Current through Register Vol. 46, No. 12, March 20, 2024
(a) The
following waters of the Interstate Environmental District are hereby classified
as class A:
(1) the East River, east of the
Whitestone Bridge and extending out and including the Long Island Sound waters
west of a line from the easterly side of New Haven Harbor at Morgan Point in
Connecticut to the easterly side of Port Jefferson Harbor in New
York;
(2) the Hudson River, from
the New York - New Jersey state line opposite Hastings on Hudson to the
northerly line of Rockland County on the westerly side and the northerly line
of Westchester County on the easterly side;
(3) the Hudson River from its confluence with
the Harlem River to the New York - New Jersey state line opposite Hastings on
Hudson;
(4) the Raritan River, east
of the Victory Bridge and into Raritan Bay and to the lower end of the Arthur
Kill on a line drawn from the southernmost point of Staten Island to the
southernmost point of Perth Amboy;
(5) Sandy Hook Bay;
(6) the Lower New York Bay, northerly to a
line drawn from the tip of Fort Wadsworth on Staten Island to the tip of
Seagate in Brooklyn; and
(7) the
Atlantic Ocean and the estuaries and tidal waters thereof, west of the easterly
side of Fire Island Inlet and continuing into Lower New York Bay.
(b) The following waters of the
Interstate Environmental District are hereby classified as class B-1:
(1) the Hudson River, south of a line from
the confluence with the Harlem River into the Upper New York Harbor and the
portion of the Lower Bay which is north of a line from Fort Wadsworth in Staten
Island to the tip of Seagate in Brooklyn. For the purposes of this Part, the
Upper New York Harbor terminates at the mouth of the Kill Van Kull (at a
north-south line drawn from the northernmost point of Staten Island to the
easternmost point at Constable Hook in Bayonne) and to the mouth of the East
River (a true east-west line passing through the southernmost tip of Manhattan
Island at the Battery and extending to the east shore of the East River in
Brooklyn);
(2) the waters of the
East River north of a true east-west line passing through the southernmost tip
of Manhattan Island to the Battery extending to the Whitestone Bridge (except
that Newton Creek shall remain B-2) and including the Harlem River to its
confluence with the Hudson River; and
(3) the lower portion of the Arthur Kill,
north of a line from the southernmost part of Staten Island to the southernmost
part of Perth Amboy and south of Outerbridge Crossing.
(c) The following waters of the Interstate
Environmental District are hereby classified as class B-2: the waters of the
Arthur Kill, north of Outerbridge Crossing and into and including the Newark
Bay up to the mouths of the Passaic and Hackensack Rivers and into the Kill Van
Kull west of a north-south line drawn from the northernmost point of Staten
Island to the easternmost point at Constable Point in Bayonne.
(d) The classifications made by this Part
shall be governed by, and implement, any water and related land resource plans,
water use plans or pollution control plans adopted by appropriate agencies of
the signatory states. To this end, particular waters within a geographic area
designated by this Part as belonging to a given class or subclass shall,
notwithstanding such designation, be deemed to belong to the class or subclass
which is appropriate for the use or uses prescribed in the water and related
land resource plan, water use plan or pollution control plan of the state in
which the waters in question are situated and which is applicable
thereto.
