reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 665 - Local Government Implementation Of The Freshwater Wetlands Act And Statewide Minimum Land-use Regulations For Freshwater Wetlands › Section 665.9 - Delegation of regulatory authority over class i wetlands

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As noted in section
					 665.3(f) 
					 of this Part, the commissioner may delegate regulatory authority over Class I
					 wetlands to a local government. For such delegation, the commissioner must
					 consider the degree to which the local government's prior performance
					 demonstrates a commitment to wetland preservation, protection and conservation,
					 and demonstrates a high level of technical and administrative capability.
					 Delegation may occur only if:
(1) a local
					 government has implemented a local freshwater wetlands protection program
					 pursuant to the act for at least two years and has acted on at least six permit
					 applications; and
(2) the local
					 government program has resulted in negligible loss of wetlands benefits, or
					 substantive losses where a result of clearly justified, overriding
					 considerations pursuant to the standards for issuance of permits in section
					 665.7 
					 of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 665 - Local Government Implementation Of The Freshwater Wetlands Act And Statewide Minimum Land-use Regulations For Freshwater Wetlands › Section 665.10 - Local government enforcement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person may violate the terms or
					 conditions of a permit issued by a local government. Civil and criminal
					 sanctions for violation of the act or local laws or ordinances adopted pursuant
					 to the act and this Part are set out in title 23 of article 71 of the
					 Environmental Conservation Law.
(b)
					 A local government must reasonably and conscientiously enforce the provisions
					 of its local freshwater wetlands protection program in that it will:
(1) conduct inspections to ensure compliance
					 with permit conditions;
(2)
					 investigate all reports of violation;
(3) suspend or revoke a permit upon a finding
					 of noncompliance; and
(4) prosecute
					 violation of the act, the local law or ordinance, or permit condition as
					 appropriate.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 665 - Local Government Implementation Of The Freshwater Wetlands Act And Statewide Minimum Land-use Regulations For Freshwater Wetlands › Section 665.11 - Emergency activities

Current through Register Vol. 46, No. 28, July 10, 2024
A local government may waive the requirement for a permit
						where an actual and ongoing emergency activity in a wetland or adjacent area is
						immediately necessary to protect life, property or natural resource values. The
						person responsible for taking the emergency measures is required to notify the
						local government's permit administrator within two working days after the
						commencement of those emergency measures and is required to describe the
						emergency; the property, life or natural resource values being protected; and
						the measures being taken. After completion of the emergency measures, the local
						government must require this information in writing.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 665 - Local Government Implementation Of The Freshwater Wetlands Act And Statewide Minimum Land-use Regulations For Freshwater Wetlands › Section 665.12 - Supersession of regulatory authority

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commissioner, as set forth in section
					 665.4(k) 
					 of this Part, may supersede local jurisdiction on the basis of a finding of
					 inadequate technical and/or administrative capability to implement a local
					 freshwater wetlands protection program.
(b) The commissioner, pursuant to section
					 24-0503 of the act, may also supersede local jurisdiction on the basis of a
					 finding that a local government has failed to effectively implement its local
					 freshwater wetlands protection program.
(c) In the event of a finding under
					 subdivision (a) of this section:
(1) The
					 commissioner must notify the chief executive officer of the local government of
					 such a finding by certified mail. The local government will be allowed 60 days
					 to bring its program into conformance according to provisions of sections
					 665.4
					 and
					 665.5 
					 of this Part. During that time, the local government must obtain, for a fee,
					 the assistance of the department in processing and reviewing any permit
					 applications already in process or which are received in the interim.
(2) If, after 60 days, conformance is not
					 achieved, the commissioner must notify the chief executive officer by certified
					 mail that local jurisdiction has been superseded and transferred to the next
					 level of local government or to the department, as the case may be. In doing
					 so, the commissioner must afford the local government an opportunity to request
					 a hearing within 15 days of receipt of the notice.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 665 - Local Government Implementation Of The Freshwater Wetlands Act And Statewide Minimum Land-use Regulations For Freshwater Wetlands › Section 665.13 - Other department responsibilities

