reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 128 - New York City › Subpart 128-2 - Standards And Procedures For Regulated Activities And Noncomplying Regulated Activities › Section 128-2.8 - Appeals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An applicant
					 may appeal a final determination issued by the department under these rules and
					 regulations by filing a petition in writing with the department and with the
					 New York City Office of Administrative Trials and Hearings (OATH) within 30
					 days of the date the determination was mailed. The petition shall state the
					 name and address of the petitioner and shall include a short and plain
					 statement of the matters to be adjudicated, identifying the approval or
					 variance sought by the petitioner with citation to the applicable provisions of
					 these rules and regulations, the regulated activity for which the department
					 issued the determination, the proposed location of the activity, and the date
					 of the department's determination. The petition should also indicate whether
					 the petitioner is requesting a hearing. A copy of the determination being
					 appealed shall be attached to the petition. In addition, a completed OATH
					 intake sheet shall be included with the petition. Blank intake sheets are
					 available from the department.
(b)
					 The following determinations are appealable:
(1) a denial of an application for approval
					 of a regulated activity;
(2) a
					 denial of an application for a variance;
(3) the imposition of a substantial condition
					 in an approval of a regulated activity; and
(4) the imposition of a substantial condition
					 in a grant of a variance.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 128 - New York City › Subpart 128-2 - Standards And Procedures For Regulated Activities And Noncomplying Regulated Activities › Section 128-2.10 - State environmental quality review act (seqra)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following activities are deemed by
					 the department to be Type II actions under SEQRA and its implementing
					 regulations, and the department shall not require an environmental impact
					 statement or any other determination or procedure under SEQRA for these
					 activities:
(1) Installation of a new
					 individual sewage treatment system on an individual lot which is not within a
					 subdivision, or within a subdivision which has been approved as of the
					 effective date of these rules and regulations.
(2) Any alteration or modification of an
					 existing individual sewage treatment system.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 128 - New York City › Subpart 128-3 - Regulated Activities › Section 128-3.1 - Pathogenic materials

Current through Register Vol. 46, No. 28, July 10, 2024
Unless otherwise permitted by these rules and
						regulations, a discharge, or storage which is reasonably likely to lead to a
						discharge, of pathogenic materials into the environment (including into
						groundwater), and which is reasonably likely to cause degradation of surface
						water quality or of the water supply, is prohibited. It shall be an affirmative
						defense under this section that such discharge, or storage likely to lead to a
						discharge, is either permitted or not prohibited under Federal law, and is
						either permitted or not prohibited under State law.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 128 - New York City › Subpart 128-3 - Regulated Activities › Section 128-3.3 - Radioactive materials

Current through Register Vol. 46, No. 28, July 10, 2024
Unless otherwise permitted by these rules and
						regulations, a discharge, or storage which is reasonably likely to lead to a
						discharge, of radioactive materials into the environment (including into
						groundwater), and which is reasonably likely to cause degradation of surface
						water quality or of the water supply, is prohibited. It shall be an affirmative
						defense under this section that such discharge, or storage likely to lead to a
						discharge, is either permitted or not prohibited under Federal law, and is
						either permitted or not prohibited under State law.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 128 - New York City › Subpart 128-3 - Regulated Activities › Section 128-3.5 - Human excreta

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Unless otherwise permitted by these rules and regulations, a discharge, or
					 storage which is reasonably likely to lead to a discharge, of human excreta
					 into the environment (including into groundwater), and which is reasonably
					 likely to cause degradation of surface water quality or of the water supply, is
					 prohibited. It shall be an affirmative defense under this subsection that such
					 discharge, or storage likely to lead to a discharge, is either permitted or not
					 prohibited under Federal law, and is either permitted or not prohibited under
					 State law.
(b) Emptying,
					 discharging or transferring the contents of a sewage vault or other sewage
					 receptacle into any watercourse, wetland, reservoir, reservoir stem, or
					 controlled lake is prohibited.
(c)
					 Transportable sewage receptacles shall have tightly fitting covers which shall
					 be securely fastened during transport.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 128 - New York City › Subpart 128-3 - Regulated Activities › Section 128-3.10 - Miscellaneous point sources

