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ENB - Statewide Notices 1/27/2016

Public Notice

Notice of Emergency Adoption to Amend 6 NYCRR Part 41 Sanitary Conditions of Shellfish Lands

Pursuant to the Environmental Conservation Law sections 11-0303, 13-0307 and 13-0319, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Portions of these shellfish lands do not meet the bacteriological water quality standards for certified shellfish lands. Shellfish harvested from areas that do not meet the bacteriological standards for certified shellfish lands have an increased potential to cause illness in shellfish consumers.

These areas affected include: Mount Sinai Harbor (Town of Brookhaven); Long Island Sound (Towns of Brookhaven and Riverhead); Great Peconic Bay (Towns of Southold and Riverhead); Patchogue Bay (Towns of Brookhaven and Islip); Cold Spring Harbor (Towns of Huntington and Oyster Bay); Stony Brook Harbor (Towns of Brookhaven and Smithtown); Shinnecock Bay (Town of Southampton); and Acabonac Harbor (Town of East Hampton). This Notice of Emergency Adoption is identical to the Notice of Emergency Adoption and Proposed Rule Making published on November 4, 2015 in the State Register.

Notice of Emergency Adoption to amend 6 NYCRR Part 41 pertaining to Mt. Sinai Harbor, Long Island Sound, Great South Bay, Great Peconic Bay, Cold Spring Harbor.

This notice will be published in issue 4 of the State Register, dated January 27, 2016.

For further information, please contact:

Matt Richards
NYS DEC - Division of Fish, Wildlife and Marine Resources
205 North Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Phone: (631) 444-0491
E-mail: matt.richards@dec.ny.gov


This notice announces the availability of the Draft 2016 New York State Section 303(d) List of Impaired/TMDL Waters. The list identifies those waters that do not support appropriate uses and require development of a Total Maximum Daily Load (TMDL) or other restoration strategy. Public comment on the list will be accepted for 45 days, through March 4, 2016.

Background: The Federal Clean Water Act requires states to periodically assess and report on the quality of waters in their state. Section 303(d) of the Act also requires states to identify Impaired Waters, where specific designated uses are not fully supported. For these Impaired Waters, states must consider the development of a Total Maximum Daily Load (TMDL) or other more appropriate strategy to reduce the input of the specific pollutant(s) that restrict waterbody uses, in order to restore and protect such uses. Additionally, the state is required to maintain a Consolidated Assessment and Listing Methodology (CALM) to outline its process for monitoring and assessing the quality of New York State water: the Assessment Methodology which outlines how waters are evaluated by New York State Department of Environmental Conservation (NYS DEC) to determine the degree of use support, and the Listing Methodology which outlines the criteria NYS DEC uses to determine what waters are to be included on the Section 303(d) List. These documents are intended to clarify the current and continuing approach to assessment and listing by New York State.

Information: Copies of the Draft 2016 New York State Section 303(d) List and/or the Assessment and Listing Methodologies are available on the NYS DEC website at: http://www.dec.ny.gov/chemical/31290.html. Copies of the List and Methodologies can also be obtained by contacting the NYS DEC - Division of Water, Bureau of Watershed Assessment and Management by mail at 625 Broadway, 4th Floor, Albany, NY 12233-3502, or by phone at: (518) 402-8179. An electronic version of these documents can also be requested by e-mail to: sarah.rickard@dec.ny.gov.

Public comments regarding the Section 303(d) List and/or the Assessment and Listing Methodologies should be mailed to Sarah Rickard of the Bureau of Watershed Assessment and Management at the above address, or e-mailed to: sarah.rickard@dec.ny.gov.

Contact: Sarah Rickard, NYS DEC - Division of Water, Bureau of Watershed Assessment and Management, 625 Broadway, 4th Floor, Albany, NY 12233-3502, Phone: (518) 402-8179, E-mail: sarah.rickard@dec.ny.gov.


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