NY Env Conserv L § 17-0301 (2021)
2021 New York Laws ENV - Environmental Conservation Article 17 - Water Pollution Control Title 3 - Jurisdiction of the Department; Authority; Powers and Duties 17-0301 - Classification of Waters and Adoption of Standards.

§ 17-0301. Classification of waters and adoption of standards.   1.  It is recognized that, due to variable factors, no single standard of quality and purity of the waters is applicable to all waters  of  the state or to different segments of the same waters.   2.  In  order to attain the objectives of this article, the department after proper study, and after conducting public hearing upon due notice, shall group the designated waters of  the  state  into  classes.    Such classification  shall  be made in accordance with considerations of best usage  in  the  interest  of  the  public  and  with   regard   to   the considerations mentioned in subdivision 3 hereof.   3.  In  adopting  the  classification  of  waters and the standards of purity  and  quality  above  mentioned,  the   department   shall   give consideration to:   a.  The  size, depth, surface area covered, volume, direction and rate of flow, stream gradient and temperature of the water;   b. The character  of  the  district  bordering  said  waters  and  its peculiar  suitability  for  the  particular  uses,  and  with  a view to conserving the value of the same and encouraging  the  most  appropriate use  of  lands  bordering  said  waters,  for residential, agricultural, industrial or recreational purposes;   c. The uses which have been made, are being made or may  be  made,  of said  waters  for  transportation,  domestic and industrial consumption, bathing, fishing and fish culture,  fire  prevention,  the  disposal  of sewage,  industrial  waste  and  other wastes, or other uses within this state, and, at the discretion  of  the  department,  any  such  uses  in another  state  on  interstate  waters flowing through or originating in this state;   d. The extent of present defilement or fouling of  said  waters  which has already occurred or resulted from past discharges therein.   4.  The  department,  after  proper study, and after conducting public hearings upon due notice, shall adopt and assign  standards  of  quality and  purity for each such classification necessary for the public use or benefit  contemplated  by  such  classification.  Such  standards  shall prescribe  what  qualities  and  properties  of  water  shall indicate a polluted condition of the waters of  the  state  which  is  actually  or potentially deleterious, harmful, detrimental or injurious to the public health,  safety or welfare, to terrestrial or aquatic life or the growth and propagation thereof, or to the use  of  such  waters  for  domestic, commercial,  industrial,  agricultural, recreational or other reasonable purposes, with respect to the various classes  established  pursuant  to subdivision 2 hereof.   5. In establishing such standards, consideration shall be given to the following  factors:  a. The extent, if any, to which floating solids may be permitted in the water;   b. The extent to which suspended solids, colloids or a combination  of solids with other substances suspended in water, may be permitted;   c.  Organisms of the coliform group or any other organisms from wastes of animal or human origin shall  not  exceed  the  following  prescribed standards for usage of the classified waters of the state:  (1)  Sources of water supply for drinking, culinary or food processing purposes which, if subjected to approved  disinfection  treatment,  with additional   treatment   if   necessary   to  remove  naturally  present impurities, meet or will meet New York State Health Department  drinking water  standards  and  any  other  usages:  For such sources the monthly median coliform value for one hundred ml  of  sample  shall  not  exceed fifty  from  a  minimum  of five examinations and provided that not more than twenty percent of the samples shall exceed a coliform value of  two hundred forty for one hundred ml of sample.  (2)  Sources of water supply for drinking, culinary or food processing purposes which, if subjected to approved treatment equal to coagulation, sedimentation, filtration and disinfection, with additional treatment if necessary to reduce naturally present impurities,  will  meet  New  York State  Department  of Health drinking water standards; bathing, fishing, boating, and any other usages:  For  such  sources  the  monthly  median coliform  value  for  one  hundred  ml  of  sample shall not exceed five thousand from a minimum of five examinations and provided that not  more than  twenty  percent  of  the  samples shall exceed a coliform value of twenty thousand for one hundred ml of sample.  (3) Sources of water for bathing,  fishing,  boating,  and  any  other usages except shellfishing for market purposes in tidal salt waters: For such  sources  the  monthly  median coliform value for one hundred ml of sample shall not exceed two thousand four hundred from a minimum of five examinations and provided that not  more  than  twenty  percent  of  the samples  shall  exceed a coliform value of five thousand for one hundred ml of sample and provided further that surface waters receiving  treated sewage discharges which pass through residential communities where there is  a  potential  exposure  of population to the surface waters shall be protected by the requirement that all effluents  from  sewage  treatment plants  shall  be  adequately  disinfected  prior  to discharge into the surface waters in order that the monthly median coliform value  for  one hundred  ml  of sample shall not exceed two thousand four hundred from a minimum of five examinations and provided  that  not  more  than  twenty percent  of  the  samples shall exceed a coliform value of five thousand for one hundred ml of sample.  (4) Sources of water for shellfishing  for  market  purposes  and  any other  usages  of  tidal  salt  waters: Median MPN not to exceed seventy coliform organisms per one hundred milliliter sample in a series of four or more samples collected during any thirty-day period in the waters  of a  shellfishing  area, and not exceeding in more than ten percent of the samples collected during  the  period  an  MPN  of  two  hundred  thirty coliform  organisms  per  one hundred milliliters for a five-tube, or an MPN of three hundred thirty per one hundred milliliters for a three-tube decimal dilution test in those areas  most  probably  exposed  to  fecal contamination during the most unfavorable hydrographic conditions.  (5) All samples shall be collected, analyzed, and reported in a manner satisfactory to the commissioner.  (6)  When the above prescribed standards are exceeded the commissioner shall make an investigation  to  determine  the  source  or  sources  of pollution. When it shall appear to the commissioner after investigation, that  there has been a violation of any of the provisions of titles 1 to 11, inclusive, and title 19  of  this  article  he  shall  take  further proceedings as provided in section 17-0905.  (7) The department may adopt and assign more restrictive standards for the best usages of the waters of the state.   d.  The  extent  of  the  oxygen  demand which may be permitted in the receiving waters;   e. Such other physical, chemical or  biological  properties  necessary for  the  attainment  of the objectives of this article, as set forth in section 17-0101.   6. The adoption,  alteration  or  modification  of  the  standards  of quality  and  purity,  above prescribed, shall be made by the department only after public hearing on due notice.   7. The "Rules and Classifications and Standards of Quality and  Purity for  Waters  of New York State," hitherto adopted by the former New York water pollution control board by order made and entered October 23, 1950 effective October 25, 1950, as duly amended in the  manner  provided  by  law,  are  hereby approved and adopted as the general system and plan of the classification of the waters of  the  state  and  the  standards  of quality  and purity thereof applicable to such general classification of the  waters  and  are  hereby  deemed  established  and  adopted  by the department.   8. All classifications and standards of quality  and  purity  hitherto assigned,  by  the  former New York Water Pollution Control Board, or by the former Water Resources Commission by order,  duly  and  respectively made  and  entered, to designated and specified waters of the state, are hereby approved and adopted  as  the  classification  and  standards  of quality  and  purity  for such specified waters so respectively hitherto classified and are hereby deemed established, adopted and so assigned by the department.   9. The "Rules and Classifications and Standards of Quality and  Purity for  Waters  of New York State," so hitherto adopted by the former Water Pollution Control Board and by the former Water Resources Commission and hereinabove readopted may from time to time be altered  or  modified  by the  department  after public hearing thereon. Any classification of the specified waters of the state, so hitherto assigned by the former  Water Pollution  Control Board or by the former Water Resources Commission and hereinabove readopted may from time to time be altered  or  modified  by the department after public hearing thereon.   10.  Notices  of  public  hearing  for  the  consideration,  adoption, modification,   alteration   and/or    amendment    of    the    general classification-standards  system  or of the classification of waters and the standards of purity and quality thereof shall:   a. Be published at least twice in a newspaper regularly  published  or circulated  in  the  county  or  counties bordering or through which the waters sought to be classified, or for which standards are sought to  be adopted,  flow, the first date of publication of which shall be at least thirty days before the date fixed for such hearing, and   b. Be mailed at least thirty days before such  hearing  to  the  chief executive  of each municipal corporation bordering or through which said waters, for which standards are sought to be adopted, flow, and to  such other persons as the department has reason to believe may be affected by the proposed standards.   11. The fact that an application for the modification or alteration of classifications  and  standards  of  quality  and  purity  has been made pursuant to this section shall not of  itself  constitute  a  sufficient ground  for an injunction against, or a stay of, any proceeding or order authorized by this article.   12. In all hearings in connection with the modification or  alteration of  classifications  and  standards  of  quality  and  purity heretofore assigned by the former Water Pollution Control Board or the former Water Resources Commission or hereafter assigned by the department  by  order, duly  and  respectively  made  and  entered, to designated and specified waters of the state, except  as  provided  in  paragraphs  a  and  b  of subdivision  10  of  this  section,  the administrative procedures to be followed shall be governed by article two of  the  state  administrative procedure act.   13. The department shall not require the expense of any public hearing initiated  by petition of any person or public corporation in connection with the adoption,  modification  or  alteration  of  classification  of waters  or  standards  of  purity and quality thereof to be paid by such person or public corporation.   14. The classification of waters and standards of quality  and  purity thereof,  upon adoption, shall, before becoming effective, be filed with the Secretary of State for publication in the "Official  Compilation  of  Codes,  Rules  and  Regulations  of  the  state  of  New York" published pursuant to section 102 of the Executive Law.