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Unless otherwise permitted by the rules and regulations, a discharge, or
					 storage which is reasonably likely to lead to a discharge into the environment
					 (including into groundwater), from industrial facilities, including vehicle
					 washing facilities, and which is reasonably likely to cause degradation of
					 surface water quality or of the water supply, is prohibited. It shall be an
					 affirmative defense under this subsection that such discharge, or storage
					 likely to lead to a discharge, is either permitted or not prohibited under
					 Federal law, and is either permitted or not prohibited under State
					 law.
(b) Any new point source,
					 excluding point sources otherwise regulated pursuant to these rules and
					 regulations, is prohibited from discharging into a reservoir or controlled
					 lake, reservoir stem, or wetland.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 128 - New York City › Subpart 128-3 - Regulated Activities › Section 128-3.11 - Solid waste

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Siting or
					 horizontal expansion of a junkyard or a municipal solid waste landfill, within
					 the limiting distance of 250 feet of a watercourse or wetland, or the siting or
					 horizontal expansion of a junkyard or a solid waste management facility within
					 the limiting distance of 1,000 feet of a reservoir, reservoir stem or
					 controlled lake is prohibited except for:
(1)
					 recyclable handling and recovery facilities that handle non-putrescible solid
					 waste, such as newspapers, magazines, corrugated boxes, glass, cans and
					 plastic, but not non-putrescible solid waste such as batteries, car batteries,
					 and waste oil;
(2) composting
					 facilities for individual households for personal use; or
(3) expansion of the existing permitted
					 municipal solid waste landfill located within Delaware County.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 128 - New York City › Subpart 128-3 - Regulated Activities › Section 128-3.12 - Agricultural activities

Current through Register Vol. 46, No. 28, July 10, 2024
Any intentional, knowing or reckless act or omission that
						in the course of an agricultural activity significantly increases pollutants in
						the water supply is prohibited.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 128 - New York City › Subpart 128-3 - Regulated Activities › Section 128-3.13 - Pesticides

Current through Register Vol. 46, No. 28, July 10, 2024
Unless otherwise permitted by these rules and
						regulations, the discharge or use, or storage of pesticides which is reasonably
						likely to lead to a discharge, of pesticides into the environment (including
						into groundwater), and which is reasonably likely to cause degradation of
						surface water quality or of the water supply, is prohibited. It shall be an
						affirmative defense under this subsection that such discharge, or storage
						likely to lead to a discharge, is either permitted or not prohibited under
						Federal law, and is either permitted or not prohibited under State
						law.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 128 - New York City › Subpart 128-3 - Regulated Activities › Section 128-3.14 - Fertilizers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 requirements of this section shall not apply to the application or storage of
					 fertilizers for:
(1) an agricultural activity
					 performed in compliance with State or Federal law; and
(2) non-commercial application by an
					 individual on residential premises.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 128 - New York City › Subpart 128-3 - Regulated Activities › Section 128-3.15 - Snow disposal and storage and use of winter highway maintenance materials

