(a) The discharge restriction categories may be assigned to:

1. (1) waters of particular public health concern;
2. (2) significant recreational or ecological waters where the quality of the water is critical to maintaining the value for which the waters are distinguished; and
3. (3) other sensitive waters where the department has determined that existing standards are not adequate to maintain water quality.

(b) Waters of particular public health concern may include:

1. (1) waters within a 60-day water time-of-travel of unfiltered public water supply intake points;
2. (2) public water supply watersheds with reservoirs experiencing accelerated eutrophication;
3. (3) groundwaters requiring such protection as specified in watershed rules and regulations or wellhead protection programs; and
4. (4) marine waters certified by the department for taking of shellfish.

(c) Significant recreational and ecological waters may include:

1. (1) wild and scenic rivers designated as per ECL 15-2701 and Part 666 of this Title;
2. (2) critical aquatic habitat for fishes, amphibians, or aquatic invertebrates listed as endangered, threatened, or of special concern in Part 182 of this Title;
3. (3) State park waters;
4. (4) State and Federal wildlife management area waters;
5. (5) groundwaters and surface waters tributary to and within freshwater wetlands designated class I pursuant to Part 664 of this Title;
6. (6) classified waters within intertidal marsh and coastal fresh marsh tidal wetlands designated as per Part 661 of this Title;
7. (7) waters protected under the Constitution of the State; and
8. (8) pristine, minimally impacted waters with a diversity of naturally reproducing aquatic species.

(d) Other sensitive waters may include:

1. (1) recreational waters where accelerated eutrophication threatens current and future use of the waters;
2. (2) waters where physical accumulation or bioaccumulation of contaminants produce water use impairments;
3. (3) small trout spawning streams; and
4. (4) waters with little assimilative capacity due to natural background conditions or human activities.