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to those already specified, the act assigns
						the department other continuing roles in freshwater wetlands protection for the
						sake of consistency and to assure adequate jurisdiction in view of the fact
						that natural systems transcend local boundaries.
(a) The department is responsible for the
					 promulgation of official maps for regulatory purposes and, except in the
					 Adirondack Park, the classification of mapped wetlands the maintenance of said
					 maps and classifications.
(b)
					 Except in the Adirondack Park, the department must delineate more precisely the
					 boundary line or lines of a freshwater wetland or parts of a wetland upon
					 written request of any person showing good cause for such delineation. Such
					 delineation must be in accordance with the provisions of subdivision 24-0301.7
					 of the act.
(c) The department, in
					 accordance with section
					 664.4(g) and
					 (h), must respond to a written request by any
					 person to change a wetland's classification and must confirm the classification
					 of a wetland to be affected by a proposed activity upon the written request of
					 any person intending to submit an application for a permit to the department or
					 a local government.
(d) The
					 department, except in the Adirondack Park, retains regulatory authority in all
					 cases where:
(1) an official map has not yet
					 been promulgated;
(2) no local
					 government has assumed local jurisdiction or said jurisdiction has been
					 transferred to, defaulted or superseded by the department;
(3) wetlands have been exempted from local
					 implementation and not delegated to a local government; or
(4) a local government is the applicant for a
					 permit.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 665 - Local Government Implementation Of The Freshwater Wetlands Act And Statewide Minimum Land-use Regulations For Freshwater Wetlands › Section 665.14 - Appeals and review

Current through Register Vol. 46, No. 28, July 10, 2024
An appeal from, or an application for review of, any
						decision, determination or order under this Part may be made to the Freshwater
						Wetlands Appeals Board or to a court of competent jurisdiction pursuant to the
						provisions of title 11 of the act.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 665 - Local Government Implementation Of The Freshwater Wetlands Act And Statewide Minimum Land-use Regulations For Freshwater Wetlands › Section 665.15 - Relation to other laws

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
					 provision of this Part relieves any person from the obligation to comply with
					 any other applicable Federal, State or local law or regulation.
(b) The system of wetlands classification
					 upon which this Part is based and which local governments must use in
					 administering their local freshwater wetlands protection program is presented
					 in Part 664 of this Title. That Part, which is administered by the department,
					 describes the benefits of wetlands cited in the act and the characteristics
					 associated with them.
(c)
					 Regulations governing permit administration by the department after official
					 maps have been promulgated are presented in Part 663 of this Title.
(d) Regulations governing permit
					 administration by the department prior to promulgation of official maps are
					 presented in Part 662 of this Title.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 665 - Local Government Implementation Of The Freshwater Wetlands Act And Statewide Minimum Land-use Regulations For Freshwater Wetlands › Section 665.16 - Effective date

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part
					 will be effective on May 15, 1984.
(b) The effective day of this Part is
					 considered to be the day for receipt of the statewide minimum land-use
					 regulations.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 666 - Regulation Or Administration And Management Of The Wild, Scenic And Recreational Rivers System In New York State Excepting Private Land In The Adirondack Park › Section 666.1 - Purposes and policies of the act

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of the Wild, Scenic and Recreational Rivers
						System Act is to institute a State wild, scenic and recreational rivers system
						within New York. Many rivers of the State, and their immediate environs,
						possess outstanding natural, scenic, ecological, recreational, aesthetic,
						botanical, geological, hydrological, fish and wildlife, historical, cultural,
						archaeological and scientific values. Improvident development and use of these
						rivers and their immediate environs will deprive present and future generations
						of the benefit and enjoyment of these unique and valuable resources. It is the
						policy of the State as set forth in the Wild, Scenic and Recreational Rivers
						System Act (title 27 of article 15 of the Environmental Conservation Law)
						hereafter termed "the act", that designated rivers of the State and their
						immediate environs possessing the aforementioned characteristics shall be
						preserved in a free-flowing condition and shall be protected for the benefit
						and enjoyment of present and future generations.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 666 - Regulation Or Administration And Management Of The Wild, Scenic And Recreational Rivers System In New York State Excepting Private Land In The Adirondack Park › Section 666.4 - Classes of rivers and management objectives for river areas

