reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 673 - Dam Safety Regulations › Section 673.5 - Hazard classifications

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 The department may assign a hazard classification to dams according to the
					 potential impacts of a dam failure. The factors used to evaluate and assign a
					 hazard classification are:
(1) the height,
					 impoundment capacity and physical characteristics of the dam;
(2) the physical characteristics of the
					 location of the dam, including the areas which would be affected by a failure
					 of the dam; and
(3) the potential
					 consequences and other circumstances relevant to the failure of the dam,
					 including, without limitation:
(i) personal
					 injury and loss of human life;
(ii)
					 damage to developed areas, occupied buildings, or other land
					 improvements;
(iii) economic
					 loss;
(iv) damage to natural
					 resources;
(v) proximity to and
					 possible impairment of access to emergency services; and
(vi) other site-specific characteristics or
					 factors which the department determines are necessary to consider.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 673 - Dam Safety Regulations › Section 673.6 - Inspection, operation and maintenance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Inspection and maintenance plan. The
					 owner of a dam that:
(1) is equal to or
					 greater than 15 feet in height or has a maximum impoundment capacity equal to
					 or greater than three million gallons, unless the dam has a height equal to or
					 less than six feet, regardless of impoundment capacity, or an impoundment
					 capacity less than or equal to one million gallons, regardless of
					 height;
(2) has been assigned a
					 hazard classification of class B or C pursuant to section
					 673.5  of
					 this Part, or
(3) impounds waters
					 which pose, in the event of a failure of such dam, a threat of personal injury,
					 substantial property damage or substantial natural resource damage as
					 determined by the department, shall develop and fully implement a written
					 inspection and maintenance plan for the dam. The first inspection and
					 maintenance plan that is required after the effective date of this Part shall
					 be completed within 12 months of the effective date of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 673 - Dam Safety Regulations › Section 673.7 - Emergency action; emergency action plan

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The owner of a dam that been assigned a
					 hazard classification of class B or C shall prepare an emergency action plan
					 and annual updates thereof, submit each to the department, and provide copies
					 of each, at a minimum, in accordance with this section.
(b) The recipients of the emergency action
					 plan are as follows. The emergency action plan and each annual update shall be
					 submitted to the dam safety section. A copy of each shall be provided:
(1) to the county emergency management
					 official of the county in which the dam is located; and
(2) to any other individual identified as a
					 recipient within the plan. The owner shall also provide a copy to any other
					 municipality in either the same county or an adjoining county that is within
					 the inundation area, upon written request from the municipality's chief
					 executive officer.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 673 - Dam Safety Regulations › Section 673.8 - Annual certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 The owner of a dam that has been assigned a hazard classification of class B or
					 C shall submit to the dam safety section an annual certification, in a form
					 prescribed by the department, by January 31st of each year.
(b) The owner shall certify as to the:
(1) name(s) and address(es) of the owner and
					 a telephone number capable of reaching the owner;
(2) hazard classification and location
					 (latitude and longitude) of the dam and its appurtenant works;
(3) retention in good order of a complete and
					 current inspection and maintenance plan that is in compliance with this
					 Part;
(4) full implementation of
					 the inspection and maintenance plan; and
(5) retention in good order of an emergency
					 action plan that is in compliance with this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 673 - Dam Safety Regulations › Section 673.9 - Notification of auxiliary spillway flow

