New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter B - CLASSES AND STANDARDS OF QUALITY AND PURITY ASSIGNED TO FRESH SURFACE AND TIDAL SALT WATERS › Article 10 - LOWER HUDSON RIVER DRAINAGE BASIN SERIES › Part 864 - LOWER HUDSON RIVER DRAINAGE BASIN FROM MOUTH TO NORTHERN WESTCHESTER-ROCKLAND COUNTY LINES › Section 864.4 - Special conditions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
					 streams or other bodies of water which appear as lines to indicate natural
					 waters on the reference maps herein, and which are not specifically designated
					 in table I of this Part, shall be assigned the same classes and standards of
					 quality and purity as the specifically designated waters to which they are
					 directly tributary.
(b) All
					 streams, ponds, estuaries, and other collections of natural waters within the
					 designated drainage basin above described, which waters are not shown on the
					 reference maps, shall be assigned, if they are fresh surface waters, to class D
					 with the standards of quality and purity for class D assigned thereto; or, if
					 they be tidal salt waters, such waters as are not shown on the reference maps
					 shall be assigned class SD with the standards of quality and purity for class
					 SD assigned thereto. Provided, however, that any continuous natural stream
					 which is not shown on the reference maps shall have the same classification and
					 assigned standards as the waters to which it is directly tributary.
(c) Notwithstanding the items indicated in
					 table I of this Part and the aforementioned special conditions statements,
					 which, in some instances, may indicate assignment of other than class A to
					 streams tributary to New York City water supply impoundments within lands owned
					 by New York City, such waters within the boundaries of lands owned by New York
					 City shall be assigned to class A with standards of quality and purity for
					 class A.
(d) Section 17-1105  of the Environmental
					 Conservation Law, provides that conflicting laws regarding water pollution
					 control shall be ancillary to and supplement the Environmental Conservation
					 Law, except if they are in direct conflict. Accordingly, the watershed rules
					 and regulations promulgated to protect certain water supply areas shall not be
					 abridged or altered.
(1) In regard to adoption
					 of classifications and standards of water quality under article 17 of the
					 Environmental Conservation Law, and in the enforcement of the provisions of
					 such article, it is recognized that any rules and regulations either made or
					 promulgated by the Department of Health under article 11 of the Public Health
					 Law for the protection from contamination of public water supplies, will apply
					 in accordance with law, and the adoption of classifications by the Department
					 of Environmental Conservation herein shall in no manner limit the protection of
					 waters afforded by said rules and regulations.
(2) In regard to adoption and enforcement of
					 classifications and standards of water quality under article 17 of the
					 Environmental Conservation Law for waters tributary to New York City water
					 supplies, it is recognized that any rules and regulations of the New York City
					 Department of Environmental Protection, as approved by the State Commissioner
					 of Health, will apply in accordance with law, and the adoption of the
					 classifications herein by the Department of Environmental Conservation and the
					 enforcement thereof by the State Commissioner of Environmental Conservation in
					 no manner shall limit or lessen or abridge the protection afforded by said
					 rules and regulations of the New York City Department of Environmental
					 Protection.