New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Chapter XVIII - Delaware River Basin Commission
Subchapter B - Water Quality Regulations
Part 861 - Application Of Standards (article 4)
Effluent Quality Requirements
Section 861.12 - Temperature
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Trout waters.
In waters classified for trout use the discharge of waste effluent shall not increase the ambient temperature of the receiving waters by more than 5°F (2.8°C) until stream temperatures reach 50°F (10.0°C), nor by more than 2°F (1.1°C) when stream temperatures are between 50°F (10.0°C) and 58°F (14.4°C), nor shall such discharge result in stream temperature exceeding 58°F (14.4°C), which temperatures shall be measured in the stream outside of heat dissipation areas as described in subdivision (f) of this section.
(b) Other nontidal waters.
In nontidal waters other than described in subdivision (a) of this section, the discharge of waste effluents shall not increase the ambient temperature of the receiving waters by more than 5°F (2.8°C), nor shall such discharge result in stream temperature exceeding 87°F (30.6°C), which temperatures shall be measured in the stream outside of heat dissipation areas as described in subdivision (f) of this section.
(c) Zones 2, 3 and 4.
The induced temperature increase shall not exceed 5°F (2.8°C) above the average 24-hour temperature gradient displayed during the 1961-1966 period, or a maximum of 86°F (30.0°C), whichever is less, which temperatures shall be measured outside of designated heat dissipation areas as described in subdivision (f) of this section.
| Zone 2 | ||||||
|
Date |
RM 133.4 to 108.4 |
RM 108.4 to 95.0 |
RM 95.0 to 78.8 |
|||
|
(1) |
(2a) |
(2b) |
(3a) |
(3b) |
(4a) |
(4b) |
| °F |
°C |
°F |
°C |
°F |
°C |
|
| Jan. 1 | 37 | 2.8 | 41 | 5.0 | 42 | 5.6 |
| Feb. 1 | 35 | 1.7 | 35 | 1.7 | 36 | 2.2 |
| March 1 | 38 | 3.3 | 38 | 3.3 | 40 | 4.4 |
| April 1 | 46 | 7.8 | 46 | 7.8 | 47 | 8.3 |
| May 1 | 58 | 14.4 | 58 | 14.4 | 58 | 14.4 |
| June 1 | 71 | 21.7 | 71 | 21.7 | 72 | 22.2 |
| July 1 | 79 | 26.1 | 79 | 26.1 | 80 | 26.7 |
| Aug. 1 | 81 | 27.2 | 81 | 27.2 | 81 | 27.2 |
| Sept. 1 | 78 | 25.6 | 79 | 26.1 | 78 | 25.6 |
| Sept. 15 | 76 | 24.4 | 77 | 25.0 | 76 | 24.4 |
| Oct. 1 | 70 | 21.1 | 70 | 21.1 | 70 | 21.1 |
| Nov. 1 | 59 | 15.0 | 61 | 16.1 | 60 | 15.6 |
| Dec. 1 | 46 | 7.8 | 50 | 10.0 | 50 | 10.0 |
| Dec. 15 | 40 | 4.4 | 45 | 7.2 | 45 | 7.2 |
(d) Zone 5.
The induced increase above ambient temperature shall not exceed 4°F (2.2°C) from September to May and 1.5°F (0.8°C) from June to August, or a maximum of 86°F (30.0°C), whichever is less, which temperatures shall be measured outside of designated heat dissipation areas as described in subdivision (f) of this section.
(e) Zone 6.
The induced increase above ambient temperature shall not exceed 4°F (2.2°C) from September to May and 1.5°F (0.8°C) from June to August, or a maximum of 85°F (29.4°C), whichever is less, which temperatures shall be measured outside of designated heat dissipation areas as described in subdivision (f) of this section.
(f) Heat dissipation areas.
The limitations specified above may be exceeded by special permit in heat dissipation areas designated on a case-by-case basis, subject to the following conditions:
Maximum length. As a guideline, heat dissipation areas shall not be longer than 3,500 feet, measured from the point where the waste discharge enters the stream.
Where waste discharges would result in heat dissipation areas in such close proximity as to impair protected uses, additional limitations may be prescribed to avoid such impairment.
(g) Definitions.
