N.Y. Comp. Codes R. & Regs. tit. 6 § 649.13

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

Section 649.13 - Priority ranking system scoring criteria

The numerical scores in the priority ranking system for project categories A, B, C, D and E are based on the following criteria:

A. Existing source.

B. Water quality improvement.

C. Consistency with management plans.

D. Intergovernmental needs.

E. Financial need (municipal projects only).

F. Economic need.

The total numerical score for the project being scored shall be the sum of the scores for criteria A, B, C, D, E and F for municipal projects and criteria A, B, C, D and F for non-municipal projects. Project category G projects will be selected based upon criteria set forth in the IUP.

The project score will be based on information in the approvable facilities plan or engineering report. Projects without approvable facilities plans or engineering reports will be scored based on information from other sources and adjusted when a facilities plan or engineering report is determined to be approvable. Projects must be adequately supported by technical documentation, data, reports, etc.

A.Existing source criterion. The project receives a score based on whichever of the factors (1-5) listed below best describes the source of pollution associated with the impairment of use scored under criterion B which may be resolved by the project.

Factor
1.	A critical source of pollution a. A raw, partially treated or intermittent point or non point source causing or significantly contributing to a priority water problem which has been identified on priority waterbodies list (PWL) as "precluded" or "impaired" or is resulting in documented use impairment of surface and/or groundwater quality equivalent to "precluded" or "impaired", or b. A source from which bioaccumulative chemicals of concern (BCCs) would be reduced or eliminated.	50
2.	A significant source of pollution A raw, partially treated or intermittent point or nonpoint source causing or significantly contributing to a priority water problem which has been identified on priority waterbodies list (PWL) as "stressed" or "threatened" or causing a documented use impairment of surface and/or groundwater quality equivalent to "stressed" or "threatened".	25
3.	A potential source of pollution a. A point or nonpoint source causing or significantly contributing to a water use impairment that is not identified on the priority waterbodies list (PWL) nor causing a documented use impairment of surface water or groundwater quality, or b. A point or nonpoint source project necessary to maintain or protect existing facilities, conditions or water quality.	10
4.	Other A point or non point source project that was necessary to preserve, protect and/or improve surface and/or groundwater quality from a source of pollution identified in 1, 2, or 3 above and which construction was complete as defined in section 649.2(a)(9) of this Part prior to being listed in a final IUP.	5
5.	None of the above.	0

B.Water quality improvement criterion (WQIC). The WQIC is determined by the following three factors:

1) classification points factor (CPF);

2) impairment factor (IF); and

3) potential improvement factor (PIF). Based on the existing source identified for criterion A, points are allotted to a project on the basis of the State-assigned classification of the receiving water at the point of discharge, or where higher, the classification of downstream surface waters, the use of which is impacted or potentially impacted by the existing discharge. The points are modified depending upon the severity of impairment of the desired best usage of the receiving water and the potential for the proposed project to improve water quality.

The WQIC is calculated using the following equation: WQIC = CPF × IF × PIF

1.Classification points factor (CPF). Points are allotted to a project on the basis of State-assigned classification of the receiving water at the point of discharge, or where higher, the classification of downstream surface waters, the use of which is impacted or potentially impacted by the existing discharge.

*Classification*	*Description*	*Points*
AA, SA, GA (primary water supply acquifer), AA special	Specially protected high quality drinking water and shellfish.	8
A, A special, GA (other), GSA	Other drinking water	6
B, SB, C(T)¹, C (TS)	Contact recreation, trout and trout propagation.	4
C², SC, I	Other fishing.	3
D, SD, GSB	Other water uses.	2
Impairment of resources which have important environmental quality impacts such as odor, sludge disposal, sewer maintenance equipment, etc. or for a project which received a score under Existing Source Criterion, Factor 4.
No resource is impaired.

¹ (T) and (TS) indicate the application of standards to protect trout and trout spawning, respectively.

² Classification C without (T) or (TS) appended.

2.Impairment factor (IF). Points are allotted to a project based on the severity of impairment of the desired best usage of the affected surface water or groundwater caused by the existing discharge, as indicated in the priority waterbodies list (PWL), or verifiable documentation of the surface water and/or groundwater impairment.

*Impairment*	*Definition*	*Points*
Precluded	A use is not possible (i.e., frequent/persistent water quality or quantity conditions prevents all aspects of the waterbody use).	6
Impaired	A use cannot be fully met (i.e., occasional water quality or quantity conditions periodically prevent or discourage the use of the waterbody).	4
Stressed	A water quality problem is evident, but impairment is not clearly demonstrated (i.e., waterbody uses are not significantly limited or restricted, but occasional water quality or quantity conditions periodically discourage the use of the waterbody).	2
Threatened or None	There is a threat to future water quality but no existing evidence of impairment (i.e., water quality currently supports waterbody uses, however, existing or changed land use patterns may result in restricted use) or if a project maintained or protected water quality and was complete as defined in section 649.2(a)(9) of this Part prior to being listed in a final IUP.	1

3.Potential Improvement Factor (PIF). Points are allotted to the project based on the potential for the project to improve water quality.

