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New Law Passed for Cooling Tower Owners in New York State!

On July 6th, 2016, New York State adopted a new Part 4 to Title 10 of the New York Code, Rules and Regulations entitled Protection Against Legionella. Officially known as NYCRR Title 10 Part 4: Protection Against Legionella, it is now the definitive regulation governing Legionella prevention in New York. This new legislation closely mirrors NYC?s Title 24 Chapter 8 of the Rules of the City of New York and the New York State emergency legislation that it replaces regarding legionella in cooling towers for all buildings and legionella in potable water systems for healthcare facilities throughout New York State. There are however, some significant additions and changes that NY building owners should be aware of. If you are responsible for a cooling tower in the State of New York, including the five boroughs, you are probably going to want to be familiar with this new law.

Environmental consultants and water treatment companies with clients in New York State - this post is for you as well. You get a copy of the new law via the link at the end of this post.

IMPORTANT NOTE: If you own or operate a qualifying facility in New York CITY you are require to comply with BOTH the New York CITY and New York STATE Legionella Laws.

Major Differences Between the 2015 NY State Emergency Cooling Tower Legislation and New 2016 NYCRR Title 10 Part 4

While much of the initial New York State emergency cooling tower legislation has remained intact, there are a few new items in the new state law that are noteworthy. Besides Section 4.2, which is an entire section devoted to potable water in healthcare facilities, there are three areas that are perhaps the most concerning to building owners.

A copy of NYCRR Title 10 Part 4 Protection Against Legionella can be downloaded in its entirety at the end of this blog post.

Here are some of our thoughts regarding the new policies:

? 4-1.5 Legionella culture analysis.



All Legionella culture analyses must be performed by a laboratory that is approved to perform such analysis by the New York State Environmental Laboratory Approval Program (ELAP).

Comment: This means that sending a legionella sample to CDC Elite Certified Lab is no longer sufficient. As of July 6th, 2016, your legionella testing samples must be analyzed by an ELAP Certified lab.

If you would like to have your lab certified to handle New York State legionella tests that meet the NYCRR Title 10 Part 4 requirements, you should visit the NY State Department of Health, Wadsworth Center website (www.wadsworth.org).

Questions on certification for Legionella culture analysis can be sent to elap@health.ny.gov

? 4-1.6 Notification.

(a) The owner of a cooling tower shall notify the local health department within 24 hours of receipt of a Legionella culture sample result that exceeds 1,000 Colony forming units (CFU) per milliliter. The local health department shall notify the state department of health with 24 hours of receipt of such a report.

(b) The owner shall notify the public of such test results in a manner determined by the local health department or, in the event that the department elects to determine the manner of public notification, by the department.

Comment: Notifying the local health department was not part of the original emergency legislation at the state level. It was and is part of the Rules of the City of New York. Subsection (a) of this section may not seem out of line when it comes to public safety, but Subsection (b) might make some building owners cringe if their legionella culture analysis comes back high.

Subsection (b) requires a building owner to notify the public of any test result that exceeds 1,000 colony forming units. If this happens, the local health department may determine the manner in which a building owner must disseminate this information; but that could include a letter to every tenant, chelating agents list a public notice in the local paper, or a large poster hung publicly at the building location.

There is little doubt that a high culture test result will probably cause big headaches, as well as increased liability, for building management.

? 4-1.10 Enforcement.

(a) The department or local health department may require any owner to conduct Legionella culture sampling and analysis, following a determination, based upon epidemiologic data or laboratory testing, that one or more cases of legionellosis are or may be associated with a cooling tower.

(b) An officer or employee of the department or local health department may enter onto any property to inspect a cooling tower for compliance with the requirements of this Subpart, in accordance with applicable law, and may take water samples as part of such inspections.

(c) Where an owner does not register, obtain certification, disinfect, perform or obtain culture sampling and analysis, or inspect a cooling tower within the time and manner set forth in this Subpart, the department or local health department may determine that such condition constitutes a nuisance and may take such action as authorized by law. The department or local health department may also take any other action authorized by law.

