reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter B - Water Quality Regulations › Part 860 - Water Quality Standards For The Delaware River Basin (article 3) › Interstate Streams-Tidal › Section 860.28 - Zone 3

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Description.
					 Zone 3 is that part of the Delaware River extending from RM 108.4 to RM 95.0
					 below the mouth of Big Timber Creek, including the tidal portions of the
					 tributaries thereof.
(b) Water uses
					 to be protected. The quality of zone 3 waters shall be maintained in a safe and
					 satisfactory condition for the following uses:
(1)
(i)
					 public water supplies after reasonable treatment;
(ii) industrial water supplies after
					 reasonable treatment;
(iii)
					 agricultural water supplies;
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter B - Water Quality Regulations › Part 860 - Water Quality Standards For The Delaware River Basin (article 3) › Interstate Streams-Tidal › Section 860.29 - Zone 4

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Description.
					 Zone 4 is that part of the Delaware River extending from RM 95.0 to RM 78.8,
					 the Pennsylvania-Delaware boundary line, including the tidal portions of the
					 tributaries thereof.
(b) Water uses
					 to be protected. The quality of zone 4 waters shall be maintained in a safe and
					 satisfactory condition for the following uses:
(1) industrial water supplies after
					 reasonable treatment;
(2)
(i) maintenance of resident fish and other
					 aquatic life;
(ii) passage of
					 anadromous fish;
(iii)
					 wildlife;
(3)
(i) recreation-secondary contact above R.M.
					 81.8; and
(ii) recreation below
					 R.M. 81.8; and
(4)
					 navigation.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter B - Water Quality Regulations › Part 860 - Water Quality Standards For The Delaware River Basin (article 3) › Interstate Streams-Tidal › Section 860.30 - Zone 5

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Description.
Zone 5 is that part of the Delaware River extending from
						RM 78.8 to RM 48.2, Liston Point, including the tidal portions of the
						tributaries thereof.
(b)
Water uses to be protected.
The quality of zone 5 waters shall be maintained in a
						safe and satisfactory condition for the following uses:
(1) industrial water supplies after
					 reasonable treatment;
(2)
(i) maintenance of resident fish and other
					 aquatic life;
(ii) propagation of
					 resident fish from RM 70.0 to RM 48.2;
(iii) passage of anadromous fish;
(iv) wildlife;
(3) recreation; and
(4) navigation.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter B - Water Quality Regulations › Part 860 - Water Quality Standards For The Delaware River Basin (article 3) › Interstate Streams-Tidal › Section 860.31 - Zone 6

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Description.
					 Zone 6 is Delaware Bay extending from RM 48.2 to RM 0.0, the Atlantic Ocean,
					 including the tidal portions of the tributaries thereof.
(b) Water uses to be protected. The quality
					 of zone 6 waters shall be maintained in a safe and satisfactory condition for
					 the following uses:
(1) industrial water
					 supplies after reasonable treatment;
(2)
(i)
					 maintenance and propagation of resident fish and other aquatic life;
(ii) maintenance and propagation of
					 shellfish;
(iii) passage of
					 anadromous fish;
(iv)
					 wildlife;
(3)
					 recreation; and
(4)
					 navigation.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter B - Water Quality Regulations › Part 860 - Water Quality Standards For The Delaware River Basin (article 3) › Ground Water-Basinwide › Section 860.32 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
These regulations shall apply to the ground water of the
						Delaware River Basin.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter B - Water Quality Regulations › Part 860 - Water Quality Standards For The Delaware River Basin (article 3) › Ground Water-Basinwide › Section 860.33 - Description

Current through Register Vol. 46, No. 28, July 10, 2024
Ground water shall include all water beneath the surface
						of the ground.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter B - Water Quality Regulations › Part 860 - Water Quality Standards For The Delaware River Basin (article 3) › Ground Water-Basinwide › Section 860.34 - Water uses

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The quality of
					 ground water shall be maintained in a safe and satisfactory condition, except
					 where such uses are precluded by natural quality, for use as:
(1) domestic, agricultural, industrial and
					 public water supplies; and
(2) a
					 source of surface water suitable for recreation, wildlife, fish and other
					 aquatic life.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter B - Water Quality Regulations › Part 860 - Water Quality Standards For The Delaware River Basin (article 3) › Ground Water-Basinwide › Section 860.35 - Ground water quality objectives

