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 670 - Reservoir Releases Regulations: Schoharie Reservoir-shandaken Tunnel-esopus Creek
Section 670.4 - Monitoring

Universal Citation: 6 NY Comp Codes Rules and Regs ยง 670.4

Current through Register Vol. 46, No. 39, September 25, 2024

(a) The department reservoir releases manager shall be responsible for monitoring all actions taken pursuant to this Part on a continuous basis in order to determine whether any significant adverse environmental impacts, including but not limited to fishkill incidents, occur as a result of the operation of the Shandaken tunnel by the city pursuant to this Part. The department reservoir releases manager shall promptly investigate any such incidents which may occur and report the results of such incidents to the city reservoir releases manager.

(b) The department reservoir releases manager shall be responsible for conducting studies in order to:

(1) establish additional detailed rates for opening and closing the Shandaken tunnel when the flow in Esopus creek exceeds 300 mgd (465 cfs) as measured at the Shandaken gaging station,

(2) identify means for reducing or eliminating turbidity in Esopus creek associated with the operation of the Shandaken tunnel, and

(3) provide a technical data base for resolving such other problems and issues associated with the diversion of water through the Shandaken tunnel as may be identified. The department reservoir releases manager shall consult with the city reservoir releases manager regarding such studies.

(c) The department shall have authority, upon reasonable notice, to enter and inspect any property or premises for the purpose of investigating either actual, suspected or potential environmental degradation caused by actions which do or do not comply with the provisions of this Part, for the purpose of ascertaining whether certain actions do or do not comply with the provisions of this Part, or for the purpose of monitoring any actions which do or do not comply with the purposes of this Part.

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