Watershed Management for Potable Water Supply: Assessing the New York City Strategy (2000)

In the Catskill/Delaware watershed (approximately 1 million acres), New York City owns 6 percent of the land and 20 percent is owned by the state and maintained as a Forest Preserve. To acquire more land, New York City plans to spend $250 million to buy undeveloped land possessing features that are water quality sensitive (e.g., proximity to intakes, streams, and reservoirs). The City will buy from willing sellers only, and will not enforce their power of eminent domain. The agreement allows certain parcels of land to be exempted from outright purchase, but all land is subject to conservation easements. The City will bid at fair market values and continue to pay property taxes on all acquired land. Property in the Catskill/Delaware watershed has been prioritized into five categories (1A, 1B, 2, 3, and 4) for acquisition. The City is required to contact the owners of 350,050 acres.

$10 million of New York City money and $7.5 million of state money is available for land purchase in the Croton watershed.

Before the 1997 Memorandum of Agreement, watershed activities were governed by a ruling from 1953. New watershed regulations stipulated in the MOA work in conjunction with existing state and federal regulations and include additional rules unique to the New York City watersheds. An abridged summary is provided for sections with relevance to this report.

Minimum Technical Requirements For All WWTPs

Minimum Siting Requirements for All WWTPs

• No building or expansion in phosphorus-restricted basins.

• No building or expansion in coliform-restricted basins.

Requirements for Subsurface Discharging Plants, Any Travel Time

• Remediate existing and build new WWTPs to include:

  sand filtration

  disinfection for systems > 30,000 gpd

  phosphorus removal

• No part of the seepage unit or absorption field is allowed within 100 feet (ft) of a watercourse or wetland and within 500 ft of a reservoir, reservoir stem, or controlled lake.

Requirements for Surface Discharging Plants, within 60 Days Travel Time

• No new WWTPs

• Remediate existing WWTPs to include:

  sand filtration

  disinfection

  phosphorus removal

  microfiltration

Requirements For Surface Discharging Plants, Outside 60 Days Travel Time

• No new WWTPs discharging into reservoirs, reservoir stems, controlled lakes, or wetlands

• Build new WWTPs discharging into a watercourse, and remediate all existing WWTPs, to include:

  sand filtration

  disinfection

  phosphorus removal

  microfiltration

Exceptions

• Can build or expand WWTPs in phosphorus- or coliform-restricted basins if it will eliminate the source of contamination.

• If it will not, existing plants in phosphorus-restricted basins can be expanded if a 2:1 offset can be demonstrated.

• Up to 6 new plants in phosphorus-restricted basins (3 West-of-Hudson, 3 East-of-Hudson) are allowed under 5-year pilot program requiring 3:1 phosphorus offsets and a maximum phosphorus concentration of 0.2 mg/l.

Operational Requirements

• In general, stand-by power units, flood protection, back-up disinfection, two sand filters, flow meter, and an alarm system are required. For subsurface discharge, a pump chamber, an additional area equal to 50% of the absorption field, and percolation and deep hole tests are required.

Siting Restrictions

• All new systems require NYC DEP approval.

• For new systems, no part of absorption field can be within 100 ft of watercourse or wetland, or within 300 ft of reservoir, reservoir stem, or controlled lake.

• No new raised systems allowed within 250 ft of a watercourse or wetland, or within 500 ft of a reservoir, reservoir stem, or controlled lake unless site constraints make buffer distances impossible.

Siting of Impervious Surfaces

• New impervious surfaces prohibited within 100 ft of a wetland or watercourse, or 300 ft of a reservoir, reservoir stem, or controlled lake.

Exceptions

• Bridges or water crossings.

• Impervious surfaces used for agricultural activities.

• Roads used to modify and operate WWTPs, public water systems.

• Single family home on existing lot or new lot greater than 5 acres which receives a stormwater permit from the state can build an impervious surface within 100 ft of watercourse or wetland.

• West-of-Hudson, those surfaces located in a village or hamlet or in an area zoned as commercial.

