NYC Legionnaires Outbreak is only the tip of the iceberg

NYC Legionnaires Outbreak is only the tip of the iceberg
by Owen Stevens VP Sales & Marketing – Fiber Technology Corporation

In a city where the population is more than the population of 37 of our States, lax and/or nonexistent rules, standards and practices are endangering and/or negatively impacting your lives on a daily basis. In fact for most of you, your quality of life is severely impacted and you do not even realize why and where it is coming from. You live in these modern high rises, pay more rent or mortgage per sq. feet than most people in the USA and yes, believe it or not, none of you living or working in buildings with more than 6 floors with storage tanks are protected by the National Safe Drinking Water Act. A law specifically enacted to protect citizens safety and quality of life pertaining to drinking water, and for most citizens of NYC,  you are specifically exempted, why is that? 

According to the EPA rules you are not paying for your water and are therefore not protected. Yes, NYC Health has rules under Article 141 of their health code, which they hastily amended after the now famous article Inside City’s Water Tanks, Layers of Neglect  but this still falls far short of protecting you whilst ignoring the New York State Sanitary Code. A ludicrous answer sent to me by NYC General Council after asking specific questions to Mr. Daniel Kass and Mr. Thomas Merrill of NYC Health mentions “The rules were not designed to be overly restrictive”. The EPA told me after asking very specific questions “In New York State, the implementation of local drinking water regulations is established by the particular jurisdiction in which the system(s) reside.  Since the PWS resides in NYC and the local laws are NYC laws, the inspection and maintenance of these tanks are within the NYC authority.  As local authority will implement these laws, please note that in the case of an imminent and substantial threat to drinking water, EPA can take action to address”. I replied and reported these imminent and substantial threats to them in February 2014, received read receipts and no reply or action. The Safe Drinking Water Act is Federal Law, the EPA is the custodian and they collectively with NY State and NYC Local Department are responsible; you cannot delegate in an effort to downgrade or render an Act useless. 

The citizens of NYC have a right to know the truth and enjoy the same protection under the law like anybody else in this country. 

You are safer in an elevator in your building (NYC actually has very strict rules for elevators) than you are bathing, showering, cooking or consuming water from the faucets in your own home! 

The big problem is most of the water storage tanks on top and within your buildings of which there are approximately 40,000 – 60,000, placed there to improve City water pressure and used for drinking, fire and storm water detention tanks are non-compliant to any Recognized ANSI Accredited Standard.

Each one of these tanks should be regulated, permitted and comply with a Recognized ANSI Accredited Standard of which most if not all refer to an AWWA standard as far as structural and seismic design purposes. As well as NSF 61 listing for toxicology (hygiene) safety with regard to Drinking Water.

Now since the recent Legionnaires Outbreak the City again hastily reacted by placing only a small sections of ANSI/ASHRAE Standard 188-2015 into law and again ignoring the whole Building Water System contained within the standard. This standard as with all other ANSI Accredited Standards states clearly “The purpose of ASHRAE Standard 188 is to establish minimum legionellosis risk management requirements for building water systems.” Why then do the Leaders in NYC deem only a small section of this Standard as important enough to be enacted into law? After experts clearly state “But experts said cooling towers account for a relatively small proportion of Legionnaires’ outbreaks. More often, they said, the disease spreads through the systems that supply water for drinking, cooking and bathing.”

 It seems there is a determined effort to specifically exclude the water storage tanks which forms part of the building water systems from any Recognized ANSI Accredited Standard. A document states “Article 141 have been modernized to reflect current industry practice and standard requirements as set forth in the New York State Sanitary Code…” 

The New York State Sanitary Code states, “Recommended Standards for Water Works will be the basis upon which all plans, specifications and reports for community water systems will be reviewed for approval by the department” and Recommended Standards for Water Works states, “Chemicals and water contact materials (tanks contact water) shall be approved by the reviewing authority or meet the appropriate ANSI/AWWA and/or ANSI/NSF standards” and “ The material used in construction of reservoirs (tanks) shall be acceptable to the reviewing authority. Porous material, including wood and concrete block, are not suitable for potable water contact applications.”

