N.Y. Comp. Codes R. & Regs. tit. 10 § 128-4.1

Current through Register Vol. 46, No. 25, June 18, 2024

Section 128-4.1 - Water quality standards

(a) The water in all reservoirs, Lake Gilead, and Lake Gleneida, shall meet the following standards of quality:

(1) Parts 701 (narrative standards) and 703 (standards applicable to Class AA waters) of Title 6 NYCRR:

(i) for purposes of determining compliance with this Subpart, the department shall take water samples from the reservoirs; and

(ii) where total coliform standards exceed the standards set forth in Parts 701 and 703 of Title 6 NYCRR, and are determined by the department to be due to a non-perennial, non-anthropogenic source, such exceedances shall not be included in calculating whether a violation of these rules and regulations has occurred.

(2) The New York State Department of Environmental Conservation Technical and Operational Guidance Series (TOGS) 1.1.1, Ambient Water Quality Standards and Guidance Values (October 22, 1993) which sets forth the ambient water quality standards and guidance values for principal organic chemicals and synthetic organic chemicals.

(b) The water within 500 feet of the aqueduct effluent chamber located at a terminal reservoir (Kensico, West Branch, New Croton, Ashokan and Rondout) shall meet the following coliform standard:

(1) Raw water fecal coliform concentrations shall be equal to or less than 20 colonies per 100 milliliters or total coliform concentration shall be equal to or less than 100 colonies per 100 milliliters in at least 90 percent of the measurements made over any consecutive six-month period. For purposes of determining compliance with this Subpart, a minimum of five samples per week will be taken from each reservoir. If both fecal and total coliform analyses are performed, the fecal coliform results shall take precedence over the total conform analysis.

(i) Where fecal coliform standards exceed the above standards, and are determined by the department to be due to non-perennial, non anthropogenic sources, such exceedances shall not be included in calculating whether a violation of these rules and regulations has occurred.

(c) The department shall, on an annual basis, conduct a review of all reservoirs and controlled lakes for the purpose of determining whether each reservoir and controlled lake meets or fails to meet the water quality standards set forth in subdivisions (a) and (b) of this section, as applicable. The results of the department's review, together with the calculations used in arriving at the results for each reservoir, shall be published in a report which shall be made available to the public upon request.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 128-4.1