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Part 820: Lower Genesee River Drainage Basin

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

Contents:

Sec.

§820.1 Adopting Order

Pursuant to the authority contained in article 12 of the Public Health Law, the Water Pollution Control Board, having made proper studies and having held a public hearing on due notice with reference thereto, hereby adopts and assigns the following classifications and standards of quality and purity to the various waters as specifically designated and described below and subject to the definitions and conditions as stated.

§820.2 Definitions and Conditions

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.

(b) Waters index number as appearing in table I shall mean that number which has been applied to any specifically designated waters which appear on map 2, section 820.6, infra.

(c) Name as appearing in table I shall mean the name, if any, by which the specifically designated waters are generally known and which name, if any appears on the reference map. In cases of specifically designated waters which have no name, the name tributary to which the unnamed waters are tributary is indicated so far as possible.

(d) Description as appearing in table I shall mean a brief indication as to location of the specifically designated waters so that by referring to the reference map such waters may be located without reference to their waters index numbers. Entries under column headed "Description" also include designations of a section of a stream to which a particular assignment of a class and standards shall apply.

(e) Class as appearing in table I, and denoted by the letters B or C, opposite each specifically designated waters, shall mean class B or C, as the case may be, as set forth in Parts 701 and 702, supra.

(f) Standards as appearing in table I, as the letters B or C, opposite each specifically designated waters, shall mean the standards of quality and purity established for class B or C, as the case may be, as set forth in Parts 701 and 702, supra.

(g) Tributary or 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. In the table under column headed "Waters Index Number" where no tributaries are mentioned, the specifically designated waters shall include only the stream, pond, or other body of water designated by such waters index number; where tributaries are mentioned after the waters index number the specifically designated waters shall include the stream, pond, or other body of water designated by such waters index number and all tributaries and subtributaries, thereof, which are shown on the reference maps, unless exceptions are expressly stated.

(h) Map ref. No. Map 2, section 820.6, infra, is a composite of four adjacent New York topographical quadrangles; namely, Rochester, West, Rochester East Genesee Junction, and Mendon Ponds. These are of the 7 1/2 minute series having scales of 1:24,000, published by the U.S. Geological Survey, 1935 editions.

(i) All streams 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.

(j) All streams 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.

(k) The Lower Genesee River drainage basin shall be deemed to include the following: the Genesee River between its junction with Lake Ontario and the south bank of the Barge Canal and all land and water areas, the natural surface water drainage from which [it] is directly or indirectly tributary to the Genesee River in this section, and including that portion of the Barge Canal within the Genesee River drainage area.

(l) The term trout as used in this Part means any fish in the following genera: "Coregonus", "Oncorhyncus", "Prosopium", "Salmo", "Salvelinus" and "Thymallus".

§820.3 Assigned Classifications and Standards of Quality and Purity

The classifications and standards of quality and purity which are hereby assigned to all surface waters within the Lower Genesee River drainage basin are as set forth in table I.

§820.4 Table I

Table I
Classification and Standards of Quality and Purity Assigned to Fresh Surface Waters Within the Lower Genesee River Drainage Basin in Monroe County, New York
Item No. Waters Index Number Name Description Map Ref. No. Class Standards
1 Ont.117 portion as described Genesee River From natural mouth at its junction with Lake Ontario to Barge Canal Dam at Court Street, Rochester. B B
2 Ont. 117 portion as described Genesee River Barge Canal Dam to south limits of Barge Canal, where Barge Canal crosses Genesee River in City of Rochester. B B
3 Ont. 117-1 and tribs., including P 1a, P1b Tributary of Genesee River Enters Genesee River from east approximately 0.7 mile above mouth.Ponds are located just west of St.Paul Boulevard. 2 C C
4 Ont. 117-2 including P 1 Tributary of Genesee River Enters west side of Genesee River opposite Rattlesnake Point. Pond is located just west of New York Central Railroad. 2 C C
5 Ont. 117-P 2a, P 2b Tributaries of Genesee River Ponds located in Riverside Cemetery and Holy Sepulcher Cemetery, respectively. 2 C C
6 Ont. 117-P 2c Tributary of Genesee River Pond located on grounds of St.Bernards Seminary. 2 C C
7 Ont. 117-P 2d Tributary of Genesee River Pond located 0.2 mile west of Genesee River and 0.3 mile northwest of Veterans Memorial Bridge. 2 B B
8 Ont. 117-3 and trib. including P 1c Tributary of Genesee River Enters Genesee River from east 0.2 mile south of Rattlesnake Point. P 1c is at source of trib. 2 C C
9 Ont. 117-4 including P 2 Tributary of Genesee River Enters from southeast opposite Riverside Cemetery. Pond is at source of stream. 2 B B
10 Ont. 117-5 portion as described Tributary of Genesee River From Truesdale Street to source. (Stream enters sewer at Truesdale Street.) 2 C C
11 Ont. 117-6 Tributary of Genesee River Enters from southeast 0.2 mile south of Veterans Memorial Bridge. 2 C C
13 Ont. 117-7 portion as described Tributary of Genesee River From Mount Read Boulevard to source. (Stream enters sewer at Mount Read Boulevard 0.3 mile north of Lyell Avenue.) 2 C C
15 Ont. 117-P 8a Tributary of Genesee River Isolated pond located west of South Avenue just opposite Highland Hospital. 2 B B
16 Ont. 117-P 8b Tributary of Genesee River Isolated pond located in Mt. Hope Cemetery. 2 C C
18 Barge Canal portion as described. Barge Canal Bridge From 0.3 mile west of East Henrietta Road to 0.2 mile west of Lee Road Bridge 2 B B

§820.5 Map 1

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

§820.6 Map 2

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