Date: May 26, 2004)
(a) Whenever the supplier of water determines or is advised by the State that one or more of the MCLs set forth in this Subpart are or may be exceeded; or that effectiveness of treatment processes diminishes to the extent that a violation of the treatment techniques or MCLs set forth in this Subpart may occur; or that any deleterious changes in raw water quality have occurred; or that a change in the character of the watershed or aquifer has been observed which may affect water quality; or that any combination of the preceding exists, the supplier of water shall notify the State and do the following:
* undertake a study to determine the cause or causes of such conditions, independent of known or anticipated treatment technology;
* modify existing or install treatment to comply, to the extent practicable, with sections 5-1.30, 5-1.50, 5-1.51 and 5-1.60 of this Subpart;
* initiate water sampling as needed to delineate the extent and nature of the cause of concern;
* investigate all or part of the watershed or aquifer to verify any existing or potential changes in the character of the sources of water supply; and
* submit a written report to the State within 30 days of the onset of the foregoing conditions summarizing the findings outlined in paragraphs (1) through (4) of this subdivision.
(b) The State may require the supplier of water to conduct sanitary surveys and to conduct water sampling related to watersheds and ground water aquifers which are sources of water supply to identify and evaluate the significance of existing and potential sources of pollution and to report the results to the State. Also, sanitary surveys shall be used to evaluate the adequacy of the public water system, the source or sources of water supply and the water treatment plant to produce a potable water.
Re: THE PAUL PLANTE STORY
ALGONQUIN SCHOOL NY4117257 NTNC-Non-transient non-community water system 1000
Mr. John Bruce
Averill Park Central School District
146 Gettle Rd.
AVERILL PARK, NY 12018
ALGONQUIN SCHOOL NY4117257 NTNC-Non-transient non-community water system 1000
Mr. Aaron A. Heffner
Averill Park Central School District
146 Gettle Rd.
AVERILL PARK, NY 12018
Mr. John Bruce
Averill Park Central School District
146 Gettle Rd.
AVERILL PARK, NY 12018
ALGONQUIN SCHOOL NY4117257 NTNC-Non-transient non-community water system 1000
Mr. Aaron A. Heffner
Averill Park Central School District
146 Gettle Rd.
AVERILL PARK, NY 12018
Re: THE PAUL PLANTE STORY
THE STATE OF NEW YORK
TITLE 10. DEPARTMENT OF HEALTH
CHAPTER I. STATE SANITARY CODE
PART 5. DRINKING WATER SUPPLIES
SUBPART 5-1. PUBLIC WATER SYSTEMS
(Statutory authority: Public Health Law, Section 225)
Public Water Systems; Maximum Contaminant Levels; Monitoring Requirements; Notifications Required
5-1.50 Applicability and responsibility. (Effective Date: November 9, 2011)
The provisions of this section and sections 5-1.51 through 5-1.52 of this Subpart shall apply to all public water systems.
The supplier of water of a public water system is responsible for completion of the monitoring requirements set forth in such sections and for performing all analyses in accordance with the analytical requirements set forth in Appendix 5-C of this Subpart.
At the discretion of the State, analyses performed by the State may be used for monitoring purposes.
5-1.51 Maximum contaminant levels, maximum residual disinfectant levels and treatment technique requirements (Effective Date: January 17, 2018)
(a) The maximum contaminant levels, maximum residual disinfectant levels and treatment technique requirements are listed in section 5-1.52 tables 1 through 7 of this Subpart.
In the case where an MCL, MRDL, or treatment technique requirement is exceeded, notwithstanding anything to the contrary contained in section 5-1.12 of this Subpart, the supplier of water will take the necessary steps to comply with this section, to ensure the protection of the public health, including the undertaking of remedial feasibility studies and the installation of a suitable treatment process.
Compliance with the MCLs, MRDLs and treatment technique requirements shall be determined by the procedures contained in section 5-1.52 tables 1 through 7 of this Subpart.
(b) The minimum monitoring requirements for each contaminant are listed in section 5-1.52 tables 8A through 12 and 15A of this Subpart, except for public water systems with fewer than 15 service connections and which serve fewer than 25 persons, where monitoring will be at State discretion.
For this section, State discretion shall mean requiring monitoring when the State has reason to believe an MCL, MRDL, or treatment technique requirement has been violated, the potential exists for an MCL, MRDL, or treatment technique violation or a contaminant may present a risk to public health.
(c) Each system shall develop and implement a monitoring plan that includes all monitoring requirements specified in this Subpart.
The system shall maintain the plan and make it available for inspection by the State and the general public.
After review, the State may require changes in any plan elements.
Failure to monitor in accordance with the monitoring plan is a monitoring violation.
Systems may only use data collected in accordance with the monitoring plan to qualify for reduced monitoring.
The monitoring plan shall include at least the following elements, as applicable:
(1) specific locations and schedules for collecting samples for all applicable parameters listed in section 5-1.42, section 5-1.43, Tables 8A-12, 15 and 15A of section 5-1.52, section 5-1.61, and section 5-1.81 of this Subpart;
(2) how the system will calculate compliance with MCLs, MRDLs, and treatment techniques;
(3) if the system is a consecutive system, or it is providing water to a consecutive system, and has been approved for modified monitoring under the provisions of section 5-1.76 of this Subpart, the sampling plan must reflect the entire distribution system for any analytes approved for modified monitoring;
(4) consecutive ground water systems must define and implement a protocol for notifying the system from which they receive water of any total coliform positive samples so the source can be tested for fecal contamination, unless the wholesale ground water system provides 4-log virus treatment at peak flow before or at the first customer as confirmed through process compliance monitoring.
(5) Disinfection Byproduct Monitoring.
(i) The following requirements of this subdivision apply to community and nontransient noncommunity water systems that use or deliver water that has been treated with a primary or residual disinfectant other than ultraviolet light, provided they serve 15 or more service connections or serve 25 or more persons:
(a) if a new community or nontransient noncommunity water system begins operation, or an existing community or nontransient noncommunity water system begins using a disinfectant other than ultraviolet light, the system shall consult with the State to identify compliance monitoring locations for disinfection byproducts to include in the system’s monitoring plan, consistent with the requirements in 40 CFR 141.601 and 141.602, and for new systems that need an Initial Distribution System Evaluation (IDSE), consistent with 40 CFR 141.605; and
(b) if a community or nontransient noncommunity water system adds or removes compliance monitoring locations, the system shall identify additional locations by alternating selection of locations representing high TTHM levels and high HAA5 levels until the required number of compliance monitoring locations have been identified, as specified in section 5-1.52 Table 9A.
Systems shall also provide the rationale for identifying the locations as having high levels of TTHM or HAA5.
(ii) Systems shall revise monitoring plans to reflect changes in treatment, distribution system operations and layout (including new service areas), other factors that may affect TTHM or HAA5 formation or upon consultation with the State.
(a) If a system changes monitoring locations, it shall replace existing compliance monitoring locations with the lowest LRAA with new locations that reflect the current distribution system locations with expected high TTHM or HAA5 levels.
(b) The State may require modifications in the monitoring plan.
(c) Surface water or GWUDI systems serving more than 3,300 people shall submit a copy of their modified monitoring plan to the State prior to the date they are required to comply with the revised monitoring plan.
(iii) A system is in violation of the monitoring requirements for each quarter that a monitoring result would be used in calculating a LRAA if the system fails to monitor.
(d) The notification requirements for each contaminant are listed in section 5-1.52 Table 13 of this Subpart
(e) The CT values for inactivation of Giardia lamblia cysts by free chlorine at various pH and temperature levels are listed in section 5-1.52 Tables 14A through 14F of this Subpart.
The CT values for inactivation of Giardia lamblia cysts by chlorine dioxide and ozone at various temperature levels are listed in section 5-1.52 Table 14G of this Subpart.
The CT values for inactivation of Giardia lamblia cysts by chloramines at various temperature levels are listed in section 5-1.52 Table 14H of this Subpart.
The CT values for inactivation of Cryptosporidium by chlorine dioxide at various temperature levels are listed in section 5-1.52 Table 14I.
The CT values for inactivation of Cryptosporidium by ozone at various temperature levels are listed in section 5-1.52 Table 14J.
The UV doses for Cryptosporidium, Giardia lamblia, and virus inactivation credit are listed in section 5-1.52 Table 14K.
(f) The alternative disinfection monitoring frequency requirements using grab samples instead of continuous chlorine concentration monitoring is listed in section 5-1.52 table 15 of this Subpart.
(g) Monitoring and reporting frequencies for specific contaminants may be established at State discretion whenever the State believes that a potential exists for an MCL or MRDL violation or a contaminant may present a risk to public health.
(h) Notwithstanding anything to the contrary in subdivision (a) of this section, the Commissioner may recommend values lower than the MCLs if sufficient valid information based on commonly accepted scientific standards and principles demonstrates an increased public health concern.
Within one year from the date of such recommendation, the State shall hold a public hearing regarding the justification for the lower value, and whether a new MCL is warranted.
(i) Notwithstanding anything to the contrary in section 5-1.52 table 3 the Commissioner may in specific cases except specific organic chemicals from the MCLs for general organic chemicals if the supplier of water can demonstrate that sufficient valid scientific information exists to show that the organic chemical does not pose an unreasonable risk to human health, the organic chemical is present at a level and under circumstances not indicative of contamination, and the cost of compliance is unreasonable in light of the risk to human health.
(j) Notwithstanding anything to the contrary in section 5-1.52 table 3 of this Subpart, the Commissioner may, based on receipt and review of a justification submitted by the supplier of water, allow a higher MCL for a period of up to 60 days following application of a paint or lining to a potable water structure, if he determines that an unreasonable risk to human health does not exist.