Current through Register Vol. 46, No. 28, July 10, 2024
The system consists of three classes of rivers as
						designated under section 15- 2711 of the act.
(a) Wild rivers are generally five miles or
					 more in length, free of diversions and impoundments, and accessible only by
					 water, foot or horse trail. Their river areas are primitive and undeveloped in
					 nature. In general the minimum distance from the river to a public road or a
					 private road open to the public is one-half mile. Management of wild river
					 areas will be directed to the perpetuation of their wild condition.
(b) Scenic rivers are generally free of
					 diversions or impoundments with limited road access. Their river areas are
					 essentially primitive and undeveloped or are used for agriculture, forest
					 management and other dispersed human activities which do not in themselves
					 substantially constrain public use and enjoyment of these rivers and their
					 environs. Management of scenic river areas will be directed to preserving and
					 restoring their natural scenic qualities.
(c) Recreational rivers are generally readily
					 accessible, and may have a significant amount of development in their river
					 areas and may have been impounded or diverted in the past. Management of
					 recreational river areas will be directed to preserving and restoring their
					 natural, cultural, scenic and recreational qualities, except in areas
					 delineated by the department as communities, which will be managed to avoid
					 adverse environmental impacts and loss of existing river corridor
					 values.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 666 - Regulation Or Administration And Management Of The Wild, Scenic And Recreational Rivers System In New York State Excepting Private Land In The Adirondack Park › Section 666.5 - Local government implementation

Current through Register Vol. 46, No. 28, July 10, 2024
Pursuant to section 3-0301 (2)(p)  of the
						Environmental Conservation Law, the commissioner may delegate to a local
						government or a group of local governments its powers, functions, and
						responsibilities, except review and determination of any application for a
						permit from a State agency, for administration of designated river areas as it
						deems proper upon determining that such local government or group of local
						governments has adequate legal authority, expertise, staff, funding and such
						other capabilities as the commissioner may prescribe as being necessary to
						fully carry out such powers, functions and responsibilities in place of the
						department and in a manner consistent with the act.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 666 - Regulation Or Administration And Management Of The Wild, Scenic And Recreational Rivers System In New York State Excepting Private Land In The Adirondack Park › Section 666.7 - River area management plans

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Management plans will be developed by the Department of Environmental
					 Conservation for designated river areas to recommend specific actions to
					 protect and enhance all river corridor resources. The department will encourage
					 participation by local government and interested persons and organizations in
					 the development of studies, reports and plans for rivers designated for study
					 or administration under the act and also encourage their participation in the
					 planning process necessary to achieve the goals of the act.
(b) A river area management plan for a
					 particular river may be prepared by the department, by an affected local
					 government or group of affected governments or by any person or entity acting
					 in cooperation with any affected local government or governments or this
					 department. In the event that such plans are not to be prepared by the
					 department, those local governments, persons or other entities engaged in such
					 activity will be approved by the department, will act in an advisory capacity
					 to it, and will coordinate and cooperate fully with the department. The
					 department will provide such guidance and assistance as may be required to
					 insure that the proposed river management plan is sufficient.
(c) A river area management plan not prepared
					 by the department and submitted to the commissioner for final approval will be
					 reviewed and acted upon by the department within a reasonable period of time
					 from its submission.
(d) A river
					 area management plan will:
(1) describe
					 existing conditions in the river corridor, including: those natural, cultural
					 and recreational resources identified in available information sources, such as
					 the statewide rivers inventory; prevailing land and water uses; land ownership
					 patterns; and existing management devices;
(2) identify the resource management issues
					 not adequately addressed by administration under this Part;
(3) identify alternatives considered in
					 determining the actions needed to address the issues identified in paragraph
					 (2) of this subdivision;
(4)
					 propose goals, objectives, policies, management guidelines and necessary
					 actions to implement the plan which are consistent with the purposes and
					 policies of the act;
(5) propose,
					 if necessary, a river area regulation for full implementation of the plan;
					 and
(6) propose, if necessary, a
					 revised river area boundary, consistent with section
					 666.6 
					 of this Part, for full implementation of the plan.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 666 - Regulation Or Administration And Management Of The Wild, Scenic And Recreational Rivers System In New York State Excepting Private Land In The Adirondack Park › Section 666.8 - Permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The procedures
					 and schedules for applications for rivers system permits are governed by
					 article 70 (Uniform Procedures Act) of the Environmental Conservation Law (ECL)
					 and its implementing regulations contained in Parts 621 and 624 of this Title.
					 An application for a permit will be filed by the applicant with the regional
					 permit administrator on a form prescribed by the department. Such application
					 must set forth the purpose, character and extent of the proposed regulated
					 activity and shall set forth in detail the reasons the applicant seeks a
					 permit. The application will include:
(1) a
					 detailed description of the regulated activity;
(2) a map showing the area affected, with the
					 location of the proposed regulated activity and the river;
(3) a statement addressing feasible
					 alternatives which do not affect river area resource values or on a site that
					 is not regulated by this Part;
(4)
					 a statement identifying the owner of the subject property and, where
					 applicable, written permission of said owner for the applicant to seek
					 permission for, and to carry out, the proposed activity;
(5) a description of the planned use of the
					 subject property once the proposed regulated activity is completed;
(6) a plan at a scale acceptable to the
					 department which identifies the lot boundary and the river;
(7) clearly labeled photographs of the
					 site;
(8) a variance request when
					 applicable as specified in section
					 666.9 
					 of this Part; and
(9) such
					 additional information as the regional permit administrator deems necessary to
					 enable the department to make the findings and determinations required under
					 this Part. For example, the applicant may be required to submit a list of the
					 names of the owners of record of lands adjacent to the subject property upon
					 which the regulated activity is to be undertaken.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 666 - Regulation Or Administration And Management Of The Wild, Scenic And Recreational Rivers System In New York State Excepting Private Land In The Adirondack Park › Section 666.9 - Variances from the regulations