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Whenever
					 feasible removed snow shall not be disposed of directly into a watercourse,
					 wetland, reservoir, reservoir stem or controlled lake. However, this
					 subdivision shall not be construed to require an owner or operator to transport
					 the removed snow in a vehicle for offsite disposal.
(b) No snow disposal activity shall be
					 considered to be a noncomplying regulated activity.
(c) Commercial, industrial, governmental, or
					 institutional entities shall be restricted to the use of the substances defined
					 in these rules and regulations as winter highway maintenance materials and to
					 the use of the minimum amount needed of such substances in order to protect the
					 public safety. In determining the minimum amount needed for public safety, such
					 entities should consider best management practices developed by the New York
					 State Department of Transportation.
(d)
(1)
					 Commercial, industrial, governmental, or institutional entities that store
					 winter highway maintenance materials in quantities of 1,000 pounds or more that
					 contain greater than eight percent chloride compounds shall store such
					 materials in structures constructed on low permeability storage pads.
(2) Any outdoor areas used for loading,
					 handling or mixing of winter highway maintenance materials shall be constructed
					 and maintained to prevent seepage and runoff from entering any watercourse,
					 wetland, reservoir, reservoir stem or controlled lake.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 128 - New York City › Subpart 128-4 - Water Quality Standards For Reservoirs And Controlled Lakes › Section 128-4.1 - Water quality standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 water in all reservoirs, Lake Gilead, and Lake Gleneida, shall meet the
					 following standards of quality:
(1) Parts 701
					 (narrative standards) and 703 (standards applicable to Class AA waters) of
					 Title 6 NYCRR:
(i) for purposes of
					 determining compliance with this Subpart, the department shall take water
					 samples from the reservoirs; and
(ii) where total coliform standards exceed
					 the standards set forth in Parts 701 and 703 of Title 6 NYCRR, and are
					 determined by the department to be due to a non-perennial, non-anthropogenic
					 source, such exceedances shall not be included in calculating whether a
					 violation of these rules and regulations has occurred.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 128 - New York City › Subpart 128-5 - Enforcement › Section 128-5.1 - Enforcement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The city shall
					 enforce the rules and regulations set forth herein, in a manner consistent with
					 applicable Federal, State and local laws.
(b) The city may, in enforcing the rules and
					 regulations set forth herein, exercise all of its rights and remedies under
					 applicable Federal, State and local laws, including, but not limited to:
					 inspecting facilities engaging in regulated activities and sources of the water
					 supply in accordance with applicable Federal and State constitutional
					 requirements; issuing notices of violation or of intention to sue; instituting
					 civil or criminal actions; seeking injunctive relief and legal damages;
					 imposing penalties in accordance with Public Health Law, section
					 1103; and entering into consent orders and
					 agreements.
(c) Nothing contained
					 in these rules and regulations shall be construed as limiting the city's
					 ability to exercise any of its rights and remedies under any other law,
					 statute, rule, regulation, or order, including, but not limited to, the Federal
					 Water Pollution Control Act (a/k/a the Clean Water Act),
					 33 U.S.C. sections
					 1251 et seq.; the Comprehensive Environmental
					 Response, Compensation, and Liability Act,
					 42
					 U.S.C. sections 9601 et seq.; the Resource
					 Conservation and Recovery Act,
					 42 U.S.C. sections
					 6901 et seq.; the Oil Pollution Act,
					 33
					 U.S.C. sections 2701 et seq.; Federal
					 Insecticide, Fungicide and Rodenticide Act,
					 7
					 U.S.C. sections 136 et seq.; Toxic Substances
					 Control Act,
					 15 U.S.C. sections
					 2601 et seq.; New York State Public Health
					 Law; New York State Environmental Conservation Law; New York State Navigation
					 Law; New York State Department of Health septic system requirements (Appendix
					 75-A of this Title); New York State Real Property Actions and Proceedings Law;
					 and New York State Penal Law.
(d)
					 Upon completion of the requirements of the State Administrative Procedure Act
					 (SAPA) and the promulgation of these rules and regulations by the New York
					 State Department of Health as State rules and regulations, the requirements of
					 these rules and regulations may also be enforced by the Commissioner of the New
					 York State Department of Health.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 128 - New York City › Subpart 128-6 - Variances › Section 128-6.1 - Variances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 commissioner or the first deputy commissioner may, in his or her discretion,
					 upon written application from the applicant, grant a variance from the
					 requirements of these rules and regulations for a regulated activity and for
					 the alteration or modification of a noncomplying regulated activity.
(1) An application for a variance for a
					 regulated activity or for an alteration or modification of a noncomplying
					 regulated activity shall:
(i) identify the
					 specific provision of the rules and regulations from which the variance is
					 sought or identify the nature and extent of the alteration or modification of
					 the noncomplying regulated activity;
(ii) demonstrate that the variance requested
					 is the minimum necessary to afford relief;
(iii) demonstrate that the activity as
					 proposed includes adequate mitigation measures to avoid contamination to or
					 degradation of the water supply which are at least as protective of the water
					 supply as the standards for regulated activities set forth in these rules and
					 regulations; and
(iv) demonstrate
					 that for the proposed use or activity for which the variance is requested,
					 compliance with the identified provision of the rules and regulations would
					 create a substantial hardship due to site conditions or limitations.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 128 - New York City › Subpart 128-7 - Administration And Enforcement By Local Governments › Section 128-7.1 - Certification of administrative programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The local government of a town, city,
					 village or county may apply to the department, care of the engineering section
					 (see section
					 128-1.5  of
					 this Part), for certification of a program to administer specific provisions of
					 these rules and regulations.
(b) A
					 local government's proposed program for administration of specific provisions
					 of these rules and regulations may include processing and review of, and
					 determinations on, applications for approval of specific regulated
					 activities.
(c) An application for
					 certification of a local government's administrative program shall include the
					 following information:
(1) identification of
					 the specific substantive and procedural provisions of the rules and regulations
					 that the local government is requesting to administer;
(2) number, technical expertise and
					 experience of personnel and identification of other resources that will be
					 dedicated to administration of the program;
(3) identification of funding or revenue
					 sources for implementation of the program, including a commitment of such
					 funding for the next fiscal year;
(4) identification of the specific
					 department, unit or officials who will be designated to administer these rules
					 and regulations;
(5) identification
					 of information management capability to insure efficient administration and
					 adequate recordkeeping;
(6)
					 identification of applicable existing local laws and rules and regulations and
					 plans for coordination of such laws and rules and regulations with the
					 requirements of these rules and regulations; and
(7) any other information requested by the
					 department.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 128 - New York City › Subpart 128-7 - Administration And Enforcement By Local Governments › Section 128-7.2 - Administrative determinations