(k) Notwithstanding anything to the contrary in section 5-1.52 table 3A of this Subpart, systems may increase residual disinfectant levels of chlorine or chloramines (but not chlorine dioxide) in the distribution system to a level and for a time necessary to protect public health, to address specific microbiological contamination problems caused by circumstances such as, but not limited to, distribution line breaks, storm run-off events, source water contamination events, or cross-connection events.
(l) A system that is installing granular activated carbon (GAC) or membrane technology to comply with the trihalomethane and haloacetic acid MCLs listed in section 5-1.52 table 3 may apply to the State for an extension of up to 24 months past the compliance dates for those MCLs.
Systems must comply with any interim measures and schedules of compliance set by the State.
(m) Each public water system must certify annually in writing to the State that when Acrylamide and Epichlorohydrin are used in drinking water systems, the combination (or product) of dose and monomer level does not exceed the levels specified as follows:
Acrylamide = 0.05% dosed at 1 ppm (or equivalent)
Epichlorohydrin = 0.01% dosed at 20 ppm (or equivalent)
Certification can rely on manufacturers or third parties, as approved by the State.
(n) For microbiological analysis, a standard sample size of 100 milliliters shall be used.
(o) Disinfection Byproduct Monitoring.
The requirements of this subdivision apply to community and nontransient noncommunity water systems that use a primary or residual disinfectant other than ultraviolet light, or deliver water that has been treated with a primary or residual disinfectant other than ultraviolet light in accordance with monitoring requirements in Table 9A of section 5-1.52.
Systems required to conduct quarterly monitoring shall calculate compliance at the end of each quarter or earlier if the LRAA calculated based on fewer than four quarters of data would cause the MCL to be exceeded regardless of the monitoring results of subsequent quarters in accordance with Table 3 of section 5-1.52.
Systems required to conduct monitoring at a frequency that is less than quarterly shall monitor in the calendar month identified in the monitoring plan developed under subdivision (c) of this section.
Compliance calculations shall be made beginning with the first compliance sample taken after the compliance date.
TITLE 10. DEPARTMENT OF HEALTH
CHAPTER I. STATE SANITARY CODE
PART 5. DRINKING WATER SUPPLIES
SUBPART 5-1. PUBLIC WATER SYSTEMS
(Statutory authority: Public Health Law, Section 225)
Public Water Systems; Maximum Contaminant Levels; Monitoring Requirements; Notifications Required
5-1.50 Applicability and responsibility. (Effective Date: November 9, 2011)
The provisions of this section and sections 5-1.51 through 5-1.52 of this Subpart shall apply to all public water systems.
The supplier of water of a public water system is responsible for completion of the monitoring requirements set forth in such sections and for performing all analyses in accordance with the analytical requirements set forth in Appendix 5-C of this Subpart.
At the discretion of the State, analyses performed by the State may be used for monitoring purposes.
5-1.51 Maximum contaminant levels, maximum residual disinfectant levels and treatment technique requirements (Effective Date: January 17, 2018)
(a) The maximum contaminant levels, maximum residual disinfectant levels and treatment technique requirements are listed in section 5-1.52 tables 1 through 7 of this Subpart.
In the case where an MCL, MRDL, or treatment technique requirement is exceeded, notwithstanding anything to the contrary contained in section 5-1.12 of this Subpart, the supplier of water will take the necessary steps to comply with this section, to ensure the protection of the public health, including the undertaking of remedial feasibility studies and the installation of a suitable treatment process.
Compliance with the MCLs, MRDLs and treatment technique requirements shall be determined by the procedures contained in section 5-1.52 tables 1 through 7 of this Subpart.
(b) The minimum monitoring requirements for each contaminant are listed in section 5-1.52 tables 8A through 12 and 15A of this Subpart, except for public water systems with fewer than 15 service connections and which serve fewer than 25 persons, where monitoring will be at State discretion.
For this section, State discretion shall mean requiring monitoring when the State has reason to believe an MCL, MRDL, or treatment technique requirement has been violated, the potential exists for an MCL, MRDL, or treatment technique violation or a contaminant may present a risk to public health.
(c) Each system shall develop and implement a monitoring plan that includes all monitoring requirements specified in this Subpart.
The system shall maintain the plan and make it available for inspection by the State and the general public.
After review, the State may require changes in any plan elements.
Failure to monitor in accordance with the monitoring plan is a monitoring violation.
Systems may only use data collected in accordance with the monitoring plan to qualify for reduced monitoring.
The monitoring plan shall include at least the following elements, as applicable:
(1) specific locations and schedules for collecting samples for all applicable parameters listed in section 5-1.42, section 5-1.43, Tables 8A-12, 15 and 15A of section 5-1.52, section 5-1.61, and section 5-1.81 of this Subpart;
(2) how the system will calculate compliance with MCLs, MRDLs, and treatment techniques;
(3) if the system is a consecutive system, or it is providing water to a consecutive system, and has been approved for modified monitoring under the provisions of section 5-1.76 of this Subpart, the sampling plan must reflect the entire distribution system for any analytes approved for modified monitoring;
(4) consecutive ground water systems must define and implement a protocol for notifying the system from which they receive water of any total coliform positive samples so the source can be tested for fecal contamination, unless the wholesale ground water system provides 4-log virus treatment at peak flow before or at the first customer as confirmed through process compliance monitoring.
(5) Disinfection Byproduct Monitoring.
(i) The following requirements of this subdivision apply to community and nontransient noncommunity water systems that use or deliver water that has been treated with a primary or residual disinfectant other than ultraviolet light, provided they serve 15 or more service connections or serve 25 or more persons:
(a) if a new community or nontransient noncommunity water system begins operation, or an existing community or nontransient noncommunity water system begins using a disinfectant other than ultraviolet light, the system shall consult with the State to identify compliance monitoring locations for disinfection byproducts to include in the system’s monitoring plan, consistent with the requirements in 40 CFR 141.601 and 141.602, and for new systems that need an Initial Distribution System Evaluation (IDSE), consistent with 40 CFR 141.605; and
(b) if a community or nontransient noncommunity water system adds or removes compliance monitoring locations, the system shall identify additional locations by alternating selection of locations representing high TTHM levels and high HAA5 levels until the required number of compliance monitoring locations have been identified, as specified in section 5-1.52 Table 9A.
Systems shall also provide the rationale for identifying the locations as having high levels of TTHM or HAA5.
(ii) Systems shall revise monitoring plans to reflect changes in treatment, distribution system operations and layout (including new service areas), other factors that may affect TTHM or HAA5 formation or upon consultation with the State.
(a) If a system changes monitoring locations, it shall replace existing compliance monitoring locations with the lowest LRAA with new locations that reflect the current distribution system locations with expected high TTHM or HAA5 levels.
(b) The State may require modifications in the monitoring plan.
(c) Surface water or GWUDI systems serving more than 3,300 people shall submit a copy of their modified monitoring plan to the State prior to the date they are required to comply with the revised monitoring plan.
(iii) A system is in violation of the monitoring requirements for each quarter that a monitoring result would be used in calculating a LRAA if the system fails to monitor.
(d) The notification requirements for each contaminant are listed in section 5-1.52 Table 13 of this Subpart
(e) The CT values for inactivation of Giardia lamblia cysts by free chlorine at various pH and temperature levels are listed in section 5-1.52 Tables 14A through 14F of this Subpart.
The CT values for inactivation of Giardia lamblia cysts by chlorine dioxide and ozone at various temperature levels are listed in section 5-1.52 Table 14G of this Subpart.
The CT values for inactivation of Giardia lamblia cysts by chloramines at various temperature levels are listed in section 5-1.52 Table 14H of this Subpart.
The CT values for inactivation of Cryptosporidium by chlorine dioxide at various temperature levels are listed in section 5-1.52 Table 14I.
The CT values for inactivation of Cryptosporidium by ozone at various temperature levels are listed in section 5-1.52 Table 14J.
The UV doses for Cryptosporidium, Giardia lamblia, and virus inactivation credit are listed in section 5-1.52 Table 14K.
(f) The alternative disinfection monitoring frequency requirements using grab samples instead of continuous chlorine concentration monitoring is listed in section 5-1.52 table 15 of this Subpart.
(g) Monitoring and reporting frequencies for specific contaminants may be established at State discretion whenever the State believes that a potential exists for an MCL or MRDL violation or a contaminant may present a risk to public health.
(h) Notwithstanding anything to the contrary in subdivision (a) of this section, the Commissioner may recommend values lower than the MCLs if sufficient valid information based on commonly accepted scientific standards and principles demonstrates an increased public health concern.
Within one year from the date of such recommendation, the State shall hold a public hearing regarding the justification for the lower value, and whether a new MCL is warranted.
(i) Notwithstanding anything to the contrary in section 5-1.52 table 3 the Commissioner may in specific cases except specific organic chemicals from the MCLs for general organic chemicals if the supplier of water can demonstrate that sufficient valid scientific information exists to show that the organic chemical does not pose an unreasonable risk to human health, the organic chemical is present at a level and under circumstances not indicative of contamination, and the cost of compliance is unreasonable in light of the risk to human health.
(j) Notwithstanding anything to the contrary in section 5-1.52 table 3 of this Subpart, the Commissioner may, based on receipt and review of a justification submitted by the supplier of water, allow a higher MCL for a period of up to 60 days following application of a paint or lining to a potable water structure, if he determines that an unreasonable risk to human health does not exist.
(k) Notwithstanding anything to the contrary in section 5-1.52 table 3A of this Subpart, systems may increase residual disinfectant levels of chlorine or chloramines (but not chlorine dioxide) in the distribution system to a level and for a time necessary to protect public health, to address specific microbiological contamination problems caused by circumstances such as, but not limited to, distribution line breaks, storm run-off events, source water contamination events, or cross-connection events.
(l) A system that is installing granular activated carbon (GAC) or membrane technology to comply with the trihalomethane and haloacetic acid MCLs listed in section 5-1.52 table 3 may apply to the State for an extension of up to 24 months past the compliance dates for those MCLs.