Current through Register Vol. 46, No. 28, July 10, 2024
The owner of a dam that has been assigned a hazard
						classification of class B or C shall notify the department in writing, in a
						format acceptable to the department, within five calendar days of any flow in
						an erodible auxiliary spillway. The department may require additional
						information to be submitted in order to protect public safety, property or
						natural resources.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 673 - Dam Safety Regulations › Section 673.10 - Recordkeeping and response to request for records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The owner of any dam shall keep available
					 and in good order all available records of:
(1) original construction; and
(2) modifications to a dam's design and
					 construction.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 673 - Dam Safety Regulations › Section 673.11 - Notices of property transfer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The owner of a dam that either:
(1) is equal to or greater than 15 feet in
					 height or has a maximum impoundment capacity equal to or greater than three
					 million gallons, unless the dam has a height equal to or less than six feet,
					 regardless of impoundment capacity, or an impoundment capacity less than or
					 equal to one million gallons, regardless of height; or
(2) has been assigned a hazard classification
					 of class B or C, shall provide the following notices of property transfer:
(i) Notice by seller or transferor. Prior to
					 the signing of a contract of sale or other legal instrument used to transfer
					 rights in or title to the property where a dam is located, the dam owner shall
					 provide the prospective buyer or transferee a materially complete narrative
					 description of the dam and its appurtenant works, and the specific location
					 (latitude and longitude) thereof.
(ii) Notice of turnover of records by seller
					 or transferor. No later than the date of transfer of the property or rights
					 therein, the dam owner shall provide the buyer or transferee with copies of all
					 records that are and were subject to the recordkeeping requirements of this
					 Part. The records shall be accompanied by a certification, signed in accordance
					 with section
					 673.8(d) 
					 of this Part, that all available records required by this Part to be maintained
					 for said dam have been turned over. Nothing in this Part shall be construed to
					 prohibit the dam owner from allowing a prospective buyer or transferee from
					 inspecting any records required to be maintained by this Part in advance of the
					 date of transfer.
(iii) Notice by
					 buyer or transferee. No later than the date of transfer of the property or
					 rights therein, the dam owner who is the buyer or transferee shall send written
					 notification of the property transfer to both:
(a) the department's dam safety section;
					 and
(b) the municipality or
					 municipalities in which the dam is located. The notification shall: describe
					 the dam and its appurtenant works; provide the location (latitude and
					 longitude) of the dam; and include a certification, signed in accordance with
					 section
					 673.8(d) 
					 of this Part, as to the name(s), mailing address(es), and a telephone number
					 capable of contacting the dam owner(s) who is the buyer or
					 transferee.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 673 - Dam Safety Regulations › Section 673.12 - Safety inspections

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 owner of a dam that has been assigned a hazard classification of class B or C
					 shall undertake safety inspections on a regular basis, as shall be identified
					 in the inspection and maintenance plan.
(b) The owner of a dam that has been assigned
					 a condition rating of "unsafe" or "unsound" shall undertake safety inspections
					 on a regular basis, as shall be identified in an inspection and maintenance
					 plan, and upon the request of the department, in its discretion, based on its
					 consideration of public safety and the specific characteristics of the dam and
					 its location.
(c) Safety
					 inspections shall be performed on behalf of the owner by an engineer, who shall
					 document the results of each inspection in a safety inspection report, which
					 shall be signed and sealed by the engineer.
(d) A safety inspection report shall include,
					 but need not be limited to:
(1) document
					 review. A review of all relevant documents, studies, plans, hazard
					 classifications, photos, or any other information related to the dam and its
					 appurtenant works, including the inspection and maintenance plan, safety
					 inspection reports or other inspection reports generated since the last safety
					 inspection, and the emergency action plan;
(2) visual inspection. The narrative results
					 of a visual inspection of the dam, including the embankment, spillway, outlet,
					 closure dikes and other appurtenant structures, focusing on initial and/or
					 progressive signs of the manifestation of potential failure modes. Specific
					 note shall be made as to whether any deficiencies reported in previous reports,
					 and any corrective action required by the department, have been fully resolved
					 and/or implemented. The report should include dated photographs of the specific
					 observations made and any deficiencies or potential deficiencies identified
					 during the visual inspection;
(3)
					 review of data. A review and evaluation of any instrumentation data generated
					 since the completion of the last safety inspection, and any recommendations for
					 addressing gaps or other deficiencies or potential deficiencies in monitoring;
					 and
(4) corrective action.
					 Identification of deficiencies or potential deficiencies along with
					 recommendations and a schedule for any corrective actions necessary to fully
					 resolve the deficiencies or potential deficiencies, which recommendations may
					 include additional investigations, such as revised hydrologic and hydraulic
					 analyses, stability analyses, or underwater inspections.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 673 - Dam Safety Regulations › Section 673.14 - Field inspection of a dam by the department

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever in the judgment of the department public safety
						requires, the department or its duly appointed agent(s) may, at its discretion
						and without prior notice, enter upon lands and waters in order to perform a
						field inspection of a dam.
(b) The
					 department may document existing conditions during the course of its inspection
					 through the use of, without limitation, photographs or videos. Records created
					 during the inspection may be retained by the department as deemed necessary and
					 may be subject to disclosure to the public in accordance with the Public
					 Officers Law and other applicable laws.
(c) Based on a field Inspection by the
					 department, the department may create a field inspection report for any
					 dam.
(d) In accordance with ECL
					 article 15, section 0516, within 30 days of completing a field Inspection
					 report for a dam with a hazard classification of class B or C, the department
					 will provide a copy thereof to the chief executive officer of the municipality
					 or municipalities in which the dam is located. The department will
					 contemporaneously provide a copy thereof to the dam owner. Within 30 days of
					 the department's receipt of a written request from the chief executive officer
					 of any other municipality in the same county or from an adjoining county but
					 within the inundation area of the dam, the department will also provide a copy
					 of the field Inspection report to the chief executive officer.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 673 - Dam Safety Regulations › Section 673.15 - Investigation of a dam by the department or owner

