Subchapter I: Severability

§ 18-91 Severability.

The provisions of these rules and regulations shall be severable, and if any item, subclause, clause, sentence, subparagraph, paragraph, subdivision, section or subchapter of these rules and regulations, or the applicability thereof to any person or circumstance, shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, and the application thereof, but shall be confined in its operation to the item, subclause, clause, sentence, subparagraph, paragraph, subdivision, section or subchapter thereof, or to the person or circumstance directly involved in the controversy in which such judgment shall have been rendered.

Appendix 18-A: Watershed Maps

   (a)   The watershed area for the New York City water supply lies in the parts of the following counties and towns that are delineated on Map 18-A.1:

      (1)   Delaware County: In the towns of Andes, Bovina, Colchester, Delhi, Deposit, Franklin, Hamden, Harpersfield, Kortright, Masonville, Meredith, Middletown, Roxbury, Sidney, Stamford, Tompkins, Walton.

      (2)   Dutchess County: In the towns of Beekman, East Fishkill, Pawling.

      (3)   Fairfield County (Connecticut): In the towns of Danbury, Greenwich, New Fairfield, Ridgefield, Sherman.

      (4)   Greene County: In the towns of Ashland, Halcott, Hunter, Jewett, Lexington, Prattsville, Windham.

      (5)   Putnam County: In the towns of Carmel, Kent, Patterson, Putnam Valley, Southeast.

      (6)   Schoharie County: In the towns of Broome, Conesville, Gilboa, Jefferson.

      (7)   Sullivan County: In the towns of Fallsburg, Liberty, Neversink.

      (8)   Ulster County: In the towns of Denning, Hardenburgh, Hurley, Kingston, Marbletown, Olive, Rochester, Shandaken, Wawarsing, Woodstock.

      (9)   Westchester County: In the towns of Bedford, Cortlandt, Harrison, Lewisboro, Mount Kisco, Mount Pleasant, New Castle, North Castle, North Salem, Pound Ridge, Somers, Yorktown.

   (b)   The watershed areas for the New York City water supply that lie within the 60 day travel time to intake are delineated on Map 18-A.2.

      (1)   In the East-of-Hudson System, the entire reservoir and controlled lake drainage basins of Boyds Corner, Croton, Kensico, Lake Gleneida, Muscoot, West Branch, and parts of the reservoir drainage basins of Amawalk, Cross River, Croton Falls, and Titicus are within the 60 day travel time to intake.

      (2)   In the West-of-Hudson System, the entire reservoir drainage basin of Rondout, and parts of the reservoir drainage basins of Ashokan, Cannonsville, Neversink and Pepacton are within the 60 day travel time to intake.

   (c)   The reservoir drainage basins for each reservoir are delineated on Map 18-A.3.

   (d)   Detailed maps of each area within the 60 day travel time to intake are available at the regional offices listed in 15 RCNY § 18-15.

Map 18-A.1(a) East of Hudson Watershed: Counties and Towns 

  

Map 18-A.1(b) West of Hudson Watershed: Counties and Towns

 

Map 18-A.2(a) East of Hudson Watershed: 60 Day Travel Time 

 

Map 18-A.2(b) West of Hudson Watershed: 60 Day Travel Time 

 

Map 18-A.3(a) East of Hudson Watershed: Reservoir Drainage Basins

Map 18-A.3(b) West of Hudson Watershed: Reservoir Drainage Basins

(Amended City Record 10/30/2019, eff. 11/29/2019)

Appendix 18-B: System Specific Water Quality Characteristics and Applicable Monitoring Criteria

   (a)   The system specific water quality characteristics of the reservoirs and reservoir stems, as of September 1990, are set forth in Tables 1 and 2 of this Appendix. It is the intension of the Department that the System specific characteristics be maintained at the stated levels by implementation and enforcement of these rules and regulations.

TABLE 1
System Specific Characteristics: Reservoir Standards (mg/L)

	Croton System		Catskill/Delaware System (including Kensico)
	Annual Mean	S/S/M*	Annual Mean	S/S/M*
Alkalinity (mg CaCO3/L)	≥40.00		≥10.00
Ammonia Nitrogen	0.05	0.10	0.05	0.10
Chloride 30.00	40.00	8.00	12.00
Nitrite + Nitrate -N	0.30	0.50	0.30	0.50
Organic Nitrogen	0.50	0.70	0.50	0.70
Sodium	15.00	20.00	3.00	16.00
Sulfate	15.00	25.00	10.00	15.00
Total Diss. Solids	150.00	175.00	40.00	50.00
Total Organic Carbon	6.00	7.00	3.00	4.00
Total Susp. Solids	5.00	8.00	5.00	8.00
Chlorophyll-a	0.01	0.015	0.007	0.012

 

* S/S/M means Single Sample Maximum

TABLE 2
System Specific Characteristics: Reservoir Stem Standards (mg/L)

	Croton System		Catskill/Delaware System (including Kensico)
	Annual Mean	S/S/M*	Annual Mean	S/S/M*
Alkalinity (mg CaCO3/L)		≥40.00		≥10.00
Ammonia Nitrogen	0.10	0.2	0.05	0.25
Chloride 30.00	35.00	100.00	10.00	50.00
Nitrite + Nitrate -N	0.35	1.50	0.40	1.50
Organic Nitrogen	0.50	1.50	0.50	1.50
Sodium	15.00	20.00	5.00	10.00
Sulfate	15.00	25.00	10.00	15.00
Total Diss. Solids	150.00	175.00	40.00	50.00
Total Organic Carbon	9.00	25.00	9.00	25.00
Total Susp. Solids	5.00	8.0	5.00	8.00

 

* S/S/M means Single Sample Maximum

   (b)   The following monitoring methods are used by the Department in assessing the impacts of a regulated activity on a reservoir, reservoir stem or controlled lake. An applicant may conduct sampling in waters owned by the City as set forth herein with prior authorization by the Department.

   (c)   Collection of Samples and Assessment of Impacts. 

      (1)   In conducting tests or making analytical determinations to ascertain conformity or nonconformity with the standards set forth in Subchapter D, samples should be collected from locations which are representative of the general quality of water in the watercourse, reservoir, reservoir stem or controlled lake.

      (2)   In assessing the impact of a proposed regulated activity on a watercourse, reservoir, reservoir stem, or controlled lake, or in determining compliance with the standards set forth in Subchapter D, the Department will examine the impacts of the proposed activity throughout the year and the impacts on the photic, metalimnion and hypolimnion zones of the reservoir, reservoir stem or controlled lake.

      (3)   Impacts on reservoirs will be determined on the basis of samples taken on a schedule which is sufficient to reflect temporal variability and to meet regulatory requirements.

      (4)   Sampling locations in reservoirs will include: dams, intakes, mid-pool stations, and main tributary arms into each reservoir. At every station, a sample of the photic zone shall be taken. At deeper stations, samples will be collected from the metalimnion and hypolimnion.

      (5)   Reservoir stem samples should be collected in the section of the reservoir stem that is free-flowing and unimpeded by the reservoir when the impoundment is at full pool elevation.

   (d)   Tests and Analytical Determinations. In determining compliance or noncompliance with the water quality standards in Subchapter D, the Department will only consider tests or analytical determinations made by laboratories certified by the New York State Department of Health.

(Amended City Record 10/30/2019, eff. 11/29/2019)