It is any feature or activity that existed prior to May 1, 1997 that, under the present regulations, would not be allowed if it were constructed today.
As part of the watershed agreement between New York City and the upstate communities, it was negotiated that businesses, institutions and municipalities could register certain activities for the purposes of protection from future enforcement actions. These registered activities, that would be considered out of compliance with the watershed regulations, will be allowed to remain with no obligation to upgrade those features as long as they do not degrade the quality of the water supply. In additions to recognizing the existence of these activities, a directory will be produced to ensure they may remain over time and that a business, an institution, or a government could maintain, sell or inherit an activity without NYCDEP intervention.
located within 100 feet of a watercourse or wetland or within 300 feet of a reservoir. Examples: Sidewalks, driveways, roads, parking lots, roofs
Petroleum storage tanks...
registered with the NYSDEC (1100 gal.) located within 100 feet of a watercourse or wetlands or within
500 feet of a reservoir. Tanks that are between 185 and 1100 gallons located within 25 feet of a watercourse or within 300 feet of a reservoir. Examples: Gasoline tanks, waste oil tanks, diesel tanks, fuel oil tanks
Hazardous substance storage tanks...
within 100 feet of a watercourse or wetland or within 500 feet of a reservoir and meets any of the following criteria:
an above ground tank of at
least 185 gallons;
an underground tank;
a mobile tank that holds over
2200 lbs. for greater than 90 consecutive days
Solid waste facilities...
located within 250 feet of a watercourse or wetlands or within 1000 feet of a reservoir. Examples: Solid waste management facilities, junkyards, landfills
Combined
storm water and sanitary sewer systems...
that do not meet New York State and Federal standards. Example: Eve trough outlets into a septic system
Septic systems...
that do not meet New York State Codes, Rules and Regulations Appendix 75-A Example: Most, if not all, septic systems installed prior to 1991
The registration of your activity will "grandfather" that activity as to its existence prior to May 1, 1997. Failure to register could lead to future enforcement actions, if you are unable to provide proof the activity existed prior to that date.
By putting your activity on the list, you and future owners will be able to continue that activity as long as it does not degrade the quality of the water. By registering the activity, you may maintain or repair the activity without NYCDEP intervention as long as degradation or pollution does not result.
By registering the activity, you may be able to transfer ownership of the non-complying regulated activity without providing documentation that the activity existed prior to May 1, 1997.
NYCDEP officials have assured the County that no inspections will take place as a result of the registration of an activity. The letter stating this is on file with the Delaware County Department of Watershed Affairs and the Delaware County Chamber of Commerce.
Being on the list does not allow one to degrade or pollute the water. Should this happen, the NYCDEP has the authority under the regulations to inspect regardless of whether or not you have registered your activity.
We encourage that you keep detailed pictures, descriptions as well as pertinent invoices as to the existence of that activity on May 1, 1997 in a safe place in your possession.
The forms that eventually become part of the NCRA directory should be filled out with only enough detail as to describe the activity. This Directory will be maintained at NYCDEP.
Delaware County will secure copies of the NCRA directory from the NYCDEP.
Yes, but keep in mind that after the directory is published in the local newspapers, you have 120 days to add your activity.
Should you miss that deadline, you have until April 30, 2002, to submit your activity's information. Unfortunately at this point, acceptance into the directory is at the discretion of the NYCDEP and much more documentation may be necessary.