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever in the judgment of the department the protection
						of public safety, property or natural resources requires, the department or its
						duly appointed agent may, at its discretion and without prior notice, enter
						upon lands and waters and make or cause to be made an investigation of any dam.
						For any dam that:
(a) has been
					 assigned a hazard classification of class B or C pursuant to section
					 673.5  of
					 this Part; or
(b) impounds waters
					 which pose, in the event of a failure of such dam, a threat of personal injury,
					 substantial property damage or substantial natural resource damage as
					 determined by the department, the department may require the owner of such dam
					 to conduct a safety inspection pursuant to section
					 673.12  of this
					 Part, an engineering assessment pursuant to section
					 673.13  of
					 this Part, and/or to conduct additional engineering evaluations of a dam,
					 including evaluations to confirm the dam safety deficiencies that are presented
					 in a safety inspection report or engineering assessment report, or to confirm
					 any other information received by the department, in order to assure the
					 protection of public safety, property or natural resources.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 673 - Dam Safety Regulations › Section 673.16 - Condition ratings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Based
					 on its investigation, the department may assign a condition rating to any
					 dam.
(b) The condition ratings that
					 may be assigned are:
(1) "Unsafe". Dams with
					 deficiencies of such a nature that failure of the dam is imminent and immediate
					 action is required to eliminate or reduce the danger. Among the deficiencies
					 which could result in this rating are seepage which is carrying soil particles,
					 significant erosion problems, and serious structural deficiencies, which may
					 involve movement or cracking of the structure. Severely inadequate spillway
					 capacity may also result in a condition rating of "unsafe."
(2) "Unsound". Dams with deficiencies of such
					 a nature that the safety of the dam cannot be assured. Among the deficiencies
					 which could result in this rating are developing seepage problems, structural
					 stability inadequacies, or seriously inadequate spillway capacity. Hazard class
					 B or C dams for which there is no demonstration that the spillway capacity and
					 stability are adequate may receive a condition rating of "unsound."
(3) "Deficiently maintained". Dams with
					 physical or operational deficiencies which do not require further significant
					 engineering analysis. Some corrective action is required, often in the form of
					 increased maintenance, to correct the condition of the dam.
(4) "No deficiencies noted". A safety
					 inspection or engineering assessment, and/or investigation by the department,
					 did not reveal deficiencies.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 674 - Hearings Of The Water Resources Planning Council › Section 674.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part applies to hearings conducted by the Water
						Resources Planning Council pursuant to section 15-2909  of the Environmental
						Conservation Law.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 674 - Hearings Of The Water Resources Planning Council › Section 674.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Administrative
					 law judge (ALJ) means the council's representative who conducts the
					 hearing.
(b) Argument means
					 opinions or viewpoints, as distinguished from evidence.
(c) Council means the Water Resources
					 Planning Council established by section 15-2901  of the Environmental
					 Conservation Law.
(d) Department
					 means the Department of Environmental Conservation.
(e) Environmental Notice Bulletin (ENB) means
					 the publication of the department published pursuant to section 3-0306  of the Environmental Conservation
					 Law.
(f) Evidence means sworn
					 testimony of a witness, physical objects, documents or records or photographs
					 representative of facts which have been admitted into the record by the
					 ALJ.
(g) Hearsay means a statement
					 other than one made by a witness testifying at the hearing, offered in evidence
					 to prove the truth of the matter asserted.
(h) Party means a person granted full
					 participation in the hearing.
(i)
					 Water resources management strategy means the strategy required by section 15-2907  of the Environmental
					 Conservation Law.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 674 - Hearings Of The Water Resources Planning Council › Section 674.3 - Notice of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 council shall publish one notice of the hearing once a week for three
					 consecutive weeks in a newspaper of general circulation in the counties within
					 the substate area and shall publish one notice of such hearing in the ENB. The
					 notices in the ENB and the first newspaper notice shall be published at least
					 30 days in advance of the hearing.
(b) The notice shall contain the following
					 information:
(1) the date, location, time and
					 purpose of the hearing;
(2) a
					 description of water resources management strategy and the substate area to be
					 addressed by the hearing;
(3)
					 instructions for persons wishing to present statements, sponsor witnesses or
					 question other witnesses; and
(4)
					 the person from whom further information regarding the water resources
					 management strategy, or copies of such strategy, may be obtained.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 674 - Hearings Of The Water Resources Planning Council › Section 674.4 - Hearing participation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Participation in the hearing may be limited or as a party. Limited
					 participation means the presentation of a statement. Party status involves the
					 presentation of a statement, sponsoring of witnesses and the questioning of the
					 witnesses of other parties.
(b) To
					 obtain party status a person must file, in writing and by the date set in the
					 notice of hearing, a statement of position which identifies the nature of the
					 argument, evidence, and witnesses which the person intends to present, and any
					 other matter believed relevant.
(c)
					 If a sufficient filing is not made, the ALJ has discretion to limit
					 participation or require additional information from the filer. The ALJ may
					 also limit the participation of a party to those areas in which his expertise
					 would prove beneficial to the development of a factual record.
(d) The ALJ may allow any person meeting the
					 requirements of subdivision (b) of this section to participate at any time
					 during the hearing if it is shown that good cause exists for failure to file on
					 time, that no other person will be unreasonably disadvantaged or otherwise
					 prejudiced and that the person's participation will materially contribute to a
					 complete record.
(e) There shall be
					 no appeals from the decisions of the ALJ with respect to party status or the
					 extent of participation by any person or party.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 674 - Hearings Of The Water Resources Planning Council › Section 674.5 - Powers of the alj

