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Part 890: New York City Waters

(Statutory authority: Environmental Conservation Law, § 17-0301)

Contents:

Sec.

§890.1 Adopting Order

(a) Pursuant to article 12 of the Public Health Law, the Water Resources Commission, after proper study and following public hearings held on due notice, hereby adopts and assigns the following classifications and standards of quality and purity to all surface waters within the designated drainage basins of New York Bay, Raritan Bay and a portion of the Atlantic Ocean, including the subbasins of Arthur Kill, Kill Van Kull, the Harlem River and the Lower East River as hereinafter described.

(b) This adoption and assignment of standards of quality and purity to the above designated waters shall be effective December 22, 1964.

§890.2 Designated Waters

(a) The designated waters are within the following areas:

(1) the drainage basin of New York Bay below the mouth of the Hudson River at the south tip of Manhattan Island, including Gravesend Bay, Coney Island Creek, Atlantic Basin, Erie Basin, Gowanus Bay, Gowanus Canal, Upper New York Bay, Lower New York Bay, The Narrows and the Atlantic Ocean waters, including the drainage area off Coney Island and lying westerly of a north-south line from Light Inlet at the southeasterly tip of Coney Island peninsula to the southwesterly tip of Rockaway Point; thence along the jetty to Rockaway jetty light; thence due south to the New York - New Jersey boundary line;

(2) the lower East River drainage basin from the mouth to a line across the East River north of Wards Island between Stony Point in Bronx County and Lawrence Point in Queens County; and

(3) the drainage basins of Arthur Kill, Kill Van Kull, the Harlem River and Raritan Bay.

(b) The above designated waters are located as shown on Map 1, section 890.7 infra, and as contained within the topographical or basin limit line on the reproduced topographical reference maps set forth in section 890.11, infra. Classifications of primary waters are outlined on Map 3, section 890.9, infra.

§890.3 Definitions

The several terms, words or phrases hereinafter mentioned shall be construed as follows:

(a) Item No. In Table I an item number is assigned consecutively to each specifically designated waters or portion thereof.

(b) Waters index number as appearing in Table I shall mean that number or abbreviation assigned to any designated waters or portion thereof for the purpose of identification.

(1) The numbering or index system used to identify specific waters of New York State was adapted from that used by the New York State Conservation Department in its biological survey series of reports on watersheds of the State. The primary waters of a drainage area, such as a river, large lake, bay or sound is usually referred to by name or an abbreviation. Tributaries of primary river waters are consecutively numbered progressing upstream from the mouth. Tributaries of primary lake, bay or sound waters are consecutively numbered in a clockwise order from a defined point, usually the outlet of the primary waters. Subtributaries are numbered as encountered along the tributary proceeding from its mouth to the source, and in like manner all of its other stream courses are so numbered. Ponds and lakes are numbered in the order they are encountered within the system. Tributaries of such lakes and ponds are numbered consecutively as they enter, progressing clockwise around the lake or pond from its outlet or mouth. The numbers assigned to such lakes and ponds are prefixed by the letter P. When isolated lakes and ponds are referenced by a waters index number, it is merely for convenience of their identification and location within a subdrainage basin, and it is not necessarily indicative of their being tributary to any waters to which no surface connection is shown on the reference maps.

(2) This system was applied to the waters under consideration by the New York State Conservation Department in its Biological Survey of the Lower Hudson Watershed and Biological Survey of the Fresh Waters of Long Island in 1936 and 1938, respectively, and has been closely followed in connection with the numerical identification of the waters with the following exceptions: some of the stream numbers do not run consecutively due to the omission of streams originally shown on the older maps employed by the Conservation Department at the time of its 1936 and 1938 surveys but not shown on later editions of maps reproduced herein. Conversely, streams, lakes and ponds not shown on the older maps but appearing on the newer maps are designated by suffix letters a, b, c, etc.

(3) The system as applied to the identification of the designated waters may be outlined as follows: There are several primary indices used to identify the designated waters. Those waters that drain Staten Island proper are identified by waters index numbers prefixed by the abbreviation SI. Waters draining Long Island proper are identified by waters index numbers prefixed by the abbreviation LI. Waters of the East River are identified by waters index numbers prefixed by ER. Accordingly, those waters within the designated basin that have not been assigned waters index numbers, such as New York Bay, Raritan Bay, Arthur Kill, Kill Van Kull and Atlantic Ocean, have been identified by name only.