(d) A violation of any provision of this Subpart is subject to all civil and criminal penalties as provided for by law. Each day that an owner remains in violation of any provision of this Subpart shall constitute a separate and distinct violation of such provision.

Comment: This section has remained relatively unchanged; however, it does give the additional provision in subsection (a) that the local or state health department can require any owner to conduct a Legionella culture test if they determine that there is case of legionellosis associated with one of the owner?s cooling towers.

Furthermore, it is important to note that in subsection (d) the law clarifies that for each day that an owner remains in violation of any provision of the Subparts this legionella law, it shall constitute a separate and distinct violation of such provision; meaning violations and penalties can easily stack up quickly.

Other Important Things to Note about NYCRR Title 10 Part 4

The new law requires owners to obtain a (or update their existing) cooling tower maintenance program and plan for all operational cooling towers (also known as a Water Management Plan) by September 1, 2016, and prior to the startup of newly installed cooling towers. This won?t be an issue for most New York City building owners. They needed to have their plans in place by March 1st, 2016.

There is a new provision that requires cleaning and disinfection of a cooling tower that has been shut down without treatment for more than five days. Also, the term disinfection has been further defined as to mean the control of microorganisms or microbial growth. The term ?disinfection?? is also clarified to exclude the cleaning of a cooling tower through application of detergents, penetrants, brushes or other tools, high-powered water. So according to the new law, merely ?cleaning?? a cooling tower does not disinfect it. Disinfection MUST involve the use of a pesticide, and therefore, must be supervised by a person that holds a NY State 7G Commercial Pesticide Applicators License.

As I mentioned earlier, Section 4.2 of the law is entirely devoted to healthcare facilities and their requirements for legionella testing their potable water systems. This section also requires healthcare facilities to undergo an Environmental Assessment (as per ? 4-2.3) by filling out an Environmental Assessment Form (EAF). Ultimately, every healthcare facility in New York must adopt and implement a Legionella culture sampling and management plan for their potable water systems by December 1st, 2016.

What do I need to do about legionella today?

According to NYCRR Title 10 Part 4, if you are a building owner in the state of New York, you must take preventative measures to combat legionella in your cooling towers. Furthermore, if you operate a healthcare facility in the state of New York, you must also take preventative measures to address potential legionella in your potable water systems. If your property is located in New York City, the New York State cooling tower law still applies to you; however, you may already be in compliance with many of the requirements if you are adhering to the New York City Legionella Prevention Law - Chapter 8 to Title 24 of the Rules of the City of New York.

The first step is having a comprehensive water management plan for legionella. This is a requirement of the New York State Legionella Law and must be accomplished by September 1, 2016. In NYC, this was a requirement of the city?s cooling tower law that was effective by March 1st, 2016. You do not need two separate water management plans for the city and the state. One plan should satisfy the requirements of both laws.

IMPORTANT: It is now part of New Yok State and New York City law; you MUST register your cooling tower(s) on the City and State Cooling Tower Registration websites.

If you need assistance with a water management plan (cooling tower maintenance program and plan), or any other water treatment services, please contact us at Clarity Water Technologies. We help facilities all over New York stay compliant.

Thanks for reading!

PS - Download your copy of the new NY State Legionella Law here:

ABOUT CLARITY WATER TECHNOLOGIES

Clarity Water Technologies is known throughout the east coast as an innovative industrial/commercial water treatment company and the innovators of 360 Degree Legionella Management Service. To put it simply: As New York City's Top Environmental Consultants, we make commercial HVAC and industrial process machinery last longer and run more efficiently, with less fuel and less downtime, by chemically treating the water that runs through it. Typical systems that we treat include steam boilers, chillers and cooling towers; however, we also offer advanced wastewater, glycol services, odor control and fuel treatment services. We are one of Northeast?s most trusted Legionella remediation companies and are widely accepted as one of the best consulting firms to establish best practices for the implementation of ASHRAE Standard 188 - Legionellosis: Risk Management for Building Water Systems.