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Limits. The ground waters of the basin shall not contain substances or
					 properties attributable to the activities of man in concentrations or amounts
					 sufficient to endanger or preclude the water uses to be protected.
(1) Within this requirement, the ground
					 waters shall be free from substances or properties in concentrations or
					 combinations which are toxic or harmful to human, animal, plant, or aquatic
					 life, or that produce color, taste or odor of the waters.
(2) Concentrations at any point shall not be
					 degraded by the activities of man to exceed values specified by current U.S.
					 Public Health Service Drinking Water Standards.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter B - Water Quality Regulations › Part 860 - Water Quality Standards For The Delaware River Basin (article 3) › Ground Water-Basinwide › Section 860.36 - Ground water quality control

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Controls. The processing, handling, transportation, disposal, storage,
					 excavation or removal of any solid, liquid, or gaseous material on or beneath
					 the ground surface of the basin shall be conducted in such manner and with such
					 facilities, in accordance with such regulations and requirements as the
					 commission may prescribe, as to prevent any of the criteria or requirements of
					 this section from being violated.
(b) Limitations.
(1) No substances or properties which are in
					 harmful or toxic concentrations or that produce color, taste or odor of the
					 water shall be permitted or induced by the activities of man to become ground
					 water.
(2) Heat discharges which
					 may adversely affect ground water shall be regulated by the
					 commission.
(3) Notwithstanding any
					 other criteria or requirements of this section, the commission may establish
					 requirements, conditions, or prohibitions which, in its judgment, are necessary
					 to protect ground water quality.
(4) Certain activities otherwise prohibited
					 by subdivision (a) of this section, such as approved solid or liquid waste
					 disposal systems or fertilizer applications for farming practices, may be
					 permitted subject to such requirements as may be prescribed.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter B - Water Quality Regulations › Part 861 - Application Of Standards (article 4) › Section 861.1 - Water uses

Current through Register Vol. 46, No. 28, July 10, 2024
Protected water uses are as prescribed by the comprehensive
					 plan. In the interpretation and application of the standards and these
					 regulations, the purpose of protection of such water uses shall control the
					 meaning. It is the further purpose of this Subchapter to preserve and protect
					 the quality of basin waters in a safe and adequate condition for the uses
					 specified in the comprehensive plan.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter B - Water Quality Regulations › Part 861 - Application Of Standards (article 4) › Section 861.2 - Water quality criteria

Current through Register Vol. 46, No. 28, July 10, 2024
Stream quality objectives as set forth in the standards
					 shall be the criteria under these regulations.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter B - Water Quality Regulations › Part 861 - Application Of Standards (article 4) › Section 861.3 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
It is the purpose and intent of the stream quality
					 objectives specified in the comprehensive plan to apply to artificial
					 (man-made, as opposed to natural) causes of pollution.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter B - Water Quality Regulations › Part 861 - Application Of Standards (article 4) › Section 861.4 - Additional specifications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  standards have set limits for most of the significant and commonly used
				  indicators which are pertinent to water quality management in the basin. When a
				  need arises, or upon application to the commission, additional indicators and
				  limits will be defined.
(b)
Background, total dissolved solids.
The following background levels of total dissolved solids
					 shall be utilized for the specified zones of the Delaware River:
Zone
T.D.S.
1A
75 mg/l
1B
90 mg/l
1C
90 mg/l
1D
90 mg/l
1E
200 mg/l
2
200 mg/l
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter B - Water Quality Regulations › Part 861 - Application Of Standards (article 4) › Section 861.5 - Water quality measurements

Current through Register Vol. 46, No. 28, July 10, 2024
Water quality shall be measured outside of mixing areas
					 when such areas have been designated for particular
					 discharges.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter B - Water Quality Regulations › Part 861 - Application Of Standards (article 4) › Section 861.6 - Tributaries to interstate waters

Current through Register Vol. 46, No. 28, July 10, 2024
Waste discharged into, or permitted to flow into or be
					 placed in any intrastate tributary of interstate waters shall be treated to
					 such extent as may be necessary:
(a)
				  to maintain the waters of such intrastate tributary, immediately above its
				  confluence with such interstate waters, in a condition at least equal to the
				  water quality criteria specified for the receiving interstate waters;
(b) so that the assimilation of such waste by
				  the interstate waters will not result in a violation of such water quality
				  criteria.
(1) For the purposes of establishing
				  wasteload allocations for toxic pollutants for the Delaware River Estuary, the
				  lower of the 95th percentile of the available date at the appropriate criteria
				  duration, or the water quality criterion at or above the head of the tide shall
				  be used to establish boundary conditions.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter B - Water Quality Regulations › Part 861 - Application Of Standards (article 4) › Section 861.6A - Application of criteria for toxic pollutants