 NYC Often use terms as pasted below:
Responsibilities of the Licensed Professional and Property Owner
These design guidelines have been developed for use as a tool to assist property owners and licensed professionals to comply with current city codes and rules. The City of New York and its Departments of Environmental Protection and Buildings assume no liability for the design or construction of any storm water management system which may be installed based on these guidelines. Responsibility for site-specific elements of a system design, including structural considerations, hydrology and hydraulics, materials selection and utility coordination, lies solely with the licensed professional of record.

Licensed professionals include engineers, architects, and landscape architects who have a state-approved seal to affix to drawings and specifications submitted to public officials. The licensed professional is also solely responsible for ensuring that all guidelines herein are applied in a manner consistent with all other applicable federal, state, and city codes and regulations. 

Therefore they are quick to pass on the responsibility, but by ignoring and not providing clear rules & regulations exposing the whole building tank industry in NYC to abuse which is rampant. 

The bottom line is that you as resident, visitor or tourist in New York City should be protected under the Safe Drinking Water Act with a minimum CWS (community water system) classification for these building water systems, which you are currently not. 

Hold Mayor de Blasio to his word, read the full report and sign this petition "We must minimize the odds of any future outbreaks," de Blasio said before signing the legislation. "When it comes to New Yorkers’ health, we won’t take any chances." 

An introduction of this report will also be published on https://www.change.org/petitions and if you agree or are concerned about you are reading here go there and sign the petition.  

 https://www.nytimes.com/2015/08/03/nyregion/officials-seek-source-of-legionnaires-outbreak-in-the-bronx.html - “But experts said cooling towers account for a relatively small proportion of Legionnaires’ outbreaks. More often, they said, the disease spreads through the systems that supply water for drinking, cooking and bathing.”

https://www.ny1.com/nyc/all-boroughs/news/2015/08/13/south-bronx-legionnaires-latest.html  - "If the health commissioner in New York City has given you a direct order to disinfect and clean your tank and you haven't done it, then you are up for potential criminal prosecution," said City Councilman Corey Johnson of Manhattan. "I think that's appropriate. There are lives on the line here." 

https://www.ny1.com/nyc/all-boroughs/news/2015/08/13/south-bronx-legionnaires-latest.html - “The fact that there was no pre-existing list of cooling towers complicated the city's response to the Legionnaires' outbreak”. The same goes for the tens of thousands of tanks dotted all over and inside these buildings.

“Under the legislation, the towers will have to be inspected and cleaned every three months. If building owners don't comply, they face some stiff penalties: $2,000 for the first violation, $5,000 for a second violation and $10,000 if the violation leads to a serious injury. Owners could even face criminal charges, including a $25,000 fine and a year in jail.”

https://council.nyc.gov/html/pr/081315ld.shtml - “require that all cooling towers be registered with the Department of Buildings (DOB). Existing cooling towers must be registered within 30 days of the law’s enactment and new cooling towers must be registered prior to becoming operational.” And what about the tens of thousands of tanks dotted all over any inside these buildings?

A summary of the different tank types as they form part of this water system:

Wood Tanks:

https://www.nyc.gov/html/dep/html/drinking_water/wotg.shtml - “New York City is fortunate to be able to enjoy some of the best drinking water in the nation.” This is very true for water delivered from NYC Water until it reaches your building. They have very specific backflow rules & regulations (meaning water cannot run backwards back to NYC Water System) because I am sure they know what happens to the water once it reaches your building…

https://www.amny.com/real-estate/city-living/water-towers-nyc-s-misunderstood-icons-1.6982696  - “Though the technology has become more efficient, the concept of gravity delivering water from a wood tank hasn’t changed in decades.”  “Eventually the wood will rot though, which has kept the Rosenwachs working on the same buildings for generations.” Meaning wood tanks rot, I am sure you living, working, eating, sleeping and studying in these buildings (apartments, offices, hotels, hospitals, schools, universities, well just about everyone including luxurious high rise towers and the UN) housing these wooden tanks would not appreciate the water when you know the water comes from a rotting tank. 

https://cooperator.com/article/rooftop-water-tanks - “New Yorkers love to brag about having the best-tasting drinking water in the country, although residents of high-rise buildings may not realize that their water makes an extra stop on its way from the reservoir. When high-rise residents turn on their taps to have a drink of water, take a shower or wash the dishes, the water comes from a tank located on the roof of the building.” As well as many other tanks located within these buildings.

