N.Y. Comp. Codes R. & Regs. tit. 6 § 609.3

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

Section 609.3 - Contents of petition

The petition shall be accompanied by a form provided by the department and shall include the following information on the waters requested to be reclassified:

(a) name or names of the waters or water segment;

(b) location of the waters or water segment;

(c) present classification of the waters or water segment;

(d) list of municipalities through which these waters flow;

(e) factual basis for the reclassification request, including a discussion of the following factors, where applicable:

(1) size, depth, surface area covered, volume, direction and rate of flow, stream gradient and temperature of the water;

(2) character of the district bordering said waters and its peculiar suitability for the particular uses, and with a view to conserving the value of the same and encouraging the most appropriate use of lands bordering said waters, for residential, agricultural, industrial or recreational purposes;

(3) the uses which have been made, are being made or may be made, of said waters for transportation, domestic and industrial consumption, bathing, fishing and fish culture, fire prevention, the disposal of sewage, industrial waste and other wastes, or other uses within this State, and, at the discretion of the department, any such uses in another state on interstate waters flowing through or originating in this State; and

(4) existing quality of said waters.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 609.3