As environmental consultants specializing in water treatment, we know that chemistry is only one part of what makes a cooling tower system operate at peak performance. The other part of the equation is proper physical cleaning, disinfection and maintenance. Today, Clarity offers one of the most reliable and effective cooling tower disinfection services available throughout NY, NJ, CT, DE, MD and PA. Clarity is a NADCA Certified HVAC Cleaning Service Company. Our team also offers on-line cleanings, chlorine dioxide disinfection, Legionella remediation and installation of the EcoSAFE Solid Feed System?one of the most advanced water treatment systems for Cooling Towers in the world! Please contact us today for a free estimate on your next project.

New York Water Treatment Professional and Environmental Consultant, Greg Frazier has a vast knowledge of Industrial Water Treatment and is currently the Managing Partner of Clarity Water Technologies, one of the top Water Treatment Companies in the United States. Mr. Frazier has over 19 years of Industrial Water Treatment experience and holds a degree in Chemical Engineering from the University of Tennessee. Clarity Water Technologies specializes in comprehensive water treatment services. Clarity's service goes far beyond administering Cooling Tower Water Treatment chemicals - it also includes Cooling Tower Maintenance and HVAC Cleaning Services.

Is Your Springtime Facilities Management Checklist Ready?

In 2010, Clarity Water Technologies introduced EcoSafe Solid Feed System for Cooling Towers powered by Smart Release Technology and since then much of the industrial water treatment industry has been struggling to keep up.

In most of the water treatment industry, the best practice for chemically treating a cooling tower over the past 15 years has been a three-pronged approach, consisting of an oxidizing biocide, a non-oxidizing biocide and a corrosion inhibitor, usually all in liquid form. Today, little has changed; mostly because this three-pronged approach has proven to be the most effective way to keep a cooling tower running at peak efficiency with little risk of fouling or break down. That is, until now.

There is a definitely new sheriff in town when it comes to cooling tower water treatment. (Actually, it is more like an old sheriff dressed up in an Ironman suit.) Even though traditional liquid chemistry still has a place at the table, the truth is that, in many applications, Smart Release technology makes a lot more sense in so many ways. When it comes to water treatment for your facility?s cooling tower system, you owe it to yourself to check out the latest breakthrough in solid chemistry options, like EcoSafe Solid Feed System powered by Smart Release Technology.

What is Smart Release Technology?

It used to be that your water treatment company had the option to use liquid chemicals, which came delivered in heavy plastic drums, or dry powered chemicals which were delivered in kegs or plastic-lined boxes, which then needed to be mixed with water onsite so they could be pumped into the system. The benefit of liquid technology is that it is pre-mixed with water and therefore, the percentages of active ingredients are more exact. The benefit of dry or solid chemicals is that they can be shipped without water and therefore, shipping and manufacturing costs are generally less expensive.

However, both options have their own major drawbacks. Liquids present handling problems including the potential exposure to harmful chemicals, ergonomic issues with having to move heavy drums around, feed problems because of malfunctioning metering pumps, storage issues with having to provide proper spill containment and disposal issues having to remove large shipping drums from your facility. Traditional liquid chemistries require stabilizers to keep raw materials in solution and therefore add to the discharge of harmful chemicals into waterways. Dry chemicals have many of the same issues plus they are not as exact as liquids and they need to be mixed on site in order to be administered. What are the chances that they will be mixed in exactly the correct dilutions every time? (Not very good.) Smart Release Technology changes all that.

Smart Release is diffusion-based coating and membrane technology. Smart Release Technology provides a quick, elegant, and reliable alternative to traditional liquid water treatment and old school solid technology. Smart Release Technology combines proven water treatment chemistries like EcoSafe into a tablet, and coats the tablet with a patented polymer coating which, when submerged in moving water, osmotically controls the release over a 30-day period. It is very similar to the way that time-released pain medicine works in your body.



Diffusion only occurs while the cooling tower is running and while the Smart Feeder has flow; when the flow stops, osmotic pressure will gradually equalize and stop diffusion of chemistry. Once flow is restored, osmotic pressure continues to diffuse the chemistry.