“It is not unusual for a tank to accumulate anywhere from a quarter inch to an inch of muddy sediment, a residue that can pose certain health risks, especially to the elderly and to those suffering from deficiencies in their immune systems.”
“I live on the 1rst.floor of a 14th floor build. On occasions when i run the faucet on the tub full force I see a tiny feather in the water. Should I say anything to my boss?”

“I have a rooftop apartment and the water tank is leaking heavily. Is the building supposed to repair this immediately? I have asked for over 6 months, and have yet to see it repaired.”

https://www.businessinsider.com/rosenwach-wood-water-tanks-in-new-york-2012-6 -  “Rosenwach Tank Has Stayed in Business for 150 Years Doing Something That's Almost Obsolete”
““[Our] future is dominated by the tank business,” he said. But that has to change as quickly as the city’s skyline.”

https://ir.library.oregonstate.edu/xmlui/bitstream/handle/1957/1281/FPL_R1285_batch_ocr.pdf  -  A study on WOOD TANKS by Senior Engineer R.P.A Johnson of the US Dept. of Agriculture Forest Services in Cooperation with the University of Wisconsin dated April 1942 found: "The substitution by industry of tanks made of other materials than wood is more often a result of a change is process; a desire for better sanitation, economy of space, or safety of employees;"

https://www.nytimes.com/2014/01/27/nyregion/inside-citys-water-tanks-layers-of-neglect.html - “Another potential concern is the use of an epoxy called Sea Goin’ Poxy Putty, which is not approved for use in drinking water, a violation of the city’s health code. The epoxy, a bisphenol A-based polymer formulated in the 1950s to repair ship hulls underwater, is used to caulk leaks in the wood tanks.”

““If the health department tells us to stop using it, we’ll stop using it,” Mr. Rosenwach said. “And we’ll be replacing tanks left and right, which is O.K. with us.” Replacing these wood tanks with new wood tanks would not solve the problem; even their new tanks are littered with “Sea Goin’ Poxy Putty” patches (whitish yellow spots) as can be seen from this image on Rosenwach Tank`s website https://www.rosenwachgroup.com/rosenwachtank/images/photo-tank-wood.jpg

There is also no nationally accredited standard for wood water tanks for drinking water and neither are they NSF 61 listed nor have there ever had any credible nationally accredited structural test reports done or reviewed for toxicology .

https://www.nydailynews.com/news/money/142-year-old-rosenwach-tank-icons-new-york-skyline-article-1.329344 - "It’s like the Hatfields and the McCoys - and we’re the real McCoy," claimed Rosenwach - Whilst this gentleman operates with impunity due to a total lack of robust measurable rules and regulations and the laissez faire manner in which NYC Health treats their obligation to protect the public, with statements such as "“The rules were not designed to be overly restrictive” and "Sea Goin’ Poxy Putty, which is not approved for use in drinking water, a violation of the city’s health code - The department also said that it did not necessarily matter that the epoxy was not certified for drinking water"  “Most epoxy curing agents become inert once cured, and would not be expected to impact water quality,” it said.” This Health Department official making such statements in a newspaper cannot take his/her responsibility of protecting the public very seriously! You could ask the question, who are they actually protecting?

“The department said that it would investigate if someone reported the epoxy’s use in a specific water tank. Whether it would require the epoxy to be removed “would be determined on a case-by-case basis,” it said in a statement.” They have never even inspected a tiny fraction of all the tanks out there, how will they make any case-by case determination?

Now what does Epoxy manufacturers say?
https://www.westsystem.com/ss/wood-epoxy-composite-tank-guidelines/ - 
“Epoxy - Considerations for potable water tanks - We have adopted the broad policy of not recommending epoxy for drinking water tanks because of regulatory and safety issues. The potential problems outweigh the benefits.”