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Delaware River estuary.
(1) In establishing wasteload allocations and
				  other effluent requirements, exceedances of stream quality objectives for the
				  protection of aquatic life from acute effects may be permitted in small areas
				  near outfall structures, provided that all of the following requirements are
				  met.
(i) As a guideline, the dimensions of
				  the area where objectives are exceeded should be limited to the more stringent
				  of the following restrictions:
(a) a distance
				  of 50 times the discharge length scale in any direction from the outfall
				  structure; or
(b) a distance of
				  five times the local water depth in any direction from the outfall
				  structure.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter B - Water Quality Regulations › Part 861 - Application Of Standards (article 4) › Effluent Quality Requirements › Section 861.7 - Prohibited discharges

Current through Register Vol. 46, No. 28, July 10, 2024
No person, firm, partnership, corporation, association or
						other entity, including any of the signatory parties, any political
						subdivision, agency, department or instrumentality of any of them, shall cause
						or permit any pollution or violate the effluent quality requirements or
						allocations of stream assimilative capacity imposed by or determined pursuant
						to this Subchapter.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter B - Water Quality Regulations › Part 861 - Application Of Standards (article 4) › Effluent Quality Requirements › Section 861.8 - Oxygen demand

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Biochemical
					 oxygen demand. The biochemical oxygen demand (BOD) shall mean the oxygen
					 utilized during the first five days of aerobic decomposition at 20° C
					 consistent with the latest edition of Standard Methods for the Examination of
					 Water and Wastewater, published jointly by the American Public Health
					 Association, the American Water Works Association, and the Water Pollution
					 Control Federation.
(b)
					 Carbonaceous oxygen demand. The carbonaceous oxygen demand of wastes forms the
					 basis of allocating the capacity of the receiving waters to assimilate the
					 oxygen demand generated by the waste discharges. The carbonaceous, or first
					 stage, oxygen demand is defined as the oxygen utilized in the carbonaceous
					 reaction, as distinguished from that utilized in the nitrogenous or second
					 stage reaction. The carbonaceous oxygen demand is calculated by projecting the
					 logarithmic rate of carbonaceous oxidation to completion.
(c) Nitrogenous oxygen demand. The commission
					 will consider the nitrogenous demand of wastes, which generates a further gross
					 oxygen demand upon the receiving waters, in establishing treatment requirements
					 where appropriate.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter B - Water Quality Regulations › Part 861 - Application Of Standards (article 4) › Effluent Quality Requirements › Section 861.9 - Minimum treatment

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 General.
(1) All wastes shall be treated to
					 remove practically all suspended solids and shall receive such additional
					 treatment as determined by the commission upon consideration of the waste
					 assimilative capacity of the receiving stream and as required to meet the
					 limitations of Part 860 of this Title.
(2) Wastes containing biodegradable matter
					 shall receive a minimum of secondary treatment as defined in the
					 standards.
(3) Biodegradable and
					 other waste matter to be treated or reduced shall not include that incorporated
					 in influent waters, unless special circumstances as determined by the
					 commission require such inclusion.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter B - Water Quality Regulations › Part 861 - Application Of Standards (article 4) › Effluent Quality Requirements › Section 861.10 - Effective disinfection

Current through Register Vol. 46, No. 28, July 10, 2024
Effective disinfection is defined as the destruction of
						pathogenic organisms. Since isolation of pathogenic organisms in water is not
						routine, the test for the fecal coliform group of organisms will be used as an
						indicator.
(a) Coliform requirement.
					 Effective disinfection means the treatment of wastes such that the number of
					 organisms of the fecal coliform group remaining after treatment does not
					 exceed:
(1) 200 per 100 milliliters as a
					 geometric average;
(2) 1,000 per
					 100 milliliters in more than 10 percent of the samples taken over a period of
					 30 consecutive days.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter B - Water Quality Regulations › Part 861 - Application Of Standards (article 4) › Effluent Quality Requirements › Section 861.11 - Other substances in effluent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Color. For municipal, industrial, or
					 sanitary wastes, the effluent:
(1) shall not
					 impart objectionable color to the receiving waters;
(2) shall not exhibit more than:
(i) true color of 100 units on the platinum
					 cobalt scale, or its equivalent; or
(ii) the natural color of the receiving
					 waters, whichever is greater.
(iii)
					 a true color intensity greater than specified in subparagraph (i) or (ii) of
					 this paragraph may be permitted when it is demonstrated that:
(a) the maximum practicable treatment will be
					 provided; and
(b) rapid dispersion
					 will take place; and
(c) the
					 natural color characteristics of the receiving waters will be
					 protected.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter B - Water Quality Regulations › Part 861 - Application Of Standards (article 4) › Effluent Quality Requirements › Section 861.12 - Temperature