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 No variance may authorize any development or improvement prohibited by the act.
					 The department, upon receipt of a written request made in conjunction with a
					 permit application pursuant to this Part, may vary or modify any provision of
					 this Part relating to allowable land uses or development so long as it is the
					 minimum variance necessary and only if:
(1)
					 in the case of a request for a use variance, the provision(s) to be varied or
					 modified would cause an unnecessary hardship for the applicant. In order to
					 prove such unnecessary hardship the applicant must demonstrate that:
(i) the provision(s) to be varied or modified
					 deprive the applicant of all economic use or benefit from the property in
					 question, which deprivation must be established by competent financial
					 evidence;
(ii) the alleged hardship
					 relating to the property in question is unique, and does not apply to a
					 substantial portion of the river corridor;
(iii) the requested use variance, if granted,
					 will not alter the essential character of the river corridor; and
(iv) the alleged hardship has not been
					 self-created; and
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 666 - Regulation Or Administration And Management Of The Wild, Scenic And Recreational Rivers System In New York State Excepting Private Land In The Adirondack Park › Section 666.10 - Penalties and enforcement

Current through Register Vol. 46, No. 28, July 10, 2024
Any person who violates the act, this Part or any order
						issued by the department pursuant to the act or to such regulations may be
						liable for all penalties and other remedies provided for in the Environmental
						Conservation Law. Such penalties and remedies may be in addition to any other
						penalty or remedy available under any other law.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 666 - Regulation Or Administration And Management Of The Wild, Scenic And Recreational Rivers System In New York State Excepting Private Land In The Adirondack Park › Section 666.11 - Preservation of natural flow

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Dams
					 and waterway improvements.
(1) No dam, weir,
					 bulkhead, riprap, diversion or other structure or modification of the waterway
					 shall be constructed upon any river area which has been included in the State
					 wild, scenic and recreational rivers system except stream improvement
					 structures for fisheries management purposes as expressly authorized in section 15-2709  of the Environmental
					 Conservation Law.
(2) New
					 construction or new operation of hydropower facilities on wild rivers is
					 prohibited.
(3) The department may
					 approve permits and certifications for the installation of new hydroelectric
					 generation facilities at existing dams on scenic and recreational rivers
					 provided that:
(i) a run-of-river operational
					 mode is employed;
(ii) there is no
					 diversion of the river above or below the existing dam;
(iii) any ancillary facilities, such as
					 access roads and transmission lines, conform with the requirements of the act,
					 this Part and other applicable State laws and regulations; and
(iv) such dams are not on lands in the Forest
					 Preserve, State Nature and Historic Preserve Trust, in State parks, or in State
					 reforestation, multiple use, unique, or wildlife management areas.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 666 - Regulation Or Administration And Management Of The Wild, Scenic And Recreational Rivers System In New York State Excepting Private Land In The Adirondack Park › Section 666.12 - Preservation of water quality

