§ 17-0301 — Classification of waters and adoption of standards

§ 17-0301. Classification of waters and adoption of standards.\n 1. It is recognized that, due to variable factors, no single standard\nof quality and purity of the waters is applicable to all waters of the\nstate or to different segments of the same waters.\n 2. In order to attain the objectives of this article, the department\nafter proper study, and after conducting public hearing upon due notice,\nshall group the designated waters of the state into classes. Such\nclassification shall be made in accordance with considerations of best\nusage in the interest of the public and with regard to the\nconsiderations mentioned in subdivision 3 hereof.\n 3. In adopting the classification of waters and the standards of\npurity and quality above mentioned, the department shall give\nconsideration to:\n a. The size, depth, surface area covered, volume, direction and rate\nof flow, stream gradient and temperature of the water;\n b. The character of the district bordering said waters and its\npeculiar suitability for the particular uses, and with a view to\nconserving the value of the same and encouraging the most appropriate\nuse of lands bordering said waters, for residential, agricultural,\nindustrial or recreational purposes;\n c. The uses which have been made, are being made or may be made, of\nsaid waters for transportation, domestic and industrial consumption,\nbathing, fishing and fish culture, fire prevention, the disposal of\nsewage, industrial waste and other wastes, or other uses within this\nstate, and, at the discretion of the department, any such uses in\nanother state on interstate waters flowing through or originating in\nthis state;\n d. The extent of present defilement or fouling of said waters which\nhas already occurred or resulted from past discharges therein.\n 4. The department, after proper study, and after conducting public\nhearings upon due notice, shall adopt and assign standards of quality\nand purity for each such classification necessary for the public use or\nbenefit contemplated by such classification. Such standards shall\nprescribe what qualities and properties of water shall indicate a\npolluted condition of the waters of the state which is actually or\npotentially deleterious, harmful, detrimental or injurious to the public\nhealth, safety or welfare, to terrestrial or aquatic life or the growth\nand propagation thereof, or to the use of such waters for domestic,\ncommercial, industrial, agricultural, recreational or other reasonable\npurposes, with respect to the various classes established pursuant to\nsubdivision 2 hereof.\n 5. In establishing such standards, consideration shall be given to the\nfollowing factors: a. The extent, if any, to which floating solids may\nbe permitted in the water;\n b. The extent to which suspended solids, colloids or a combination of\nsolids with other substances suspended in water, may be permitted;\n c. Organisms of the coliform group or any other organisms from wastes\nof animal or human origin shall not exceed the following prescribed\nstandards for usage of the classified waters of the state:\n (1) Sources of water supply for drinking, culinary or food processing\npurposes which, if subjected to approved disinfection treatment, with\nadditional treatment if necessary to remove naturally present\nimpurities, meet or will meet New York State Health Department drinking\nwater standards and any other usages: For such sources the monthly\nmedian coliform value for one hundred ml of sample shall not exceed\nfifty from a minimum of five examinations and provided that not more\nthan twenty percent of the samples shall exceed a coliform value of two\nhundred forty for one hundred ml of sample.\n (2) Sources of water supply for drinking, culinary or food processing\npurposes which, if subjected to approved treatment equal to coagulation,\nsedimentation, filtration and disinfection, with additional treatment if\nnecessary to reduce naturally present impurities, will meet New York\nState Department of Health drinking water standards; bathing, fishing,\nboating, and any other usages: For such sources the monthly median\ncoliform value for one hundred ml of sample shall not exceed five\nthousand from a minimum of five examinations and provided that not more\nthan twenty percent of the samples shall exceed a coliform value of\ntwenty thousand for one hundred ml of sample.\n (3) Sources of water for bathing, fishing, boating, and any other\nusages except shellfishing for market purposes in tidal salt waters: For\nsuch sources the monthly median coliform value for one hundred ml of\nsample shall not exceed two thousand four hundred from a minimum of five\nexaminations and provided that not more than twenty percent of the\nsamples shall exceed a coliform value of five thousand for one hundred\nml of sample and provided further that surface waters receiving treated\nsewage discharges which pass through residential communities where there\nis a potential exposure of population to the surface waters shall be\nprotected by the requirement that all effluents from sewage treatment\nplants shall be adequately disinfected prior to discharge into the\nsurface waters in order that the monthly median coliform value for one\nhundred ml of sample shall not exceed two thousand four hundred from a\nminimum of five examinations and provided that not more than twenty\npercent of the samples shall exceed a coliform value of five thousand\nfor one hundred ml of sample.