NEW YORK CITY WATERSHED MEMORANDUM OF AGREEMENT
January 21, 1997
TABLE OF CONTENTS
ARTICLE I DEFINITIONS
ARTICLE II NYC WATERSHED LAND ACQUISITION PROGRAM
54. Overview. 55. Prior Permit Application Discontinued. 56. New Permit Application. 57. Processing of New Permit Application. 58. Permit Issuance. 59. Limitation on Eminent Domain. 60. Willing Buyer/Willing Seller; Solicitation. 61. Fair Market Value. 62. Duration and Schedule. 63. Natural Features Criteria: Catskill and Delaware Watershed. 64. Catskill and Delaware Watershed Acquisition Goals. 65. Catskill and Delaware Watershed Acquisition Milestones. 66. Land Acquisition Criteria: Croton Watershed. 67. Vacant Property West of Hudson. 68. Designation of Non-Acquirable Land West of Hudson. 69. Vacant Property East of Hudson. 70. Designation of Non-Acquirable Land East of Hudson. 71. Local Consultation. 72. Recreational Uses: Newly Acquired Property. 73. Recreational Uses: Currently Owned City Property. 74. City Financial Commitments for Land Acquisition 75. Land Acquisition Segregated Account. 76. The State’s Croton Land Acquisition Program. 77. Watershed Agricultural Easements Program Overview. 78. Watershed Agricultural Easements Program. 79. Real Property Taxes: Newly Acquired in Fee Under the City’s Land Acquisition Program. 80. Real Property Taxes: Watershed Conservation Easements. 81. Limitation on Transfers to Tax Exempt Entities. 82. Land Held in Perpetuity for Watershed Protection 83. Conservation Easements Held in Perpetuity for Watershed Protection 84. Acquisition Reports. 85. Permit Conditions. 86. Funding of Permit Programs in City Budget.
54. Overview.
55. Prior Permit Application Discontinued.
56. New Permit Application.
57. Processing of New Permit Application.
58. Permit Issuance.
59. Limitation on Eminent Domain.
60. Willing Buyer/Willing Seller; Solicitation.
61. Fair Market Value.
62. Duration and Schedule.
63. Natural Features Criteria: Catskill and Delaware Watershed.
64. Catskill and Delaware Watershed Acquisition Goals.
65. Catskill and Delaware Watershed Acquisition Milestones.
66. Land Acquisition Criteria: Croton Watershed.
67. Vacant Property West of Hudson.
68. Designation of Non-Acquirable Land West of Hudson.
69. Vacant Property East of Hudson.
70. Designation of Non-Acquirable Land East of Hudson.
71. Local Consultation.
72. Recreational Uses: Newly Acquired Property.
73. Recreational Uses: Currently Owned City Property.
74. City Financial Commitments for Land Acquisition
75. Land Acquisition Segregated Account.
76. The State’s Croton Land Acquisition Program.
77. Watershed Agricultural Easements Program Overview.
78. Watershed Agricultural Easements Program.
79. Real Property Taxes: Newly Acquired in Fee Under the City’s Land Acquisition Program.
80. Real Property Taxes: Watershed Conservation Easements.
81. Limitation on Transfers to Tax Exempt Entities.
82. Land Held in Perpetuity for Watershed Protection
83. Conservation Easements Held in Perpetuity for Watershed Protection
84. Acquisition Reports.
85. Permit Conditions.
86. Funding of Permit Programs in City Budget.
ARTICLE III NYC WATERSHED REGULATIONS
87. Submission of Watershed Regulations. 88. NYSDOH Approval 89. City CAPA Promulgation. 90. NYSDOH SAPA Promulgation. 91. Non-material Revisions. 92. Waiver of Rights Regarding Approval and Promulgation. 93. Septic System Delegation. 94. Stormwater Project Review Committees 95. Review of Proposed Croton Plan. 96. Review of Modified Croton Plan.