Current through Register Vol. 46, No. 28, July 10, 2024
The ALJ shall have the power to:
(a) preclude irrelevant or unduly
					 repetitious, tangential or speculative testimony or argument;
(b) rule upon all requests;
(c) administer oaths and
					 affirmations;
(d) summon and
					 examine witnesses; and
(e) take any
					 measures necessary for maintaining order and the efficient conduct of the
					 hearing.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 674 - Hearings Of The Water Resources Planning Council › Section 674.6 - Rights of parties

Current through Register Vol. 46, No. 28, July 10, 2024
Consistent with the ALJ's rulings on the extent of
						participation governed by section
						674.4(c) 
						of this Part, the rights of parties are as follows:
(a) A party may participate at the hearing in
					 person, by attorney or by a representative presenting written authorization to
					 represent that party.
(b) A party
					 shall have the right to present relevant oral and written argument on issues of
					 law and fact, to present relevant evidence and to question witnesses of other
					 parties.
(c) A party must be
					 present on a timely basis to present evidence, question witnesses or receive
					 notice of scheduling of subsequent sessions. Failure to be present at a hearing
					 session will not be deemed a waiver of the right to receive any written
					 notices.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 674 - Hearings Of The Water Resources Planning Council › Section 674.7 - Record of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
					 proceedings at the hearing shall be stenographically reported.
(b) The ALJ shall arrange for a certified
					 reporter to produce a stenographic transcript of the hearing. When the
					 stenographic record is made, an original and two copies shall be delivered to
					 the ALJ as soon as practicable.
(c)
					 The ALJ shall file with the council a report and a complete record of the
					 proceeding which shall include:
(1) an
					 affidavit of publication of the notice of hearing;
(2) the transcript of the testimony taken at
					 the hearing and any exhibits entered into evidence;
(3) any letters, statements, comments or
					 petitions; and
(4) a statement of
					 matters officially noticed.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 674 - Hearings Of The Water Resources Planning Council › Section 674.8 - Evidence

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All evidence
					 submitted must be relevant. However, other legal rules of evidence observed in
					 courts need not be strictly applied. Hearsay evidence may be admitted if a
					 reasonable degree of reliability is shown.
(b) Although relevant, evidence may be
					 excluded if its value as proof is substantially outweighed by potential for
					 unfair prejudice, confusion of the issues, due delays, waste of time or
					 needless presentation of repetitious or duplicative evidence.
(c) Where a part of a document is offered as
					 evidence by one party, any party may offer the entire document as
					 evidence.
(d) Each witness shall be
					 sworn or make an affirmation before testifying.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 674 - Hearings Of The Water Resources Planning Council › Section 674.9 - Official notice

