New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 5 - Executive Orders (George E. Pataki) › Section 5.51 - Executive order no. 51: activities of state agencies within the new york city watershed

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, it is vital to assure the continued adequate
					 supply of exceptional quality drinking water for the eight million residents of
					 the City of New York and the one million New York State residents outside New
					 York City who depend upon the New York City drinking water supply
					 system;
WHEREAS, the primary sources of water for the New York City
					 water supply system originate in portions of the Catskill Mountain Region and
					 the Hudson River Valley, commonly referred to as the watershed of the New York
					 City water supply and its sources (the "Watershed");
WHEREAS, the New York City water supply is an extremely
					 valuable natural resource that must be protected in a comprehensive
					 manner;
WHEREAS, on January 21, 1997, the State of New York, the
					 City of New York, the Coalition of Watershed Towns, the United States
					 Environmental Protection Agency, Westchester County, Putnam County, certain
					 municipal corporations and certain environmental organizations executed the New
					 York City Watershed Memorandum of Agreement (the "Memorandum of
					 Agreement");
WHEREAS, pursuant to the Memorandum of Agreement, New York
					 City has submitted proposed Watershed Regulations which were negotiated and
					 agreed to by the parties to the Memorandum of Agreement (the "Watershed
					 Regulations") to the New York State Department of Health for approval;
WHEREAS, pursuant to the Memorandum of Agreement, following
					 approval of the Watershed Regulations by the New York State Department of
					 Health, New York City will promulgate the Watershed Regulations pursuant to the
					 New York City Administrative Procedure Act and the New York State Public Health
					 Law, and the New York State Department of Health will promulgate the Watershed
					 Regulations pursuant to the New York State Administrative Procedure Act and the
					 New York State Public Health Law;
WHEREAS, the Watershed Regulations will protect the public
					 health by averting future contamination to and degradation of the New York City
					 water supply and by remediating existing sources of pollution or degradation of
					 the New York City water supply;
WHEREAS, by virtue of State law, the Watershed Regulations
					 exempt State departments, agencies, boards, public benefit corporations, public
					 authorities and commissions from compliance with the requirements of the
					 Watershed Regulations; and
WHEREAS, notwithstanding this exemption, the departments,
					 agencies, boards, public benefit corporations, public authorities and
					 commissions of New York State have a responsibility to protect the resources of
					 the Watershed;
NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution and
					 Laws of the State of New York, do hereby direct that the activities of State
					 departments, agencies, boards and commissions comply with the same substantive
					 requirements of the Watershed Regulations to which private persons are
					 subject.
1. Any State department,
				  agency, board or commission which undertakes any activity, or substantial
				  alteration or modification of any activity, in the Watershed, shall comply with
				  the requirements of the Watershed Regulations, except that no such State entity
				  shall be required to submit any application or other materials for review
				  and/or approval by the New York City Department of Environmental Protection.
				  For purposes of this order, "activity" means any of the following actions in
				  the Watershed which are specifically regulated in the Watershed Regulations:
1. Discharge or storage of pathogenic
				  materials.
2. Discharge or storage
				  of hazardous substances and hazardous wastes.
3. Discharge or storage of radioactive
				  materials.
4. Discharge or storage
				  of petroleum products.
5. Discharge
				  or transport of human excreta.
6.
				  Design, construction and operation of wastewater treatment plants.
7. Design, construction and operation of
				  sewerage systems and service connections.
8. Design, construction and operation of
				  intermediate sized and individual sewage treatment systems.
9. Discharge of stormwater and sediment, and
				  preparation and implementation of stormwater pollution prevention
				  plans.
10. Construction of
				  impervious surfaces.
11. Discharge
				  from miscellaneous point sources.
12. Discharge of solid waste, including the
				  siting of junkyards and solid waste management facilities.
13. Discharge from agricultural
				  activities.
14. Discharge, use or
				  storage of pesticides.
15.
				  Application and storage of fertilizers.
16. Snow disposal and application and storage
				  of winter highway maintenance materials.