87. Submission of Watershed Regulations.
88. NYSDOH Approval
89. City CAPA Promulgation.
90. NYSDOH SAPA Promulgation.
91. Non-material Revisions.
92. Waiver of Rights Regarding Approval and Promulgation.
93. Septic System Delegation.
94. Stormwater Project Review Committees
95. Review of Proposed Croton Plan.
96. Review of Modified Croton Plan.
ARTICLE IV NYC WATERSHED PROTECTION AND PARTNERSHIP COUNCIL AND OTHER PARTNERSHIP COMMITTEES
97. Watershed Protection and Partnership Council. Intent. 98. Watershed Protection and Partnership Council. Structure. 99. Watershed Protection and Partnership Council. Committees. 100. Watershed Protection and Partnership Council. Membership. 101. Watershed Protection and Partnership Council. Functions. 102. Watershed Protection and Partnership Council. Terms of Office. 103. Watershed Protection and Partnership Council. Committees and Subcommittees. Meetings.104. Watershed Protection and Partnership Council. Executive Committee. Membership.105. Watershed Protection and Partnership Council. Executive Committee. Functions.106. Watershed Protection and Partnership Council. Executive Committee. Terms of Office.107. Watershed Protection and Partnership Council. Executive Committee. Review of Objections.108. Watershed Protection and Partnership Council. East of Hudson Advisory Committee. Membership.109. Watershed Protection and Partnership Council. East of Hudson Advisory Committee. Functions.110. Watershed Protection and Partnership Council. East of Hudson Advisory Committee. Terms of Office.111. Watershed Protection and Partnership Council. Technical Advisory Committee. Membership.112. Watershed Protection and Partnership Council. Technical Advisory Committee. Functions.113. Watershed Protection and Partnership Council. Technical Advisory Committee. Terms of Office.114. Watershed Protection and Partnership Council. Technical Advisory Committee. Meetings; Quorum; Quorum for Approvals. 115. Watershed Protection and Partnership Council. East of Hudson Sporting Advisory Committee. Membership. 116. Watershed Protection and Partnership Council. East of Hudson Sporting Advisory Committee. Functions. 117. Catskill Watershed Corporation. Creation and Membership. 118. Catskill Watershed Corporation. Functions.
97. Watershed Protection and Partnership Council. Intent.
98. Watershed Protection and Partnership Council. Structure.
99. Watershed Protection and Partnership Council. Committees.
100. Watershed Protection and Partnership Council. Membership.
101. Watershed Protection and Partnership Council. Functions.
102. Watershed Protection and Partnership Council. Terms of Office.
103. Watershed Protection and Partnership Council. Committees and Subcommittees. Meetings.
104. Watershed Protection and Partnership Council. Executive Committee. Membership.
105. Watershed Protection and Partnership Council. Executive Committee. Functions.
106. Watershed Protection and Partnership Council. Executive Committee. Terms of Office.
107. Watershed Protection and Partnership Council. Executive Committee. Review of Objections.
108. Watershed Protection and Partnership Council. East of Hudson Advisory Committee. Membership.
109. Watershed Protection and Partnership Council. East of Hudson Advisory Committee. Functions.
110. Watershed Protection and Partnership Council. East of Hudson Advisory Committee. Terms of Office.
111. Watershed Protection and Partnership Council. Technical Advisory Committee. Membership.
112. Watershed Protection and Partnership Council. Technical Advisory Committee. Functions.
113. Watershed Protection and Partnership Council. Technical Advisory Committee. Terms of Office.
114. Watershed Protection and Partnership Council. Technical Advisory Committee. Meetings; Quorum; Quorum for Approvals.
115. Watershed Protection and Partnership Council. East of Hudson Sporting Advisory Committee. Membership.
116. Watershed Protection and Partnership Council. East of Hudson Sporting Advisory Committee. Functions.
117. Catskill Watershed Corporation. Creation and Membership.
118. Catskill Watershed Corporation. Functions.
ARTICLE V NYC WATERSHED PROTECTION AND PARTNERSHIP PROGRAMS
119. Overview. 120. Catskill Watershed Corporation. Funding. 121. SPDES Upgrades. 122. New Sewage Treatment Infrastructure Facilities for Towns, Villages and Hamlets. 123. Sewer Extensions. 124. Septic System Rehabilitations and Replacements. 125. Stormwater Retrofits. 126. Sand and Salt Storage Facilities. 127. Stream Corridor Protection. 128. West of Hudson Future Stormwater Controls. 129. Alternate Design Septic Systems. 130. Forestry Management Program. 131. Public Education. 132. Dunraven Causeway Bridge Reconstruction. 133. Schoharie Roads and Bridges. 134. West of Hudson Economic Development Study. 135. Catskill Fund for the Future. 136. Tax Consulting Fund. 137. Funding of the Watershed Protection and Partnership Council. 138. Watershed Planning in the Croton System. 139. Sewage Diversion Feasibility Studies. 140. East of Hudson Water Quality Investment Program. 141. Upgrades to Existing WWTPs to Comply with Watershed Regulations. 142. Future Operation and Maintenance Costs at Public WWTPs for Equipment Installed or Methods of Operation Instituted Between July 1, 1991 and November 2, 1995. 143. Upgrades to Future Public WWTPs Required by the Watershed Regulations. 144. Phosphorus Controls in Cannonsville. 145. Future Stormwater Controls Paid for by the City: Single-family Houses, Small Businesses, Low-income Housing. 146. Payment of Costs and Expenses Associated with Review of City's Watershed Protection Program. 147. Good Neighbor Payments. 148. Local Consultation on Land Acquisition Program. 149. Certain Funds Intended to Benefit Signatories Only. 150. General Provisions Applicable to all Watershed Partnership and Protection Programs. 151. Compliance With State Law. 152. State Partnership Programs. 153. Utility Crossings. 154. Letter of Credit. 155. Invalidation of the Watershed Regulations. 156. Invalidation of the Water Supply Permit. 157. Invalidation of Both the Watershed Regulations and the Water Supply Permit. 158. Liquidated Damages for Late Payment Under a Valid and Enforceable Program Contract.