(4) The following table will illustrate how the designated waters may be identified through use of the waters index system:

Waters Index Number Name of Waters Explanation
None assigned Atlantic Ocean New York Bay Raritan Bay Arthur Kill Gowanus Bay Gravesend Bay Newark Bay Kill Van Kull Primary waters identified by description and not used to index tributaries.
SI 8-1-1 Springville Creek Springville Creek is the first tributary of SI 8-1 (Main Creek) and Main Creek is the first tributary of SI 8 (Fresh Kills) located on Staten Island.
LI 253 Coney Island Creek The 253rd stream encountered on Long Island proceeding in a clockwise direction around the island from Fort Hamilton.
ER East River Primary waters.
ER 1 Harlem River The first tributary entering East River above the mouth.
ER 1-5 Tibbetts Brook The fifth tributary entering Harlem River above the mouth.
ER 1-5-P 1043 Van Cortlandt Lake The 1043rd pond or lake encountered in the biological survey area of the Lower Hudson River watershed.
ER 1-5 (1.0) Tibbetts Brook A point on Tibbetts Brook one mile above the mouth.

(5) There are instances where a parenthetical decimal number appears following the waters index number. Such number appearing within the parentheses indicates the distance in miles above the mouth to a point on the identified watercourse.

(c) The abbreviations trib. and tribs., indicating tributary and tributaries, shall mean any stream, pond or other body of surface water which flows into any other stream, pond or other body of surface water; where no tributary or tributaries are mentioned, the specifically designated waters shall include only the stream, pond or other body of water referenced by such waters index number; where a tributary or tributaries are mentioned after the waters index number, the specifically designated waters shall include the stream, pond or other body of water referenced by such waters index number and all tributaries thereof, which are shown on the reference maps, excluding numbered ponds, unless exceptions are expressly stated.

(d) Name as appearing in Table I shall mean the name by which the specifically designated waters are known and which name may appear on the reference maps. In cases of specifically designated waters which have no name, the named waters to which the unnamed waters are tributary are identified as far as possible.

(e) Description. The column headed "Description" contains designations of segments or sections of waters under consideration to which a particular assignment of a class or standards shall apply. Also included in this column is any useful information pertinent to the classification and standards.

(f) Map Ref. No., as appearing in Table I, means map reference number and indicates one or more of the following numbered maps reproduced herein completely or in part in section 890.11, infra, on which maps the specifically designated waters and their index numbers are shown within the topographical limit line of the described drainage basins or areas. An index for map numbers is shown on Map 2, quadrangle arrangement, reproduced in section 890.8, infra. The following maps were produced from original maps which may be procured through the Washington Distribution Section, Geological Survey, Silver Spring, Maryland.

Map Ref. No. Quadrangle Name Edition Published By
R-24nw Yonkers 1956 U.S. Geological Survey
R-24ne Mount Vernon 1956 U.S. Geological Survey
R-24sw Central Park 1956 U.S. Geological Survey
S-22se Perth Amboy 1956 U.S. Geological Survey
S-23nw Elizabeth 1955 U.S. Geological Survey
S-23ne Jersey City 1955 U.S. Geological Survey
S-23sw Arthur Kill 1955 U.S. Geological Survey
S-23se The Narrows 1955 U.S. Geological Survey
S-24nw Brooklyn 1956 U.S. Geological Survey
S-24ne Jamaica 1956 U.S. Geological Survey
S-24sw Coney Island 1955 U.S. Geological Survey
S-24se Far Rockaway 1954 U.S. Geological Survey
S-25sw Lawrence 1954 U.S. Geological Survey
T-22ne South Amboy 1954 U.S. Geological Survey
T-23nw Keyport 1954 U.S. Geological Survey
T-23ne Sandy Hook 1954 U.S. Geological Survey

(g) Class, as appearing in Table I and denoted by the letters AA, B, C, SA, SB, SC or SD, and the Roman numeral I opposite each specifically designated waters, shall mean Class AA, B, C, SA, SB, SC or SD, as the case may be, as set forth in Part 701, supra; and in the case of Roman numeral I shall mean Class I as set forth in Part 702, supra.