Systems must comply with any interim measures and schedules of compliance set by the State.
(m) Each public water system must certify annually in writing to the State that when Acrylamide and Epichlorohydrin are used in drinking water systems, the combination (or product) of dose and monomer level does not exceed the levels specified as follows:
Acrylamide = 0.05% dosed at 1 ppm (or equivalent)
Epichlorohydrin = 0.01% dosed at 20 ppm (or equivalent)
Certification can rely on manufacturers or third parties, as approved by the State.
(n) For microbiological analysis, a standard sample size of 100 milliliters shall be used.
(o) Disinfection Byproduct Monitoring.
The requirements of this subdivision apply to community and nontransient noncommunity water systems that use a primary or residual disinfectant other than ultraviolet light, or deliver water that has been treated with a primary or residual disinfectant other than ultraviolet light in accordance with monitoring requirements in Table 9A of section 5-1.52.
Systems required to conduct quarterly monitoring shall calculate compliance at the end of each quarter or earlier if the LRAA calculated based on fewer than four quarters of data would cause the MCL to be exceeded regardless of the monitoring results of subsequent quarters in accordance with Table 3 of section 5-1.52.
Systems required to conduct monitoring at a frequency that is less than quarterly shall monitor in the calendar month identified in the monitoring plan developed under subdivision (c) of this section.
Compliance calculations shall be made beginning with the first compliance sample taken after the compliance date.
Re: THE PAUL PLANTE STORY
THE STATE OF NEW YORK
TITLE 10. DEPARTMENT OF HEALTH
CHAPTER I. STATE SANITARY CODE
PART 5. DRINKING WATER SUPPLIES
SUBPART 5-1. PUBLIC WATER SYSTEMS
(Statutory authority: Public Health Law, Section 225)
Operation and Quality Control
5-1.70 Applicability. (Effective Date: November 9, 2011)
Sections 5-1.70 through 5-1.79 of this Subpart shall be applicable to all public water systems, provided the systems serve 15 or more service connections or serve 25 or more persons.
Subdivisions 5-1.71 (c) and (d), subdivision 5-1.72 (c), and paragraph 5-1.78(a)(4) apply to all public water systems.
5-1.71 Protection and supervision of public water systems. (Effective Date: May 16, 2018)
(a) The supplier of water and the person or persons operating a public water system shall exercise due care and diligence in the maintenance and supervision of all sources of the public water systems to prevent, so far as possible, their pollution and depletion.
(b) The supplier of water and the person or persons operating a water treatment plant or distribution system shall exercise due care and diligence in the operation and maintenance of these facilities and their appurtenances to ensure continued compliance with the provisions of this Subpart.
Facilities approved by the State shall be operated in accordance with their design unless otherwise authorized under the provisions of sections 5-1.22, 5-1.23 or 5-1.24 of this Subpart.
(c) If the State notifies the supplier of water that a significant deficiency exists, the supplier of water shall consult with the State within 30 days regarding corrective action.
Within 120 days of being notified that a significant deficiency exists (or earlier if the State determines that action is necessary to protect public health), the supplier of water shall correct the significant deficiency or be in compliance with a corrective action plan to correct the deficiency.
The corrective action plan must specify appropriate modifications and/or improvements to the existing system or facility as may be necessary to fully conform to the requirements of this Subpart.
(d) Any significant deficiency that is not corrected or where correction has not begun according to a corrective action plan prepared to meet the requirements of this code, within 120 days, or as directed by the State, is a treatment technique violation and must be addressed in accordance with the requirements in section 5-1.12.
If the deficiency is a public health hazard, the deficiency must be addressed as directed or approved by the State and Tier 1 notification is required.
(e) Public water systems shall correct sanitary defects found through a Level 1 or 2 assessment.
For corrections that have not been completed at the time that the assessment form is submitted the system shall complete the corrective action(s) within 120 days of identifying the sanitary defect or be in compliance with a timeframe approved by the State in consultation with the system.
The system shall notify the State when each scheduled corrective action is complete.
5-1.72 Operation of a public water system. (Effective Date: May 16, 2018)
(a) The supplier of water and the person or persons in charge of the operation of a public water system shall operate and maintain the public water system in such a manner to meet the requirements of this Subpart.
(b) The person or persons in charge of operation of a public water system shall be certified pursuant to Subpart 5-4 of this Part.
(c) Complete records shall be kept of the operation of a public water system.
A copy of daily operation records in a format provided or approved by the State shall be sent to the State by the 10th calendar day of the next reporting period.
These records shall include the results of all tests, measurements or analysis required to be made by this Subpart or as requested by the State.
All operational records shall be available to the State either upon request or in conjunction with periodic sanitary surveys conducted by the State.
*****
(i) For systems using the watershed control program option, notice of intention to develop a new or continue an existing watershed control program shall be submitted no later than two years before the treatment compliance date.
The watershed control plan shall be submitted no later than one year before the treatment compliance date.
The annual watershed control program status report shall be submitted every 12 months.
For community water systems, the watershed sanitary survey report shall be submitted every three years.
For noncommunity water systems, the watershed sanitary survey report shall be submitted every five years.
Copies of any written reports, including summaries or communications relating to sanitary surveys of the public water system shall be retained for at least 10 years.
(11) Educational information.
The report must contain the language of subparagraph (i) of this paragraph or alternative language approved by the State.
The report also must include the language of subparagraphs (ii) through (iv) of this paragraph.
(ii) The sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs, and wells.
As water travels over the surface of the land or through the ground, it dissolves naturally occurring minerals and can pick up substances resulting from the presence of animals or from human activities.
Contaminants that may be present in source water include: microbial contaminants; inorganic contaminants; pesticides and herbicides; organic chemical contaminants; and radioactive contaminants.
(iii) In order to ensure that tap water is safe to drink, the State and the EPA prescribe regulations which limit the amount of certain contaminants in water provided by public water systems.
The State Health Department's and the FDA’s regulations establish limits for contaminants in bottled water which must provide the same protection for public health.
(iv)Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants.
The presence of contaminants does not necessarily indicate that water poses a health risk.
More information about contaminants and potential health effects can be obtained by calling the Environmental Protection Agency's Safe Drinking Water Hotline (800-426-4791).
(g) Report delivery and record keeping.
(2) Report distribution to state agencies.
(i) No later than the date the system is required to distribute the report to its customers, each community water system must mail one copy of the report and one copy of the supplement, if prepared, to the Commissioner of the State Health Department and the county or district health department office which has jurisdiction over the water system.
The system must also deliver (by the first of September) to these two agencies a certification that the report has been distributed to customers, and that the information is correct and consistent with the compliance monitoring data previously submitted to the state.
(ii) No later than the date the system is required to distribute the report to its customers, each community water system serving 1,000 or more service connections must deliver a copy of the report and a copy of the supplement, if prepared to the Commissioner of Environmental Conservation.
(iii)Investor-owned community water systems regulated by the Public Service Commission (PSC) shall also deliver a copy of the report and a copy of any supplement prepared, to that agency.
Recordkeeping requirements.
Any system subject to this Subpart must retain copies of the report for no less than three years.
TITLE 10. DEPARTMENT OF HEALTH
CHAPTER I. STATE SANITARY CODE
PART 5. DRINKING WATER SUPPLIES
SUBPART 5-1. PUBLIC WATER SYSTEMS
(Statutory authority: Public Health Law, Section 225)
Operation and Quality Control
5-1.70 Applicability. (Effective Date: November 9, 2011)
Sections 5-1.70 through 5-1.79 of this Subpart shall be applicable to all public water systems, provided the systems serve 15 or more service connections or serve 25 or more persons.
Subdivisions 5-1.71 (c) and (d), subdivision 5-1.72 (c), and paragraph 5-1.78(a)(4) apply to all public water systems.
5-1.71 Protection and supervision of public water systems. (Effective Date: May 16, 2018)
(a) The supplier of water and the person or persons operating a public water system shall exercise due care and diligence in the maintenance and supervision of all sources of the public water systems to prevent, so far as possible, their pollution and depletion.
(b) The supplier of water and the person or persons operating a water treatment plant or distribution system shall exercise due care and diligence in the operation and maintenance of these facilities and their appurtenances to ensure continued compliance with the provisions of this Subpart.
Facilities approved by the State shall be operated in accordance with their design unless otherwise authorized under the provisions of sections 5-1.22, 5-1.23 or 5-1.24 of this Subpart.
(c) If the State notifies the supplier of water that a significant deficiency exists, the supplier of water shall consult with the State within 30 days regarding corrective action.
Within 120 days of being notified that a significant deficiency exists (or earlier if the State determines that action is necessary to protect public health), the supplier of water shall correct the significant deficiency or be in compliance with a corrective action plan to correct the deficiency.
The corrective action plan must specify appropriate modifications and/or improvements to the existing system or facility as may be necessary to fully conform to the requirements of this Subpart.
(d) Any significant deficiency that is not corrected or where correction has not begun according to a corrective action plan prepared to meet the requirements of this code, within 120 days, or as directed by the State, is a treatment technique violation and must be addressed in accordance with the requirements in section 5-1.12.
If the deficiency is a public health hazard, the deficiency must be addressed as directed or approved by the State and Tier 1 notification is required.
(e) Public water systems shall correct sanitary defects found through a Level 1 or 2 assessment.
For corrections that have not been completed at the time that the assessment form is submitted the system shall complete the corrective action(s) within 120 days of identifying the sanitary defect or be in compliance with a timeframe approved by the State in consultation with the system.
The system shall notify the State when each scheduled corrective action is complete.
5-1.72 Operation of a public water system. (Effective Date: May 16, 2018)
(a) The supplier of water and the person or persons in charge of the operation of a public water system shall operate and maintain the public water system in such a manner to meet the requirements of this Subpart.
