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Part 609: Reclassification Of Waters

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§609.1 Purpose

It is the objective of the State that water classifications provide for the protection and propagation of fish, shellfish and wildlife, and for recreation in and on the water, and take into account the use and value of public water supplies, propagation of fish, shellfish and wildlife, recreation in and on the water, and agricultural, industrial and other purposes, including navigation.

§609.2 Applicability

This Part applies to all petitions for reclassification of waters of the State. Petitions for reclassification may be submitted by any person or public corporation. Reclassifications may be initiated by the department.

§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.

§609.4 Maps

All petitions shall be accompanied by a map of suitable scale which shows the waters requested to be reclassified and the municipalities through which it flows.

§609.5 Signatures on Petitions

All petitions must be signed and verified as follows:

(a) Corporations: by a principal executive officer of at least the level of vice-president, or his duly authorized representative.

(b) Partnership: by a general partner.

(c) Municipal or other corporation: by a principal executive officer, ranking elected official or other duly authorized employee.

(d) Individual or any other case: by the individual or the person duly authorized to act, as evidenced by documentation acceptable to the department.

§609.6 Action on Petitions

The department shall examine the facts and circumstances set forth in the petition, and in accordance with the considerations set forth in section 609.3 of this Part may, in its discretion, initiate rule making to reclassify the waters.

§609.7 Hearings

If the department proposes to adopt, amend or modify the classification of any waters, it shall hold a legislative public hearing. Such hearing shall be held at a location within the drainage basin or the county or counties in which the waters sought to be reclassified flow. All persons interested in the proposed reclassification may appear at the hearing and present statements, comments or objections.

§609.8 Notice of Hearings.

Notice of such hearing shall:

(a) be published at least twice in a newspaper regularly published or circulated in the county or counties bordering or through which the waters sought to be reclassified flow. The first date of such notice shall be at least 30 days before the date of the hearing;

(b) be published in the Environmental Notice Bulletin and the State Register at least 30 days before the date of hearing; and

(c) be mailed at least 30 days before such hearing to the chief executive of each municipal corporation bordering or through which said waters flow, or other persons as the department has reason to believe may be interested in the proposed reclassification.