119. Overview.
120. Catskill Watershed Corporation. Funding.
121. SPDES Upgrades.
122. New Sewage Treatment Infrastructure Facilities for Towns, Villages and Hamlets.
123. Sewer Extensions.
124. Septic System Rehabilitations and Replacements.
125. Stormwater Retrofits.
126. Sand and Salt Storage Facilities.
127. Stream Corridor Protection.
128. West of Hudson Future Stormwater Controls.
129. Alternate Design Septic Systems.
130. Forestry Management Program.
131. Public Education.
132. Dunraven Causeway Bridge Reconstruction.
133. Schoharie Roads and Bridges.
134. West of Hudson Economic Development Study.
135. Catskill Fund for the Future.
136. Tax Consulting Fund.
137. Funding of the Watershed Protection and Partnership Council.
138. Watershed Planning in the Croton System.
139. Sewage Diversion Feasibility Studies.
140. East of Hudson Water Quality Investment Program.
141. Upgrades to Existing WWTPs to Comply with Watershed Regulations.
142. Future Operation and Maintenance Costs at Public WWTPs for Equipment Installed or Methods of Operation Instituted Between July 1, 1991 and November 2, 1995.
143. Upgrades to Future Public WWTPs Required by the Watershed Regulations.
144. Phosphorus Controls in Cannonsville.
145. Future Stormwater Controls Paid for by the City: Single-family Houses, Small Businesses, Low-income Housing.
146. Payment of Costs and Expenses Associated with Review of City's Watershed Protection Program.
147. Good Neighbor Payments.
148. Local Consultation on Land Acquisition Program.
149. Certain Funds Intended to Benefit Signatories Only.
150. General Provisions Applicable to all Watershed Partnership and Protection Programs.
151. Compliance With State Law.
152. State Partnership Programs.
153. Utility Crossings.
154. Letter of Credit.
155. Invalidation of the Watershed Regulations.
156. Invalidation of the Water Supply Permit.
157. Invalidation of Both the Watershed Regulations and the Water Supply Permit.
158. Liquidated Damages for Late Payment Under a Valid and Enforceable Program Contract.
ARTICLE VI MISCELLANEOUS PROVISIONS
159. New Filtration Avoidance Determination. 160. Primacy Agency. 161. Lead Agency Determination. 162. Total Maximum Daily Loads 163. NYSDEC Review of SPDES Permits in Watershed 164. Enhanced Monitoring. 165. Phosphorus Pilot Program. 166. Home Heating Oil Tank Insurance. 167. Legislative Proposals. 168. Pesticide and Fertilizer Technical Working Group. 169. Galley Study. 170. Septic System Siting Study. 171. Assignment of Rights Between Coalition and CW Corporation. 172. Coalition of Watershed Towns v. City of New York. 173. City of New York v. State Department of Health. 174. Inclusion of City’s Obligations in City’s Annual Budget. 175. Water Rates. 176. Waiver of Future Challenges. 177. Mediation of Future Disputes. 178. Enforcement Discretion Regarding Violations Related to Failure of Agreed-upon Funding. 179. State and City Review of Performance Under This Agreement. 180. Complete Agreement. 181. Agreement is a Legally Binding Contract. 182. Citizen Suits. 183. Notices. 184. Additional Parties. 185. Authorization to Execute.