(h) Standards, as appearing in Table I and denoted by the letters AA, B, C, SA, SB, SC or SD, and the Roman numeral I opposite each specifically designated waters, shall mean the quality standards established for Class AA, B, C, SA, SB, SC, SD or I as the case may be, established by the aforementioned rules.

§890.4 Special Conditions

(a) All streams, ponds, estuaries or other bodies of water which appear as lines, to indicate natural waters, on the reference maps herein, and which are not specifically designated in Table I, shall be assigned the same classes and standards of quality and purity as the specifically designated waters to which they are directly tributary.

(b) All streams, ponds, estuaries or other bodies of water which are not shown on the reference maps herein shall be assigned to Class D, as set forth in part 701, supra, except that any continuous flowing natural stream which is not shown on the reference maps shall have the same classification and assigned standards as the waters to which it is directly tributary; or, if they be tidal salt waters, such waters which are not shown on the reference maps herein shall be assigned to Class SD, as set forth in Part 701, supra, except that any continuous flowing natural stream which is not shown on the reference maps shall have the same classification and assigned standards as the waters to which it is directly tributary.

§890.5 Assigned Classifications and Standards of Quality and Purity

The classifications and standards of quality and purity assigned to the surface waters specifically designated and described herein are set forth in Table I, subject to the definitions and conditions stated above.

