§ 17-0301. Classification of waters and adoption of standards.\n 1. It is recognized that, due to variable factors, no single standard\nof quality and purity of the waters is applicable to all waters of the\nstate or to different segments of the same waters.\n 2. In order to attain the objectives of this article, the department\nafter proper study, and after conducting public hearing upon due notice,\nshall group the designated waters of the state into classes. Such\nclassification shall be made in accordance with considerations of best\nusage in the interest of the public and with regard to the\nconsiderations mentioned in subdivision 3 hereof.\n 3. In adopting the classification of waters and the standards of\npurity and quality above mentioned, the department shall give\nconsideration to:\n a. The size, depth, surface area covered, volume, direction and rate\nof flow, stream gradient and temperature of the water;\n b. The character of the district bordering said waters and its\npeculiar suitability for the particular uses, and with a view to\nconserving the value of the same and encouraging the most appropriate\nuse of lands bordering said waters, for residential, agricultural,\nindustrial or recreational purposes;\n c. The uses which have been made, are being made or may be made, of\nsaid waters for transportation, domestic and industrial consumption,\nbathing, fishing and fish culture, fire prevention, the disposal of\nsewage, industrial waste and other wastes, or other uses within this\nstate, and, at the discretion of the department, any such uses in\nanother state on interstate waters flowing through or originating in\nthis state;\n d. The extent of present defilement or fouling of said waters which\nhas already occurred or resulted from past discharges therein.\n 4. The department, after proper study, and after conducting public\nhearings upon due notice, shall adopt and assign standards of quality\nand purity for each such classification necessary for the public use or\nbenefit contemplated by such classification. Such standards shall\nprescribe what qualities and properties of water shall indicate a\npolluted condition of the waters of the state which is actually or\npotentially deleterious, harmful, detrimental or injurious to the public\nhealth, safety or welfare, to terrestrial or aquatic life or the growth\nand propagation thereof, or to the use of such waters for domestic,\ncommercial, industrial, agricultural, recreational or other reasonable\npurposes, with respect to the various classes established pursuant to\nsubdivision 2 hereof.\n 5. In establishing such standards, consideration shall be given to the\nfollowing factors: a. The extent, if any, to which floating solids may\nbe permitted in the water;\n b. The extent to which suspended solids, colloids or a combination of\nsolids with other substances suspended in water, may be permitted;\n c. Organisms of the coliform group or any other organisms from wastes\nof animal or human origin shall not exceed the following prescribed\nstandards for usage of the classified waters of the state:\n (1) Sources of water supply for drinking, culinary or food processing\npurposes which, if subjected to approved disinfection treatment, with\nadditional treatment if necessary to remove naturally present\nimpurities, meet or will meet New York State Health Department drinking\nwater standards and any other usages: For such sources the monthly\nmedian coliform value for one hundred ml of sample shall not exceed\nfifty from a minimum of five examinations and provided that not more\nthan twenty percent of the samples shall exceed a coliform value of two\nhundred forty for one hundred ml of sample.\n (2) Sources of water supply for drinking, culinary or food processing\npurposes which, if subjected to approved treatment equal to coagulation,\nsedimentation, filtration and disinfection, with additional treatment if\nnecessary to reduce naturally present impurities,
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