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Each administrative program submitted by a local government under this Subpart
					 shall contain provisions governing the extent and frequency of department
					 review and approval of administrative determinations made by the local
					 government, as the department shall agree upon.
(b) Pursuant to each administrative program
					 submitted by a local government under this Subpart, the local government shall
					 provide the department (Attention: Chief, Sources Division) with a copy of each
					 administrative determination made by such local government, at the same time
					 that the determination is made available to the applicant.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 128 - New York City › Subpart 128-7 - Administration And Enforcement By Local Governments › Section 128-7.3 - Annual review of administrative programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The administrative program of a certified
					 local government shall be reviewed annually by the department. Such review
					 shall be based upon records that demonstrate the effectiveness of the program
					 which include objective criteria such as:
(1)
					 a review of determinations on applications for approval of regulated
					 activities;
(2) a review of the
					 adequacy of financial, personnel and others resources for the previous year,
					 and evidence of future commitment of adequate financial, personnel, and other
					 resources to continue the administrative program; and
(3) a review of such other records as the
					 certified local government may be required to keep.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 128 - New York City › Subpart 128-7 - Administration And Enforcement By Local Governments › Section 128-7.4 - Decertification or modification of administrative programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The administrative program of a certified
					 local government shall be continued unless decertified or modified by the
					 commissioner. A preliminary determination to decertify or modify shall be made
					 at any time if the commissioner determines that the local government's
					 administration of any element of the program is inadequate to protect the water
					 supply.
(b) Where the commissioner
					 has made a preliminary determination to decertify or modify a local
					 government's administrative program pursuant to subdivision (a) of this
					 section, a notice of proposed decertification or modification, and the reasons
					 therefor, shall be sent by certified mail, to the designated representative of
					 the certified local government. The certified local government may, within 10
					 business days of the sending of such notice, submit information addressing the
					 reasons for decertification or modification stated in the notice. The
					 commissioner, after receipt and consideration of any information submitted by
					 the certified local government, shall make a final determination to continue,
					 modify, or decertify the program within 30 business days of sending of the
					 notice of proposed decertification or modification. Upon decertification of an
					 administrative program the administration of the rules and regulations set
					 forth herein shall revert to the department.
(c) A local government which has received a
					 determination of decertification may reapply for certification after one
					 year.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 128 - New York City › Subpart 128-7 - Administration And Enforcement By Local Governments › Section 128-7.5 - Certification of enforcement programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The local government of a town, city,
					 village or county may apply to the department, care of the engineering section
					 (see section
					 128-1.5  of
					 this Part) for certification of a program to enforce specific provisions of
					 these rules and regulations.
(b) A
					 local government's proposed program for enforcement of specific provisions of
					 these rules and regulations may include the following:
(1) inspection of premises for potential
					 violations of these rules and regulations and the preparation of written
					 reports detailing the results of each such inspection; and
(2) issuance of notices of violation of
					 specific provisions of these rules and regulations.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 128 - New York City › Subpart 128-7 - Administration And Enforcement By Local Governments › Section 128-7.6 - Annual review of enforcement programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The enforcement program of a certified
					 local government shall be reviewed annually by the department. Such review
					 shall be based upon records that demonstrate the effectiveness of the program
					 which include objective criteria, such as:
(1) a review of notices of violation issued
					 by the certified local government;
(2) a review of inspection reports prepared
					 by the certified local government;
(3) a review of the determinations made by
					 courts or administrative tribunals on notices of violation issued by the
					 certified local government;
(4) a
					 review of compliance with notices of violation issued by the certified local
					 government;
(5) a review of the
					 adequacy of financial, personnel and other resources for the previous year, and
					 evidence of future commitment of adequate financial, personnel and other
					 resources to continue the enforcement program in accordance with any
					 requirements of a memorandum of understanding; and
(6) a review of such other records as the
					 certified local government may be required to keep in accordance with a
					 memorandum of understanding.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 128 - New York City › Subpart 128-7 - Administration And Enforcement By Local Governments › Section 128-7.7 - Decertification or modification of enforcement programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The enforcement program of a certified
					 local government shall be continued unless decertified or modified by the
					 commissioner. A preliminary determination to decertify or modify shall be made
					 at any time if the commissioner determines that the local government's
					 administration of any element of the program is inadequate to protect the water
					 supply.
(b) Where the commissioner
					 has made a preliminary decision to decertify or modify a local government's
					 enforcement program pursuant to subdivision (a) of this section, a notice of
					 proposed decertification or modification, and the reasons therefor, shall be
					 sent by certified mail to the designated representative of the certified local
					 government. The certified local government may, within 10 business days of the
					 sending of such notice, submit information addressing the reasons for
					 decertification or modification stated in the notice. After receipt and
					 consideration of any information submitted by the certified local government,
					 the commissioner shall make a final determination to continue, modify, or
					 decertify the program within thirty business days of sending of the notice of
					 proposed decertification or modification. Upon decertification of an
					 enforcement program, the enforcement of the rules and regulations set forth
					 herein shall be the sole responsibility of the department.
(c) A local government which has received a
					 determination of decertification may reapply for certification after one
					 year.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 128 - New York City › Subpart 128-7 - Administration And Enforcement By Local Governments › Section 128-7.8 - Consent of the city