§890.6 Table I

Table I
Classifications and Standards of Quality and Purity Assigned to Fresh Surface Waters and Tidal Salt Waters, Including Certain Tidal Waters of The Interstate Sanitation District Within Designated Drainage Basins of New York Bay, Raritan Bay and a Portion of the Atlantic Ocean, Including the Subbasins of Arthur Kill, Kill Van Kull, the Harlem River and the Lower East River, Bronx, Kings, New York, Queens, Richmond and Westchester Counties, New York
Item No. Waters Index Number Name Description Map Ref. No. Class Standards
Atlantic Ocean and New York Bay
1 Atlantic Ocean portion That portion of the ocean within New York State opposite Rockaway peninsula bounded on the west by a line from the tip of Rockaway Point, thence south along the jetty to Rockaway jetty light, thence due south to the state boundary line; and bounded on the north by the shore of Rockaway peninsula from the western tip to the Nassau-Queens county line at East Rockaway Inlet; and bounded on the east by the Nassau-Queens county line along East Rockaway Inlet, thence south to the state boundary line. S-24sw S-24se SA SA
2 Atlantic Ocean and Lower New York Bay east portions Ocean and bay waters within New York State opposite Coney Island peninsula and Staten Island bounded on the west by a north-south line drawn from the south limits of Fort Wadsworth Military Reservation and passing through West Bank light to New York-New Jersey boundary line; and bounded on the north by a line drawn from the south limits of Fort Wadsworth Military Reservation and extending southeasterly to Norton Point at the western tip of Coney Island peninsula near Sea Gate, thence extending the line along south shore of Coney Island to Light Inlet at southeasterly tip of Coney Island peninsula near Manhattan Beach; and bounded on east by north-south line beginning at described Light Inlet and extending southward to south tip of Rockaway jetty light, thence due south to New York-New Jersey boundary line. S-23se S-24sw SB SB
3 Lower New York Bay west portion That portion of Bay within New York State bounded on east by north-south line drawn from south limits of Fort Wadsworth Military Reservation and passing through West Bank light to New York-New Jersey boundary line; and bounded on west by north-south line drawn from south tip of Crookes Point to Point Comfort at Keansburg, New Jersey. S-23se S-23sw T-23nw T-23ne SB SB
4 Lower New York Bay portion including Gravesend Bay That portion of Bay south of The Narrows and bounded on north by line from tip of Fort Wadsworth to tip of Fort Hamilton; and bounded on south by line from south limits of Fort Wadsworth Military Reservation to Norton Point at western tip of Coney Island peninsula near Sea Gate, including Gravesend Bay. S-23se S-24sw I I
5 LI 253 Coney Island Creek Trib. of Gravesend Bay. S-24sw I I
6 Upper New York Bay including The Narrows, Atlantic Basin, Gowanus Bay That portion of Bay within New York bounded on south by line from tip of Fort Wadsworth to tip of Fort Hamilton; and bounded on west by shore of Staten Island north of tip of Fort Wadsworth, thence by north-south line across mouth of Kill Van Kull from northernmost point of Staten Island to easternmost point at Constable Point, Bayonne, New Jersey, thence by New York-New Jersey boundary line from mouth of Hudson River; and bounded on north by true east-west line passing through southernmost tip of Manhattan Island at the Battery and intersecting state boundary line, thence by line extending from same point at the Battery across mouth of Lower East River to western tip of pier 17 at Brooklyn; thence bounded on east by western shore of Brooklyn from pier 17 south to Fort Hamilton, excluding Erie Basin. S-23ne S-23se S-24nw I I
6.1 Erie Basin That portion of Upper New York Bay bounded on the north and east by the western shore of Brooklyn, on the south and west by the peninsula which separates the Basin from Gowanus Bay and Red Hook channel, including the outlet of the Basin; bounded on the northwest by a line from the northernmost point of the Basin peninsula to the point on the western shore of Brooklyn defined by the projection of Van Brunt Street. S-23ne SD SD
7 LI 1 and tribs. Gowanus Canal Trib. of Gowanus Bay. S-24nw SD SD
Raritan Bay
8 Raritan Bay portion That portion of Bay within New York State bounded on east by north-south line drawn from south tip of Crookes Point to Point Comfort at Keansburg, New Jersey; and bounded on west by north-south line drawn from Cupola at Mount Loretto Girls Home to Conaskonk Point at Union Beach, New Jersey. S-23sw T-23nw