Sea Goin’ Poxy Putty is a 2 part Epoxy 
1. 1324 SEA GOIN EPOXY PART A  https://terra.msdsworld.com/msds/All%20MSDSs/33886.pdf -  CHRONIC HEALTH HAZARD - THIS PRODUCT CONTAINS NO LISTED CARCINOGENS ACCORDING TO IARC, ACGIH, NTP AND/OR OSHAIN CONCENTRATIONS OF 0.1% OR GREATER PROLONGED CONTACT MAY RESULT IN CHEMICAL BURNS AND PERMANENT DAMAGE. MAY CAUSE ALLERGIC SKIN REACTION. SUBCHRONIC COSURE OF THIS MATERIAL. OR COMPONENT IN TEST ANIMALS HAS CAUSED ABNORMALITIES IN THE FOLLOWING ORGAN(S): CENTRAL NERVOUS SYSTEM. SORE THROAT.

HAZARDOUS DECOMPOSITION PRODUCTS:
CARBON MONOXIDE, CARBON DIOXIDE, ALDEHYDES1324 SEA GOIN EPOXY PART B
https://terra.msdsworld.com/msds/All%20MSDSs/33886.pdf - CHRONIC HEALTH HAZARD - RESULTS FROM A BATTERY OF SHORT TERM GENOTOXICITY TESTS ON THIS MATERIAL OR ITS COMPONENTS INDICATE MUTAGENIC ACTIVITY

In genetics, a mutagen is a physical or chemical agent that changes the genetic material, usually DNA, of an organism and thus increases the frequency of mutations above the natural background level. As many mutations can cause cancer, mutagens are therefore also likely to be carcinogens.

HAZARDOUS DECOMPOSITION PRODUCTS:
NITRIC ACID, AMMONIA, NITROGEN OXIDES (Nox), NITROGEN OXIDE CAN REACT WITH WATER VAPORS TO FORM
CORROSIVE Nitric ACID, CARBON MONOXIDE, CARBON DIOXIDE, NITROSAMINE.

https://en.wikipedia.org/wiki/Bisphenol_A_diglycidyl_ether - Bisphenol A has attracted much attention as a potential endocrine disruptor

Endocrine disruptors are chemicals that, at certain doses, can interfere with the endocrine (or hormone) system in mammals. These disruptions can cause cancerous tumors, birth defects, and other developmental disorders.[1] Any system in the body controlled by hormones can be derailed by hormone disruptors. Specifically, endocrine disruptors may be associated with the development of learning disabilities, severe attention deficit disorder, cognitive and brain development problems; deformations of the body (including limbs); breast cancer, prostate cancer, thyroid and other cancers; sexual development problems such as feminizing of males or masculinizing effects on females, etc. The critical period of development for most organisms is between the transition from a fertilized egg into a fully formed infant. As the cells begin to grow and differentiate, there are critical balances of hormones and protein changes that must occur. Therefore, a dose of disrupting chemicals may do substantial damage to a developing fetus. The same dose may not significantly affect adult mothers.

How Safe is Untreated Heartwood used in Tank Construction?

https://onlinelibrary.wiley.com/doi/10.1002/ajim.4700080309/abstract  - “The major components of untreated wood—cellulose, hemicellulose, and lignin—have not been implicated as toxicants, but extractive substances, especially in heartwood, can be toxic. Decay-resistant woods are more likely to contain irritants or sensitizers than non durable woods. Short-term exposures to certain wood dusts may result in asthma, conjunctivitis, rhinitis, or allergic dermatitis, but long-term effects may include nasal cancer and Hodgkin's disease”

https://www.nyc.gov/html/doh/downloads/pdf/inspect/foodserviceinfo.pdf - 
“The New York City Department of Health and Mental Hygiene (Health Department) inspects approximately 26,000 food service establishments (sometimes called “restaurants” here) each year to monitor their compliance with city and state food safety regulations.”

Critical Violation 5C+ = Food contact surface improperly constructed or located; or unacceptable material used. Cutting board made from untreated wood;”
Who is going to argue that drinking water is not a food and should not be treated with the same sanitary respect they place on "food".

And this document was signed by no other than: Daniel Kass, M.S.P.H. - Deputy Commissioner, Division of Environmental Health, which is the same person that stated “Roof tanks are designed to deliver clean water” I asked him directly to clarify this statement 18 months ago and are still waiting for an answer, isn`t it time we demand proof and facts? 

https://www.wood-database.com/wood-articles/wood-allergies-and-toxicity/  by Eric Meier
“Not to omit any one of them, the yew is similar to these other trees in general appearance . . . It is an ascertained fact that travellers’ vessels, made in Gaul of this wood, for the purpose of holding wine, have caused the death of those who used them.” –Pliny the Elder, from Naturalis Historia, ca. 77 AD.