(b) The person or persons in charge of operation of a public water system shall be certified pursuant to Subpart 5-4 of this Part.
(c) Complete records shall be kept of the operation of a public water system.
A copy of daily operation records in a format provided or approved by the State shall be sent to the State by the 10th calendar day of the next reporting period.
These records shall include the results of all tests, measurements or analysis required to be made by this Subpart or as requested by the State.
All operational records shall be available to the State either upon request or in conjunction with periodic sanitary surveys conducted by the State.
*****
(i) For systems using the watershed control program option, notice of intention to develop a new or continue an existing watershed control program shall be submitted no later than two years before the treatment compliance date.
The watershed control plan shall be submitted no later than one year before the treatment compliance date.
The annual watershed control program status report shall be submitted every 12 months.
For community water systems, the watershed sanitary survey report shall be submitted every three years.
For noncommunity water systems, the watershed sanitary survey report shall be submitted every five years.
Copies of any written reports, including summaries or communications relating to sanitary surveys of the public water system shall be retained for at least 10 years.
(11) Educational information.
The report must contain the language of subparagraph (i) of this paragraph or alternative language approved by the State.
The report also must include the language of subparagraphs (ii) through (iv) of this paragraph.
(ii) The sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs, and wells.
As water travels over the surface of the land or through the ground, it dissolves naturally occurring minerals and can pick up substances resulting from the presence of animals or from human activities.
Contaminants that may be present in source water include: microbial contaminants; inorganic contaminants; pesticides and herbicides; organic chemical contaminants; and radioactive contaminants.
(iii) In order to ensure that tap water is safe to drink, the State and the EPA prescribe regulations which limit the amount of certain contaminants in water provided by public water systems.
The State Health Department's and the FDA’s regulations establish limits for contaminants in bottled water which must provide the same protection for public health.
(iv)Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants.
The presence of contaminants does not necessarily indicate that water poses a health risk.
More information about contaminants and potential health effects can be obtained by calling the Environmental Protection Agency's Safe Drinking Water Hotline (800-426-4791).
(g) Report delivery and record keeping.
(2) Report distribution to state agencies.
(i) No later than the date the system is required to distribute the report to its customers, each community water system must mail one copy of the report and one copy of the supplement, if prepared, to the Commissioner of the State Health Department and the county or district health department office which has jurisdiction over the water system.
The system must also deliver (by the first of September) to these two agencies a certification that the report has been distributed to customers, and that the information is correct and consistent with the compliance monitoring data previously submitted to the state.
(ii) No later than the date the system is required to distribute the report to its customers, each community water system serving 1,000 or more service connections must deliver a copy of the report and a copy of the supplement, if prepared to the Commissioner of Environmental Conservation.
(iii)Investor-owned community water systems regulated by the Public Service Commission (PSC) shall also deliver a copy of the report and a copy of any supplement prepared, to that agency.
Recordkeeping requirements.
Any system subject to this Subpart must retain copies of the report for no less than three years.
Re: THE PAUL PLANTE STORY
December 20, 2021
The Honorable Kathy Hochul
Governor of New York State
NYS State Capitol Building
Albany, NY 12224
RE: PFOA in Poestenkill; whither justice?
Dear Governor Hochul:
As a follow up to my communication to your Office on December 10, 2021, entitled "The most incompetent PFOA investigation in history," wherein I informed you that my well is now contaminated with PFOS through no fault of my own, that despite all of my efforts working within the law to have it be otherwise, so that my life as an elderly disabled veteran has been turned upside down, and everything I have worked for to improve and provide for my security as a disabled veteran in old age has been turned to crap through negligence on the part of the New York State Department of Environmental Conservation and the Town of Poestenkill, which makes my water unfit to drink or even water pigs with, so that I am deprived of potable water to drink, which has stripped me of my quality of life, making me feel betrayed and violated with my property values reduced to nothing, my Thanksgiving ruined and my Christmas as well, and my communication to your Office on December 12, 2021, entitled "The Poestenkill PFOA investigation is a comical, farcical and insulting clown show," I would like to add that if this were Michigan, post-Flint, we would have the satisfaction of seeing guilty heads rolling, and people, public officials who didn't do their jobs, going to jail, where they belong.
That is if this were Michigan.
But sadly for us affected persons in Poestenkill, it's not Michigan, it's New York, and here in New York, it is those who should be under investigation and/or indictment for gross negligence who get to do the investigating so they can conduct a whitewash to exonerate themselves, and leave us in the lurch with no potable water to drink, which takes us to November 6, 2021, and your "Statement From Governor Kathy Hochul on Passage of the Bipartisan Infrastructure Bill and Advancing the Build Back Better Agenda," wherein you were quoted as saying "Congress has made good on its promise to deliver infrastructure funding through the Infrastructure Investment and Jobs Act, meaning New York will be able to make critical investments in our roads, bridges, and transit," and "This funding also helps make our infrastructure more resilient to climate change and will expand access to clean water, supporting New York's economic growth and improving public health," that as we in Poestenkill are being denied access to clean water through no fault of our own, which is doing absolutely nothing to improve public health.
Quite to the contrary, forcing us to have to drink contaminated water, because your DEC and your Health Department told us in a WNYT-TV story entitled "Rensselaer County leaders discuss chemical found during water tests" on September 22, 2021 that in their opinion contaminant levels of PFOA discovered in private wells of two properties adjacent to the Algonquin Middle School in Poestenkill do not pose a significant health risk, which is not a public health standard but a purely political whitewash statement, is quite inimical to the public health, and is a sentiment one would expect to find expressed in a third-world country like Haiti or Somalia, not in a supposedly modern state like New York, along with statements on the Poestenkill town website from Poestenkill "Public Health Coordinator" Bob Brunet that, "In our last update we quoted numerous NYSDOH statements which reassured us that the school’s water 'does not pose a significant health risk' and 'Your water continues to be acceptable for all uses.'”
That the words "do not pose a significant health risk" are not words a true public health professional would use is made incandescently clear by reference to Title 10, Department of Health, Chapter I, State Sanitary Code, Part 5, Drinking Water Supplies, Subpart 5-1, Public Water Systems, Statutory authority: Public Health Law, Section 225, where we first find in General Provisions, Section 5-1.1 Definitions, as follows:
(bs) Potable water means a water which meets the requirements established by this Subpart.
Potable water in New York state according to the state sanitary code is water that is safe to drink, not water that does not pose a significant health risk, which is a ridiculous political statement.
Water with PFOA in it, or PFOS, is not safe to drink, period, and there is no evidence that your DEC and DOH can come up with that demonstrates conclusively that water with PFOA in it, or PFOS, is safe to drink, and hence potable.
So why are your DEC and DOH lying to us by implying that it is safe to drink?
Can you tell us that?
Then we go down to "Sources of Water Supply," 5-1.10 Statement, where we have as follows:
The rules contained in this Subpart, together with the watershed rules and regulations set forth in Parts 100 through 158 of this Title, have been promulgated to protect present or future sources of water supply.
end quotes
Except in Poestenkill, they didn't because the sanitary code was simply ignored, as if it did not exist, or did not apply to your DOH in this specific case.
Why wasn't our water protected?
Going down to 5-1.51 Maximum contaminant levels, maximum residual disinfectant levels and treatment technique requirements, under (a), we have as follows:
In the case where an MCL, MRDL, or treatment technique requirement is exceeded, notwithstanding anything to the contrary contained in section 5-1.12 of this Subpart, the supplier of water will take the necessary steps to comply with this section, to ensure the protection of the public health, including the undertaking of remedial feasibility studies and the installation of a suitable treatment process.
end quotes
Key words - protection of the public health, not political slogans such as "does not pose a significant health risk."
Scrolling down further, we come to (h), to wit:
Notwithstanding anything to the contrary in subdivision (a) of this section, the Commissioner may recommend values lower than the MCLs if sufficient valid information based on commonly accepted scientific standards and principles demonstrates an increased public health concern.
end quotes
So it is the Commissioner of Health who determines MCLs, not the DEC, which brings us to 5-1.71 Protection and supervision of public water systems, as follows:
(a) The supplier of water and the person or persons operating a public water system shall exercise due care and diligence in the maintenance and supervision of all sources of the public water systems to prevent, so far as possible, their pollution and depletion.
end quotes
In the case of Algonquin school in Poestenkill which is a public water system with PFOA in it, that exercise of due care and due diligence in the supervision of all sources of the public water system to prevent its pollution clearly did not happen.
Why?
And as we scan through the state sanitary code, which may as well not exist in this state, we repeatedly come across the words, "State discretion shall mean requiring monitoring when the State has reason to believe the MCL has been violated, the potential exists for an MCL violation or the contaminant may present a risk to public health."
We do not ever encounter the words "does not pose a significant health risk," which are political whitewash/cover-up words.
And that brings us to December 9, 2021, and "Remarks By President Biden At The Summit For Democracy Opening Session," where President Biden was quoted as saying thusly, to wit:
Last month, I was proud to sign a bipartisan piece of legislation, a true act of consensus between Democrats and Republicans in our country: the Infrastructure Investment and Jobs Act.
This legislation will make a generational investment to deliver what people need most in the 21st century: clean water, safe roads, high-speed broadband Internet, and so much more — all of which strengthens our democracy by creating good-paying union jobs that will translate to lives of opportunity and dignity for working people, with better access to the tools and resources they need to thrive.
end quotes
This legislation will make a generational investment to deliver what people need most in the 21st century - clean water, that said as we in Poestenkill are instead rewarded with contaminated water, so that we are being denied the resources we need to thrive, which makes us into second-class citizens in the state, where it is the polluters who get the protection of law, while their victims, including school children, go begging.
So as we head into Christmas 2021, what do you see wrong with that picture, Madam Governor?