\n (4) Sources of water for shellfishing for market purposes and any\nother usages of tidal salt waters: Median MPN not to exceed seventy\ncoliform organisms per one hundred milliliter sample in a series of four\nor more samples collected during any thirty-day period in the waters of\na shellfishing area, and not exceeding in more than ten percent of the\nsamples collected during the period an MPN of two hundred thirty\ncoliform organisms per one hundred milliliters for a five-tube, or an\nMPN of three hundred thirty per one hundred milliliters for a three-tube\ndecimal dilution test in those areas most probably exposed to fecal\ncontamination during the most unfavorable hydrographic conditions.\n (5) All samples shall be collected, analyzed, and reported in a manner\nsatisfactory to the commissioner.\n (6) When the above prescribed standards are exceeded the commissioner\nshall make an investigation to determine the source or sources of\npollution. When it shall appear to the commissioner after investigation,\nthat there has been a violation of any of the provisions of titles 1 to\n11, inclusive, and title 19 of this article he shall take further\nproceedings as provided in section 17-0905.\n (7) The department may adopt and assign more restrictive standards for\nthe best usages of the waters of the state.\n d. The extent of the oxygen demand which may be permitted in the\nreceiving waters;\n e. Such other physical, chemical or biological properties necessary\nfor the attainment of the objectives of this article, as set forth in\nsection 17-0101.\n 6. The adoption, alteration or modification of the standards of\nquality and purity, above prescribed, shall be made by the department\nonly after public hearing on due notice.\n 7. The "Rules and Classifications and Standards of Quality and Purity\nfor Waters of New York State," hitherto adopted by the former New York\nwater pollution control board by order made and entered October 23, 1950\neffective October 25, 1950, as duly amended in the manner provided by\nlaw, are hereby approved and adopted as the general system and plan of\nthe classification of the waters of the state and the standards of\nquality and purity thereof applicable to such general classification of\nthe waters and are hereby deemed established and adopted by the\ndepartment.\n 8. All classifications and standards of quality and purity hitherto\nassigned, by the former New York Water Pollution Control Board, or by\nthe former Water Resources Commission by order, duly and respectively\nmade and entered, to designated and specified waters of the state, are\nhereby approved and adopted as the classification and standards of\nquality and purity for such specified waters so respectively hitherto\nclassified and are hereby deemed established, adopted and so assigned by\nthe department.\n 9. The "Rules and Classifications and Standards of Quality and Purity\nfor Waters of New York State," so hitherto adopted by the former Water\nPollution Control Board and by the former Water Resources Commission and\nhereinabove readopted may from time to time be altered or modified by\nthe department after public hearing thereon. Any classification of the\nspecified waters of the state, so hitherto assigned by the former Water\nPollution Control Board or by the former Water Resources Commission and\nhereinabove readopted may from time to time be altered or modified by\nthe department after public hearing thereon.\n 10. Notices of public hearing for the consideration, adoption,\nmodification, alteration and/or amendment of the general\nclassification-standards system or of the classification of waters and\nthe standards of purity and quality thereof shall:\n a. Be published at least twice in a newspaper regularly published or\ncirculated in the county or counties bordering or through which the\nwaters sought to be classified, or for which standards are sought to be\nadopted, flow, the first date of publication of which shall be at least\nthirty days before the date fixed for such hearing, and\n b. Be mailed at least thirty days before such hearing to the chief\nexecutive of each municipal corporation bordering or through which said\nwaters, for which standards are sought to be adopted, flow, and to such\nother persons as the department has reason to believe may be affected by\nthe proposed standards.\n 11. The fact that an application for the modification or alteration of\nclassifications and standards of quality and purity has been made\npursuant to this section shall not of itself constitute a sufficient\nground for an injunction against, or a stay of, any proceeding or order\nauthorized by this article.\n 12. In all hearings in connection with the modification or alteration\nof classifications and standards of quality and purity heretofore\nassigned by the former Water Pollution Control Board or the former Water\nResources Commission or hereafter assigned by the department by order,\nduly and respectively made and entered, to designated and specified\nwaters of the state, except as provided in paragraphs a and b of\nsubdivision 10 of this section, the administrative procedures to be\nfollowed shall be governed by article two of the state administrative\nprocedure act.\n 13. The department shall not require the expense of any public hearing\ninitiated by petition of any person or public corporation in connection\nwith the adoption, modification or alteration of classification of\nwaters or standards of purity and quality thereof to be paid by such\nperson or public corporation.\n 14. The classification of waters and standards of quality and purity\nthereof, upon adoption, shall, before becoming effective, be filed with\nthe Secretary of State for publication in the "Official Compilation of\nCodes, Rules and Regulations of the state of New York" published\npursuant to section 102 of the Executive Law.\n