For biocides, a specially designed canister with a patent pending Smart Release osmotic membrane is used to control the release of the product. Every biocide has a different natural solubility which can be matched to a membrane porosity and indoor playground equipment - https://www.familypark.org, surface area to provide the desired controlled release for 30 days. Both the inhibitor tablets and the biocide canisters require a special Smart Feeder system to be administered into the cooling system. The best part about delivering chemical to system with Smart Release Technology is that the feeders only need water flow to run, not electricity. The chemical is introduced into the water by osmosis. That means a further reduction in carbon footprint and no malfunctioning chemical pumps to deal with!

Check out the EcoSafe Smart Release Video:

Want to Learn More About Smart Release Technology?

If you are a water treatment professional, or someone with water treatment experience, the possibilities that Smart Release presents probably sounds pretty good to you. In part two of this post we will cover some more of the direct benefits of using a Smart Release water treatment program like the EcoSafe Solid Feed System for Cooling Towers. If you would like more information about EcoSafe and Smart Release, or would like to know if EcoSafe is the right fit for your facility, please download our FREE Report: ?Why Solid Feed Water Treatment is the Future.??

Thanks for reading and please stay tuned for PART 2 of this post!

Download This FREE Report!

Related Articles:

Is Smart Release Technology Right for Your Cooling Towers? PART 2

Is Smart Release Technology Right within Your Cooling Towers? Part 2

Reductions in water use first observed in 2010 continue, show ongoing effort towards ?efficient use of critical water resources.??

Water use across the country reached its lowest recorded level in 45 years. According to a new USGS report, 322 billion gallons of water per day (Bgal/d) were withdrawn for use in the United States during 2015.

This represents a 9 percent reduction of water use from 2010 when about 354 Bgal/d were withdrawn and the lowest level since before 1970 (370 Bgal/d).

?The downward trend in water use shows a continued effort towards efficient use of critical water resources, which is encouraging,?? said Tim Petty, assistant secretary for Water and Science at the Department of the Interior. ?Water is the one resource we cannot live without, and when it is used wisely, it helps to ensure there will be enough to sustain human needs, as well as ecological and environmental needs.??

Total water withdrawals by State, 2015 [1 Bgal/d = 1,000 million gallons per day].



In 2015, more than 50 percent of the total withdrawals in the United States were accounted for by 12 states (in order of withdrawal amounts): California, Texas, Idaho, Florida, Arkansas, New York, Illinois, Colorado, North Carolina, Michigan, Montana, and Nebraska.

Total water withdrawals by category and by State from west to east, 2015 [1 Bgal/d = 1,000 million gallons per day].

California accounted for almost 9 percent of the total withdrawals for all categories and 9 percent of total freshwater withdrawals. Texas accounted for about 7 percent of total withdrawals for all categories, predominantly for thermoelectric power generation, irrigation, and public supply.

Florida had the largest share of saline withdrawals, accounting for 23 percent of the total in the country, mostly saline surface-water withdrawals for thermoelectric power generation. Texas and California accounted for 59 percent of the total saline groundwater withdrawals in the United States, mostly for mining.

?The USGS is committed to providing comprehensive reports of water use in the country to ensure that resource managers and decision makers have the information they need to manage it well,?? said USGS director Jim Reilly. ?These data are vital for understanding water budgets in the different climatic settings across the country.??

For the first time since 1995, the USGS estimated consumptive use for two categories ? thermoelectric power generation and irrigation. Consumptive use is the fraction of total water withdrawals that is unavailable for immediate use because it is evaporated, transpired by plants, or incorporated into a product.

?Consumptive use is a key component of the water budget. It?s important to not only know how much water is being withdrawn from a source, but how much water is no longer available for other immediate uses,?? said USGS hydrologist Cheryl Dieter.

The USGS estimated a consumptive use of 4.31 Bgal/d, or 3 percent of total water use for thermoelectric power generation in 2015. In comparison, consumptive use was 73.2 Bgal/d, or 62 percent of total water use for irrigation in 2015.

Water withdrawn for thermoelectric power generation was the largest use nationally at 133 Bgal/d, with the other leading uses being irrigation and public supply, respectively. Withdrawals declined for thermoelectric power generation and public supply, but increased for irrigation. Collectively, these three uses represented 90 percent of total withdrawals.