And more importantly, what is it that you plan on doing to rectify our situation by restoring our environment and ensuring that we are provided with potable water, water that is safe to drink, not water with chemicals in it that your DEC and DOH want us to believe "does not pose a significant health risk?"
And with Christmas coming, when would it be that you are going to let us know?
Sincerely,
Paul R. Plante, NYSPE
The Honorable Kathy Hochul
Governor of New York State
NYS State Capitol Building
Albany, NY 12224
RE: PFOA in Poestenkill; whither justice?
Dear Governor Hochul:
As a follow up to my communication to your Office on December 10, 2021, entitled "The most incompetent PFOA investigation in history," wherein I informed you that my well is now contaminated with PFOS through no fault of my own, that despite all of my efforts working within the law to have it be otherwise, so that my life as an elderly disabled veteran has been turned upside down, and everything I have worked for to improve and provide for my security as a disabled veteran in old age has been turned to crap through negligence on the part of the New York State Department of Environmental Conservation and the Town of Poestenkill, which makes my water unfit to drink or even water pigs with, so that I am deprived of potable water to drink, which has stripped me of my quality of life, making me feel betrayed and violated with my property values reduced to nothing, my Thanksgiving ruined and my Christmas as well, and my communication to your Office on December 12, 2021, entitled "The Poestenkill PFOA investigation is a comical, farcical and insulting clown show," I would like to add that if this were Michigan, post-Flint, we would have the satisfaction of seeing guilty heads rolling, and people, public officials who didn't do their jobs, going to jail, where they belong.
That is if this were Michigan.
But sadly for us affected persons in Poestenkill, it's not Michigan, it's New York, and here in New York, it is those who should be under investigation and/or indictment for gross negligence who get to do the investigating so they can conduct a whitewash to exonerate themselves, and leave us in the lurch with no potable water to drink, which takes us to November 6, 2021, and your "Statement From Governor Kathy Hochul on Passage of the Bipartisan Infrastructure Bill and Advancing the Build Back Better Agenda," wherein you were quoted as saying "Congress has made good on its promise to deliver infrastructure funding through the Infrastructure Investment and Jobs Act, meaning New York will be able to make critical investments in our roads, bridges, and transit," and "This funding also helps make our infrastructure more resilient to climate change and will expand access to clean water, supporting New York's economic growth and improving public health," that as we in Poestenkill are being denied access to clean water through no fault of our own, which is doing absolutely nothing to improve public health.
Quite to the contrary, forcing us to have to drink contaminated water, because your DEC and your Health Department told us in a WNYT-TV story entitled "Rensselaer County leaders discuss chemical found during water tests" on September 22, 2021 that in their opinion contaminant levels of PFOA discovered in private wells of two properties adjacent to the Algonquin Middle School in Poestenkill do not pose a significant health risk, which is not a public health standard but a purely political whitewash statement, is quite inimical to the public health, and is a sentiment one would expect to find expressed in a third-world country like Haiti or Somalia, not in a supposedly modern state like New York, along with statements on the Poestenkill town website from Poestenkill "Public Health Coordinator" Bob Brunet that, "In our last update we quoted numerous NYSDOH statements which reassured us that the school’s water 'does not pose a significant health risk' and 'Your water continues to be acceptable for all uses.'”
That the words "do not pose a significant health risk" are not words a true public health professional would use is made incandescently clear by reference to Title 10, Department of Health, Chapter I, State Sanitary Code, Part 5, Drinking Water Supplies, Subpart 5-1, Public Water Systems, Statutory authority: Public Health Law, Section 225, where we first find in General Provisions, Section 5-1.1 Definitions, as follows:
(bs) Potable water means a water which meets the requirements established by this Subpart.
Potable water in New York state according to the state sanitary code is water that is safe to drink, not water that does not pose a significant health risk, which is a ridiculous political statement.
Water with PFOA in it, or PFOS, is not safe to drink, period, and there is no evidence that your DEC and DOH can come up with that demonstrates conclusively that water with PFOA in it, or PFOS, is safe to drink, and hence potable.
So why are your DEC and DOH lying to us by implying that it is safe to drink?
Can you tell us that?
Then we go down to "Sources of Water Supply," 5-1.10 Statement, where we have as follows:
The rules contained in this Subpart, together with the watershed rules and regulations set forth in Parts 100 through 158 of this Title, have been promulgated to protect present or future sources of water supply.
end quotes
Except in Poestenkill, they didn't because the sanitary code was simply ignored, as if it did not exist, or did not apply to your DOH in this specific case.
Why wasn't our water protected?
Going down to 5-1.51 Maximum contaminant levels, maximum residual disinfectant levels and treatment technique requirements, under (a), we have as follows:
In the case where an MCL, MRDL, or treatment technique requirement is exceeded, notwithstanding anything to the contrary contained in section 5-1.12 of this Subpart, the supplier of water will take the necessary steps to comply with this section, to ensure the protection of the public health, including the undertaking of remedial feasibility studies and the installation of a suitable treatment process.
end quotes
Key words - protection of the public health, not political slogans such as "does not pose a significant health risk."
Scrolling down further, we come to (h), to wit:
Notwithstanding anything to the contrary in subdivision (a) of this section, the Commissioner may recommend values lower than the MCLs if sufficient valid information based on commonly accepted scientific standards and principles demonstrates an increased public health concern.
end quotes
So it is the Commissioner of Health who determines MCLs, not the DEC, which brings us to 5-1.71 Protection and supervision of public water systems, as follows:
(a) The supplier of water and the person or persons operating a public water system shall exercise due care and diligence in the maintenance and supervision of all sources of the public water systems to prevent, so far as possible, their pollution and depletion.
end quotes
In the case of Algonquin school in Poestenkill which is a public water system with PFOA in it, that exercise of due care and due diligence in the supervision of all sources of the public water system to prevent its pollution clearly did not happen.
Why?
And as we scan through the state sanitary code, which may as well not exist in this state, we repeatedly come across the words, "State discretion shall mean requiring monitoring when the State has reason to believe the MCL has been violated, the potential exists for an MCL violation or the contaminant may present a risk to public health."
We do not ever encounter the words "does not pose a significant health risk," which are political whitewash/cover-up words.
And that brings us to December 9, 2021, and "Remarks By President Biden At The Summit For Democracy Opening Session," where President Biden was quoted as saying thusly, to wit:
Last month, I was proud to sign a bipartisan piece of legislation, a true act of consensus between Democrats and Republicans in our country: the Infrastructure Investment and Jobs Act.
This legislation will make a generational investment to deliver what people need most in the 21st century: clean water, safe roads, high-speed broadband Internet, and so much more — all of which strengthens our democracy by creating good-paying union jobs that will translate to lives of opportunity and dignity for working people, with better access to the tools and resources they need to thrive.
end quotes
This legislation will make a generational investment to deliver what people need most in the 21st century - clean water, that said as we in Poestenkill are instead rewarded with contaminated water, so that we are being denied the resources we need to thrive, which makes us into second-class citizens in the state, where it is the polluters who get the protection of law, while their victims, including school children, go begging.
So as we head into Christmas 2021, what do you see wrong with that picture, Madam Governor?
And more importantly, what is it that you plan on doing to rectify our situation by restoring our environment and ensuring that we are provided with potable water, water that is safe to drink, not water with chemicals in it that your DEC and DOH want us to believe "does not pose a significant health risk?"
And with Christmas coming, when would it be that you are going to let us know?
Sincerely,
Paul R. Plante, NYSPE
Re: THE PAUL PLANTE STORY
ATTENTION POESTENKILL RESIDENTS AFFECTED BY PFOA OR PFOS IN YOUR DRINKING WATER AND PARENTS OF ALGONQUIN SCHOOL STUDENTS!
ADDENDUM
WHAT HAPPENS IF I FILE A NOTICE OF CLAIM?
What happens if you file a TIMELY Notice of Claim is that YOU secure YOUR rights or those of your children.
Nobody else can do it for you.
What you are doing by filing a Notice of Claim is acting pursuant to §9.1 of Article I, the Bill of Rights of the New York State Constitution which states, "No law shall be passed abridging the rights of the people peaceably to assemble and to petition the government."
To do that, to petition the government, there has to be a rational method for doing so, or there would be chaos, so there is a Civil Practice Law and Rules for New York state and a Federal Rules of Civil Procedure for federal court, which are cook books that everybody has to use so that there is order to the procedure, and the notice of claim is a part of that process.
DOES A NOTICE OF CLAIM BIND ME TO A LAWSUIT?
No, you are not "bound" to do anything.
WHAT IS A CLAIM?
An example of a claim in this particular instance would be found in a December 20, 2021 letter from myself to The Honorable Kathy Hochul, Governor of New York State, titled" PFOA in Poestenkill; whither justice?" wherein I informed the governor that my well is now contaminated with PFOS through no fault of my own, that despite all of my efforts working within the law to have it be otherwise, so that my life as an elderly disabled veteran has been turned upside down, and everything I have worked for to improve and provide for my security as a disabled veteran in old age has been turned to crap through negligence on the part of the New York State Department of Environmental Conservation and the Town of Poestenkill, which makes my water unfit to drink or even water pigs with, so that I am deprived of potable water to drink, which has stripped me of my quality of life, making me feel betrayed and violated with my property values reduced to nothing, my Thanksgiving ruined and my Christmas as well.
Now, that is my particular claim in this matter, and it may be very similar to other claims made by others in Poestenkill except they would personalize theirs as I have done mine, because EACH PERSON can only speak for themselves.
A claim by parents with kids in Algonquin who don't own affected property in Poestenkill would obviously have to be worded differently, but the essence remains the same, and a lawyer would assist in getting that language right.
So for all of us, the claims derive from the same set of negligent actions on the part of the State of New York which are based on §4 of Article XIV of the New York State Constitution, titled, "Conservation," which section states "The policy of the state shall be to conserve and protect its natural resources" and "The legislature, in implementing this policy, shall include adequate provision for the abatement of air and water pollution and ..... the development and regulation of water resources."
