DCAP Report for Watershed Protection & Economic Vitality
DCAP Report to Phosphorus Study Committee
DCAP Stormwater Management
DCAP GIS Capability.pdf
DCAP Highways Fact Sheet.pdf
DCAP Modeling.pdf
DCAP Precision Agriculture.pdf
DCAP Stream Corridor Fact Sheet.pdf
Delaware County Steam Corridor Management Plans
DCAP Stormwater
DCAP Program Summary October 2006
DCAP Executive Summary 2006 & DCAP From the Beginning

Focus on a Farm

A Compendium of Scientific Work

on a New York State Agricultural Watershed

 

Non-Complying Regulated Activities               
Here is where you will find answers to frequently asked questions about Non-Complying Regulated Activities.

What is a non-complying regulated activity?
Why are Non-Complying Activities important?
What are the eligible activities that can be registered into the directory?
What is the point of putting my activity in the directory?
What does voluntary registration do for me?
Will NYCDEP officials, as a result of this voluntary registration, inspect me?
What would cause an inspection?       
If I sign-up, where is the information about my activity maintained?

 

What is a non-complying regulated activity?

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.

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Why are Non-Complying Activities important?

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.
 
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What are the eligible activities that can be registered into the directory?

- Impervious surfaces 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

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What is the point of putting my activity in the directory?

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.
 
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What does voluntary registration do for me?

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.
 
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Will NYCDEP officials, as a result of this voluntary registration, inspect me?

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.
 
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What would cause an inspection?

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.
 
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If I sign-up, where is the information about my activity maintained?

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.
 
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