reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXVIII - New York Temporary State Commission On Constitutional Tax Limitations › Part 1600 - Public Access To Records › Section 1600.9 - Subject matter of files

Current through Register Vol. 46, No. 28, July 10, 2024
Subject matter of the commission's files is maintained in the
				  following manner:
(a) Commission
				reports
(b) Legislative
				memorandum
(c) Records of public
				hearings
(d) Correspondence
Records access officers will assist applicant to identify the
				  location of records.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1801 - General Policies › Section 1801.1 - Public access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Purpose.
The commission, as an independent compact agency, is not
				  subject to any of its member jurisdictions' laws regarding public access to
				  records. Nevertheless, the commission wishes to assure, to the maximum extent
				  practicable, the availability of commission records consistent with the
				  Susquehanna River Basin Compact. The commission shall maintain an access to
				  records policy that outlines the details and procedures related to public
				  access to the commission's records. Any revisions to this policy shall be
				  consistent with this section and undertaken in accordance with appropriate
				  public notice and comment consistent with requirements of
				  18 CFR
				  808.1(b).
(b)
Scope.
This section shall apply to all recorded information,
				  regardless of whether the information exists in written or electronic format.
				  There is a strong presumption that records shall be public, except where
				  considerations of privacy, confidentiality, and security must be considered and
				  require thoughtful balancing. The commission shall identify types of records
				  that are not subject to public access:
(1) personnel or employment records,
				excluding salary information;
(2)
				trade secrets, copyrighted material, or any other confidential business
				information;
(3) records exempted
				from disclosure by statute, regulation, court order, or recognized
				privilege;
(4) records reflecting
				internal pre-decisional deliberations, including deliberations between the
				commission and representatives of member jurisdictions;
(5) records reflecting employee medical
				information, evaluations, tests or other identifiable health
				information;
(6) records reflecting
				employee personal information, such as social security number, driver's license
				number, personal financial information, home addresses, home or personal
				cellular numbers, confidential personal information, spouse names, marital
				status or dependent information;
(7) investigatory or enforcement records that
				would interfere with active enforcement proceedings or individual due process
				rights, disclose the identity of public complainants or confidential sources or
				investigative techniques or endanger the life or safety of commission
				personnel; or
(8) records related
				to critical infrastructure, excluding financial records, emergency procedures,
				or facilities.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1806 - Review And Approval Of Projects › General Provisions › Section 1806.2 - Purposes

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The general
				  purposes of this Part are to advance the purposes of the compact and include,
				  but are not limited to:
(1) the promotion of
				  interstate comity;
(2) the
				  conservation, utilization, development, management and control of water
				  resources under comprehensive, multiple purpose planning; and
(3) the direction, supervision and
				  coordination of water resources efforts and programs of Federal, State and
				  local governments and of private enterprise.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1806 - Review And Approval Of Projects › General Provisions › Section 1806.5 - Projects that may require review and approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following projects, if not otherwise
				  requiring review and approval under section
				  1806.4 of this Part, and provided
				  that the project sponsor is notified in writing by the executive director, may
				  be subject to commission review and approval as determined by the commission or
				  the executive director:
(1) projects that may
				  affect interstate water quality;
(2) projects within a member state that have
				  the potential to affect waters within another member state. This includes, but
				  is not limited to, projects which have the potential to alter the physical,
				  biological, chemical or hydrological characteristics of water resources of
				  interstate streams designated by the commission under separate
				  resolution;
(3) projects that may
				  have a significant effect upon the comprehensive plan;
(4) projects not included in paragraphs (1)
				  through (3) of this subdivision, but which could have an adverse, adverse
				  cumulative, or interstate effect on the water resources of the basin.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1806 - Review And Approval Of Projects › General Provisions › Section 1806.6 - Transfer of approvals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				  existing commission approval may be transferred to a new project sponsor by the
				  executive director provided:
(1) The
				  application for transfer is submitted within 90 days of a transfer or change in
				  ownership of a project.
(2) The new
				  project sponsor operates the project subject to the same terms and conditions
				  of the existing approval pending approval of the transfer
				  application.
(3) Any noncompliance
				  by the existing project sponsor associated with the project or by the new
				  project sponsor associated with other projects is resolved to the commission's
				  satisfaction.