That section to OUR Constitution was added by vote of the people November 4, 1969, and I was one of those people who voted for it by absentee ballot while stationed in Viet Nam as an infantryman in 1969, and because of that Constitutional amendment, the Environmental Conservation Law was created along with the Department of Environmental Conservation to enforce it through regulations such as Title 6 Part 637, Qualifications for Environmental Conservation Personnel in 6 NYCRR 637.6, Qualifications and primary functions for environmental engineers, as follows:
(a) An environmental engineer applies the principles and data of engineering and natural and social sciences for the protection and improvement of the environment.
end quotes
Except in this case, in Poestenkill, that clearly did not happen, or we would not have PFOA or PFOS in our groundwater, and in this case, the negligence and gross failure by the NYSDEC and its employees to meet the highest standards of honesty, accountability, and efficiency with respect to the issuance of the original Poestenkill transfer station permit can't be denied away by the DEC today, as we see from an affidavit of Assistant New York State Attorney General Kathleen Liston Morrison dated October 14, 1993, in the Matter of Paul Plante v. New York State Department of Environmental Conservation, Albany County Index No. 4840-93, submitted to Judge Robert Williams of Albany County Supreme Court wherein she stated under oath to Judge Williams of Albany County Supreme Court as follows with respect to DEC lawlessness and regulatory insufficiency in connection with the original Poestenkill transfer station permit:
"I have read the Verified Petition, the Department permit file, and the relevant statutes and regulations."
"The state respondents admit that the Department (NYSDEC) erred in issuing the permit when it had an incomplete application under Environmental Conservation Law ("ECL") Article 70, the Uniform Procedures Act, and the regulations promulgated thereunder in 6 NYCRR Part 621, the Solid Waste Management Act, ECL Article 27, and the regulations promulgated thereunder in 6 NYCRR Part 360, and failed to comply with the requirements of Article 8, the State Environmental Quality Act, and the regulations promulgated thereunder in 6 NYCRR Part 617."
end quote
The verified petition was my petition prepared by myself and sworn to, and being a professional engineer who does not practice in a manner that is negligent, which is where the big money is for those who don't mind going through life as liars and cheats, a good part of the profession today, that petition was based on ALL relevant statutes and regulations including Environmental Conservation Law ("ECL") Article 70, the Uniform Procedures Act, and the regulations promulgated thereunder in 6 NYCRR Part 621, the Solid Waste Management Act, ECL Article 27, and the regulations promulgated thereunder in 6 NYCRR Part 360, and Article 8, the State Environmental Quality Act, and the regulations promulgated thereunder in 6 NYCRR Part 617, all of which I researched, read, understood, and then based a complaint on.
For the record, being a licensed engineer in NY is NOT a job, nor is it a political position; rather it is a SOCIETAL DUTY, which is why licensed engineers are REQUIRED to be of good moral character.
People of good moral character do not use their position of authority to lie to people, to mislead people, to bury evidence of environmental crimes, and to stand by in matters of obvious and flagrant environmental injustice being inflicted on a community of people who don't know how to defend themselves.
In that case, there could be no further lawsuit based on that admission of negligence because harm to my well had not yet occurred.
So I have been forced to do nothing while waiting for the harm to come, which it now has.
So there is an unbroken chain of negligence by the DEC which is the basis of any lawsuit resulting these Notices of Claim, based on these words from the DEC's own official records, which are now part of court documents, to wit:
Memo on DEC letterhead dated October 22, 1993 from Richard Ostrov to Bill Clark and Art Henningson of the DEC Region IV Office RE: BENSON BROS. ARTICLE 78 update:
Kathleen (assistant attorney general) indicated that because of this judge’s personal slant toward DEC, our record should be air-tight when the new permit application is processed.
She pointed out that Plante’s basis for standing is his well’s proximity to site of one transfer station.
It appears from her review of the record that the wastewater impact of the transfer station was not adequately addressed in the record.
end quotes
The wastewater impact of the transfer station was NEVER addressed period, and if the state wishes to refute that claim, they would have to come up with evidence that they did address it, which they can't, because no such evidence exists, and they can't wish the Morrison affidavit out of existence, because it is filed with the Albany County Clerk as a public record.
And that brings us to Algonquin School, which for the purposes of these Notices of Claim is not a school, but a registered and regulated public water supply:
ALGONQUIN SCHOOL NY4117257 NTNC-Non-transient non-community water system
Mr. John Bruce
Averill Park Central School District
146 Gettle Rd.
AVERILL PARK, NY 12018
Mr. Aaron A. Heffner
Averill Park Central School District
146 Gettle Rd.
AVERILL PARK, NY 12018
As a public water supply, the Algonquin Public Water Supply is subject to the New York State Sanitary Code, Title 10, Chapter I, State Sanitary Code Part 5, Drinking Water Supplies, Subpart 5-1. Public Water Systems, Statutory authority: Public Health Law, Section 225, as follows:
Operation and Quality Control
5-1.70 Applicability. (Effective Date: November 9, 2011)
Sections 5-1.70 through 5-1.79 of this Subpart shall be applicable to all public water systems, provided the systems serve 15 or more service connections or serve 25 or more persons.
Subdivisions 5-1.71 (c) and (d), subdivision 5-1.72 (c), and paragraph 5-1.78(a)(4) apply to all public water systems.
5-1.71 Protection and supervision of public water systems. (Effective Date: May 16, 2018)
(a) The supplier of water and the person or persons operating a public water system shall exercise due care and diligence in the maintenance and supervision of all sources of the public water systems to prevent, so far as possible, their pollution and depletion.
end quotes
Given the contamination of the Algonquin water supply, due care and diligence in the maintenance and supervision of all sources of the public water systems to prevent, so far as possible, their pollution did not happen, which leads us back to the question of negligence, because when the DEC failed to adequately address the wastewater impact of the transfer station, that includes not only my well, but the water sources of the Algonquin Public Water Supply.
Pursuant to General Provisions, Section 5-1.1 Definitions, (cb), a public water system means a water system which provides water to the public for human consumption; (cs) State means the State Commissioner of Health, or his designated representative, not the DEC; (bs) Potable water means a water which meets the requirements established by this Subpart; and (ci) Sanitary survey means an onsite review of a water system including the water source, facilities, equipment, operations maintenance, and monitoring compliance of a public water system to evaluate the adequacy of the system, its sources and operations and the distribution of safe drinking water. The survey must include evaluation of the following components: source; treatment; distribution system; finished water storage; pumps, pump facilities, and controls; monitoring, reporting, and data verification; system management and operation; and operator compliance with State requirements.
As to "Sources of Water Supply" we have 5-1.10 Statement:
The rules contained in this Subpart, together with the watershed rules and regulations set forth in Parts 100 through 158 of this Title, have been promulgated to protect present or future sources of water supply.
end quotes
Note the words "protect present sources of water supply."
If that had happened, there would be no PFOA in that water, which takes us to 5-1.12 Water quality for existing sources of water supply as to what should have happened here once the PFOA was known to be in that water, but did not because of political meddling:
(a) Whenever the supplier of water determines or is advised by the State that ..... a change in the character of the watershed or aquifer has been observed which may affect water quality; the supplier of water shall notify the State (State means the State Commissioner of Health, or his designated representative, not the DEC) and do the following:
* undertake a study to determine the cause or causes of such conditions, independent of known or anticipated treatment technology;
* investigate all or part of the watershed or aquifer to verify any existing or potential changes in the character of the sources of water supply; and
* submit a written report to the State within 30 days of the onset of the foregoing conditions summarizing the findings outlined in paragraphs (1) through (4) of this subdivision.
(b) The State may require the supplier of water to conduct sanitary surveys and to conduct water sampling related to watersheds and ground water aquifers which are sources of water supply to identify and evaluate the significance of existing and potential sources of pollution and to report the results to the State. Also, sanitary surveys shall be used to evaluate the adequacy of the public water system, the source or sources of water supply and the water treatment plant to produce a potable water.
end quotes
As we know from what I called a comical, farcical and insulting clown show in a December 12, 2021 letter to The Honorable Kathy Hochul, Governor of New York State, with regard to the supposed DEC investigation, which I have called a whitewash, given the factual record here, the regulations that should have been followed were instead ignored, and as a result, we are deprived of our right to potable water, which is water that is safe to drink, not water that won't really cause you significant harm, just some minor harm that the state of New York could care less about.
Hence the need for a lawsuit to restore to us our right to potable water, which takes us back to the New York State Constitution and section 3 of Article XVII, Social Welfare, as follows:
§3. The protection and promotion of the health of the inhabitants of the state are matters of public concern and provision therefor shall be made by the state and by such of its subdivisions and in such manner, and by such means as the legislature shall from time to time determine. (Adopted by Constitutional Convention of 1938 and approved by vote of the people November 8, 1938.)
If that protection and the promotion of the health of the inhabitants of the state are no longer matters of public concern in Poestenkill, regardless of what the Constitution might have to say about it, then there will be no lawsuit regardless of any efforts I might make, and everything that is now wrong with the broken health protection system in New York and Rensselaer County and Poestenkill will stay broken, and the lives of yourselves and your family will never be safe.
So it is up to you, people.
Think it over and realize once you make your choice either way, it is made.
Either put an end to what is wrong, or accept the alternative, which is what we have now - water not fit to drink or water hogs with without coming afoul of the state of New York for cruelty to a hog by making it drink water with PFOA in it.
Respectfully submitted,
Paul R. Plante, NYSPE
ADDENDUM
WHAT HAPPENS IF I FILE A NOTICE OF CLAIM?
What happens if you file a TIMELY Notice of Claim is that YOU secure YOUR rights or those of your children.
Nobody else can do it for you.