Current through Register Vol. 46, No. 28, July 10, 2024
The following water quality standards will apply:
(a) In wild river areas:
(1) new discharges of any substances are
					 prohibited; and
(2) upon its
					 designation by the Legislature, the water quality classification of the river
					 will be evaluated by the department and consideration will be given to
					 reclassifying the river to Class N pursuant to Part 609 of this Title if this
					 is not the present classification. If a Class N classification is not
					 applicable, the most restrictive classification appropriate, considering future
					 uses of the river, will be applied. Such evaluation will be accomplished as
					 part of the boundary setting process under section
					 666.6 
					 of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 666 - Regulation Or Administration And Management Of The Wild, Scenic And Recreational Rivers System In New York State Excepting Private Land In The Adirondack Park › Section 666.14 - Judicial review

Current through Register Vol. 46, No. 28, July 10, 2024
Any person aggrieved by the issuance, denial, suspension,
						or revocation of a permit may within 30 days from the date of the
						commissioner's order seek judicial review pursuant to article 78 of the Civil
						Practice Law and Rules in the Supreme Court for the county in which the river
						area is located.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 666 - Regulation Or Administration And Management Of The Wild, Scenic And Recreational Rivers System In New York State Excepting Private Land In The Adirondack Park › Section 666.15 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof
						to any person or circumstance is adjudged invalid by a court of competent
						jurisdiction, such judgment shall not affect or impair the validity of the
						other provisions of this Part or the application thereof to other persons and
						circumstances.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 666 - Regulation Or Administration And Management Of The Wild, Scenic And Recreational Rivers System In New York State Excepting Private Land In The Adirondack Park › Section 666.16 to 666.31 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 670 - Reservoir Releases Regulations: Schoharie Reservoir-shandaken Tunnel-esopus Creek › Section 670.1 - Purpose and applicability

Current through Register Vol. 46, No. 28, July 10, 2024
It is the purpose of this Part to implement the policy of
						the State with regard to the release and diversion of waters from certain
						reservoirs, as set forth in title 8 of article 15 of the Environmental
						Conservation Law. Accordingly, it is the purpose of this Part to regulate the
						volume and rate of change of diversions of water from the Schoharie reservoir
						through the Shandaken tunnel into Esopus Creek, in order to protect and enhance
						the recreational use of waters in Esopus Creek in a manner consistent with the
						protection of existing recreational uses of the Ashokan and Schoharie
						reservoirs, while ensuring and without impairing an adequate supply of water
						for power production or for any municipality which uses water from such
						reservoirs for drinking and other purposes.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 670 - Reservoir Releases Regulations: Schoharie Reservoir-shandaken Tunnel-esopus Creek › Section 670.3 - Operation of the shandaken tunnel

Current through Register Vol. 46, No. 28, July 10, 2024
The city shall utilize the Shandaken tunnel only in
						accordance with the provisions of this section.
(a) During all times of the year, the city
					 shall divert through the Shandaken tunnel those quantities of water, as
					 determined at the tunnel intake chamber, that when added to the flow of Esopus
					 Creek, as measured at the Shandaken gaging station, are necessary and
					 sufficient to provide at all times a combined flow of at least 160 million
					 gallons per day--mgd (248 cubic feet per second-- cfs); provided, when the
					 Schoharie reservoir is physically incapable of providing sufficient water to
					 maintain such combined minimum flow, the city shall make the maximum diversions
					 of water into the Shandaken tunnel which the Schoharie reservoir is physically
					 capable of providing. The provisions of this subdivision shall not be
					 applicable when water is spilling from the Ashokan reservoir.
(b) Between June 1st and October 31st,
					 inclusively, the city shall not make any diversion of water through the
					 Shandaken tunnel:
(1) whenever the flow of
					 Esopus Creek, as measured at the Shandaken gaging station, exceeds 300 mgd (465
					 cfs); or
(2) whenever the amount of
					 that diversion, as determined at the intake chamber of the Shandaken tunnel,
					 added to the flow of Esopus Creek, as measured at the Shandaken gaging station,
					 will produce a comnbined flow exceeding 300 mgd (465 cfs).
Provided, in order to minimize spill from Schoharie
						reservoir, the city may make such diversions when the unfilled storage capacity
						of Schoharie reservoir is less than five billion gallons and the unfilled
						storage capacity of Ashokan reservoir is more than five billion gallons.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 670 - Reservoir Releases Regulations: Schoharie Reservoir-shandaken Tunnel-esopus Creek › Section 670.4 - Monitoring