Looking at the above quotation, (taken from a writing nearly two thousand years old), ought to bring—at the very least—a small bit of respect and attention to the matter of safety as it pertains to wood toxicity. If this subject has been known and reported as “ascertained fact” since ancient history, how much more ought we to take heed in modern times, considering that we have so many more well-developed means of communication and testing?

A common question: is this wood safe to use as a plate/bowl/cutting board/etc.? Despite the very long list of woods below, very few woods are actually toxic in and of themselves. But what a great number of woods do have the potential to do is cause allergic reactions in sensitive individuals. This risk for finished wood projects is greatly lessened (but not eliminated) with the application of a food-safe finish. In the end, using almost any wood is a calculated risk, and the question boils down to this: how much of a potential risk am I comfortable with? 1 in 10? 1 in 1,000? 1 in 1,000,000?”

It is a well-known fact globally that Wood Tanks are not sanitary and nowhere in the world including the USA would you find any Accredited Standard for Wood Tanks and Drinking Water. The only reason why they dogmatically cling to Wood Tanks are a profit incentive, as these tanks are cheaper, with no regard to quality control or public safety. There are numerous Nationally Accredited Tank brands that could replace Wood Tanks that will provide equal or better insulation values, whilst maintaining water quality and are proven to be non-toxic due to their NSF 61 listing status.  

Stainless Steel:
Stainless Steel Tanks are a good sanitary option for Drinking Water Storage Tanks provided they comply with a structural water tank standard (AWWA) and are NSF 61 Listed. For longevity and structural safety these tanks should be of Stainless Steel Grade SS 316 as lower grades are susceptible to pitting and crevice corrosion within the tank due to residual Chlorine in water. This creates an unseen danger and can lead to sudden structural failure and collapse.

Cold forming pressed or stamped Stainless Steel Tank Panels should be avoided as the manufacturing method creates microscopic stress cracks which are not visible by the eye, but these stress cracks can harbor bacteria and accelerate bacterial growth as well as pitting and crevice corrosion.

https://www.aksteel.com/pdf/markets_products/stainless/austenitic/316_316l_data_sheet.pdf  - “Type 316 is an austenitic chromium nickel stainless steel containing molybdenum. This addition increases general corrosion resistance, improves resistance to pitting from chloride ion solutions.”

https://www.azom.com/article.aspx?ArticleID=2382 - “The molybdenum gives 316 better overall corrosion resistant properties than Grade 304, particularly higher resistance to pitting and crevice corrosion in chloride environments.”

https://www.nsf.org/q-and-a-all/qa-detail/nsf-ansi-standard-61 -  “Are all stainless steel products compliant with NSF/ANSI 61?

No. Only products that are certified to NSF/ANSI 61 can be assumed to meet the requirements of the standard. Certification to NSF/ANSI 61 includes product testing and production location auditing to ensure ongoing compliance with the health based requirements of NSF/ANSI 61.

Do certified products retain their NSF/ANSI 61 certification if they are processed or fabricated and resold?

Many companies purchase NSF/ANSI 61 certified products which are then reprocessed in some manner and resold. These processed or fabricated products do not retain their NSF/ANSI 61 certification unless the facility has an official NSF/ANSI 61 listing for the processed or fabricated product.” 

Steel Tanks:
There are many quality manufacturers of steel tanks, these ones all comply with an AWWA Standard and are NSF 61 listed or use an approved NSF 61 listed liner/coating by approved applicators. The main disadvantage of Steel Tanks is that they are susceptible to corrosion, and the lining/coating need frequent expensive maintenance in order to keep water within sanitary standards.

The problem with steel tanks in NYC is that most of these tanks are not supplied by a tank manufacturer that is compliant with an AWWA Standard and NSF 61 listed. They either take steel plates and weld them in place at the building or crane the tanks in. Most of these tanks are squeezed into corners within the building making some surfaces inaccessible for future maintenance or inspection. Therefore most lack proper maintenance, the lack proper coatings and are for the most part rust buckets. This is because no NYC DOB or NY Health regulation or rule exists to regulate.