*Factor*	*Points*
1. Degree of impairment reduced by three levels (i.e., from "Precluded" to "Threatened or None").	4
2. Degree of impairment reduced by two levels (i.e., from "Precluded" to "Stressed" or from "Impaired" to "Threatened or None").	3
3. Degree of impairment reduced by one level (i.e., from "Precluded" to "Impaired", from "Impaired" to "Stressed", or from "Stressed" to "Threatened or "None").	2
4. No reduction in impairment level.	1

C.Consistency with management plan criterion.

*Factor*	*Points*
1. A project that: (a) significantly addresses the highest priority water quality problem or solution identified in one of the following management plans: Peconic Estuary CCMP, South Shore Estuary Reserve CMP, Long Island Sound CCMP, New York/New Jersey Harbor CCMP, Hudson River Estuary Plan, Lake Champlain Management Plan, Onondaga Lake Plan, or Great Lakes Program, or	15
(b) is a land acquisition project whose primary purpose is to protect water quality, and that has been included as a priority in the most recent State Open Space Conservation Plan prepared pursuant to article 49-0207 of the ECL.
2. A project that: (a) significantly addresses the secondary or priority water quality problem or solution identified in one of the following management plans: Peconic Estuary CCMP, South Shore Estuary Reserve CMP, Long Island Sound CCMP, New York/New Jersey Harbor CCMP, Hudson River Estuary Plan, Lake Champlain Management Plan, Onondaga Lake Plan, or Great Lakes Program, or	10
(b) is a land acquisition project whose secondary purpose is to protect water quality, and that has been included as a priority in the most recent State Open Space Conservation Plan prepared pursuant to article 49-0207 of the ECL.
3. A project which is consistent with water quality policies or recommendations in the New York State Nonpoint Source Management Plan, the State's Open Space Conservation Plan or in a DEC approved watershed management plan.	5
4. None of the above.	0

Points may be allocated under C.1, C.2, C.3 or C.4.

D.Intergovernmental needs criterion.

1. Intergovermental needs.

*Factor*	*Points*
a. A project to abate water pollution which is required by an executed enforcement instrument or required by a SPDES permit to be undertaken.	25
b. A project that will maintain or protect the integrity of existing wastewater treatment facilities to insure continued SPDES compliance.	10
c. A land acquisition project that is identified as a high priority for acquisition in the most recent State Open Space Conservation Plan prepared pursuant to article 49-0207 of the ECL.	5
d. None of the above.	0

Points may be allocated under either D.1.a, D.1.b, D.1.c or D.1.d.

2.Construction start.

*Factor*	*Points*
A project that has commenced construction as defined in section 649.2(a)(7) of this Part.	5

E.Financial need criterion (municipal projects only).

*Factor*	*Points*
If a project received points under A - existing source criterion and B - water quality improvement criterion, or D.1.a - enforcement status criterion and the median household income (MHI) of the recipient in which the project service area is located is below the statewide MHI, the project receives 10 point for financial need.	10

The MHI of the recipient in which the project service area is located and the statewide MHI will be determined from income data in the most recent United States census. If there is reason to believe that the census data are not an accurate representation of the MHI within the area to be served, the reasons must be documented and the applicant will furnish, or the department may obtain, additional information regarding the MHI. Information will consist of reliable data from local, regional, State or Federal sources or from an income survey.

F.Economic need criterion.

*Factor*	*Points*
1. If a project receives points under A "" existing source criterion and B "" water quality improvement criterion, or D.1.a - enforcement status criterion, and the project is located in or serving an Empire Zone, the project receives 10 points for economic need.	10
2. If a land acquisition project has received a commitment for purchase by State as part of its most recent Open Space Conservation Plan prepared pursuant to article 49-0207 of the ECL, the project receives 5 points for economic need.	5

G.Green infrastructure, water or energy efficiency, environmentally innovative activities. [Reserved]

H.Tie breaking.

For municipal projects, in the event of equal total scores, preference shall be given: first to the project having the highest existing source criterion score; then, if not resolved, to the project receiving the highest water quality improvement criterion score; and finally, if not resolved, to the project serving the greatest population.

For non-municipal projects, in the event of equal total scores, preference shall be given: first to the project having the highest existing source criterion score; then; if not resolved, to the project receiving the highest water quality improvement criterion score.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 649.13