Current through Register Vol. 46, No. 45, November 2, 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;(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.N.Y. Comp. Codes R. & Regs. Tit. 6 § 701.20