Filtration Avoidance Determination (FAD)

In a December 2006 the New York City Department of Environmental Protection (NYCDEP) submitted a plan for the long-term protection of the watershed for New York City’s (City) Catskill/Delaware water supply.

Implementation of the plan, which was entitled New York City Department of Environmental Protection 2006 Long-Term Watershed Protection Program (“2006 Long-Term Plan”), would ensure effective watershed protection and compliance with filtration avoidance criteria for the Catskill/Delaware water supply.

In July 2007, upon completion of review of the plan and in consultation with the New York State Department of Health (NYSDOH), the U.S. Environmental Protection Agency (EPA) concluded that the City’s plan would provide adequate watershed protection and consequently issued the 2007 Filtration Avoidance Determination (FAD). The 2007 FAD requires the City to implement the watershed protection plan outlined in its 2006 Long-Term Plan and includes certain additional requirements and clarifications. As a result, the City’s commitments and obligations are defined by both the City’s 2006 Long-Term Plan and the 2007 FAD.

The 2007 FAD requires the City to support a Land Acquisition Program for a ten-year period. The FAD also defines the requirements and milestones for a number of other watershed protection programs for the first five-year period of the FAD. The 2007 FAD describes that at the end of the first five-year period, with the primacy agency taking the lead, EPA and NYSDOH will conduct a review of the City’s implementation of its 2006 Long-Term Plan and compliance with the requirements of the FAD.

In September 2007, EPA granted NYSDOH primary regulatory responsibility for the Surface Water Treatment Rule as it applies to the Catskill/Delaware water supply, making NYSDOH the primacy agency for oversight of NYC’s FAD. As such, a report has been prepared by NYSDOH, in consultation with EPA, as a summary of the findings of this compliance review.

You can read the complete implementation of New York City’s Watershed Protection Program and Compliance with the 2007 Filtration Avoidance Determination here.

You can read the updates reports and additional information on the (link to

2007 FAD Review.

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