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department
					 reservoir releases manager shall be responsible for monitoring all actions
					 taken pursuant to this Part on a continuous basis in order to determine whether
					 any significant adverse environmental impacts, including but not limited to
					 fishkill incidents, occur as a result of the operation of the Shandaken tunnel
					 by the city pursuant to this Part. The department reservoir releases manager
					 shall promptly investigate any such incidents which may occur and report the
					 results of such incidents to the city reservoir releases manager.
(b) The department reservoir releases manager
					 shall be responsible for conducting studies in order to:
(1) establish additional detailed rates for
					 opening and closing the Shandaken tunnel when the flow in Esopus creek exceeds
					 300 mgd (465 cfs) as measured at the Shandaken gaging station,
(2) identify means for reducing or
					 eliminating turbidity in Esopus creek associated with the operation of the
					 Shandaken tunnel, and
(3) provide a
					 technical data base for resolving such other problems and issues associated
					 with the diversion of water through the Shandaken tunnel as may be identified.
					 The department reservoir releases manager shall consult with the city reservoir
					 releases manager regarding such studies.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 670 - Reservoir Releases Regulations: Schoharie Reservoir-shandaken Tunnel-esopus Creek › Section 670.5 - Recreational activities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
					 order to assist persons wishing to undertake recreational activities on or
					 along Esopus creek, the department reservoir releases manager shall respond to
					 all inquiries relative to the date, duration and nature of diversions to be or
					 being made pursuant to this Part.
(b) The department reservoir releases manager
					 may provide for diversions pursuant to this Part for such special recreational
					 events as he or she finds appropriate in light of the purposes of this Part and
					 consistent with section
					 670.3(i) 
					 of this Part and shall respond to all inquiries relative to the date, duration
					 and nature of any such diversions. Provided, all requests for diversions for
					 special recreational events pursuant to this section shall be made to the
					 department reservoir releases manager in writing not later than April 15th of
					 any year. Further provided, the department reservoir releases manager shall not
					 provide pursuant to this subdivision (1) for more than one diversion during any
					 month or (2) for more than four such diversions between May 1 and October 31,
					 inclusively.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 670 - Reservoir Releases Regulations: Schoharie Reservoir-shandaken Tunnel-esopus Creek › Section 670.6 - Records

Current through Register Vol. 46, No. 28, July 10, 2024
The city shall maintain detailed records regarding its
						operation of the Shandaken tunnel. Such records shall be maintained at the city
						field offices at the Schoharie and Ashokan reservoirs and at the office of the
						city reservoir releases manager. Such records shall at a minimum specify the
						amounts of water diverted through the Shandaken tunnel, the dates, times and
						duration of such diversions, the rates of the openings and closings of the
						Shandaken tunnel, and the amount of water contained in the Schoharie and
						Ashokan reservoirs at any particular time. Not later than 45 days following the
						end of any calendar month, the city reservoir releases manager shall provide to
						the department reservoir releases manager a summary of such detailed records
						for that calendar month. Such monthly summary shall be in sufficient detail for
						the department to determine whether the city's operation of the Shandaken
						tunnel during the preceding month complied with the provisions of this Part.
						The department shall have the opportunity, after reasonable notice, to inspect
						the city's detailed records at the office of the city reservoir releases
						manager or the city field offices at the Schoharie and Ashokan
						reservoirs.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 670 - Reservoir Releases Regulations: Schoharie Reservoir-shandaken Tunnel-esopus Creek › Section 670.7 - Emergency situations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 provisions of section
					 670.3 
					 of this Part shall not be applicable to any action taken by the city with
					 regard to the operation of the Shandaken tunnel in any emergency situation
					 where:
(1) there is a threat to the continued
					 existence or safe operation of the Schoharie reservoir, its dam and appurtenant
					 structures; the Shandaken tunnel and appurtenant structures; or the Ashokan
					 reservoir and its dams and appurtenant structures; to the public health and
					 safety; or to the maintenance of a satisfactory level of water quality in the
					 Ashokan reservoir;
(2) such threat
					 may not be averted by any action taken in compliance with section
					 670.3 
					 of this Part; and
(3) such threat
					 can be averted by an action of the city that is not in compliance with section
					 670.3 
					 of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 670 - Reservoir Releases Regulations: Schoharie Reservoir-shandaken Tunnel-esopus Creek › Section 670.8 - Enforcement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Attorney
					 General, on his own initiative or at the request of the commissioner, or the
					 corporation counsel at the request of the city, shall bring an action to
					 restrain or enjoin any violation of any provision of this Part. The
					 commissioner shall furnish the Attorney General or the corporation counsel with
					 such material, evidentiary matter or proof as may be requested by either of
					 them in connection with such action.
(b) Notwithstanding the provisions of any
					 law, the venue of any action commenced or proceeding brought pursuant to this
					 Part may be in the County of Albany.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 670 - Reservoir Releases Regulations: Schoharie Reservoir-shandaken Tunnel-esopus Creek › Section 670.9 - Revisions

