New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter X - DIVISION OF WATER RESOURCES
Subchapter A - GENERAL
Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY
Part 701 - Classifications-surface Waters And Groundwaters
Discharge Restriction Categories
Section 701.20 - Purpose
Universal Citation: 6 NY Comp Codes Rules and Regs ยง 701.20
Current through Register Vol. 46, No. 39, September 25, 2024
(a) The discharge restriction categories may be assigned to:
(1)
waters of particular public health concern;
(2) significant recreational or ecological
waters where the quality of the water is critical to maintaining the value for
which the waters are distinguished; and
(3) other sensitive waters where the
department has determined that existing standards are not adequate to maintain
water quality.
(b) Waters of particular public health concern may include:
(1) waters within a 60-day water
time-of-travel of unfiltered public water supply intake points;
(2) public water supply watersheds with
reservoirs experiencing accelerated eutrophication;
(3) groundwaters requiring such protection as
specified in watershed rules and regulations or wellhead protection programs;
and
(4) marine waters certified by
the department for taking of shellfish.
(c) Significant recreational and ecological waters may include:
(1) wild and scenic rivers
designated as per ECL 15-2701 and Part 666 of this Title;
(2) critical aquatic habitat for fishes,
amphibians, or aquatic invertebrates listed as endangered, threatened, or of
special concern in Part 182 of this Title;
(3) State park waters;
(4) State and Federal wildlife management
area waters;
(5) groundwaters and
surface waters tributary to and within freshwater wetlands designated class I
pursuant to Part 664 of this Title;
(6) classified waters within intertidal marsh
and coastal fresh marsh tidal wetlands designated as per Part 661 of this
Title;
(7) waters protected under
the Constitution of the State; and
(8) pristine, minimally impacted waters with
a diversity of naturally reproducing aquatic species.
(d) Other sensitive waters may include:
(1) recreational waters where accelerated
eutrophication threatens current and future use of the waters;
(2) waters where physical accumulation or
bioaccumulation of contaminants produce water use impairments;
(3) small trout spawning streams;
and
(4) waters with little
assimilative capacity due to natural background conditions or human
activities.
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