Current through Register Vol. 46, No. 28, July 10, 2024
The ALJ may take official notice of a fact not subject to
						reasonable dispute if it is either generally known or can be accurately or
						readily verified in generally acceptable references prior to or following the
						close of the hearing record.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 674 - Hearings Of The Water Resources Planning Council › Section 674.10 - Conduct of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
The ALJ shall have the discretion to adjust the order of
						events and establish the procedures to promote the conduct of a fair and
						efficient hearing. In general, the order of events shall be as follows:
(a) Formal opening. The ALJ shall convene the
					 hearing by opening the record and making appropriate procedural
					 announcements
(b) Noting
					 appearances. The ALJ shall call the name of each person who has properly filed
					 for status as a party and announce the decisions on the extent of each party's
					 participation.
(c) Presentation by
					 council. The council shall make a brief presentation of the water resources
					 management strategy which is the subject of the hearing.
(d) Presentations of statements. The ALJ
					 shall hear the unsworn statements of those persons other than persons who
					 granted party status. The ALJ may require that lengthy statements be submitted
					 in writing and summarized for oral presentation.
(e) Presentation of witnesses. The ALJ shall
					 hear the sworn witnesses of parties. Questioning of witnesses will be conducted
					 in a sequence to be established by the ALJ, and shall be limited to those areas
					 testified to by the witness.
(f)
					 The members of the council shall have the right to question any witnesses
					 sponsored by any party.
(g)
					 Department staff familiar with the water resources management strategy may be
					 available for questioning on issues relevant to such strategy.
(h) There shall be no motions or
					 discovery.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 674 - Hearings Of The Water Resources Planning Council › Section 674.11 - Special provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At
					 any time prior to approving or disapproving the water resources management
					 strategy, the council or the ALJ may direct that the hearing record be
					 reopened. This may be done to secure additional information or data, or to
					 consider significant new evidence.
(b) The hearing conducted pursuant to this
					 Part shall not be considered an adjudicatory proceeding as defined in section
					 102(3) of the State Administrative Procedure Act, or a rule making proceeding
					 held pursuant to section 102(1) of such act.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 700 - Definitions, Samples And Tests › Section 700.2 - Collection of samples

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 determination of compliance or noncompliance of sewage, industrial waste or
					 other waste discharges with the requirements of Parts 700 through 705 of this
					 Title shall be made through analytical methods or tests of groundwater, surface
					 water or effluent samples collected in such manner as approved by the
					 department.
(b) In selecting or
					 approving the locations at which such samples are collected, the department
					 shall consider all relevant factors, including but not limited to subdivisions
					 (c) through (e) of this section.
(c) For groundwater samples:
(1) the mobility of pollutants in unsaturated
					 zones, which, among other things, is affected by the rate of movement of
					 percolating water; and
(2)
					 attenuation of pollutants that may occur in passage through unsaturated and
					 saturated zones.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 700 - Definitions, Samples And Tests › Section 700.3 - Tests or analytical methods

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Tests or analytical methods for
					 measurement of surface water or groundwater to determine compliance with
					 standards or guidance values shall be made in accordance with the following
					 requirements:
(1) 40 CFR part 136, as of July
					 1, 1988 (see section
					 705.1 
					 of this Title); or
(2) other tests
					 or analytical methods approved by the department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 700 - Definitions, Samples And Tests › Section 700.4 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or its application to any
						person or circumstance is held to be invalid, the remainder of this Part and
						the application of that provision to other persons or circumstances will not be
						affected.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 701 - Classifications-surface Waters And Groundwaters › Section 701.1 - General conditions applying to all water classifications

Current through Register Vol. 46, No. 28, July 10, 2024
The discharge of sewage, industrial waste or other wastes
						shall not cause impairment of the best usages of the receiving water as
						specified by the water classifications at the location of discharge and at
						other locations that may be affected by such discharge.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 701 - Classifications-surface Waters And Groundwaters › Fresh Surface Waters › Section 701.2 - Class n fresh surface waters