Current through Register Vol. 46, No. 28, July 10, 2024
On a periodic basis the department shall review and
						consider proposing amendments to this Part. Any amendments to this Part shall
						be made in the same manner as its initial promulgation.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 671 - RESERVOIR RELEASES REGULATIONS: CANNONSVILLE, PEPACTON AND NEVERSINK RESERVOIRS › Section 671.1 - Purpose of this part

Current through Register Vol. 46, No. 28, July 10, 2024
It is the general purpose of this Part to implement the
						policy of the State with regard to the release of waters from certain
						reservoirs, as set forth in title 8 of article 15 of the Environmental
						Conservation Law. Accordingly, it is the specific purpose of this Part to
						regulate the release of waters from Cannonsville reservoir into the West Branch
						Delaware River, from the Pepacton reservoir into the East Branch Delaware
						River, and from the Neversink reservoir into the Neversink River, in order to
						protect and enhance the recreational use of those rivers and the Delaware
						River, while ensuring and without impairing an adequate supply of water for
						power production or for any municipality which uses water from such reservoirs
						for drinking and other purposes, and while ensuring and without impairing the
						rights or interests of Pennsylvania, New Jersey and Delaware in the waters of
						the Delaware River basin.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 671 - RESERVOIR RELEASES REGULATIONS: CANNONSVILLE, PEPACTON AND NEVERSINK RESERVOIRS › Section 671.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the following words and terms shall
						have the meaning ascribed to them, unless the context requires
						otherwise:
(a) Callicoon gaging
					 station shall mean the United States Geological Survey (USGS) stream gaging
					 station No. 01427510 located on the Delaware River at Callicoon, New York, as
					 identified in the publication entitled Water Resources Data for New York, Water
					 Year 1978,U.S. Geological Survey water data report NY- 78-1 (see Subpart 672-6
					 of this Title).
(b) Cannonsville
					 reservoir shall mean that reservoir known as the Cannonsville reservoir,
					 located in the Towns of Tompkins, Deposit and Walton, Delaware
					 County.
(c) City shall mean the
					 City of New York.
(d) City
					 reservoir releases manager shall mean an employee of the city formally
					 designated by the mayor of the city to fulfill the responsibilities of the city
					 reservoir releases manager set forth in this Part, which designation shall be
					 on file in the office of the department reservoir releases manager. In lieu of
					 such designation, the city reservoir releases manager shall be the
					 administrator of the city department of environmental protection.
(e) Commissioner shall mean the Commissioner
					 of Environmental Conservation.
(f)
					 Delaware River shall mean that portion of a river known as the Delaware River
					 which runs from Hancock, New York, to Delaware Bay.
(g) Department shall mean the Department of
					 Environmental Conservation.
(h)
					 Department reservoir releases manager shall mean the commissioner or an
					 employee of the department formally designated by the commissioner to fulfill
					 the responsibilities of the department reservoir releases manager set forth in
					 this Part, which designation shall be on file in the office of the city
					 reservoir releases manager.
(i)
					 Designated downstream areas shall mean the following waters:
(1) the East Branch Delaware River between
					 the Pepacton reservoir and the confluence of the East Branch Delaware River and
					 the Beaverkill;
(2) the West Branch
					 Delaware River between the Cannonsville reservoir and Hancock, New
					 York;
(3) the Delaware River
					 between Hancock, New York and Callicoon, New York; and
(4) the Neversink River between the Neversink
					 reservoir and Bridgeville, New York.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 671 - RESERVOIR RELEASES REGULATIONS: CANNONSVILLE, PEPACTON AND NEVERSINK RESERVOIRS › Section 671.3 - Operation of the cannonsville, pepacton and neversink reservoirs

