N.Y. Comp. Codes R. & Regs. tit. 6 § 701.20

Current through Register Vol. 46, No. 45, November 2, 2024
Section 701.20 - Purpose
(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.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 701.20