Thermoelectric power decreased 18 percent from 2010, the largest percent decline of all categories.

Irrigation withdrawals (all freshwater) increased 2 percent.

Public-supply withdrawals decreased 7 percent.

Trends in total water withdrawals by water-use category, 1950-2015.

A number of factors can be attributed to the 18 percent decline in thermoelectric-power withdrawals, including a shift to power plants that use more efficient cooling-system technologies, declines in withdrawals to protect aquatic life, and power plant closures.

As it did in the period between 2005 and 2010, withdrawals for public supply declined between 2010 and indoor jungle gym (www.familypark.org) 2015, despite a 4 percent increase in the nation?s total population. The number of people served by public-supply systems continued to increase and the public-supply domestic per capita use declined to 82 gallons per day in 2015 from 88 gallons per day in 2010. Total domestic per capita use (public supply and self-supplied combined) decreased from 87 gallons per day in 2010 to 82 gallons per day in 2015.

The USGS is the world?s largest provider of water data and the premier water research agency in the federal government.

Cane Toad Testes Smaller At The Invasion Front Male Cane Toad. Credit: David Nelson

Welcome to the Clarity Water Technologies, LLC official blog.

Thank you for visiting.



In this, our inaugural blog post, we wanted to start the New Year inviting an open dialogue that begins to answer the question "Who is Clarity Water Technologies?" It is our intention to use our blog as a meeting place where contributors may freely exchange information, insights and innovations regarding the water treatment industry. As our blog grows, it will become a useful resource not only for people in the water treatment industry, but also for the consumers that use the services of water treatment professionals.

Clarity Water Technologies, LLC was formed in 2002 by a group of expert water treatment professionals that had previously worked for some of the biggest water treatment companies in the world. Their rationale for starting Clarity was born from a noticeable void in the water treatment industry ? no customized water treatment programs designed and administered by trained experts at an exceptional value. For, although the big companies that they had worked for provide excellent training and continuing education in the water treatment field, they were notorious for turnover of personnel, primarily on the front lines of their organization ? the sales team. They were also slow to react to customer needs because of the natural bureaucracy and red tape created within any large organization.

The net result was that it became increasingly difficult to do the right thing for their clients. Creating Clarity Water Technologies changed all that, and started a decade-long process of redefining what the water treatment business should be and educating the CEOs and facility managers throughout the east coast. They were interested in learning how big water treatment companies were possibly taking advantage of the fact the water treatment is a generally confusing science to the lay person and therefore it is easy to spend too much or invest in technologies that are not exactly necessary.

Today, Clarity Water Technologies, LLC is a full service water treatment chemical and service provider that focuses on giving the very best value to the middle market. Clarity water treatment professionals are considered to be some of the best of the best in the industry with many years of hands-on experience. We treat cooling towers, boilers, closed loops and waste water systems as well as offer many other niche chemical-related services including CIP (clean in place) chemistry, tower and coil cleanings, drain tracing services, LEED certification credits and water treatment related consulting. Clarity provides chemicals throughout the United States that are produced in ISO 9000 facilities to exacting standards. Clarity is the only source for the EcoSafe Solid Feed System for Cooling Towers powered by Smart Release Technology, which is an advanced dry chemical delivery system that is safe to handle and is extremely accurate at delivering specific doses of cooling water chemicals to a cooling tower while still being environmentally friendly enough to also qualify for LEED credits.

Besides offering high quality products, over the years, indoor playground equipment (https://www.familypark.org/popular-vr-horse-racing-simulator-machine-make-the-strongest-battle-knight) the partners of Clarity have succeeded in assembling one of the most highly trained and experienced water treatment teams on the east coast. When it comes to water treatment, there is little that we have not seen. Please subscribe to this blog to learn more about water treatment; we plan on covering tons of water treatment related hot topics. If you have a specific water treatment related question, and need immediate help, or are interested in joining our team, please use this website to reach out to us or contact us any time at (888) 616-3545.