Current through Register Vol. 46, No. 28, July 10, 2024
Nothing in this Subpart shall be construed to allow the
						designated administrative or enforcement personnel of a certified local
						government, or any representative or attorney of a certified local government,
						to appear in any court proceeding or before any administrative tribunal on
						behalf of the city or the department, for the purpose of enforcing violations
						of these rules and regulations or defending against any claim or action arising
						from these rules and regulations without the written consent of the
						city.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 128 - New York City › Subpart 128-8 - Watershed Protection Plans › Section 128-8.1 - Local government stormwater protection plans

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A local government of a town, village, or
					 county in the watershed may submit to the department for review and approval a
					 proposed local government stormwater protection plan ("Stormwater Plan") to
					 undertake all or some aspects of watershed protection as set forth in section
					 128-3.9 
					 of this Part. The Stormwater Plan may be submitted individually by a local
					 government or jointly with one or more adjoining local government(s) in
					 accordance with the requirements of this Subpart.
(1) Within 90 days of receipt by the
					 department of a proposed Stormwater Plan, the department shall review the
					 proposed Stormwater Plan to determine whether it meets the requirements of this
					 section and notify the local government, in writing, whether the proposed
					 Stormwater Plan is approved.
(2) If
					 the department fails to notify the local government(s) in writing of its
					 determination within the 90 day period set forth in paragraph (1) of this
					 subdivision, the local government(s) may notify the department of its failure
					 by means of certified mail, return receipt requested to the local department
					 representative who is responsible for processing the Stormwater Plan.
(3) If the department fails to notify the
					 local government(s) within 10 business days of the receipt of such notice the
					 Stormwater Plan shall be deemed approved subject to the terms and conditions
					 set forth in the most recent submission by the local government(s).
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 128 - New York City › Subpart 128-8 - Watershed Protection Plans › Section 128-8.2 - Watershed planning in the croton system