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Trout
					 waters.
In waters classified for trout use the discharge of waste
						effluent shall not increase the ambient temperature of the receiving waters by
						more than 5°F (2.8°C) until stream temperatures reach 50°F
						(10.0°C), nor by more than 2°F (1.1°C) when stream temperatures are
						between 50°F (10.0°C) and 58°F (14.4°C), nor shall such
						discharge result in stream temperature exceeding 58°F (14.4°C), which
						temperatures shall be measured in the stream outside of heat dissipation areas
						as described in subdivision (f) of this section.
(b)
Other nontidal waters.
In nontidal waters other than described in subdivision
						(a) of this section, the discharge of waste effluents shall not increase the
						ambient temperature of the receiving waters by more than 5°F (2.8°C),
						nor shall such discharge result in stream temperature exceeding 87°F
						(30.6°C), which temperatures shall be measured in the stream outside of
						heat dissipation areas as described in subdivision (f) of this section.
(c)
Zones 2, 3 and 4.
The induced temperature increase shall not exceed 5°F
						(2.8°C) above the average 24-hour temperature gradient displayed during the
						1961-1966 period, or a maximum of 86°F (30.0°C), whichever is less,
						which temperatures shall be measured outside of designated heat dissipation
						areas as described in subdivision (f) of this section.
(1) The average 24-hour temperature gradient
					 displayed during the 1961-1966 period may be interpolated from the following
					 table, which is based on available records:
Zone
								  2
Date
RM 133.4 to
									 108.4
RM 108.4 to
									 95.0
RM 95.0 to
									 78.8
(1)
(2a)
(2b)
(3a)
(3b)
(4a)
(4b)
°F
°C
°F
°C
°F
°C
Jan. 1
37
2.8
41
5.0
42
5.6
Feb. 1
35
1.7
35
1.7
36
2.2
March 1
38
3.3
38
3.3
40
4.4
April 1
46
7.8
46
7.8
47
8.3
May 1
58
14.4
58
14.4
58
14.4
June 1
71
21.7
71
21.7
72
22.2
July 1
79
26.1
79
26.1
80
26.7
Aug. 1
81
27.2
81
27.2
81
27.2
Sept. 1
78
25.6
79
26.1
78
25.6
Sept. 15
76
24.4
77
25.0
76
24.4
Oct. 1
70
21.1
70
21.1
70
21.1
Nov. 1
59
15.0
61
16.1
60
15.6
Dec. 1
46
7.8
50
10.0
50
10.0
Dec. 15
40
4.4
45
7.2
45
7.2
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter B - Water Quality Regulations › Part 861 - Application Of Standards (article 4) › Effluent Quality Requirements › Section 861.13 - Allocation of capacity

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Basinwide.
Where necessary to maintain stream quality objectives or
						protect water uses in a given zone, the waste assimilative capacity of the
						receiving waters shall be allocated by the commission among individual
						dischargers in accordance with the doctrine of equitable apportionment.
(1) Commission procedure.
(i) Whenever the commission determines that
					 allocations of a stream's waste assimilative capacity are necessary in a zone,
					 the executive director shall find and determine an allocation for each waste
					 discharge in that zone.
(ii) Such
					 determination shall be governed by the
Commission's Rules of Practice
					 and Procedure
relating to review, hearing and decision of objections
					 thereto.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter B - Water Quality Regulations › Part 861 - Application Of Standards (article 4) › Effluent Quality Requirements › Section 861.14 - Tests, sampling and analysis procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Records.
(1) Adequate records shall be kept by the
					 discharger of the operation of each facility which discharges waste effluents
					 to basin waters, as required by the member pollution control agencies, or as
					 may be required by the commission.
(2) Such records shall be made available to
					 the commission upon request of the executive director.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter B - Water Quality Regulations › Part 861 - Application Of Standards (article 4) › Effluent Quality Requirements › Section 861.15 - Other considerations

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Intrastate tributaries. In addition to the requirements of this Article,
					 effluent quality requirements on intrastate tributaries shall include such
					 regulations as the state in which the tributary is located may impose in order
					 to comply with the water quality criteria provided by section
					 861.6 of this Part.
(b) Operations.
(1)
(i)
					 Waste treatment operations, except disinfection, shall not be curtailed at any
					 time of the year.
(ii) The
					 capability to resume disinfection, upon reasonable notice not to exceed 15
					 days, shall be maintained.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter B - Water Quality Regulations › Part 861 - Application Of Standards (article 4) › Ground Water Quality Requirements › Section 861.21 - Prohibited activities

