Subchapter A: General Provisions
(a) The health, welfare and economic well-being of nearly nine million residents in the five counties of New York City ("the City"), and of an increasing number of upstate New York communities is inextricably tied to the quality of the source waters in the watersheds of the New York City Water Supply located in Westchester, Putnam, Dutchess, Delaware, Ulster, Greene, Sullivan and Schoharie Counties, and Fairfield County in Connecticut. The high quality of these waters faces a continuing threat from the cumulative and episodic impacts of pollution sources generated by certain land uses and activities in the watersheds. It is the duty of the Commissioner of the New York City Department of Environmental Protection (the "Department") to protect the high quality of waters from which the City's water supply is drawn and preserve it from degradation for the purpose of protecting the health and general welfare of its consumers.
(b) These rules and regulations repeal in their entirety and supersede the Rules and Regulations for the Department of Water Supply, Gas and Electricity of the City of New York enacted the 11th day of June, 1953.
(c) These rules and regulations are hereby enacted pursuant to the authority vested in the Commissioner of the Department of Environmental Protection, as set forth in 15 RCNY § 18-13.
(a) The quality of the drinking water supplied to the City and upstate communities which draw from the New York City water supply depends primarily on the quality of the source waters which feed the reservoirs. The source waters and reservoirs are vulnerable to degradation and contamination from various sources and activities, including, but not limited to:
(1) Wastewater discharges to surface water and groundwater;
(2) Urban, suburban, rural, mining, silvicultural and agricultural land use practices that result in nonpoint source runoff of pollution and/or in adverse changes in the natural rate at which water flows into and through a delineated drainage basin; and
(3) Improper use, handling, storage, transport and/or disposal of substances, including but not limited to, hazardous substances, radioactive materials, pesticides, fertilizers, winter highway maintenance materials, solid wastes, and animal wastes.
(b) The Department finds that such sources and activities, either alone or in conjunction with any other related activities, may constitute a source of contamination to or degradation of the water supply, may cause a contravention of the State water quality standards set forth in 6 NYCRR Parts 701-705, and Subchapter D of these rules and regulations, and may result in the impairment of the use of the water supply for drinking, culinary or food processing purposes.
(c) In response to the Safe Drinking Water Act Amendments of 1986, the United States Environmental Protection Agency has begun implementing a significant expansion of regulatory requirements for public water systems. In order to protect the public health, and to satisfy the legislative mandates of the Safe Drinking Water Act Amendments and the rules and regulations in 40 C.F.R. Parts 141 and 142, the New York State Department of Health has amended the State Sanitary Code, 10 NYCRR Part 5, Subpart 5-1, Public Water Systems, which contains New York State's Surface Water Treatment Rule. Although both Federal and State law propose filtration as a method for water quality treatment for pathogen control, the effectiveness of the filtration process and complexity of plant operation is dependent upon the quality of the water entering the filtration plant. In addition, many contaminants are not removed by conventional filtration. Therefore, it is clear that enhancement of the City's existing watershed rules and regulations would be necessary even if the City were to build filtration plants to filter its entire water supply.
(d) It is the goal and intent of these rules and regulations to protect the public health by averting future contamination to and degradation of the water supply and by remediating existing sources of pollution or degradation of the New York City water supply. These rules and regulations implement the Department's intention to minimize the discharge of pollutants into the source waters from both point and nonpoint sources, minimize the adverse impacts of erosion, limit the discharge of phosphorus to source waters which may accelerate the eutrophication process, and provide notification to the City of ongoing or proposed activities, which either alone or in conjunction with other existing and proposed regulated activities, may cause contamination to or degradation of the water supply.
(e) It is the purpose of these rules and regulations to insure compliance with the Federal and State standards by providing a comprehensive watershed protection program. Furthermore, these rules and regulations articulate an antidegradation policy for the New York City water supply system. These rules and regulations are promulgated to govern those activities in the watershed that threaten the quality of the water supply of the numerous upstate communities and the City of New York. While bound by its responsibility to protect the public health, the City has also taken the needs of the communities and businesses in the New York City watershed into consideration in drafting and promulgating these rules and regulations.
(f) The City reserves the right to re-examine these rules and regulations periodically to insure that they continue to further the goal and intent referred to in paragraph (d) of this subdivision and the purposes referred to in paragraph (e) of this subdivision.
(Amended City Record 10/30/2019, eff. 11/29/2019)
These rules and regulations are promulgated pursuant to Article 11 of the New York State Public Health Law and § 24-302 of the New York City Administrative Code, and have been duly promulgated by the Commissioner of the Department of Environmental Protection of the City of New York and approved by the Commissioner of the New York State Department of Health. These rules and regulations shall become effective upon completion of any conditions set forth in the approval issued by the New York State Department of Health pursuant to § 1100(1) of the Public Health Law; publication of these rules and regulations pursuant to § 1100(2) of the Public Health Law; and upon completion of the requirements of the New York City Administrative Procedure Act.
(a) These rules and regulations apply to all persons undertaking, or proposing to undertake, the activities in the categories listed below, where such activities are specifically regulated in these rules and regulations and occur in the New York City watershed:
(1) Discharge or storage of pathogenic materials.
(2) Discharge or storage of hazardous substances and hazardous wastes.
(3) Discharge or storage of radioactive materials.
(4) Discharge or storage of petroleum products.
(5) Discharge or transport of human excreta and use of holding tanks.
(6) Design, construction and operation of wastewater treatment plants.
(7) Design, construction and operation of sewer systems and service connections.
(8) Design, construction and operation of intermediate sized and individual sewage treatment systems.
(9) Discharge of stormwater and sediment, and preparation and implementation of stormwater pollution prevention plans.
(10) Construction of impervious surfaces.
(11) Discharge from miscellaneous point sources.
(12) Discharge of solid waste, including the siting of junkyards and solid waste management facilities.
(13) Discharge from agricultural activities.
(14) Discharge or storage of pesticides.
(15) Application and storage of fertilizers.
(16) Snow disposal and application and storage of winter highway maintenance materials.
(b) These rules and regulations apply to substantial alterations or modifications of the activities described in subdivision (a) of this section.
(c) These rules and regulations apply to a substantial alteration or modification of any noncomplying regulated activity, as set forth in these rules and regulations.
(d) These rules and regulations apply to noncomplying regulated activities that are required to come into compliance with these rules and regulations as set forth in these rules and regulations.
(e) The boundaries of the New York City watershed have been delineated on United States Geological Survey maps, which are available for inspection at the offices of the local representatives of the Department listed in 15 RCNY § 18-15. A map of the watershed is provided in Appendix 18-A of this Part for reference purposes only.
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