NY Env Conserv L § 15-1501 (2021)
2021 New York Laws ENV - Environmental Conservation Article 15 - Water Resources Title 15 - Water Supply 15-1501 - Water Withdrawals; Permit.

§ 15-1501.  Water withdrawals; permit.1.  Except  as  otherwise  provided  in  this  title, no person who is   engaged in, or  proposing  to  engage  in,  the  operation  of  a  water   withdrawal  system  with  a  capacity  of  greater  than or equal to the   threshold volume, shall have any power to do the  following  until  such   person  has  first  obtained  a  permit  or permit modification from the   department pursuant to this title:a. To make a water withdrawal from an existing or  new  source  or  an   increased water withdrawal from an existing permitted source;b. To take or condemn lands for the protection of any existing sources   of  public water supply; or for the development or protection of any new   or additional sources of public water supply;c. To commence or undertake the construction of any works or  projects   in connection with the proposed withdrawal; ord.  To  extend  its  supply  or  distribution mains into any new water   service area or extension that has not been approved by  the  department   or a predecessor commission; ore.  To  make  a  significant  change in the principal use of the water   withdrawal  system  from  that  specified  in  the  permit,  or   permit   application.2.  All  valid public water supply permits and approvals issued by the   department or its predecessors shall remain in full force and effect for   the purpose of satisfying the permit requirements of subdivision one  of   this  section  for  existing  water  withdrawals from a source and in an   amount authorized by such  permit  or  approval.  Until  the  department   promulgates  regulations  pursuant  to subdivision four of this section,   nothing contained in subdivision one of this section concerning  permits   from  the department shall be applicable to water withdrawals other than   for a public water supply system.3. Nothing  contained  in  this  title  concerning  permits  from  the   department  for  water  withdrawals  shall  be  deemed  to  nullify  the   requirements of the State Sanitary Code  applicable  to  drinking  water   supplies,  including  public water systems and bottled water facilities,   in effect on February 15, 2012, as may be amended from time to time.  No   supplier of water shall make, install or construct, or allow to be made,   installed  or  constructed, a public water supply system or any addition   or deletion to or modification of a public water supply system until the   plans and specifications therefor have been submitted to and approved by   the commissioner of health or his or her designee as may be required  by   the state sanitary code.4.   The  department  shall  promulgate  regulations  to  implement  a   permitting program for water withdrawals equal to or  greater  than  the   threshold  volume consistent with the requirements of this section which   shall  establish:  (a)  minimum  standards   for   operation   and   new   construction  of water withdrawal systems; (b) monitoring, reporting and   recordkeeping requirements; and (c) protections for present  and  future   needs  for  sources  of  potable  water  supply.  Such  regulations  may   establish quantitative standards that maintain stream  flows  protective   of  aquatic  life, consistent with the policy objectives of this article   and  any  other  conditions,  limitations  and  restrictions  that   the   department,  in  consultation  with the department of health, determines   are necessary to protect the environment and the public  health,  safety   and  welfare  and  to  ensure the proper management of the waters of the   state.  The  regulations  may  establish  exemptions   from   permitting   requirements in addition to those exemptions specified in this section.5.  The  department is authorized to consolidate existing water supply   permits for a public water  supply  system  into  one  permit,  and  may   require   submission  of  an  application  for  such  permit  where  the    department determines that such actions are  necessary  to  protect  the   environment  and the public health, safety and welfare and to ensure the   proper management of the waters of the state.6.  Each  person who is required under this section to obtain a permit   shall annually, on a form  prescribed  by  the  department,  report  all   information  requested  by  the department, including but not limited to   water usage  and  water  conservation  measures  undertaken  during  the   reporting  period.  Information  on  water  usage and water conservation   measures shall be posted on the department's website.7.  The  following  water  withdrawals  are  exempt  from  the  permit   requirements  established by this section: (a) withdrawals used for fire   suppression or public emergency  purposes;  (b)  withdrawals  that  have   received an approval from a compact basin commission which administers a   program  governing  water withdrawals; (c) closed loop, standing column,   or similar non-extractive geothermal heat  pumps;  (d)  withdrawals  for   which  a  permit has been issued pursuant to the requirements of section   15-1527  of  this  title;  (e)  existing  withdrawals  for  agricultural   purposes provided the withdrawal has been registered with the department   pursuant  to  the  requirements  of  title  sixteen  of  this article or   reported to  the  department  pursuant  to  the  requirements  of  title   thirty-three  of  this  article  on  or  before  February fifteenth, two   thousand twelve; and (f)  withdrawals  at  remediation  sites  conducted   pursuant  to  a  federal  or  state  court  order  or  federal  or state   government agency agreement or order.8. The department shall establish a water conservation and  efficiency   program  with  the  goals  of (a) ensuring improvement of the waters and   water dependent natural resources,  (b)  protecting  and  restoring  the   hydrologic  and  ecosystem integrity of watersheds throughout the state,   (c) retaining the quantity of  surface  water  and  groundwater  in  the   state,  (d)  ensuring sustainable use of state waters, and (e) promoting   the efficiency of use and reducing losses and waste of water.9.  The  department  shall  issue  an  initial  permit,   subject   to   appropriate  terms and conditions as required under this article, to any   person not exempt from the permitting requirements of this section,  for   the  maximum  water  withdrawal  capacity  reported  to  the  department   pursuant to the requirements of title sixteen or title  thirty-three  of   this article on or before February fifteenth, two thousand twelve.