Current through Register Vol. 46, No. 28, July 10, 2024
No person, firm, partnership, corporation, association or
						other entity, including any of the signatory parties, any political
						subdivision, agency, department or instrumentality of any of them, shall cause
						or permit any pollution of ground waters or violate the ground water quality
						objectives or control requirements imposed by or determined pursuant to this
						section or Part 860 of this Title.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter B - Water Quality Regulations › Part 861 - Application Of Standards (article 4) › Ground Water Quality Requirements › Section 861.22 - Enforcement procedures

Current through Register Vol. 46, No. 28, July 10, 2024
The enforcement procedure of this Part with respect to
						effluent quality requirements for discharges shall be deemed applicable to the
						enforcement of this section and Part 860 of this Title. For the purposes
						thereof, the word discharger as used in this Part, includes any party affected
						by this section.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter B - Water Quality Regulations › Part 861 - Application Of Standards (article 4) › Enforcement Procedures › Section 861.28 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
These regulations will be enforced with respect to
						effluent quality requirements in accordance with this section. It is intended
						that such enforcement procedures will be administered with due recognition of
						the laws and requirements of the signatory parties, and with the utilization to
						the maximum practical extent of the functions, powers and duties of water
						pollution control agencies of the signatory parties in accordance with
						administrative agreements which may be entered into by and between the
						commission and such agencies.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter B - Water Quality Regulations › Part 861 - Application Of Standards (article 4) › Enforcement Procedures › Section 861.29 - Abatement schedules and permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Abatement schedules approved by the
					 commission prior to October 1, 1973, shall be referred to the appropriate
					 agency of the signatory parties, respectively, for all further
					 proceedings.
(b) On and after
					 October 1, 1973, each discharger shall comply with the requirements for an
					 abatement schedule under the laws and regulations of the appropriate signatory
					 parties.
(c) A copy of each
					 abatement schedule and permit, and any revision or amendment thereof, shall be
					 promptly filed with the commission by the agency of the signatory party issuing
					 it.
(d) Each agency of a signatory
					 party which issues or approves an abatement schedule or a discharge permit
					 relating to waters of the basin shall provide for the use of the commission an
					 annual report of such actions including the progress of abatement measures
					 thereunder, in such form as the executive director may request.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter B - Water Quality Regulations › Part 861 - Application Of Standards (article 4) › Enforcement Procedures › Section 861.30 - Waste load allocations

Current through Register Vol. 46, No. 28, July 10, 2024
Waste load allocations will be made by the executive
						director in accordance with these regulations. Every allocation shall be
						met:
(a) by an existing waste
					 treatment facility;
(b) in
					 accordance with an abatement schedule duly adopted and approved by a signatory
					 party, with respect to an existing project; and
(c) at all times with respect to a new
					 project.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter B - Water Quality Regulations › Part 861 - Application Of Standards (article 4) › Enforcement Procedures › Section 861.31 - Inspection and surveillance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 commission, its officers, agents and employees may inspect the operations of
					 waste treatment and in-plant control facilities of any waste discharger and may
					 install, operate and maintain facilities for monitoring and surveillance of
					 effluents as well as water quality objectives.
(b) Provision for such monitoring and
					 surveillance shall be deemed to be part of every order, determination, or
					 permit of the commission approving an allocation or an abatement schedule for
					 any waste discharger.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter B - Water Quality Regulations › Part 861 - Application Of Standards (article 4) › Enforcement Procedures › Section 861.32 - Noncompliance; notice

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Whenever the
					 executive director determines that there is cause to conclude that a waste
					 discharger may be in violation of these regulations, the director shall serve
					 upon the waste discharger a notice of hearing, requiring the waste discharger
					 to show cause within 20 days thereafter, at a hearing to be conducted by a
					 hearing officer designated by the director, why a citation for noncompliance
					 should not be issued.
(b) Following
					 the hearing, the officer shall determine whether the waste discharger is in
					 fact in violation of these regulations and upon such findings shall recommend
					 to the executive director an appropriate determination.
(c) If the executive director determines that
					 the waste discharger is in violation, he shall cause to be issued and served
					 upon the waste discharger a citation for noncompliance.
(d) A copy of the citation shall also be
					 served and filed with the water pollution control agency of the signatory state
					 in which the violation occurs.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter B - Water Quality Regulations › Part 861 - Application Of Standards (article 4) › Enforcement Procedures › Section 861.33 - Order of abatement; sanctions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Order. An order of abatement shall be issued by the executive director,
					 following a citation for noncompliance, whenever:
(1) the state pollution control agency has
					 not taken appropriate and timely action to obtain compliance; or
(2) there is a disagreement between two or
					 more states regarding satisfactory compliance by a waste discharge;
					 or
(3) a waste discharge involves a
					 federally owned or operated facility; or
(4) there is doubt or conflict of
					 jurisdiction among the states.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter B - Water Quality Regulations › Part 861 - Application Of Standards (article 4) › Interpretive Guideline No. 1 › Section 861.34 - Interpretive Guideline No. 1