(4) If the existing
				  approval is greater than 10 years old, the transfer shall be conditioned to
				  require the submission of an updated metering and monitoring plan consistent
				  with the requirements of section
				  1806.30 of this Part.
(5) If the existing project has an unapproved
				  withdrawal, consumptive use and/or diversion listed in subdivision (b) of this
				  section, the transfer shall be conditioned to require the submission of a new
				  application for review and approval of the unapproved withdrawal, consumptive
				  use and/or diversion consistent with sections 1806.4 and
				  1806.14 of this Part.
(6) Any modifications proposed by the new
				  project sponsor shall be subject to a separate application and review process
				  under sections 1806.14 and
				  1806.18 of this Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1806 - Review And Approval Of Projects › General Provisions › Section 1806.7 - Concurrent project review by member jurisdictions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commission recognizes that agencies
				  of the member jurisdictions will exercise their review and approval authority
				  and evaluate many proposed projects in the basin. The commission will adopt
				  procedures to assure compatibility between jurisdictional review and commission
				  review.
(b) To avoid duplication of
				  work and to cooperate with other government agencies, the commission may
				  develop administrative agreements or other cooperative arrangements, in
				  accordance with the procedures outlined in this Part, with appropriate agencies
				  of the member jurisdictions regarding joint review of projects. These
				  agreements or arrangements may provide for joint efforts by staff, delegation
				  of authority by an agency or the commission, or any other matter to support
				  cooperative review activities. Permits issued by a member jurisdiction agency
				  shall be considered commission approved if issued pursuant to an administrative
				  agreement or other cooperative arrangement with the commission specifically
				  providing therefor.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1806 - Review And Approval Of Projects › General Provisions › Section 1806.8 - Waiver/modification

Current through Register Vol. 46, No. 28, July 10, 2024
The commission may, in its discretion, waive or modify any
					 of the requirements of this or any other part of its regulations if the
					 essential purposes set forth in section
					 1806.2 of this Part continue to be
					 served.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1806 - Review And Approval Of Projects › Application Procedure › Section 1806.10 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of sections
					 1806.11 -1806.16 of this Part is
					 to set forth procedures governing applications required by sections
					 1806.4,
					 1806.5,
					 1806.6 of this Part and 18 CFR
					 part 801.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1806 - Review And Approval Of Projects › Application Procedure › Section 1806.11 - Preliminary consultations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
				  project sponsor of a project that is or may be subject to the commission's
				  jurisdiction is encouraged, prior to making application for commission review,
				  to request a preliminary consultation with the commission staff for an informal
				  discussion of preliminary plans for the proposed project. To facilitate
				  preliminary consultations, it is suggested that the project sponsor provide a
				  general description of the proposed project, a map showing its location and, to
				  the extent available, data concerning dimensions of any proposed structures,
				  anticipated water needs, and the environmental impacts.
(b) Preliminary consultation is optional for
				  the project sponsor (except with respect to aquifer test plans, see section
				  1806.12 of this Part but shall not
				  relieve the sponsor from complying with the requirements of the compact or with
				  this Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1806 - Review And Approval Of Projects › Application Procedure › Section 1806.12 - Constant-rate aquifer testing

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Prior to submission of an application pursuant to section
				  1806.13 of this Part, a project
				  sponsor seeking approval to withdraw or increase a withdrawal of groundwater
				  shall perform a constant-rate aquifer test in accordance with this
				  section.
(b) The project sponsor
				  shall prepare a constant-rate aquifer test plan for prior review and approval
				  by commission staff before testing is undertaken. Such plan shall include a
				  groundwater availability analysis to determine the availability of water during
				  a 1-in-10-year recurrence interval.
(c) Unless otherwise specified, approval of a
				  test plan is valid for two years from the date of approval.
(d) Approval of a test plan shall not be
				  construed to limit the authority of the commission to require additional
				  testing or monitoring.