That segment north of line drawn from Black Buoy "39" to south tip of Crookes Point, including Great Kills Harbor. SB SB
That segment south of line drawn from Black Buoy "39" to south tip. SA SA
9 Raritan Bay portion That portion of Bay within New York State bounded on east by north-south line drawn from Cupola at Mount Loretto Girls Home to Conaskonk Point at Union Beach, New Jersey; and bounded on west by north-south line from terminus of Page Avenue projected to south shore of Staten Island, thence through boundary beacon to New York-New Jersey boundary line. S-23sw T-23nw SB SB
10 Raritan Bay portion That portion of Bay within New York State bounded on east by north-south line drawn from terminus of Page Avenue projected to south shore of Staten Island, thence through boundary beacon to New York-New Jersey boundary line; and bounded on west by line from southernmost point of Staten Island at Ward Point to New York-New Jersey boundary line at Great Beds Lighthouse. T-22ne T-23nw SB SB
11 Raritan Bay portion That sector of Bay within New York State off mouth of Arthur Kill bounded on south by line from southernmost point of Staten Island at Ward Point to New York-New Jersey boundary line at Great Beds Lighthouse; and bounded on north by line at mouth of Arthur Kill from southernmost point of Staten Island at Ward Point to southernmost point of Perth Amboy, New Jersey, at Ferry Point. T-22ne T-23nw I I
Arthur Kill, Newark Bay and Kill Van Kull
12 SI (0.0 - 2.0) portion1 Arthur Kill That portion within New York State from mouth (at an east-west line drawn from southern most point of Staten Island at Ward Point to southernmost point of Perth Amboy, New Jersey, at Ferry Point) to Outerbridge Crossing. S-22se S-23sw T-22ne T-23nw I I
13 SI (2.0 - 12.9) portion Arthur Kill That portion within New York State from Outerbridge Crossing to Newark Bay outlet. S-22se S-23sw S-23nw SD SD
14 SI (12.9 - 14.6)portion Newark Bay Southern portion of Bay lying north of Staten Island within New York State between outlet to Arthur Kill and outlet to Kill Van Kull. S-23nw SD SD
15 SI (14.6 - 18.0) portion Kill Van Kull That portion within New York State from outlet of Newark Bay to mouth of Kill Van Kull (at north-south line drawn from northernmost point of Staten Island to easternmost point at Constable Point, Bayonne, New Jersey). S-23nw S-23ne SD SD
Staten Island Tributaries
16 SI P 1039 SI P 1039a SI P 1039b SI P 1040 Grasmere Lake Ipes Pond Shore Acres Pond Cameron Lake Isolated bodies of water. S-23se B B
17 SI P 1040a, P 1040b, P 1040c, P 1040d Tribs. of New Creek Isolated ponds with New Creek watershed. S-23se B B
18 SI 1 and tribs. New Creek Tidal estuary and fresh water tribs. S-23se
Tidal portion. I I
Fresh waters portion. C C
19 SI 2 Great Kills Creek Enters Great Kills Harbor at Great Kills Park. S-23sw S-23se I I
20 SI 2a and tribs. Oakwood Creek Drains Oakwood Beach and Great Kills Park areas. S-23se
Tidal portion I I
Fresh waters portion. C C
21 SI P 1045 SI P 1045a Unnamed pond Great Kills Pond Isolated ponds. S-23sw B B
22 SI 3 including P 1050, P 1051a Lipsett Avenue stream Fresh waters portion. S-23sw B B
23 SI P 1051 and trib. St. Joseph's or Arbutus Lake Fresh waters portion. S-23sw B B
24 SI P 1051b Huguenot Pond Isolated pond. S-23sw C C
25 SI P 1053 and trib. including P 1053a Wolfes Pond Within and near Wolfes Pond Park. S-23sw B B
26 SI 4 and trib. including P 1054a, P 1054b, P 1054c Lemmon Creek Tidal portion. Fresh waters portion. Bloeser's Pond (P 1054b). Long Pond (P 1054c). S-23sw SC B SC B
27 SI 5 Bedell Avenue Creek Tidal estuary. S-23sw I I
28 SI 6 portion Mill Creek Tidal portion. S-23sw I I
29 SI 6 portion Mill Creek Fresh waters portion. S-23sw C C
30 SI 7a, 7b including P 1061, 7c Tribs. of Arthur Kill Tidal portion. Fresh waters portion. Tappan's Creek (trib. 7a). S-23sw SD C SD C
31 SI 7d portion and tribs. Sleight Creek Tidal portion. S-23sw SD SD
32 SI 7d portion Sleight Creek Fresh waters portion. S-23sw C C
33 SI 7e and tribs. Benedic Creek S-23sw SD SD
34 SI 8 portion Fresh Kills From mouth to trib.1. S-23sw SD SD
35 SI 8 portion Fresh Kills or Richmond Creek From trib. 1 to Richmond Hill Road culvert. S-23sw SC SC
36 SI 8 portion Fresh Kills or Richmond Creek From Richmond Hill Road culvert to source. S-23sw
Tidal portion. SC SC
Fresh waters portion. B B
37 SI 8-1 and tribs. except trib. 8-1-1 Main Creek S-23sw SC SC
38 SI 8-1-1 Springville Creek Tidal portion. Fresh waters portion. S-23sw SC B SC B