Current through Register Vol. 46, No. 28, July 10, 2024
On January 26, 1972, the Delaware River Basin Commission
						adopted Interpretive Guideline No. 1, as Resolution No. 72-1, directing that
						the following numerical definitions be used as guidelines by the commission
						staff in administering sections
						860.3(a),
						860.4(a), (c),
						and (d) of this Part of the Water Quality Standards, and that they be
						administered in accordance with the procedures of the Basin Regulations-Water
						Quality.
(a)
Stream quality
					 objectives.
(1) Limits.
(i) Toxic substances. The following limits
					 shall apply in basin waters other than zones 2, 3, 4 and 5.
(a) The concentration of a toxic substance in
					 basin waters shall not exceed one twentieth of the TL50
					 value at 96 hours, as determined by appropriate bioassays, except in designated
					 mixing areas. Criteria for combinations of toxic substances will be based upon
					 the same principle.
(b) The
					 substances listed below shall not exceed the specified limits or one twentieth
					 of the TL20 value at 96 hours, whichever is lower.
Limit mg/l
Arsenic
0.05
Barium
1.0
Cadmium
0.01
Chromium (hexavalent)
0.05
Lead
0.05
Mercury
0.005
Selenium
0.01
Silver
0.05
(c) The concentration of a persistent
					 pesticide* in basin waters shall not exceed one one
					 hundredth of the TL50 value at 96 hours, as determined
					 by appropriate bioassay.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter C - Flood Plain Regulations › Part 870 - Generally › Section 870.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of this Part, except as otherwise required
					 by the context:
(a)
Project
means the same word as defined by section
				  1.2(g) of the
				  Compact.
(b)
Floodway
means the channel of the water course and those
				  portions of the adjoining flood plains which are reasonably required to carry
				  and discharge the regulatory flood. For this purpose the limit of the floodway
				  shall be established by allowing not more than a one-foot rise of the water
				  surface elevation of the regulatory flood as a result of encroachment. Wherever
				  practical, equal conveyance reduction from each side of the flood plain shall
				  be used. (See Figure 1)
Click
					 to view image
(c)
Flood fringe
means that portion of the flood hazard area
				  outside the floodway.
(d)
Flood hazard area
means the area inundated by the regulatory
				  flood.
(e)
Flood
				  plain
means the area adjoining the channel of a stream which has been
				  or hereafter may be covered by flood water.
(f)
Floodproofing
means any
				  combination of structural and nonstructural additions, changes, or adjustments
				  to properties and structures which reduce or eliminate flood damage to lands,
				  water and sanitary facilities, structures and contents of buildings.
(g)
Flood protection
				  elevation
means one foot above the elevation of the flood that has a
				  one percent chance of occurring in any one year. (The 100-year
				  flood.)
(h)
Major
				  tributary
means the mainstem of the following streams:
Pennsylvania
Delaware
New York
New Jersey
Brandywine Creek
Brandywine Creek
East Branch
Assunpink
Brodhead Creek
Christina
Mongaup
Musconetcong
Big Bushkill Creek
Neversink
Paulins Kill
Lackawaxen
West Branch
Rancocas
Lehigh
Pequest
Schuylkill
Neshaminy
(i)
Official flood plain map
means a map showing the flood plain
				  area of a community prepared pursuant to the National Flood Insurance Act, or a
				  map recognized by the executive director as meeting equivalent hydraulic or
				  engineering criteria.
(j)
Regulatory flood
means the flood which has a one percent
				  change of occurring in any one year. (The 100-year flood.)
(k)
Structure
means any
				  assembly of material above or below the surface of land or water, including,
				  but not limited to, buildings, dams, fills, levees, bulkheads, dikes, jetties,
				  embankments, causeways, culverts, roads, railroads and
				  bridges.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter C - Flood Plain Regulations › Part 870 - Generally › Section 870.3 - Purpose and findings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  commission hereby finds and determines that the use of flood plains is affected
				  with a public interest due to:
(1) The danger
				  to life and property due to increased flood heights or velocities caused by
				  encroachments.
(2) The danger that
				  materials may be swept onto other lands or downstream to the injury of
				  others.
(3) The requirements of a
				  facility for a waterfront location.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter C - Flood Plain Regulations › Part 871 - Types Of Projects And Jurisdiction › Section 871.1 - Class I projects