159. New Filtration Avoidance Determination.
160. Primacy Agency.
161. Lead Agency Determination.
162. Total Maximum Daily Loads
163. NYSDEC Review of SPDES Permits in Watershed
164. Enhanced Monitoring.
165. Phosphorus Pilot Program.
166. Home Heating Oil Tank Insurance.
167. Legislative Proposals.
168. Pesticide and Fertilizer Technical Working Group.
169. Galley Study.
170. Septic System Siting Study.
171. Assignment of Rights Between Coalition and CW Corporation.
172. Coalition of Watershed Towns v. City of New York.
173. City of New York v. State Department of Health.
174. Inclusion of City’s Obligations in City’s Annual Budget.
175. Water Rates.
176. Waiver of Future Challenges.
177. Mediation of Future Disputes.
178. Enforcement Discretion Regarding Violations Related to Failure of Agreed-upon Funding.
179. State and City Review of Performance Under This Agreement.
180. Complete Agreement.
181. Agreement is a Legally Binding Contract.
182. Citizen Suits.
183. Notices.
184. Additional Parties.
185. Authorization to Execute.
Attachments
A. List of Municipalities which are PartiesB. List of Environmental Organizations which are PartiesC. Map of Catskill and Delaware Water Supply and Watershed D. Map of Croton Water Supply and WatershedE. Member Counties, Towns and Villages of Coalition of Watershed TownsF. List of West of Hudson CommunitiesG. List of East of Hudson CommunitiesH. Land Acquisition Schedule I. Catskill and Delaware Watershed Priorities J. Croton Watershed Priority Areas K. Cannonsville Reservoir Priority 1A Boundaries L. Pepacton Reservoir Priority 1A Boundaries M. Neversink Reservoir Priority 1A Boundaries N. Rondout Reservoir Priority 1A Boundaries O. Ashokan Reservoir Priority 1A Boundaries P. West Branch Reservoir Priority 1A Boundaries Q. Kensico Reservoir Priority 1A BoundariesR. West of Hudson Hamlets Eligible for Land Acquisition ExemptionsS. West of Hudson Villages Eligible for Land Acquisition ExemptionsT. Defined West of Hudson Roads Eligible for Land Acquisition ExemptionsU. Proposed State LegislationV. Draft Water Supply PermitW. Proposed Watershed Rules and RegulationsX. Model Payments in Lieu of Taxes Agreement (PILOTS)Y. Inter-Municipal Agreement for Sewage Diversion Study Y-1 Putnam County - Diversion Feasibility Study Y-2 Westchester County - Diversion Feasibility Study Z. Land Acquisition Solicitation ProtocolAA. Map of Schoarie Substitute Roads and BridgesBB. Memorandum of Understanding regarding Delegation of Septic System Review toLocal County Departments of Health BB-1 Weschester County Department of HealthBB-2 Putman County Department of HealthBB-3 Ulster County Department of HealthCC. Articles of Incorporation and By-Laws of the Catskill Watershed CorporationDD. Catskill Watershed Corporation-Environmental Facilities Corporation AgreementEE. Inter-Municipal Agreement for Watershed Planning in the Croton System EE-1 Putnam County - Croton Watershed Planning EE-2 Westchester County - Croton Watershed PlanningFF. Catskill Watershed Corporation-City Agreement for Watershed Partnership andProtection Programs FF-1 Spetic System Rehabilitation and ReplacementFF-2 Sand and Salt StorageFF-3 West of Hudson Future Stormwater ControlsFF-4 Alternate Design Septic SystemsFF-5 Local Consultation on Land AcquisitionFF-6 Public EducationFF-7 West of Hudson Economic Development StudyFF-8 Tax Consulting FundFF-9 Stormwater RetrofitsFF-10 Catskill Watershed Corporation Operating FundsGG. East of Hudson-City Inter-Municipal Agreement (EOH Funds, Costs, Good NeighborLocal Consultation) GG-1 Westchester County - EOH Water Quality FundsGG-2 Westchester County - Good Neighbor PaymentsGG-3 Westchester County - Local ConsultationGG-4 Westchester County - Costs and ExpensesGG-5 Putnam County - EOH Water Quality FundsGG-6 Putnam County - Good Neighbor PaymentsGG-7 Putnam County - Local ConsultationGG-8 Putnam County - Costs and ExpensesHH. City-Environmental Facilities Corporation - Owner/Operator Agreement regardingRegulatory UpgradesII. Environmental Facilities Corporation-Owner/Operator Agreement regardingRegulatory UpgradesJJ. List of Good Neighbor PaymentsKK. Carmel Regulatory Upgrades Inter-Municipal AgreementLL. Draft Filtration Avoidance DeterminationMM. Total Maximum Daily Loads Phase I MethodologyNN. Enhanced Monitoring Study Scope of WorkOO. Galley Study ProtocolPP. New York State Department of Health Draft Supplemental Declatory RulingQQ. Draft Letter of CreditRR. Draft New York State Department of Health Approval of RegulationsSS. New Sewage Treatment Infrastructure Facilities for Towns, Villages and HamletsTT. City-Coalition of Watershed Towns AgreementsTT-1 Costs and ExpensesTT-2 Good Neighbor PaymentsUU. September 1993 New York State Department of Health Declaratory RulingVV. Funding of the Watershed Protection and Partnership CouncilWW. Model Agreement for the Operation and Maintenance of Regulatory UpgradesXX. Notice Addresses
