New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter B - CLASSES AND STANDARDS OF QUALITY AND PURITY ASSIGNED TO FRESH SURFACE AND TIDAL SALT WATERS › Article 11 - MOHAWK RIVER DRAINAGE BASIN SERIES › Part 879 - SCHOHARIE CREEK DRAINAGE BASIN › Section 879.4 - Special conditions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
					 streams or other bodies of water which appear as lines to indicate natural
					 waters on the reference maps herein, and which are not specifically designated
					 in table I, shall be assigned the same classes and standards of quality and
					 purity as the specifically designated waters to which they are directly
					 tributary.
(b) All streams or other
					 bodies of water which are not shown on the reference maps herein shall be
					 assigned to class D, as set forth in Part 701, supra, except that any
					 continuous flowing natural stream which is not shown on the reference maps
					 shall have the same classification and assigned standards as the waters to
					 which it is directly tributary.
(c)
					 Notwithstanding the items indicated in table I and the aforementioned special
					 conditions, (a) and (b), which, in some instances, may indicate assignment of
					 other than class A to streams tributary to New York City water supply
					 impoundments within lands owned by New York City, such waters within the
					 boundaries of lands owned by New York City shall be assigned to class A with
					 standards of quality and purity for class A.
(d) Notwithstanding the items indicated in
					 table I and the aforementioned special conditions statements which, in some
					 instances, may indicate assignment of classifications for waters contained
					 within the boundaries of the State-owned forest preserve lands and, therefore,
					 controlled under the provisions of the State Constitution and the Conservation
					 Law, such waters are hereby excluded from classification to the extent that any
					 part of such waters may be located within the boundaries of the State-owned
					 forest preserve lands. All waters within 100 feet of the boundaries of the
					 State-owned forest preserve lands shall be assigned to class A with standards
					 of quality and purity for class A.
(e) Section 17-1105  of the Environmental
					 Conservation Law provides that conflicting laws regarding water pollution
					 control shall be ancillary to and supplement the Environmental Conservation
					 Law, except if they are in direct conflict. Accordingly, the watershed rules
					 and regulations promulgated to protect certain water supply areas shall not be
					 abridged or altered.
(1) In regard to adoption
					 of classifications and standards of water quality under article 17 of the
					 Environmental Conservation Law, and in the enforcement of the provisions of
					 such article, it is recognized that any rules and regulations either made or
					 promulgated by the Department of Health under article 11 of the Public Health
					 Law for the protection from contamination of public water supplies, will apply
					 in accordance with law, and the adoption of classifications by the Department
					 of Environmental Conservation herein shall in no manner limit the protection of
					 waters afforded by said rules and regulations.
(2) In regard to adoption and enforcement of
					 classifications and standards of water quality under article 17 of the
					 Environmental Conservation Law for waters tributary to New York City water
					 supplies, it is recognized that any rules and regulations of the New York City
					 Board of Water Supply and the Department of Environmental Protection, as
					 approved by the State Commissioner of Health, will apply in accordance with
					 law, and the adoption of the classifications herein by the Department of
					 Environmental Conservation and the enforcement thereof by the State
					 Commissioner of Environmental Conservation in no manner shall limit or lessen
					 or abridge the protection afforded by said rules and regulations of the New
					 York City Board of Water Supply and Department of Environmental
					 Protection.