Current through Register Vol. 46, No. 28, July 10, 2024
Projects described in subdivisions (a) and (b) of this
					 section shall be subject to review by the commission under standards provided
					 by this Part and in accordance with the provisions of Part 872 of this Title,
					 as follows:
(a) All projects subject
				  to review by the commission under section
				  3.8 of the Compact and the
				  regulations thereunder.
(b) State
				  and local standards of flood plain regulation.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter C - Flood Plain Regulations › Part 871 - Types Of Projects And Jurisdiction › Section 871.2 - Class II projects

Current through Register Vol. 46, No. 28, July 10, 2024
Class II projects, subject to review in accordance with
					 Part 873 of this Title, include all projects other than class I projects, in
					 nontidal areas of the basin, which involve either:
(a) a development of land, either residential
				  or nonresidential within a flood hazard area which:
(1) includes one or more structures covering
				  a total land area in excess of 50,000 square feet; or
(2) contains in excess of 25 residential
				  building lots or 25 dwelling units as part of an integrated development plan
				  whether or not such development is included in a single application;
				  or
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter C - Flood Plain Regulations › Part 872 - Standards › Section 872.1 - Regulations generally

Current through Register Vol. 46, No. 28, July 10, 2024
The uses of land within a flood hazard area shall be
					 subject to regulation within one of the following categories:
(a) prohibited uses;
(b) permitted uses generally; and
(c) uses by special permit.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter C - Flood Plain Regulations › Part 872 - Standards › Section 872.2 - Prohibited uses

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within the
				  floodway, except as permitted by special permit, the following uses are
				  prohibited:
(1) Erection of any structure for
				  occupancy at any time by humans or animals.
(2) Placing, depositing or dumping any spoil,
				  fill or solid waste.
(3)
				  Stockpiling or disposal of pesticides, domestic or industrial waste,
				  radioactive materials, petroleum products or hazardous material which, if
				  flooded, would pollute the waters of the basin.
(4) The storage of equipment or of buoyant
				  materials, except for purposes of public safety.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter C - Flood Plain Regulations › Part 872 - Standards › Section 872.3 - Permitted uses generally

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within
				  the floodway, the following uses are permitted to the extent that they do not
				  require structures, fill or storage of materials or permanently installed
				  equipment, and do not adversely affect the capacity of the floodway:
(1) agricultural uses such as general
				  farming, livestock and dairy farming, horticulture, truck farming, sod farming,
				  forestry, wild crop harvesting, and normal operating practices associated
				  therewith;
(2)
				  industrial-commercial uses such as loading areas, parking areas and airport
				  landing strips;
(3) private and
				  public recreational uses such as golf courses, driving ranges, archery ranges,
				  picnic grounds, boat launching ramps, swimming areas, parks, wildlife and
				  nature preserves, game farms, shooting preserves, target ranges, trap and skeet
				  ranges, hunting and fishing areas, hiking and horseback riding trails;
				  and
(4) uses such as lawns,
				  gardens, parking areas and play areas.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter C - Flood Plain Regulations › Part 872 - Standards › Section 872.4 - Uses by special permit

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within the
				  floodway, the following uses by special permit may be authorized under the
				  standards provided:
(1) uses or structures
				  accessory to open space use;
(2)
				  circuses, carnivals and similar transient enterprises;
(3) drive-in theaters, signs and
				  billboards;
(4) extraction of sand,
				  gravel and other nontoxic materials;
(5) marinas, boat liveries, docks, piers,
				  wharves and water control structures;
(6) fish hatcheries; and
(7) railroads, streets, bridges, utility
				  transmission lines and pipelines.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter C - Flood Plain Regulations › Part 873 - Administration › Section 873.1 - Administrative agency

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Class I
				  projects, as defined by section
				  871.1 of this Title, shall be
				  subject to review and approval by the commission.
(b) Class II projects, as defined by section
				  871.2 of this Title, shall be
				  subject to review and approval by a duly empowered State or local agency; and
				  if there be no such State or local agency, at any time on and after January 1,
				  1978, and only during such time, the commission may review any such project
				  which has been identified by the executive director as having special flood
				  hazards; and
(1) is located along the
				  mainstem Delaware River or a major tributary thereof; or
(2) an agency of a signatory party requests
				  such review.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter C - Flood Plain Regulations › Part 873 - Administration › Section 873.2 - Special permits