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
						The best usages of Class N waters are the enjoyment of water in its natural
						condition and, where compatible, as a source of water for drinking or culinary
						purposes, bathing, fishing, fish propagation, and recreation. The waters shall
						be suitable for shellfish and wildlife propagation and survival and fish
						survival.
(b) There shall be no
						discharge of sewage, industrial wastes, or other wastes, waste effluents or any
						sewage effluents not having had filtration resulting from at least 200 feet of
						lateral travel through unconsolidated earth. A greater distance may be required
						if inspection shows that, due to peculiar geologic conditions, this distance is
						inadequate to protect the water from pollution.
(c) These waters shall contain no deleterious
						substances, hydrocarbons or substances that would contribute to eutrophication,
						nor shall they receive surface runoff containing any such substance.
(d) There shall be no alteration to flow that
						will impair the waters for their best usages.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 701 - Classifications-surface Waters And Groundwaters › Fresh Surface Waters › Section 701.3 - Class aa-special (aa-s) fresh surface waters

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The best usages of Class AA-S waters are:
						a source of water supply for drinking, culinary or food processing purposes;
						primary and secondary contact recreation; and fishing. The waters shall be
						suitable for fish, shellfish and wildlife propagation and survival.
(b) These waters shall contain no floating
						solids, settleable solids, oil, sludge deposits, toxic wastes, deleterious
						substances, colored or other wastes or heated liquids attributable to sewage,
						industrial wastes or other wastes.
(c) There shall be no discharge or disposal
						of sewage, industrial wastes or other wastes into these waters.
(d) These waters shall contain no phosphorus
						and nitrogen in amounts that will result in growths of algae, weeds and slimes
						that will impair the waters for their best usages.
(e) There shall be no alteration to flow that
						will impair the waters for their best usages.
(f) There shall be no increase in turbidity
						that will cause a substantial visible contrast to natural conditions.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 701 - Classifications-surface Waters And Groundwaters › Fresh Surface Waters › Section 701.4 - Class a-special (a-s) fresh surface waters

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The best usages of Class A-S waters are:
						a source of water supply for drinking, culinary or food processing purposes;
						primary and secondary contact recreation; and fishing. The waters shall be
						suitable for fish, shellfish and wildlife propagation and survival.
(b) This classification may be given to those
						international boundary waters that, if subjected to approved treatment, equal
						to coagulation, sedimentation, filtration and disinfection with additional
						treatment, if necessary, to reduce naturally present impurities, meet or will
						meet New York State Department of Health drinking water standards and are or
						will be considered safe and satisfactory for drinking water purposes.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 701 - Classifications-surface Waters And Groundwaters › Fresh Surface Waters › Section 701.5 - Class aa fresh surface waters

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
						The best usages of Class AA waters are: a source of water supply for drinking,
						culinary or food processing purposes; primary and secondary contact recreation;
						and fishing. The waters shall be suitable for fish, shellfish and wildlife
						propagation and survival.
(b) This
						classification may be given to those waters that, if subjected to approved
						disinfection treatment, with additional treatment if necessary to remove
						naturally present impurities, meet or will meet New York State Department of
						Health drinking water standards and are or will be considered safe and
						satisfactory for drinking water purposes.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 701 - Classifications-surface Waters And Groundwaters › Fresh Surface Waters › Section 701.6 - Class a fresh surface waters

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
						The best usages of Class A waters are: a source of water supply for drinking,
						culinary or food processing purposes; primary and secondary contact recreation;
						and fishing. The waters shall be suitable for fish, shellfish and wildlife
						propagation and survival.
(b) This
						classification may be given to those waters that, if subjected to approved
						treatment equal to coagulation, sedimentation, filtration and disinfection,
						with additional treatment if necessary to reduce naturally present impurities,
						meet or will meet New York State Department of Health drinking water standards
						and are or will be considered safe and satisfactory for drinking water
						purposes.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 701 - Classifications-surface Waters And Groundwaters › Fresh Surface Waters › Section 701.7 - Class b fresh surface waters

Current through Register Vol. 46, No. 28, July 10, 2024
The best usages of Class B waters are primary and
						  secondary contact recreation and fishing. These waters shall be suitable for
						  fish, shellfish and wildlife propagation and survival.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 701 - Classifications-surface Waters And Groundwaters › Fresh Surface Waters › Section 701.8 - Class c fresh surface waters

Current through Register Vol. 46, No. 28, July 10, 2024
The best usage of Class C waters is fishing. These
						  waters shall be suitable for fish, shellfish and wildlife propagation and
						  survival. The water quality shall be suitable for primary and secondary contact
						  recreation, although other factors may limit the use for these
						  purposes.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 701 - Classifications-surface Waters And Groundwaters › Fresh Surface Waters › Section 701.9 - Class d fresh surface waters