A. List of Municipalities which are Parties
B. List of Environmental Organizations which are Parties
C. Map of Catskill and Delaware Water Supply and Watershed
D. Map of Croton Water Supply and Watershed
E. Member Counties, Towns and Villages of Coalition of Watershed Towns
F. List of West of Hudson Communities
G. List of East of Hudson Communities
H. Land Acquisition Schedule
I. Catskill and Delaware Watershed Priorities
J. Croton Watershed Priority Areas
K. Cannonsville Reservoir Priority 1A Boundaries
L. Pepacton Reservoir Priority 1A Boundaries
M. Neversink Reservoir Priority 1A Boundaries
N. Rondout Reservoir Priority 1A Boundaries
O. Ashokan Reservoir Priority 1A Boundaries
P. West Branch Reservoir Priority 1A Boundaries
Q. Kensico Reservoir Priority 1A Boundaries
R. West of Hudson Hamlets Eligible for Land Acquisition Exemptions
S. West of Hudson Villages Eligible for Land Acquisition Exemptions
T. Defined West of Hudson Roads Eligible for Land Acquisition Exemptions
U. Proposed State Legislation
V. Draft Water Supply Permit
W. Proposed Watershed Rules and Regulations
X. Model Payments in Lieu of Taxes Agreement (PILOTS)
Y. Inter-Municipal Agreement for Sewage Diversion Study
Y-1 Putnam County - Diversion Feasibility Study Y-2 Westchester County - Diversion Feasibility Study
Z. Land Acquisition Solicitation Protocol
AA. Map of Schoarie Substitute Roads and Bridges
BB. Memorandum of Understanding regarding Delegation of Septic System Review toLocal County Departments of Health
BB-1 Weschester County Department of HealthBB-2 Putman County Department of HealthBB-3 Ulster County Department of Health
CC. Articles of Incorporation and By-Laws of the Catskill Watershed Corporation
DD. Catskill Watershed Corporation-Environmental Facilities Corporation Agreement
EE. Inter-Municipal Agreement for Watershed Planning in the Croton System
EE-1 Putnam County - Croton Watershed Planning EE-2 Westchester County - Croton Watershed Planning
FF. Catskill Watershed Corporation-City Agreement for Watershed Partnership andProtection Programs
FF-1 Spetic System Rehabilitation and ReplacementFF-2 Sand and Salt StorageFF-3 West of Hudson Future Stormwater ControlsFF-4 Alternate Design Septic SystemsFF-5 Local Consultation on Land AcquisitionFF-6 Public EducationFF-7 West of Hudson Economic Development StudyFF-8 Tax Consulting FundFF-9 Stormwater RetrofitsFF-10 Catskill Watershed Corporation Operating Funds
GG. East of Hudson-City Inter-Municipal Agreement (EOH Funds, Costs, Good NeighborLocal Consultation)
GG-1 Westchester County - EOH Water Quality FundsGG-2 Westchester County - Good Neighbor PaymentsGG-3 Westchester County - Local ConsultationGG-4 Westchester County - Costs and ExpensesGG-5 Putnam County - EOH Water Quality FundsGG-6 Putnam County - Good Neighbor PaymentsGG-7 Putnam County - Local ConsultationGG-8 Putnam County - Costs and Expenses
HH. City-Environmental Facilities Corporation - Owner/Operator Agreement regardingRegulatory Upgrades
II. Environmental Facilities Corporation-Owner/Operator Agreement regardingRegulatory Upgrades
JJ. List of Good Neighbor Payments
KK. Carmel Regulatory Upgrades Inter-Municipal Agreement
LL. Draft Filtration Avoidance Determination
MM. Total Maximum Daily Loads Phase I Methodology
NN. Enhanced Monitoring Study Scope of Work
OO. Galley Study Protocol
PP. New York State Department of Health Draft Supplemental Declatory Ruling
QQ. Draft Letter of Credit
RR. Draft New York State Department of Health Approval of Regulations
SS. New Sewage Treatment Infrastructure Facilities for Towns, Villages and Hamlets
TT. City-Coalition of Watershed Towns Agreements
TT-1 Costs and ExpensesTT-2 Good Neighbor Payments
UU. September 1993 New York State Department of Health Declaratory Ruling
VV. Funding of the Watershed Protection and Partnership Council
WW. Model Agreement for the Operation and Maintenance of Regulatory Upgrades
XX. Notice Addresses
