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 4 - DELAWARE RIVER DRAINAGE BASIN › Part 815 - DELAWARE RIVER DRAINAGE BASIN › Section 815.4 - Special conditions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
					 streams and 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, 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 indicaed in
					 table I and the aforementioned special conditions statements, 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 Environmental
					 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 1260 of article 12 of the Public
					 Health Law provides that the Water Pollution Control Law shall not abridge or
					 alter rights of other authorities such as provided by watershed rules and
					 regulations.
(1) In regard to adoption of
					 classifications and standards of water quality under article 12 of the pubic
					 [public] Health 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 Water Resources
					 Commission 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 12 of the Public Health 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 Water Supply, Gas
					 and Electricity, as approved by the State Commissioner of Health, will apply in
					 accordance with law, and the adoption of the classifications herein by the
					 Water Resources Commission and the enforcement thereof by the State
					 Commissioner of Health 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 Water Supply, Gas and Electricity.