Current through Register Vol. 46, No. 28, July 10, 2024
The best usage of Class D waters is fishing. Due to
						  such natural conditions as intermittency of flow, water conditions not
						  conducive to propagation of game fishery, or stream bed conditions, the waters
						  will not support fish propagation. These waters shall be suitable for fish,
						  shellfish and wildlife survival. The water quality shall be suitable for
						  primary and secondary contact recreation, although other factors may limit the
						  use for these purposes.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 701 - Classifications-surface Waters And Groundwaters › Saline Surface Waters › Section 701.10 - Class sa saline surface waters

Current through Register Vol. 46, No. 28, July 10, 2024
The best usages of Class SA waters are shellfishing for
						  market purposes, primary and secondary contact recreation and fishing. These
						  waters shall be suitable for fish, shellfish and wildlife propagation and
						  survival.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 701 - Classifications-surface Waters And Groundwaters › Saline Surface Waters › Section 701.11 - Class sb saline surface waters

Current through Register Vol. 46, No. 28, July 10, 2024
The best usages of Class SB waters are primary and
						  secondary contact recreation and fishing. These waters shall be suitable for
						  fish, shellfish and wildlife propagation and survival.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 701 - Classifications-surface Waters And Groundwaters › Saline Surface Waters › Section 701.12 - Class sc saline surface waters

Current through Register Vol. 46, No. 28, July 10, 2024
The best usage of Class SC waters is fishing. These
						  waters shall be suitable for fish, shellfish and wildlife propagation and
						  survival. The water quality shall be suitable for primary and secondary contact
						  recreation, although other factors may limit the use for these
						  purposes.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 701 - Classifications-surface Waters And Groundwaters › Saline Surface Waters › Section 701.13 - Class I saline surface waters

Current through Register Vol. 46, No. 28, July 10, 2024
The best usages of Class I waters are secondary contact
						  recreation and fishing. These waters shall be suitable for fish, shellfish, and
						  wildlife propagation and survival.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 701 - Classifications-surface Waters And Groundwaters › Saline Surface Waters › Section 701.14 - Class SD saline surface waters

Current through Register Vol. 46, No. 28, July 10, 2024
The best usage of Class SD waters is fishing. These
						  waters shall be suitable for fish, shellfish and wildlife survival. This
						  classification may be given to those waters that, because of natural or
						  man-made conditions, cannot meet the requirements for fish
						  propagation.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 701 - Classifications-surface Waters And Groundwaters › Groundwaters › Section 701.15 - Class ga fresh groundwaters

Current through Register Vol. 46, No. 28, July 10, 2024
The best usage of Class GA waters is as a source of
						  potable water supply. Class GA waters are fresh groundwaters.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 701 - Classifications-surface Waters And Groundwaters › Groundwaters › Section 701.16 - Class gsa saline groundwaters

Current through Register Vol. 46, No. 28, July 10, 2024
The best usages of Class GSA waters are as a source of
						  potable mineral waters, or conversion to fresh potable waters, or as raw
						  material for the manufacture of sodium chloride or its derivatives or similar
						  products. Class GSA waters are saline groundwaters.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 701 - Classifications-surface Waters And Groundwaters › Groundwaters › Section 701.17 - Class gsb saline groundwaters

Current through Register Vol. 46, No. 28, July 10, 2024
The best usage of Class GSB waters is as a receiving
						  water for disposal of wastes. Class GSB waters are saline groundwaters that
						  have a chloride concentration in excess of 1,000 milligrams per liter or a
						  total dissolved solids concentration in excess of 2,000 milligrams per
						  liter.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 701 - Classifications-surface Waters And Groundwaters › Groundwaters › Section 701.18 - Assignment of groundwater classifications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The groundwater classifications defined
						in sections
						701.15
						and
						701.16 
						of this Part are assigned to all the groundwaters of New York State.
(b) The Class GSB shall not be assigned to
						any groundwaters of the State, unless the commissioner finds that adjacent and
						tributary groundwaters and the best usages thereof will not be impaired by such
						classification.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 701 - Classifications-surface Waters And Groundwaters › Discharge Restriction Categories › Section 701.19 - Discharge restriction categories

Current through Register Vol. 46, No. 28, July 10, 2024
Discharge restriction categories may be assigned to
						  surface waters or groundwaters by the department. When used, the discharge
						  restriction category will be applied to such classified waters along with the
						  applicable best usage and other existing standards.