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Notwithstanding the prohibitions set
					 forth in section
					 128-3.6 
					 of this Part on new or expanded wastewater treatment plants with surface
					 discharges within the 60-day travel time to intake or within phosphorus
					 restricted basins, the department shall allow for the preparation and
					 implementation of a Comprehensive Croton System Water Quality Protection Plan
					 ("Croton Plan") and an accompanying phosphorus offset program and diversion
					 credit program in accordance with this section. This section is independent of,
					 does not govern, and is not governed by, section
					 128-8.1 
					 of this Subpart.
(b)
(1) At the request of Dutchess, Putnam or
					 Westchester County, and in partnership with Dutchess, Putnam or Westchester
					 County, and the municipalities located in the Croton system watershed, the
					 department shall prepare or assist in the preparation of a Croton Plan only in
					 a participating county or counties which:
(i)
					 identifies significant sources of pollution to the Croton system;
(ii) recommends measures to be taken by the
					 department, the counties, and the municipalities which, in conjunction with
					 other Federal, State, local and department water quality protection programs,
					 will prevent degradation to, and improve, water quality, with the long term
					 goal of attaining water quality standards in the Croton system; and
(iii) recommends measures to be taken to
					 protect the character and special needs of communities located within the
					 watershed.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 128 - New York City › Subpart 128-8 - Watershed Protection Plans › Section 128-8.4 - Permanent phosphorus offset program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon completion of the pilot programs set
					 forth in sections
					 128-8.2(g)
					 and
					 128-8.3(a) 
					 of this Subpart, the department may determine, based on the results of the
					 pilot program or of other studies conducted in the watershed that:
(1) phosphorus offsets sought pursuant to
					 sections
					 128-8.2(g)
					 and
					 128-8.3(a) 
					 of this Subpart have been achieved and that a permanent phosphorus offset
					 program should be established, with such conditions as may be appropriate based
					 on the results of the pilot program or other studies conducted in the
					 watershed;
(i) pending completion of any
					 necessary rulemaking for the continuation of a permanent phosphorus offset
					 program, including any appropriate modifications thereto, the department may
					 allow the construction of new wastewater treatment plants with surface
					 discharges into phosphorus restricted basins located outside of the 60-day
					 travel time on a case-by-case basis pursuant to the standards set forth in
					 section
					 128-6.1  of
					 this Part and subject to such conditions as may be appropriate based upon the
					 results of the pilot program and other studies conducted in the watershed;
					 or
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 128 - New York City › Subpart 128-9 - Severability › Section 128-9.1 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of these rules and regulations shall be
						severable, and if any item, subclause, clause, sentence, subparagraph,
						paragraph, subdivision, section or Subpart of this Part, or the applicability
						thereof to any person or circumstances, shall be adjudged by any court of
						competent jurisdiction to be invalid, such judgment shall not affect, impair or
						invalidate the remainder thereof, and the application thereof, but shall be
						confined in its operation to the item, subclause, clause, sentence,
						subparagraph, paragraph, subdivision, section or Subpart thereof, or to the
						person or circumstance directly involved in the controversy in which such
						judgment shall have been rendered.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 128 - New York City › Subpart 128-10 - Appendices › Section 128-10.1 - Watershed maps

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 watershed area for the New York City water supply lies in the parts of the
					 following counties and towns that are delineated on Map 128-A.1:
(1) Delaware County: In the towns of Andes,
					 Bovina, Colchester, Delhi, Deposit, Franklin, Hamden, Harpersfield, Kortright,
					 Masonville, Meredith,Middletown, Roxbury, Sidney, Stamford, Tompkins,
					 Walton.
(2) Dutchess County: In the
					 towns of Beekman, East Fishkill, Pawling.
(3) Fairfield County (Connecticut): In the
					 towns of Danbury, Greenwich, New Fairfield, Ridgefield, Sherman.
(4) Greene County: In the towns of Ashland,
					 Halcott, Hunter, Jeweh, Lexington, Prattsville, Windham.
(5) Putnam County: In the towns of Carmel,
					 Kent, Patterson, Putnam Valley, Southeast.
(6) Schoharie County: In the towns of Broome,
					 Conesville, Gilboa, Jefferson.
(7)
					 Sulliven County: In the towns of FalIsburg, Liberty, Neversink.
(8) Ulster County: In the towns of Denning,
					 Hardenburgh, Hurley, Kingston, Marbletown, Olive, Rochester, Shandaken,
					 Wawarsing, Woodstock.
(9)
					 Westchester County: In the towns of Bedford, Cortlandt, Harrison, Lewisboro,
					 Mount Kisco, Mount Pleasant, New Castle, North Castle, North Salem, Pound
					 Ridge, Somers, Yorktown.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 128 - New York City › Subpart 128-10 - Appendices › Section 128-10.2 - System specific water quality characteristics