What you are doing by filing a Notice of Claim is acting pursuant to §9.1 of Article I, the Bill of Rights of the New York State Constitution which states, "No law shall be passed abridging the rights of the people peaceably to assemble and to petition the government."
To do that, to petition the government, there has to be a rational method for doing so, or there would be chaos, so there is a Civil Practice Law and Rules for New York state and a Federal Rules of Civil Procedure for federal court, which are cook books that everybody has to use so that there is order to the procedure, and the notice of claim is a part of that process.
DOES A NOTICE OF CLAIM BIND ME TO A LAWSUIT?
No, you are not "bound" to do anything.
WHAT IS A CLAIM?
An example of a claim in this particular instance would be found in a December 20, 2021 letter from myself to The Honorable Kathy Hochul, Governor of New York State, titled" PFOA in Poestenkill; whither justice?" wherein I informed the governor that my well is now contaminated with PFOS through no fault of my own, that despite all of my efforts working within the law to have it be otherwise, so that my life as an elderly disabled veteran has been turned upside down, and everything I have worked for to improve and provide for my security as a disabled veteran in old age has been turned to crap through negligence on the part of the New York State Department of Environmental Conservation and the Town of Poestenkill, which makes my water unfit to drink or even water pigs with, so that I am deprived of potable water to drink, which has stripped me of my quality of life, making me feel betrayed and violated with my property values reduced to nothing, my Thanksgiving ruined and my Christmas as well.
Now, that is my particular claim in this matter, and it may be very similar to other claims made by others in Poestenkill except they would personalize theirs as I have done mine, because EACH PERSON can only speak for themselves.
A claim by parents with kids in Algonquin who don't own affected property in Poestenkill would obviously have to be worded differently, but the essence remains the same, and a lawyer would assist in getting that language right.
So for all of us, the claims derive from the same set of negligent actions on the part of the State of New York which are based on §4 of Article XIV of the New York State Constitution, titled, "Conservation," which section states "The policy of the state shall be to conserve and protect its natural resources" and "The legislature, in implementing this policy, shall include adequate provision for the abatement of air and water pollution and ..... the development and regulation of water resources."
That section to OUR Constitution was added by vote of the people November 4, 1969, and I was one of those people who voted for it by absentee ballot while stationed in Viet Nam as an infantryman in 1969, and because of that Constitutional amendment, the Environmental Conservation Law was created along with the Department of Environmental Conservation to enforce it through regulations such as Title 6 Part 637, Qualifications for Environmental Conservation Personnel in 6 NYCRR 637.6, Qualifications and primary functions for environmental engineers, as follows:
(a) An environmental engineer applies the principles and data of engineering and natural and social sciences for the protection and improvement of the environment.
end quotes
Except in this case, in Poestenkill, that clearly did not happen, or we would not have PFOA or PFOS in our groundwater, and in this case, the negligence and gross failure by the NYSDEC and its employees to meet the highest standards of honesty, accountability, and efficiency with respect to the issuance of the original Poestenkill transfer station permit can't be denied away by the DEC today, as we see from an affidavit of Assistant New York State Attorney General Kathleen Liston Morrison dated October 14, 1993, in the Matter of Paul Plante v. New York State Department of Environmental Conservation, Albany County Index No. 4840-93, submitted to Judge Robert Williams of Albany County Supreme Court wherein she stated under oath to Judge Williams of Albany County Supreme Court as follows with respect to DEC lawlessness and regulatory insufficiency in connection with the original Poestenkill transfer station permit:
"I have read the Verified Petition, the Department permit file, and the relevant statutes and regulations."
"The state respondents admit that the Department (NYSDEC) erred in issuing the permit when it had an incomplete application under Environmental Conservation Law ("ECL") Article 70, the Uniform Procedures Act, and the regulations promulgated thereunder in 6 NYCRR Part 621, the Solid Waste Management Act, ECL Article 27, and the regulations promulgated thereunder in 6 NYCRR Part 360, and failed to comply with the requirements of Article 8, the State Environmental Quality Act, and the regulations promulgated thereunder in 6 NYCRR Part 617."
end quote
The verified petition was my petition prepared by myself and sworn to, and being a professional engineer who does not practice in a manner that is negligent, which is where the big money is for those who don't mind going through life as liars and cheats, a good part of the profession today, that petition was based on ALL relevant statutes and regulations including Environmental Conservation Law ("ECL") Article 70, the Uniform Procedures Act, and the regulations promulgated thereunder in 6 NYCRR Part 621, the Solid Waste Management Act, ECL Article 27, and the regulations promulgated thereunder in 6 NYCRR Part 360, and Article 8, the State Environmental Quality Act, and the regulations promulgated thereunder in 6 NYCRR Part 617, all of which I researched, read, understood, and then based a complaint on.
For the record, being a licensed engineer in NY is NOT a job, nor is it a political position; rather it is a SOCIETAL DUTY, which is why licensed engineers are REQUIRED to be of good moral character.
People of good moral character do not use their position of authority to lie to people, to mislead people, to bury evidence of environmental crimes, and to stand by in matters of obvious and flagrant environmental injustice being inflicted on a community of people who don't know how to defend themselves.
In that case, there could be no further lawsuit based on that admission of negligence because harm to my well had not yet occurred.
So I have been forced to do nothing while waiting for the harm to come, which it now has.
So there is an unbroken chain of negligence by the DEC which is the basis of any lawsuit resulting these Notices of Claim, based on these words from the DEC's own official records, which are now part of court documents, to wit:
Memo on DEC letterhead dated October 22, 1993 from Richard Ostrov to Bill Clark and Art Henningson of the DEC Region IV Office RE: BENSON BROS. ARTICLE 78 update:
Kathleen (assistant attorney general) indicated that because of this judge’s personal slant toward DEC, our record should be air-tight when the new permit application is processed.
She pointed out that Plante’s basis for standing is his well’s proximity to site of one transfer station.
It appears from her review of the record that the wastewater impact of the transfer station was not adequately addressed in the record.
end quotes
The wastewater impact of the transfer station was NEVER addressed period, and if the state wishes to refute that claim, they would have to come up with evidence that they did address it, which they can't, because no such evidence exists, and they can't wish the Morrison affidavit out of existence, because it is filed with the Albany County Clerk as a public record.
And that brings us to Algonquin School, which for the purposes of these Notices of Claim is not a school, but a registered and regulated public water supply:
ALGONQUIN SCHOOL NY4117257 NTNC-Non-transient non-community water system
Mr. John Bruce
Averill Park Central School District
146 Gettle Rd.
AVERILL PARK, NY 12018
Mr. Aaron A. Heffner
Averill Park Central School District
146 Gettle Rd.
AVERILL PARK, NY 12018
As a public water supply, the Algonquin Public Water Supply is subject to the New York State Sanitary Code, Title 10, Chapter I, State Sanitary Code Part 5, Drinking Water Supplies, Subpart 5-1. Public Water Systems, Statutory authority: Public Health Law, Section 225, as follows:
Operation and Quality Control
5-1.70 Applicability. (Effective Date: November 9, 2011)
Sections 5-1.70 through 5-1.79 of this Subpart shall be applicable to all public water systems, provided the systems serve 15 or more service connections or serve 25 or more persons.
Subdivisions 5-1.71 (c) and (d), subdivision 5-1.72 (c), and paragraph 5-1.78(a)(4) apply to all public water systems.
5-1.71 Protection and supervision of public water systems. (Effective Date: May 16, 2018)
(a) The supplier of water and the person or persons operating a public water system shall exercise due care and diligence in the maintenance and supervision of all sources of the public water systems to prevent, so far as possible, their pollution and depletion.
end quotes
Given the contamination of the Algonquin water supply, due care and diligence in the maintenance and supervision of all sources of the public water systems to prevent, so far as possible, their pollution did not happen, which leads us back to the question of negligence, because when the DEC failed to adequately address the wastewater impact of the transfer station, that includes not only my well, but the water sources of the Algonquin Public Water Supply.
Pursuant to General Provisions, Section 5-1.1 Definitions, (cb), a public water system means a water system which provides water to the public for human consumption; (cs) State means the State Commissioner of Health, or his designated representative, not the DEC; (bs) Potable water means a water which meets the requirements established by this Subpart; and (ci) Sanitary survey means an onsite review of a water system including the water source, facilities, equipment, operations maintenance, and monitoring compliance of a public water system to evaluate the adequacy of the system, its sources and operations and the distribution of safe drinking water. The survey must include evaluation of the following components: source; treatment; distribution system; finished water storage; pumps, pump facilities, and controls; monitoring, reporting, and data verification; system management and operation; and operator compliance with State requirements.
As to "Sources of Water Supply" we have 5-1.10 Statement:
The rules contained in this Subpart, together with the watershed rules and regulations set forth in Parts 100 through 158 of this Title, have been promulgated to protect present or future sources of water supply.
end quotes
Note the words "protect present sources of water supply."
If that had happened, there would be no PFOA in that water, which takes us to 5-1.12 Water quality for existing sources of water supply as to what should have happened here once the PFOA was known to be in that water, but did not because of political meddling:
(a) Whenever the supplier of water determines or is advised by the State that ..... a change in the character of the watershed or aquifer has been observed which may affect water quality; the supplier of water shall notify the State (State means the State Commissioner of Health, or his designated representative, not the DEC) and do the following:
* undertake a study to determine the cause or causes of such conditions, independent of known or anticipated treatment technology;
* investigate all or part of the watershed or aquifer to verify any existing or potential changes in the character of the sources of water supply; and
* submit a written report to the State within 30 days of the onset of the foregoing conditions summarizing the findings outlined in paragraphs (1) through (4) of this subdivision.