(e) The
				  project sponsor may be required, at its expense, to provide temporary water
				  supply if an aquifer test results in interference with an existing water
				  use.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1806 - Review And Approval Of Projects › Application Procedure › Section 1806.13 - Submission of application

Current through Register Vol. 46, No. 28, July 10, 2024
Sponsors of projects subject to review and approval of the
					 commission under section
					 1806.4, 1806.5 or
					 1806.6 of this Part, or project
					 sponsors seeking renewal of an existing approval of the commission, shall
					 submit an application and applicable fee to the commission, in accordance with
					 this Subpart.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1806 - Review And Approval Of Projects › Application Procedure › Section 1806.14 - Contents of application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except
				  with respect to applications to renew an existing commission approval,
				  applications shall include, but not be limited to, the following information
				  and, where applicable, shall be submitted on forms and in the manner prescribed
				  by the commission. Renewal applications shall include such information that the
				  commission determines to be necessary for the review of same, shall be subject
				  to the standards set forth in sections
				  1806.20 -1806.25 of this Part, and
				  shall likewise be submitted on forms and in the manner prescribed by the
				  commission:
(1) identification of project
				  sponsor including any and all proprietors, corporate officers or partners, the
				  mailing address of the same, and the name of the individual authorized to act
				  for the sponsor;
(2) description of
				  project and site in terms of:
(i) project
				  location, including global positioning system (gps) coordinates accurate to
				  within 10 meters;
(ii) project
				  purpose;
(iii) proposed quantity of
				  water to be withdrawn;
(iv)
				  proposed quantity of water to be consumed, if applicable;
(v) constant-rate aquifer tests. The project
				  sponsor shall provide the results of a constant-rate aquifer test with any
				  application which includes a request for a groundwater withdrawal. The project
				  sponsor shall obtain commission approval of the test procedures prior to
				  initiation of the constant-rate aquifer test;
(vi) water use and availability;
(vii) all water sources and the date of
				  initiation of each source;
(viii)
				  supporting studies, reports, and other information upon which assumptions and
				  assertions have been based;
(ix)
				  plans for avoiding or mitigating for consumptive use;
(x) copies of any correspondence with member
				  jurisdiction agencies;
(xi)
				  evidence of compliance with applicable water registration requirements of the
				  member jurisdiction in which the project is located;
(3) anticipated impact of the proposed
				  project on:
(i) surface water characteristics
				  (quality, quantity, flow regimen, other hydrologic characteristics);
(ii) threatened or endangered species and
				  their habitats;
(iii) existing
				  water withdrawals;
(4)
				  project estimated completion date and estimated construction
				  schedule.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1806 - Review And Approval Of Projects › Application Procedure › Section 1806.15 - Notice of application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
				  project sponsor submitting an application to the commission shall provide
				  notice thereof to the appropriate agency of the member state, each municipality
				  in which the project is located, and the county planning agency of each county
				  in which the project is located. The project sponsor shall also publish notice
				  of submission of the application at least once in a newspaper of general
				  circulation serving the area in which the project is located. The project
				  sponsor shall also meet any of the notice requirements set forth in
				  subdivisions (b) through (e) of this section, if applicable. All notices
				  required under this section shall be provided or published no later than 10
				  days after the submission of the application to the commission and shall
				  contain a description of the project, its purpose, the requested quantity of
				  water to be withdrawn obtained from for sources other than withdrawals or
				  consumptively used, and the address, electronic mail address, and phone number
				  of the project sponsor and the commission. All such notices shall be in a form
				  and manner as prescribed by the commission.
(b) For withdrawal applications submitted
				  pursuant to section
				  1806.4(a)(2) of
				  this Part, the project sponsor shall also provide the notice required under
				  subdivision (a) of this section to each property owner listed on the tax
				  assessment rolls of the county in which such property is located and identified
				  as follows:
(1) for groundwater withdrawal
				  applications, the owner of any property that is located within a one-half mile
				  radius of the proposed withdrawal location;
(2) for surface water withdrawal
				  applications, the owner of any property that is riparian or littoral to the
				  body of water from which the proposed withdrawal will be taken and is within a
				  one-half mile radius of the proposed withdrawal location.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1806 - Review And Approval Of Projects › Application Procedure › Section 1806.16 - Completeness of application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  commission's staff shall review the application, and if necessary, request the
				  project sponsor to provide any additional information that is deemed pertinent
				  for proper evaluation of the project.
(b) An application deemed administratively
				  incomplete will be returned to the project sponsor, who shall have 30 days to
				  cure the administrative deficiencies. An application deemed technically
				  deficient may be returned to the project sponsor, who shall have a period of
				  time prescribed by commission staff to cure the technical deficiencies. Failure
				  to cure either administrative or technical deficiencies within the prescribed
				  time may result in termination of the application process and forfeiture of any
				  fees submitted.
