New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 833 - Project Review Under Section 3.8 Of The Compact (article 3) › Section 833.5 - Classification of projects for review under section 3.8 of the Compact

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as the
				  executive director may specially direct by notice to the project owner or
				  sponsor, or as a State or Federal agency may refer under subdivision (c) of
				  this section, a project in any of the following classifications will be deemed
				  not to have a substantial effect on the water resources of the basin and is not
				  required to be submitted under section
				  3.8 of the Compact:
(1) The construction of new impoundments or
				  the enlargement or removal of existing impoundments, for whatever purpose, when
				  the storage capacity is less than 100 million gallons.
(2) A withdrawal from ground water for any
				  purpose when the daily average gross withdrawal during any 30 consecutive day
				  period does not exceed 100,000 gallons.
(3) A withdrawal from impoundments or running
				  streams for any purpose when the daily average gross withdrawal during any 30
				  consecutive day period does not exceed 100,000 gallons.
(4) The construction of new domestic sewage
				  treatment facilities or alteration or addition to existing domestic sewage
				  treatment facilities when the design capacity of such facilities is less than a
				  daily average rate of 10,000 gallons per day in the drainage area to
				  outstanding basin waters and significant resource waters or less than 50,000
				  gallons per day elsewhere in the basin; and all local sewage collector systems
				  and improvements discharging into authorized trunk sewage systems.
(5) The construction of new facilities or
				  alteration or addition to existing facilities for the direct discharge to
				  surface or ground waters of industrial wastewater having design capacity of
				  less than 10,000 gallons per day in the drainage area to outstanding basin
				  waters and significant resource waters or less than 50,000 gallons per day
				  elsewhere in the basin; except where such wastewater contains toxic
				  concentrations of waste materials.
(6) A change in land cover on major ground
				  water infiltration areas when the amount of land that would be altered is less
				  than three square miles.
(7)
				  Deepening, widening, cleaning or dredging existing stream beds or relocating
				  any channel, and the placement of fill or construction of dikes, on streams
				  within the basin except the Delaware River and tidal portions of tributaries
				  thereto, and streams draining more than one state.
(8) Periodic maintenance dredging.
(9) Encroachments on streams within the basin
				  caused by:
(i) floating docks and anchorages
				  and buoys and navigational aids;
(ii) temporary construction such as
				  causeways, cofferdams and falsework required to facilitate construction on
				  permanent structures.
(10) Bridges and highways unless they would
				  pass in or across an existing or proposed reservoir or recreation project area
				  as designated in the comprehensive plan.
(11) Liquid petroleum products pipelines and
				  appurtenances designed to operate under pressures less than 150 psi; local
				  electric distribution lines and appurtenances; local communication lines and
				  appurtenances; local natural and manufactured gas distribution lines and
				  appurtenances; local water distribution lines and appurtenances; and local
				  sanitary sewer mains, unless such lines would involve significant disturbance
				  of ground cover affecting water resources.
(12) Electric transmission or bulk power
				  system lines and appurtenances; major trunk communication lines and
				  appurtenances; natural and manufactured gas transmission lines and
				  appurtenances; major water transmission lines and appurtenances; unless they
				  would pass in, on, under or across an existing or proposed reservoir or
				  recreation project area as designated in the comprehensive plan, unless such
				  lines would involve significant disturbance of ground cover affecting water
				  resources.
(13) Liquid petroleum
				  products pipelines and appurtenances designed to operate under pressures of
				  more than 150 psi, unless they would pass in, on, under or across an existing
				  or proposed reservoir or recreation project area as designated in the
				  comprehensive plan, or in, on, under or across any stream within the basin,
				  unless such lines would involve significant disturbance of ground cover
				  affecting water resources.
(14)
				  Landfill projects unless no State-level review and permit system is in effect;
				  broad regional consequences are anticipated; or the standards or criteria used
				  in State level review are not adequate to protect the water of the basin for
				  the purposes prescribed in the comprehensive plan.
(15) Draining, filling or otherwise altering
				  marshes or wetlands when the area affected is less than 25 acres; provided,
				  however, that areas less than 25 acres shall be subject to commission review
				  and action:
(i) where neither a State nor a
				  Federal level review and permit system is in effect, and the executive director
				  determines that a project is of major regional or interstate significance
				  requiring action by the commission; or
(ii) when a commissioner or the executive
				  director determines that the final action of a State or Federal permitting
				  agency may not adequately reflect the commission's policy as to wetlands of the
				  basin.
In the case of a project affecting less than 25 acres for
					 which there has been issued a State or Federal permit, a determination to
					 undertake review and action by the commission shall be made no later than 30
					 days following notification of the commission of such permit action. The
					 executive director, with the approval of the chairman, may at any time within
					 the 30-day period inform any permit holder, signatory party or other interested
					 party that the commission will decline to undertake review and action
					 concerning any such project.
(16) The diversion or transfer of water from
				  the Delaware River Basin (exportation) whenever the design capacity is less
				  than a daily average rate of 100,000 gallons.
(17) The diversion or transfer of water into
				  the Delaware River Basin (importation) whenever the design capacity is less
				  than a daily average rate of 100,000 gallons except when the imported water is
				  wastewater.
(18) The diversion or
				  transfer of wastewater into the Delaware River Basin (importation) whenever the
				  design capacity is less than a daily average rate of 50,000 gallons.
(19) Temporary or short term projects
				  determined to have nonsubstantial impact on the water resources of the basin by
				  the executive director.