39 SI 8-1a, 3 and trib. including P 1067a, 2 and trib. 5 Tribs. of Fresh Kills or Richmond Creek Tidal portions.Fresh waters portions. S-23sw SC B SC B
39.1 SI 8-4 Trib. of Fresh Kills or Richmond Creek S-23sw S-23se B B
40 SI P 1069a, P 1069b, P 1069c, P 1069d, P 1069e Tribs. of Arthur Kill Isolated ponds and lake. Walker Pond (P 1069a). Ohrback Lake (P 1069b). Stamp Pond (P 1069c). S-23se B B
41 SI 9, 9a, 9b, and tribs. Tribs. of Arthur Kill Neck Creek (trib. 9). Sawmill Creek (trib. 9a). S-23sw SD SD
42 SI 9c and tribs. Trib. of Arthur Kill S-23sw SD SD
43 SI 9d and tribs. Old Place Creek Tidal portion. S-23nw SD SD
Fresh waters portions. S-23sw C C
44 SI 9e Bridge Creek Near Port Ivory. S-23nw SD SD
45 SI 14 and tribs. including P 1063a Bodine Creek Tidal portions. Fresh waters portion. Willowbrook Lake (P 1063a). S-23nw S-23sw S-23ne S-23se SD B SD B
46 SI 14-1-P 1072, P 1073, P 1074 Tribs. of Bodine Creek Brooks Lake (P 1072). Martling Lake (P 1073). Clove Lake (P 1074). S-23se B B
47 SI 14-1-P 1075 Valley Lake S-23se B B
48 SI 14-1-P 1076 Silver Lake Reservoir New York City storage reservoir. S-23se S-23ne AA AA
49 SI 15 Trib. of Kill Van Kull Tidal portion. Fresh waters portion. S-23ne SD C SD C
50 SI 16 and trib. Trib. of Kill Van Kull Tidal portion. Fresh waters portion. S-23ne SD B SD B
51 SI 16-P 1081 Allison Park Pond S-23ne B B
Lower East River
52 ER (0.0 - 0.3)2 East River Sector at mouth of river and lying between following described lines: line drawn from southernmost tip of Manhattan Island at the Battery and extending southeastward to western tip of pier 17 in Brooklyn, and true east-west line drawn from southernmost tip of Manhattan Island at the Battery and extending to east shore of East River in Brooklyn. S-23ne I I
53 ER (0.3 - 10.1) East River From true east-west line passing through southernmost tip of Manhattan Island at the Battery and extending to east shore of East River in Brooklyn to line across river north of Wards Island between Stony Point in Bronx County and Lawrence Point in Queens County. Excludes outlet channel of Harlem River (from line drawn by extending 101st Street in Manhattan to southwesterly tip of Wards Island) and excluding Little Hell Gate outlet (northerly of line drawn from Stony Point to Sunken Meadow navigation bell on Wards Island). S-23ne S-24nw R-24sw I I
54 LI 4 and tribs. Newtown Creek or English Kills S-24nw SD SD
55 LI 4-8-P 66 Ridgewood (Brooklyn) Reservoir New York City distribution reservoir. S-24nw AA AA
The Harlem River
56 ER 1 portion and tribs. 1a, 1b Harlem River, Little Hell Gate, Bronx Kill Harlem River from junction with Lower East River (at line drawn by extending 101st Street in Manhattan to southwesterly tip of Wards Island) to Washington Bridge. Little Hell Gate from junction with Harlem River to junction with Lower East River (at line drawn from Stony Point to Sunken Meadow navigation bell on Wards Island). Bronx Kill from junction with Harlem River to junction with Little Hell Gate. R-24sw I I
56.1 ER 1 portion Harlem River From Washington Bridge to junction with Hudson River at Spuyten Duyvil (at line extending easterly shores of Hudson River across Spuyten Duyvil Channel). R-24sw R-24nw I I
57 ER 1-5 portion Tibbetts Brook From Van Cortlandt lake to Bronx-Westchester county line. R-24nw B B
58 ER 1-5 portion Tibbetts Brook From Bronx-Westchester county line to south boundary of Tibbetts Brook Park. R-24nw C C
59 ER 1-5 portion Tibbetts Brook From south boundary of Tibbetts Brook Lake to source. R-24nw R-24sw B B
60 ER 1-5-P 1042 Jerome Park Reservoir New York City distribution reservoir. R-24nw R-24sw AA AA
61 ER 1-5-P 1043 Van Cortlandt Lake The outlet, formerly trib. 5, is sewered to Harlem River. R-24nw B B
62 ER 1-5-P 1044a, P 1044b, P 1045a, P 1045b, P 1045c, P 1045d, P 1045e Tribs. of Tibbetts Brook Swan Lake (P 1045d). Cook Pond (P 1045e). R-24nw R-24ne B B
Manhattan Island Waters
63 ER-1-P 1034, P 1035, P 1036 The Harlem Meer Isolated ponds on Manhattan Island within Central Park. R-24sw B B

1 Segment of waters measured in miles upstream from mouth of Arthur Kill.

2Segment of waters measured upstream from mouth of East River.

§890.7 Map 1.

TABULAR OR GRAPHIC MATERIAL SET FORTH AT THIS POINT IS NOT DISPLAYABLE

§890.8 Map 2

TABULAR OR GRAPHIC MATERIAL SET FORTH AT THIS POINT IS NOT DISPLAYABLE

§890.9 Map 3

TABULAR OR GRAPHIC MATERIAL SET FORTH AT THIS POINT IS NOT DISPLAYABLE

§890.10 Map 4

TABULAR OR GRAPHIC MATERIAL SET FORTH AT THIS POINT IS NOT DISPLAYABLE

§890.11 Quadrangle Maps

TABULAR OR GRAPHIC MATERIAL SET FORTH AT THIS POINT IS NOT DISPLAYABLE