Current through Register Vol. 46, No. 28, July 10, 2024
A special permit may be granted, or granted on stated
					 conditions, provided:
(a) There is a
				  clear balance in favor of the public interest in terms of the following
				  environmental criteria:
(1) the importance of
				  a facility to the community;
(2)
				  the availability of alternative locations not subject to flooding for the
				  proposed use;
(3) the compatibility
				  of the proposed use with existing development and development anticipated in
				  the foreseeable future;
(4) the
				  relationship of the proposed use to any applicable comprehensive plan or flood
				  plain management program for the area;
(5) the safety of access to the property in
				  times of flood for ordinary and emergency vehicles;
(6) the expected heights, velocity, duration,
				  rate of rise and sediment transport of the flood water expected at the
				  site;
(7) the degree to which the
				  proposed activity would alter natural water flow or water
				  temperature;
(8) the degree to
				  which archaeological or historic sites and structures, endangered or rare
				  species of animals or plants, high quality wildlife habitats, scarce vegetation
				  types, and other irreplaceable land types would be degraded or destroyed;
				  and
(9) the degree to which the
				  natural, scenic and aesthetic values at the proposed activity site could be
				  retained.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter C - Flood Plain Regulations › Part 873 - Administration › Section 873.3 - Technical standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Standards used by State and local governments shall conform in principle to
				  commission standards, but may vary in detail provided that resulting flood
				  plain use will not be less restrictive than would result from the application
				  of commission standards. The commission will review proposed State and local
				  flood plain regulations to determine their compliance with commission
				  standards.
(b) Because of the
				  variety and diversity of presently recognized hydrologic procedures, no one
				  procedure or method is prescribed for determining the peak flow in cubic feet
				  per second for the 100-year storm (Q 100) on which profiles for the delineation
				  of flood hazard areas are based. The following may be used:
(1) A Uniform Technique for Determining Flood
				  Flow Frequencies, Bulletin No. 15, Water Resources Council, December
				  1967.
(2) Basin-Wide Program for
				  Flood Plain Delineation, Delaware River Basin Commission, Anderson-Nichols
				  & Co., Inc., June 1973.
(3)
				  Magnitude and Frequency of Floods in New Jersey with Effects of Urbanization,
				  Special Report 38 U.S.G.S., New Jersey Department of Environmental Protection,
				  1974.
(4) Guidelines for
				  Determining Flood Flow Frequency, Bulletin No. 17, Water Resources Council,
				  March 1976.
State and local agencies may use methods resulting in Q
					 100's which are in reasonable agreement with those of the commission. Any
					 significant difference shall be reviewed with and subject to approval by the
					 executive director.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter C - Flood Plain Regulations › Part 873 - Administration › Section 873.4 - Mapped and unmapped delineations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Whenever an official flood plain map
				  providing the pertinent information is available with respect to a given
				  project, the map shall be used for the delineation of the flood hazard area,
				  floodway, flood fringe and determination of flood protection
				  elevation.
(b) Whenever an official
				  flood plain map providing the required information is not available with
				  respect to a given project, the administrative agency shall require the project
				  landowner to submit details concerning the proposed uses as needed to determine
				  the floodway and flood fringe limits at the proposed site, including:
				  cross-sections of the stream channel and overbanks, stream profile, and factors
				  involved in determining obstructions to flow. From the data submitted, soil
				  surveys, historic flood maps, high water marks and other empirical data, the
				  applicant, subject to verification by the administrative agency, shall
				  calculate flood hazard areas and establish the flood protection elevation for
				  the particular site.
(c) Pending
				  the preparation and completion of flood plain mapping, a "general flood plain"
				  area shall be prescribed by the administrative agency to delineate for public
				  guidance the areal limits of site locations which are required to be submitted
				  for review under this Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter C - Flood Plain Regulations › Part 874 - Enforcement › Section 874.1 - General conditions

Current through Register Vol. 46, No. 28, July 10, 2024
On and after January 1, 1978, where:
(a) the flood hazard at the site is clear,
				  present and significant, or the local government having jurisdiction has
				  special flood hazard areas identified pursuant to the National Flood Insurance
				  Act; and
(b) the site is not
				  subject to an approved State or municipal regulatory system having the same or
				  similar effect on the flood hazard as this Part, the commission may condition
				  its approval on any local governmental project under section
				  3.8 of the Compact upon the
				  adoption and enforcement of flood plain regulations, approved hereunder, by the
				  State or local government having jurisdiction.