Current through Register Vol. 46, No. 28, July 10, 2024
The system specific water quality characteristics of the
						reservoirs and reservoir stems, as of September 1990, are set forth in Tables 1
						and 2 of this section. It is the intention of the department that the system
						specific characteristics be maintained at the stated levels by implementation
						and enforcement of these rules and regulations.
TABLE 1
System Specific Characteristics: Reservoir
						Standards (mg/L)
Catskill/Delaware
System
Croton
System
(including
								  Kensico)
Annual
Annual
Mean
S/S/M*
Mean
S/S/M*
Alkalinity
(mg CaCo(3)/L)
>=40.00
>=10.00
Ammonia Nitrogen
0.05
0.10
0.05
0.10
Chloride
30.00
40.00
8.00
12.00
Nitrite+
Nitrite - N
0.30
0.50
0.30
0.50
Organic Nitrogen
0.50
0.70
0.50
0.70
Sodium
15.00
20.00
3.00
16.00
Sulfate
15.00
25.00
10.00
15.00
Total Diss. Solids
150.00
175.00
40.00
50.00
Total Organic Carbon
6.00
7.00
3.00
4.00
Total Susp. Solids
5.00
8.00
5.00
8.00
Chlorophyll-a
0.01
0.015
0.007
0.012
*S/S/M means Single Sample Maximum
TABLE 2
System specific characteristics: Reservoir Stem
						Standards (mg/L)
Catskill/Delaware
System
Croton
System
(including Kensico)
Annual
Annual
Mean
S/S/M*
Mean
S/S/M*
Alkalinity
(mg CaC03/L)
>=40.00
>=10.00
Ammonia Nitrogen
0.10
0.2
0.05
0.25
Chloride
35.00
100.00
10.00
50.00
Nitrite +
Nitrate - N
0.35
1.50
0.40
1.50
Organic Nitrogen
0.50
1.50
0.50
1.50
Sodium
15.00
20.00
5.00
10.00
Sulfate
15.00
25.00
10.00
15.00
Total Diss. Solids
150.00
175.00
40.00
50.00
Total Organic Carbon
9.00
25.00
9.00
25.00
Total Susp. Solids
5.00
8.0
5.00
8.00
*S/S/M means Single Sample Maximum
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 128 - New York City › Subpart 128-10 - Appendices › Section 128-10.3 - Tests for analytical determination of concentrations of elements

Current through Register Vol. 46, No. 28, July 10, 2024
The following tests and methods are used by the
						department in assessing the impacts of a regulated activity on a reservoir,
						reservoir stem or controlled lake. An applicant may conduct sampling in waters
						owned by the city as set forth herein with prior authorization by the
						department.
(a) Collection of samples
					 and assessment of impacts.
(1) In conducting
					 tests or making analytical determinations to ascertain conformity or
					 nonconformity with the standards set forth in Subpart 128-4 of this Part,
					 samples should be collected from locations which are representative of the
					 general quality of water in the watercourse, reservoir, reservoir stem or
					 controlled lake.
(2) In assessing
					 the impact of a proposed regulated activity on a watercourse, reservoir,
					 reservoir stem, or controlled lake, or in determining compliance with the
					 standards set forth in Subpart 128-4 of this Part, the department will examine
					 the impacts of the proposed activity throughout the year and the impacts on the
					 photic, metalimnion and hypolimnion zones of the reservoir, reservoir stem or
					 controlled lake.
(3) Impacts on
					 reservoirs will be determined on the basis of samples taken on a schedule which
					 is sufficient to reflect temporal variability and to meet regulatory
					 requirements.
(4) Sampling
					 locations in reservoirs will include: dams, intakes, mid-pool stations, and
					 main tributaries into each reservoir. At every station, an integrated sample of
					 the photic zone shall be taken. At deeper stations, samples will be collected
					 from the metatimnion and hypolimnion.
(5) Reservoir stem samples should be
					 collected in the section of the reservoir stem that is free-flowing and
					 unimpeded by the reservoir when the impoundment is at full pool
					 elevation.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 129 - Niagara County › Section 129.1 - Village of middleport