(b) The State may require the supplier of water to conduct sanitary surveys and to conduct water sampling related to watersheds and ground water aquifers which are sources of water supply to identify and evaluate the significance of existing and potential sources of pollution and to report the results to the State. Also, sanitary surveys shall be used to evaluate the adequacy of the public water system, the source or sources of water supply and the water treatment plant to produce a potable water.
end quotes
As we know from what I called a comical, farcical and insulting clown show in a December 12, 2021 letter to The Honorable Kathy Hochul, Governor of New York State, with regard to the supposed DEC investigation, which I have called a whitewash, given the factual record here, the regulations that should have been followed were instead ignored, and as a result, we are deprived of our right to potable water, which is water that is safe to drink, not water that won't really cause you significant harm, just some minor harm that the state of New York could care less about.
Hence the need for a lawsuit to restore to us our right to potable water, which takes us back to the New York State Constitution and section 3 of Article XVII, Social Welfare, as follows:
§3. The protection and promotion of the health of the inhabitants of the state are matters of public concern and provision therefor shall be made by the state and by such of its subdivisions and in such manner, and by such means as the legislature shall from time to time determine. (Adopted by Constitutional Convention of 1938 and approved by vote of the people November 8, 1938.)
If that protection and the promotion of the health of the inhabitants of the state are no longer matters of public concern in Poestenkill, regardless of what the Constitution might have to say about it, then there will be no lawsuit regardless of any efforts I might make, and everything that is now wrong with the broken health protection system in New York and Rensselaer County and Poestenkill will stay broken, and the lives of yourselves and your family will never be safe.
So it is up to you, people.
Think it over and realize once you make your choice either way, it is made.
Either put an end to what is wrong, or accept the alternative, which is what we have now - water not fit to drink or water hogs with without coming afoul of the state of New York for cruelty to a hog by making it drink water with PFOA in it.
Respectfully submitted,
Paul R. Plante, NYSPE
Re: THE PAUL PLANTE STORY
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
DIVISION OF ENVIRONMENTAL REMEDIATION
TECHNICAL GUIDANCE FOR SITE INVESTIGATION AND REMEDIATION
CHAPTER 1 GENERAL INFORMATION
1.3 Definitions
1. "Area of concern" or “AOC” means any existing or former location at a site where contaminants are known or suspected to have been discharged which is considered a source area. These include locations where contaminants were generated, manufactured, refined, transported, stored, handled, treated, disposed or where they have or may have migrated.
17. "Environment: means any water including surface or groundwater, sediment, water vapor, any land including land surface or subsurface, air including soil vapor, fish, wildlife, other biota, all other natural resources and humans. [see 6 NYCRR 375-1.2(p)]
24. "Groundwater" means water below the land surface in a saturated zone of soil or rock. This includes perched water separated from the main body of groundwater by an unsaturated zone. [see 6 NYCRR 375-1.2(v)]
32. "Natural resource" means all land, fish, wildlife, biota, air, water, groundwater, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the State.
34. "Natural resource injury" means an observable (i.e. qualitative) or measurable (i.e. quantitative) adverse change in a natural resource or any impairment of a human or ecological service provided by that resource relative to baseline, reference, or control conditions.
36. "NYSDOH" means the New York State Department of Health.
47. "Professional engineer" or "PE" means an individual or firm licensed or otherwise authorized under article 145 of the education law of the State of New York to practice engineering. [see 6 NYCRR 375-1.2(aj)]
48. Project manager means the DER staff member with primary responsibility for ensuring that an investigation or remediation was completed in accordance with the applicable sections of this guidance, using appropriate professional judgment and experience to ensure the goals and objectives of a given remedial program are achieved.
49."Qualified environmental professional" means a person, including a firm headed by such person, who possesses sufficient specific education, training, and experience necessary to exercise professional judgment to develop opinions and conclusions regarding the presence of releases or threatened releases to the surface or subsurface of a site or off-site areas, sufficient to meet the objectives and performance factors for the areas of practice identified by this guidance. Such a person must:
i. hold a current professional engineer's or a professional geologist's license or registration and have the equivalent of three (3) years of full-time relevant experience in site investigation and remediation of the type detailed in this guidance; or
ii. be a site remediation professional licensed or certified by the federal government, a state or a recognized accrediting agency, to perform investigation or remediation tasks identified by this guidance, and have the equivalent of three (3) years of full-time relevant experience.
Examples of such license or certificate include the following titles:
(1) Licensed Site Professional, by the State of Massachusetts;
(2) Licensed Environmental Professional, by the State of Connecticut;
(3) Qualified Environmental Professional by the Institute of Professional Environmental Practice; or
(4) Certified Hazardous Materials Manager, by the Institute of Hazardous Materials Management.
50. "Qualitative exposure assessment" means an evaluation to determine the route, intensity, frequency, and duration of actual or potential exposures of humans and/or fish and wildlife to contaminants.
51. "Quality assurance" means the total integrated program for assuring the reliability of monitoring and measurement data which includes a system for integrating the planning, assessment and improvement efforts to meet data end use data quality requirements.
52. "Quality assurance project plan" or "QAPP" means a document which presents in specific terms the policies, organization, objectives, functional activities and specific quality assurance/quality control activities designed to achieve the data quality goals or objectives of a specific project or operation.
53. "Quality control" means the routine application of procedures for attaining prescribed standards of performance in the monitoring and measurement process.
77. "Waste" means any garbage, refuse, sludge from a waste water treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, whether or not such material may eventually be used for some other purpose, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations or from community activities, and source, special nuclear or by-product material as defined in the Atomic Energy Act of 1954, as amended, except as may be provided by existing agreements between the State of New York and the government of the United States, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under ECL Article 17. [see 6 NYCRR 375-1.2(aw)]
79. "Waters" means all lakes, bays, sounds, ponds, impounding reservoirs, groundwater, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial limits of the State of New York and all other bodies of water, natural or artificial, inland or coastal, fresh or salt, public or private, which are wholly or partially within or bordering the state or within its jurisdiction.
DIVISION OF ENVIRONMENTAL REMEDIATION
TECHNICAL GUIDANCE FOR SITE INVESTIGATION AND REMEDIATION
CHAPTER 1 GENERAL INFORMATION
1.3 Definitions
1. "Area of concern" or “AOC” means any existing or former location at a site where contaminants are known or suspected to have been discharged which is considered a source area. These include locations where contaminants were generated, manufactured, refined, transported, stored, handled, treated, disposed or where they have or may have migrated.
17. "Environment: means any water including surface or groundwater, sediment, water vapor, any land including land surface or subsurface, air including soil vapor, fish, wildlife, other biota, all other natural resources and humans. [see 6 NYCRR 375-1.2(p)]
24. "Groundwater" means water below the land surface in a saturated zone of soil or rock. This includes perched water separated from the main body of groundwater by an unsaturated zone. [see 6 NYCRR 375-1.2(v)]
32. "Natural resource" means all land, fish, wildlife, biota, air, water, groundwater, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the State.
34. "Natural resource injury" means an observable (i.e. qualitative) or measurable (i.e. quantitative) adverse change in a natural resource or any impairment of a human or ecological service provided by that resource relative to baseline, reference, or control conditions.
36. "NYSDOH" means the New York State Department of Health.
47. "Professional engineer" or "PE" means an individual or firm licensed or otherwise authorized under article 145 of the education law of the State of New York to practice engineering. [see 6 NYCRR 375-1.2(aj)]
48. Project manager means the DER staff member with primary responsibility for ensuring that an investigation or remediation was completed in accordance with the applicable sections of this guidance, using appropriate professional judgment and experience to ensure the goals and objectives of a given remedial program are achieved.
49."Qualified environmental professional" means a person, including a firm headed by such person, who possesses sufficient specific education, training, and experience necessary to exercise professional judgment to develop opinions and conclusions regarding the presence of releases or threatened releases to the surface or subsurface of a site or off-site areas, sufficient to meet the objectives and performance factors for the areas of practice identified by this guidance. Such a person must:
i. hold a current professional engineer's or a professional geologist's license or registration and have the equivalent of three (3) years of full-time relevant experience in site investigation and remediation of the type detailed in this guidance; or
ii. be a site remediation professional licensed or certified by the federal government, a state or a recognized accrediting agency, to perform investigation or remediation tasks identified by this guidance, and have the equivalent of three (3) years of full-time relevant experience.
Examples of such license or certificate include the following titles:
(1) Licensed Site Professional, by the State of Massachusetts;
(2) Licensed Environmental Professional, by the State of Connecticut;
(3) Qualified Environmental Professional by the Institute of Professional Environmental Practice; or
(4) Certified Hazardous Materials Manager, by the Institute of Hazardous Materials Management.
50. "Qualitative exposure assessment" means an evaluation to determine the route, intensity, frequency, and duration of actual or potential exposures of humans and/or fish and wildlife to contaminants.
51. "Quality assurance" means the total integrated program for assuring the reliability of monitoring and measurement data which includes a system for integrating the planning, assessment and improvement efforts to meet data end use data quality requirements.
52. "Quality assurance project plan" or "QAPP" means a document which presents in specific terms the policies, organization, objectives, functional activities and specific quality assurance/quality control activities designed to achieve the data quality goals or objectives of a specific project or operation.
53. "Quality control" means the routine application of procedures for attaining prescribed standards of performance in the monitoring and measurement process.
77. "Waste" means any garbage, refuse, sludge from a waste water treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, whether or not such material may eventually be used for some other purpose, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations or from community activities, and source, special nuclear or by-product material as defined in the Atomic Energy Act of 1954, as amended, except as may be provided by existing agreements between the State of New York and the government of the United States, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under ECL Article 17. [see 6 NYCRR 375-1.2(aw)]
79. "Waters" means all lakes, bays, sounds, ponds, impounding reservoirs, groundwater, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial limits of the State of New York and all other bodies of water, natural or artificial, inland or coastal, fresh or salt, public or private, which are wholly or partially within or bordering the state or within its jurisdiction.