A major sticking point for the DEC was the threshold used to determine if inflow (water coming into the system from above ground) or infiltration (groundwater) is excessive. The report uses a threshold established in Massachusetts because New York has no established standards, explained John Lagorga, a consultant with Stearns & Wheler who is overseeing the flow management evaluation.
DEC Engineer James Burke said it would take about a week to determine if the Massachusetts threshold is acceptable or if new standards were required.
Got that? Their was no standard mandated by law. So they tried to use another State’s standard. But that still might be found in noncompliance. The DEC just has not made up its mind yet. You are guilty until proven innocent.