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Application. The rules and regulations hereinafter given, duly made and enacted
				  in accordance with the provisions of sections 70, 71 and 73 of chapter 45 of
				  the Consolidated Laws (the Public Health Law), as heretofore set forth, shall
				  apply to all natural and artificial reservoirs and to all watercourses
				  tributary thereto or ultimately discharging into said reservoirs, these bodies
				  of water being sources of the public water supply of the Village of Middleport,
				  Niagara County, NY.
(b)
				  Definitions.
(1) The term reservoir wherever
				  used in this section is intended to mean and refer to the storage and
				  impounding reservoir which is tributary thereto or which serves as a source of
				  this public water supply or to any additional reservoir which may be
				  constructed or used for the purpose of this public water supply.
(2) The term watercourse wherever used in
				  this section is intended to mean and include every spring, pond (other than
				  artificial reservoirs and filter basins), stream, ditch, gutter or any channel
				  of any kind, the waters of which when running, whether continuously or
				  occasionally, flow or may flow into the public water supply of the Village of
				  Middleport.
(3) Wherever a linear
				  distance of a structure or object from a reservoir or from a watercourse is
				  mentioned in this section, it is intended to mean the shortest horizontal
				  distance from the nearest point of the structure or object to the high-water
				  mark of a reservoir or to the edge, margin or precipitous bank forming the
				  ordinary high-water mark of such watercourse.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 130 - Oneida County › Cities › Section 130.1 - City of rome

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Application. The following rules and regulations enacted under the authority of
					 article 11 of the Public Health Law and of the whole thereof, as last amended
					 by chapter 879 of the Laws of 1953, shall apply to Fish Creek and all its
					 tributaries and reservoirs which now serve or which may be developed in the
					 future to serve as sources of the public water supply of the City of Rome and
					 to all watercourses and drainage areas tributary to or ultimately discharging
					 into said Fish Creek or reservoirs. Particular rules shall be applicable to the
					 zones specified.
(b) Definitions.
(1) The term water supply whenever used in
					 this section refers to the public water supply of the City of Rome, Oneida
					 County, New York.
(2) The term
					 watershed refers to all land situated so that drainage therefrom is towards
					 Fish Creek or its tributaries upstream from the water supply intake
					 structure.
(3) The term watercourse
					 means every spring, pond (other than reservoirs), stream, marsh or channel of
					 any kind, the waters of which flow or may flow into this water
					 supply.
(4) The term linear
					 distances refers to the shortest horizontal distance from the nearest point of
					 the structure or object to the tributaries or the high-water mark of the
					 reservoir.
(5) The term intake
					 reservoir refers to the approximate 10-million-gallon reservoir formed by the
					 diverting dam on the east branch of Fish Creek in the town of Annsville, at the
					 southern end of which is located the intake to the 36-inch main supply
					 line.
(6) The term Boyd Reservoir
					 (Lake Tagasoke) refers to the approximately 1.34- billion-gallon impounding
					 reservoir formed by the construction of Boyd Dam in the Town of Lewis, Lewis
					 County, construction of which was completed in 1959.
(7) The term human excreta means feces, urine
					 and other excretions commonly disposed of by the so-called dry system as
					 typified by the ordinary privy.
(8)
					 The term sewage means waste liquids containing human excreta and decomposing
					 matter flowing in or from a house drainage system or sewer.
(9) The term sewage disposal works refers to
					 an installation in which sewage is discharged to the ground waters.
(10) The term sewage treatment plant refers
					 to an installation from which treated sewage is discharged to surface
					 waters.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 130 - Oneida County › Cities › Section 130.2 - City of utica

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Application. The following rules and regulations enacted in accordance with the
					 provisions of sections 70, 71 and 73 of chapter 45 of the Consolidated Laws
					 (Public Health Law), as finally amended by chapter 391 of the Laws of 1933,
					 shall apply to all bodies of water (wherever located) now in existence or that
					 may be hereafter developed which serve as a source of the public water supply
					 of the city of Utica and the adjacent communities which derive their water
					 supply through the mains of the bureau of water of the city of Utica.
(b) Definition of terms. Wherever used in
					 this section:
(1) The term water supply means
					 the public water supply of the city of Utica and adjacent
					 communities.
(2) The term reservoir
					 means any natural or artificially impounded body of water serving as a source
					 of water supply of Utica and adjacent communities and to any additional
					 reservoir which may be constructed or used for said water supply.
(3) The term watercourse means every spring,
					 pond (other than reservoir), stream, marsh or channel of any kind, the waters
					 of which flow or may flow into the water supply of Utica and adjacent
					 communities.
(4) The linear
					 distance of a structure or object from a reservoir or watercourse is the
					 shortest horizontal distance from the nearest point of the structure or object
					 to the high-water mark of such watercourse.