NY Env Conserv L § 15-1503 (2021)
2021 New York Laws ENV - Environmental Conservation Article 15 - Water Resources Title 15 - Water Supply 15-1503 - Permits.

§ 15-1503. Permits.1.   A   permit  application  or  request  for  a  permit  renewal  or   modification shall be made on forms prescribed  by  the  department  and   shall  contain  all  information requested by the department relative to   the withdrawal, use and discharge of water, including:a. with respect to a public water supply  system,  proof  of  adequate   authorization for the proposed project;b.  such exhibits as may be necessary clearly to indicate the scope of   the proposed project;c. a map of any lands to be acquired;d. project plans;e. a statement of the need for and the reasons why the proposed source   or sources of supply were selected among the alternative  sources  which   are or may become available and the adequacy of the supply selected; andf.  a description of the applicant's proposed near term and long range   water conservation program that incorporates environmentally  sound  and   economically    feasible    water   conservation   measures,   including   implementation and enforcement procedures, effectiveness to date and any   planned modifications for the future. For a public water supply  system,   the water conservation program may include but need not be limited to:i. the identification of and cost effectiveness of distribution system   rehabilitation to correct sources of lost water;ii.   measures   which   encourage   proper   maintenance   and  water   conservation;iii. a public  information  program  to  promote  water  conservation,   including industrial and commercial recycling and reuse;iv. household conservation measures; andv.  contingency  measures  for  limiting  water use during seasonal or   drought shortages.2. In making its decision to grant or deny a  permit  or  to  grant  a   permit with conditions, the department shall determine whether:a.  the  proposed water withdrawal takes proper consideration of other   sources of supply that are or may become available;b. the quantity of supply will be adequate for the proposed use;c. the project is just and equitable to  all  affected  municipalities   and  their inhabitants with regard to their present and future needs for   sources of potable water supply;d. the need for all or part of the proposed water withdrawal cannot be   reasonably  avoided  through  the  efficient  use  and  conservation  of   existing water supplies;e.  the  proposed  water  withdrawal is limited to quantities that are   considered reasonable for the  purposes  for  which  the  water  use  is   proposed;f.  the  proposed  water withdrawal will be implemented in a manner to   ensure it will result in no significant individual or cumulative adverse   impacts on the quantity  or  quality  of  the  water  source  and  water   dependent natural resources;g.  the proposed water withdrawal will be implemented in a manner that   incorporates  environmentally  sound  and  economically  feasible  water   conservation measures; andh.  the proposed water withdrawal will be implemented in a manner that   is consistent with applicable municipal, state and federal laws as  well   as regional interstate and international agreements.3.  In  order  to  assist  the development of local water conservation   programs for public water supply systems, the department shall  continue   to  publish  and  distribute  a  water conservation manual that includes   beneficial near term and long range water conservation procedures  which    reflect  local  water  resource  needs and conditions. Such manual shall   include examples of:a.  methods  of  identifying and determining the cost effectiveness of   distribution system rehabilitation to correct sources of lost water;b. measures which encourage proper maintenance and water conservation;c.  a  public  information  program  to  promote  water  conservation,   including industrial and commercial recycling and reuse;d. household conservation measures; ande.  contingency  measures  for  limiting  water use during seasonal or   drought shortages.4. The department may grant or deny a permit or grant  a  permit  with   such  conditions  as may be necessary to provide satisfactory compliance   by the applicant with the matters subject  to  department  determination   pursuant  to subdivision 2 of this section, or to bring into cooperation   all persons that may be affected by the project, but  it  shall  make  a   reasonable effort to meet the needs of the applicant, with due regard to   the actual or prospective needs, interests and rights of others that may   be affected by the project.5.  The  rules  and regulations adopted by the department to implement   this title and the provisions of article 70 of this  chapter  and  rules   and  regulations  adopted  thereunder  shall govern permit applications,   renewals, modifications, suspensions and revocations under this title.6. A new permit for a  water  withdrawal  system  and  any  subsequent   renewal  thereof  shall  be valid for a period of time not to exceed ten   years from the date of issuance. A new  permit  or  permit  modification   must  be obtained from the department prior to any transfer or change of   ownership of a water withdrawal system.7. For each permit issued  for  a  public  water  supply  system,  the   department  shall  post  on  the department's website the permittee, the   maximum pumping capacity allowed under the permit, the results  of  well   monitoring,  and the information reported pursuant to subdivision six of   section 15-1501 of this title.