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1)
					 During normal hydrologic conditions, the city shall make such water releases
					 from the Cannonsville, Pepacton and Neversink reservoirs as are necessary and
					 sufficient to maintain the constant minimum flows indicated in Table 1 in the
					 West Branch Delaware River, East Branch Delaware River and the Neversink River:
TABLE I
Reservoir
Dates constant minimum flow must be
								  maintained
Constant minimum
								  flow
Gaging station and river in which
								  constant minimum flow is to be maintained
Cannonsville
April 1-June 14 and August 16-October 31,
								  inclusive
29 mgd (45 cfs)
Stilesville - West Branch Delaware
Cannonsville
June 15-August 15, inclusive
210 mgd (325 cfs)
Stilesville - West Branch Delaware
Cannonsville
November 1-March 31, inclusive
21 mgd (33 cfs)
Stilesville - West Branch Delaware
Pepacton
April 1-October 31, inclusive
45 mgd (70 cfs)
Downsville - East Branch Delaware
Pepacton
November 1-March 31, inclusive
32 mgd (50 cfs)
Downsville - East Branch Delaware
Neversink
April 1-October 31, inclusive
29 mgd (45 cfs)
Neversink - Neversink
Neversink
November 1-March 31, inclusive
16 mgd (25 cfs)
Neversink - Neversink
(2) During normal hydrologic conditions when
					 the Delaware River master directs releases according to provisions of the 1954
					 U.S. Supreme Court decree, the city shall make releases at the direction of the
					 department to increase the flow above that indicated in Table 1 on the West
					 Branch, East Branch and Neversink Rivers, provided that the total amount of
					 additional water above the flows indicated in Table 1 shall not exceed the
					 amount of releases directed by the Delaware River master.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 671 - RESERVOIR RELEASES REGULATIONS: CANNONSVILLE, PEPACTON AND NEVERSINK RESERVOIRS › Section 671.4 - Recreational activities

Current through Register Vol. 46, No. 28, July 10, 2024
In order to assist persons wishing to undertake
						recreational activities on or along the West Branch Delaware River, East Branch
						Delaware River, Neversink River or Delaware River, the department reservoir
						releases manager shall respond to all inquiries relative to the date, duration,
						and nature of releases to be or being made pursuant to this
						Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 671 - RESERVOIR RELEASES REGULATIONS: CANNONSVILLE, PEPACTON AND NEVERSINK RESERVOIRS › Section 671.5 - Monitoring

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department
					 reservoir releases manager shall be responsible for monitoring the West Branch
					 Delaware River, the East Branch Delaware River, the Delaware River within New
					 York State and the Neversink River on a continuous basis, in order to determine
					 whether any significant adverse environmental impacts, including but not
					 limited to fishkill incidents, occur as a result of the operation of the
					 Pepacton, Cannonsville and Neversink reservoirs by the city pursuant to this
					 Part. The department reservoir releases manager shall promptly investigate any
					 such incidents which may occur and report the results of such investigations to
					 the city reservoir releases manager.
(b) The department reservoir releases manager
					 shall be responsible for conducting studies in order to:
(1) establish appropriate procedures for
					 making graduated releases from the Cannonsville reservoir; and
(2) provide a technical data base for
					 resolving such problems and issues associated with the release of water from
					 Cannonsville, Pepacton and Neversink reservoirs as may be identified. The
					 department reservoir releases manager shall consult with the city reservoir
					 releases manager regarding such studies.