Some of these steel tanks can weigh as much 440,000+lbs filled with water, would you not want them to be compliant to an accredited Standard for steel tank design to ensure your safety?

Most people do not realize, but for the 10,000 or 15,000 or whatever number Rooftop Tanks in NYC, nobody knows because they are not regulated or managed properly, there are at least another 3 or 4 tanks within these buildings,  taking the mystery 10,000 or 15,000 number to at least 40,000 or 60,000,  who knows?

Admittedly not all these tanks are Drinking Water Tanks, some are Fire Water Reserve and/or Storm water Retention tanks. That said these tanks live amongst you within these buildings and should be regulated by some approved ANSI (American National Standards Institute) Accredited Standard for structural safety pertaining to water tanks at minimum. A prominent life safety (Fire), plumbing and mechanical contractor in a case study recently reported “algae and bacteria growth can corrode fire sprinklers and cause them to fail in a fire event.” Therefore even though there are no sanitary requirements for fire reserve tanks, these tanks should be kept in a sanitary condition to ensure fire safety. The same goes for storm water retention tanks as these are often used as makeup water for the cooling towers.  

FRP Tanks:
There are two types of FRP tanks and will be discussed separately;

One piece tanks, normally round or oval shaped are manufactured by hand or filament winding; Both these manufacturing processes are resin rich manufacturing methods, making it difficult for these tanks to be safely used within buildings due to its high smoke development if it catches fire, and therefore very few manufactures can achieve an acceptable smoke development rating under ASTM E84 whilst maintaining a sanitary listing NSF 61 due to fire retardants they need to add. Having said that, there are quality tank manufacturers that are AWWA D120 compliant and are NSF 61 listed.

Larger 1 piece tanks are difficult to transport from manufacturing site to project location which limits their use. 

FRP Panel Tanks on the other hand have many advantages, as they do not have the same transportability problem as above since they are assembled onsite.  A Quality FRP Panel Type Tank that is compliant to AWWA D121 and is NSF 61 listed is a structural grade product, which is tested by unannounced 3rd party audits periodically at the manufacturing source for toxicity safety. They do not require any coatings or linings as with steel tanks, a huge future maintenance advantage, they cannot corrode. They have the same or better insulation qualities of Wood Tanks. They maintain the cleanliness of water as the mirror smooth interior surfaces inhibit bacterial growth and are completely opaque which inhibits algae growth. Here is the full statement on the case study done by a prominent life safety (Fire), plumbing and mechanical contractor recently:  “State-of-the-Art Solution - The FTC fiber water tank is manufactured from SMC using hot pressed metal matched mold to make the material strong enough to have a long life with minimal maintenance. The tank design is very similar to fiberglass tanks, but they are stronger with a smooth inner surface that prevents algae and bacterial growth. Algae and bacteria growth can corrode fire sprinklers and cause them to fail in a fire event.’’

FTC FRP Panel Type Tanks are lightweight, can be assembled in irregular space, taking advantage of the economy of space mentioned earlier in this document, and foremost they were specifically designed to keep clean water clean.

Now the reasons for and what prompted me to write this report;
1.  A water tank installer decided that he does not have to submit to compliance and product quality, and he is getting away with it because the industry is a free for all unregulated Canal Str. type activity, but the big difference here is that he is playing with people`s lives and not the vanity factor of walking around with a XYZ brand handbag.

2. This same installer is trying the old famous bait & switch tactics of using my brand name and specifications to obtain business, and once he gets the projects he switches the product to a cheap non-compliant and un-certified brand. 

