N.Y. Comp. Codes R. & Regs. tit. 6 § 701.21

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

Section 701.21 - Criteria

(a) In assigning discharge restriction categories, the department will consider factors including the size of the waterbody, the nature of the surrounding district including the watershed, and the uses and quality of the waters. The department will also weigh the need for the additional water quality protection of the discharge restriction categories as compared with the assigned standards and best uses and the likelihood that the discharge restriction category will contribute to achieving the protection goals.

(b) As appropriate, additional consideration may be given to:

(1) the potential effects of additional discharges from new, expanded, or changed facilities or activities on the water quality value of resource;

(2) the risk to the waters or the use of the waters from unintended or incidental discharges from new facilities; and

(3) the potential effects of physical accumulation or bioaccumulation of substances not addressed by ambient standards.

(c) Substantial weight will be given to obtaining consistency with provisions of existing watershed management or protection plans adopted or certified by the State or an entity of local government.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 701.21