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 11 - MOHAWK RIVER DRAINAGE BASIN SERIES
Part 879 - SCHOHARIE CREEK DRAINAGE BASIN
Section 879.4 - Special conditions
Current through Register Vol. 46, No. 39, September 25, 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, 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 or other bodies of water which are not shown on the reference maps herein shall be assigned to class D, as set forth in Part 701, supra, except that any continuous flowing 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 and the aforementioned special conditions, (a) and (b), 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) Notwithstanding the items indicated in table I and the aforementioned special conditions statements which, in some instances, may indicate assignment of classifications for waters contained within the boundaries of the State-owned forest preserve lands and, therefore, controlled under the provisions of the State Constitution and the Conservation Law, such waters are hereby excluded from classification to the extent that any part of such waters may be located within the boundaries of the State-owned forest preserve lands. All waters within 100 feet of the boundaries of the State-owned forest preserve lands shall be assigned to class A with standards of quality and purity for class A.
(e) 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.