I have been in the water storage tank industry for over 15 years, for 10 of those years I worked tirelessly to have a quality product compliant to AWWA and NSF 61 listed as required by Federal Law for Drinking Water for which our company spent literally millions of dollars. Once this was done I approached NYCDOB and FDNY to lay out our product credentials and ran into lots of opposition, even though I just spent 10 years to make sure we are on the right side of the law pertaining to drinking water. Whilst having National accredited compliant product in hand with 3rd party ASTM test reports from accredited laboratories, I was subjected to another 18 months of further tests, which we done and achieved. At that time I told NYCDOB that I have no problem with their due diligence as long as all tank manufacturers are treated the same way. At the time I objected about the wooden tanks discussed above, as these tanks do not have any Nationally Recognized Standard or certification nor have they ever been subjected to toxicity testing in over 150 years! These wooden tanks are not sanitary, even the industry that uses these tanks as far back as 1942 reported them to be unsanitary. In all other water jurisdictions nationally if Total Coliform Count and/or E Coli is found and immediate boil order is mandatory, but in NYC against the overwhelming evidence of their unsanitary state of these tanks, NYC Health tells you in the newspaper “Roof tanks are designed to deliver clean water” whilst outlawing untreated wooden cutting boards in restaurants and labeling them as a Critical Violation! 

I have sent emails warning of the dangers to both NYC Health and EPA 18 months ago when the now famous article Inside City’s Water Tanks, Layers of Neglect  appeared, which was largely ignored other than a letter from NYC Health General Council, nothing has changed you are still at risk every day.  

Proposed Solutions:

1. New Yorkers living, working, studying, etc. in these buildings with tanks should insist on being protected under the same Safe Drinking Water Act as any other Citizen in this country, it is your right, fight for it. Do not allow the EPA, your State or Local Authority to undermine your rights with crafty exceptions.
2. Local Codes and Regulations such as Article 141 and the plumbing code should be amended to reflect standard industry practices and specify that all tanks should be compliant with an AWWA Standard written for Water Storage Tanks and all of these Standards specify that tanks for drinking water must be NSF 61 listed. Excluding vague not designed to be overly restrictive avenues that lead to abuse.
3. Building Water Systems has much to gain and nothing to lose by implementing the whole ASHRAE Standard 188 rather than a small section. Recently Dr. Matthew Arduino of the Centers for Disease Control and Prevention has accepted the role of Joint Committee Chair to lead the extremely important initiative to develop the standard NSF 444 Prevention of Injury and Disease Associated with Building Water Systems. NYC Health should also follow this development.
4. NYCDOB should issue an approved list of tank manufacturers that architects, consulting engineers and contractors can use to specify tanks into new construction, after each tank manufacturers brand was evaluated for compliance to an AWWA Standard, and verified by 3rd party test reports from accredited laboratories. They have a Dept. for that; it is called “The Office of Technical Certification and Research (OTCR)”
5. Existing non-compliant tanks (basically most of them for now) must be identified and all tank data collected by mandatory registration as they recently did for cooling towers must be subjected to more stringent sanitary inspection on a 3 monthly basis by a 3rd party accredited laboratory. Tanks that are compliant to a Nationally Accredited AWWA Water Tanks Standard and Listed NSF 61 can be subject to testing as prescribed in the law.    
6. Old unsanitary non-compliant technology that put the lives of New Yorkers in danger should not be allowed to be “grandfathered into the plumbing code” and should be phased out as a matter of urgency until such time that they are all gone or they can achieve a National Accredited Standard for Drinking water and be listed NSF61. They should not allow any further new construction or repair/replacement permits for any non-compliant tanks.
7. An argument such as was posed with the attempted Intro 408 that this is not financially viable is feeble, as they admitted a water survey that was conducted between 2010 – 2012 netted $700,000 in violation fines was levied against the buildings.
8. NY Health could very easily issue a tender for private 3rd companies (of which there are many) such as Ecolab to do these quarterly and annual inspections, maintain the tank database registry and flag NYC Health when noncompliance is detected for action. This 3rd party testing can be either paid from violation fines collected and/or have the cost of these tests added to the building property taxes or NY Water account.
9. In what is supposed to be a highly regulated industry you cannot allow self-policing, no one wants to spend more than they have to, and no one will voluntary incriminate themselves. Therefore vetting and 3rd party verification is of paramount importance.

This report will be stepping on many people`s toes and self-centered interests, you can expect a LOT of SPIN, deception, downplaying, me being ridiculed, etc., read through the smoke screen. Insist on facts (and they will be making it hard for you to get), not irresponsible public statements to lull you into acceptance, many people have tried to address these tank issues in the past and met resistance, I hope this report will reinvigorate them. Therefore I just told you what is happening and hopefully the media in NYC will keep your attention on the subject. You have the right to clean water!

