N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 128-10.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 128-10.3 - Tests for analytical determination of concentrations of elements

The following tests and 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.

(a) 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 Subpart 128-4 of this Part, 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 Subpart 128-4 of this Part, 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 tributaries into each reservoir. At every station, an integrated sample of the photic zone shall be taken. At deeper stations, samples will be collected from the metatimnion 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.

(b) Tests and analytical determinations. Tests or analytical determinations to determine compliance or noncompliance with the water quality standards in Subpart 128-4 of this Part should be made in accordance with:

(1) Standard Methods for the Examination of Water and Wastewater, 12th edition, 1965, Table 18, Qualitative Description of Odors, page 306. American Public Health Association, American Water Works Association, and Water Pollution Control Federation, 2626 Pennsylvania Avenue NW, Washington, DC 20037.

(2) Standard Methods for the Examination of Water and Wastewater, 18th edition, 1992, American Public Health Association, American Water Works Association, and Water Environment Federation, 2626 Pennsylvania Avenue NW, Washington, DC 20037.

(3) Methods for Chemical Analysis of Water and Wastes, 1979, Environmental Protection Agency (EPA), Superintendent of Documents, US Government Printing Office, Washington, DC 20402; and

(4) By other methods approved by the commissioner as giving results equal or superior to methods listed in any of the above documents.

(c) All materials referenced in this Subpart are available for inspection and copying at the New York State Department of Health, Office of Regulatory Affairs, Corning Tower, Room 2415, Empire State Plaza, Albany, NY, 12237, and the Department of Environmental Protection, 465 Columbus Avenue, Valhalla, NY 10595.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 128-10.3