• East-of-Hudson, those surfaces designated as a main street.

Stormwater Pollution Prevention Plans

• Activities must obtain a general stormwater permit with two sets of technical requirements:

  • control the first 1/2 inch of run-off

  • volume control

• No permit required for agriculture and silviculture.

• Permits only necessary for areas greater than 5 acres.

• NYC DEP retains final decision-making authority for all activities.

• All plans should include an analysis of the 25-year storm.

• Activities in phosphorus-restricted and coliform-restricted areas require additional analyses.

Siting Restrictions

• No new NYS DEC registered tanks within 100 ft of watercourse or wetland, or within 500 ft of reservoir, reservoir stem, or controlled lake.

• Between 100 and 250 ft of watercourse, owner must:

  • provide tank registration before installation

  • use best management practices to minimize release of substances

  • meet all other state requirements for hazardous substances

Exceptions

• Hazardous material used at WWTPs, or in connection with a WWTP.

• ''Noncomplying regulated activities" exempted, including the replacement of existing facilities.

Siting Restrictions

• No new storage tanks requiring registration under State law within 100 ft of watercourse or wetland, or within 500 ft of reservoir, reservoir stem, or controlled lake.

• No new storage tanks not requiring State registration within 25 ft of watercourse or wetland, or within 300 ft of reservoir, reservoir stem, or controlled lake.

• New home heating oil tanks within 100 ft of watercourse or wetland, or within 500 ft of reservoir, reservoir stem, or controlled lake, must be above ground or in the basement.

Exceptions

• Above buffer distances do not apply to the replacement in kind of existing tanks.

• Agricultural uses of petroleum products are exempted.

• Petroleum products used at or in conjunction with WWTPs are exempted.

• "Noncomplying regulated activities" exempted.

Siting Restrictions

• No new or expanded solid waste facilities within 250 ft of a watercourse or wetland, or within 1000 ft of a reservoir, reservoir stem, or controlled lake.

Exceptions

• Recycling facilities (not including oil, batteries).

• Composting facilities.

• Expansion of the landfill in Delaware County.

• No reckless activity that will increase pollution to the water supply.

• No pesticide discharges or storage that would lead to discharge that will impair water quality, according to the standards set in A18-D.

• No activity is considered "noncomplying."

• Cannot wash fertilizer application machinery into wetland, watercourse, reservoir, reservoir stem, or controlled lake.

• Cannot use water from a reservoir, reservoir stem, or controlled lake to make fertilizer.

• Must use an anti-siphon device when using water from a watercourse to make fertilizer.

• Cannot store fertilizer in the open.

Exceptions

• Any agricultural activity in compliance with State or Federal laws is exempt.

• Individual, non-commercial uses of fertilizer are exempt.

• Do not dispose of snow in wetlands, watercourses, reservoirs, reservoir stems, or controlled lakes if possible.

• Use as little snow-melt materials as possible.

• Store snow-melt materials in structures that will not leak.

The City is investing $270 million for several West-of-Hudson water quality protection and partnership programs and $126 million for East-of-Hudson partnership programs (see Table 7-3). Partners in this effort include the following organizations and programs.

1. Watershed Agricultural Program's goal is to refine and demonstrate an environmentally sound approach to farm management. Concerns include nutrients, pathogens, sediment, toxic and organic matter, soil erosion, and pesticides. Leadership is provided by the Watershed Agricultural Council. It is a voluntary program with incentives to farmers and cost sharing for New York City.

2. Watershed Protection and Partnership Council. The council is the main forum for discussion that brings together city residents and residents of the watershed. The council will review and assess all watershed protection efforts. The Council will have dispute resolution authority to prevent future arguments from spilling into the courts.

3. Catskill Watershed Corporation is a nonprofit organization created to administer $240 million for water quality protection programs in the West-of-Hudson region. The CWC will focus on septic system inspection, stormwater management, environmental education, stream corridor protection, and improved storage of sand, salt, and de-icing materials.