The facts are:

Public water systems protected under Federal law provide water for human consumption through pipes or other constructed conveyances to at least 15 service connections or serves an average of at least 25 people for at least 60 days a year. EPA has defined three types of public water systems:

• Community Water System(CWS): A public water system that supplies water to the same population year-round.
• Non-Transient Non-Community Water System(NTNCWS): A public water system that regularly supplies water to at least 25 of the same people at least six months per year, but not year-round. Some examples are schools, factories, office buildings, and hospitals which have their own water systems.
• Transient Non-Community Water System(TNCWS): A public water system that provides water in a place such as a gas station or campground where people do not remain for long periods of time

 Which water systems can claim exception?

• 141.3 Coverage
  This part shall apply to each public water system, unless the public water system meets all of the following conditions:
  (a) Consists only of distribution and storage facilities (and does not have any collection and treatment facilities);
  (b) Obtains all of its water from, but is not owned or operated by, a public water system to which such regulations apply:
  (c) Does not sell water to any person; (ever wondered why they supply you with a free glass of water in a restaurant, and would you still drink it?)
  and
  (d) Is not a carrier which conveys passengers in interstate commerce.

Therefore they use (c) above to say that you do not qualify to have your water protected; if you in fact do pay for your water you have all the information right here to fight for your right to have SAFE Drinking Water. If in fact you actually do not pay for water either separately or as a portion of your HOA fee, you should insist to pay for your water consumption for you to be protected (or fight to have this exemption annulled)!

It is ludicrous to think that 40 passengers in a small commuter plane between JFK and Boston are protected, or even that you enjoy protection at a campground, but are not protected in your own home! 

What can I do?
1. I live in one of these buildings – Speak to your HOA, facility manager, contact your councilman/woman to fight for you, as mentioned earlier do not be pacified by a recent test result that says your tank water quality is good. As mentioned earlier that test is only valid at that instant of testing after cleaning the tank and not a reflection of the quality the tank maintains for the rest of time, as they currently test after cleaning instead of the nationally accepted method of testing before cleaning to identify problems that may exist.

2. If I am a councilman/woman -Protect your constituents by getting the FACTS not the spin, enforce change, do what you were voted in for, which is to serve your constituents. Not the interest of the Spin doctors or interest groups. No more we cannot afford to spend $360,000 to regulate this whilst collecting $ 700,000 in violations, the goal should be to eliminate violations altogether by having a clear set of rules and regulations as per industry standards to follow. If someone then decides to step out of line, a clear set of rules and regulations should then deal with those violators as what happens with restaurants, elevators, cooling towers, etc.

3. If I am from the media, bloggers, etc. – Your duty will be to keep this top of mind and not relax the pressure, inform of the facts and changes, challenge Spin and disseminate the facts.

4. If I am a Landlord or Property Developer – Water tanks in and on top of your building cost a fraction of a % of your project value. Insist on quality that will resolve a lot of maintenance costs, violation fees later. I am sure no responsible landlord or property developer will willfully want substandard equipment in their building that will endanger or diminish the quality of life of its occupants and will do the right thing; well now you have the facts. You can use it as a marketing advantage, advertise that your building has clean water due to the fact that your architect and engineers have specified properly accredited and certified material that comply with an AWWA Water Tank Standard and are NSF 61 listed and that this material was actually installed, not switched! I am sure your customers will enjoy this comfort and peace of mind. 

5. If I am a Licensed Professional: Architect, Engineers, MEP Contractors, Plumbers, etc. – Do your due diligence as you have the sole responsibility as it seems from NYC guidelines. Do not be in the unfortunate position a local architect found himself a while ago when a wood tank problem occurred to be told by the tank installer that he should have done his due diligence!

6. What can I offer - I am willing to freely share my knowledge with anyone or organization that can benefit for the purpose of achieving Clean Safe water. I am available for Licensed Professionals to do information and training sessions for you to be able to make qualified decisions to specify and/or install compliant tanks. 

In closing and as a prominent person said not long ago it is time that the “silent majority” who is you the New Yorker that has to live with this unacceptable situation speak up and demand corrective, verifiable action to enjoy the same SAFE Drinking Water as any other Citizen of this Great Country.