(c) The project
				  sponsor has a duty to provide information reasonably necessary for the
				  commission's review of the application. If the project sponsor fails to respond
				  to the commission's request for additional information, the commission may
				  terminate the application process, close the file and so notify the project
				  sponsor. The project sponsor may reapply without prejudice by submitting a new
				  application and fee.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1806 - Review And Approval Of Projects › Application Procedure › Section 1806.17 - General permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Coverage and purpose.
The commission may issue a general permit, in lieu of
					 issuing individual approvals, for a specifically described category of
					 diversions, water withdrawals and consumptive uses that:
(1) involve the same or substantially similar
				  types of operations or activities;
(2) require the same limitations or operating
				  conditions, or both;
(3) require
				  the same or similar monitoring and reporting; and
(4) will result in minimal adverse impacts
				  consistent with sections
				  1806.21 through
				  1806.24 of this Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1806 - Review And Approval Of Projects › Application Procedure › Section 1806.18 - Approval modifications

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General.
A project sponsor shall submit an application for
					 modification of a current approval prior to making a change in the design,
					 operational plans, or use as presented in the application upon which the
					 approval was originally issued, and that will affect the terms and conditions
					 of the current approval.
(b)
Applications for modification.
A project sponsor may apply for a modification of a current
					 approval by submitting an application for modification to the
					 commission.
(c)
Minor
				  modifications.
The following are minor modifications:
(1) correction of typographical
				  errors;
(2) changes to monitoring
				  or metering conditions;
(3)
				  addition of sources of water for consumptive use;
(4) changes to the authorized water
				  uses;
(5) changes to conditions
				  setting a schedule for developing, implementing, and/or reporting on
				  monitoring, data collection and analyses;
(6) changes to the design of
				  intakes;
(7) increases to total
				  system limits that were established based on the projected demand of the
				  project; and
(8) modifications of
				  extraction well network used for groundwater remediation systems.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1806 - Review And Approval Of Projects › Standards for Review and Approval › Section 1806.20 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of sections
					 1806.21 -1806.25 of this Part is
					 to set forth general standards that shall be used by the commission to evaluate
					 all projects subject to review and approval by the commission pursuant to
					 sections 1806.4, 1806.5 and
					 1806.6 of this Part, and to
					 establish special standards applicable to certain water withdrawals,
					 consumptive uses and diversions. Sections
					 1806.21 - 1806.25 of this Part
					 shall not be construed to limit the commission's authority and scope of review.
					 These standards are authorized under sections
					 3.4(2),
					 3.4(8),
					 3.4(9), and
					 3.10 of the compact and are based
					 upon, but not limited to, the goals, objectives, guidelines and criteria of the
					 comprehensive plan.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1806 - Review And Approval Of Projects › Standards for Review and Approval › Section 1806.21 - General standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  project shall not be detrimental to the proper conservation, development,
				  management, or control of the water resources of the basin.
(b) The commission may modify and approve as
				  modified, or may disapprove, a project if it determines that the project is not
				  in the best interest of the conservation, development, management, or control
				  of the basin's water resources, or is in conflict with the comprehensive
				  plan.
(c) Disapprovals--other
				  governmental jurisdictions.
(1) The commission
				  may suspend the review of any application under this Part if the project is
				  subject to the lawful jurisdiction of any member jurisdiction or any political
				  subdivision thereof, and such member jurisdiction or political subdivision has
				  disapproved or denied the project. Where such disapproval or denial is reversed
				  on appeal, the appeal is final, and the project sponsor provides the commission
				  with a certified copy of the decision, the commission shall resume its review
				  of the application. Where, however, an application has been suspended hereunder
				  for a period greater than three years, the commission may terminate its review.
				  Thereupon, the commission shall notify the project sponsor of such termination
				  and that the application fee paid by the project sponsor is forfeited. The
				  project sponsor may reactivate the terminated docket by reapplying to the
				  commission, providing evidence of its receipt of all necessary governmental
				  approvals and, at the discretion of the commission, submitting new or updated
				  information.
(2) The commission may
				  modify, suspend or revoke a previously granted approval if the project sponsor
				  fails to obtain or maintain the approval of a member jurisdiction or political
				  subdivision thereof having lawful jurisdiction over the project.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1806 - Review And Approval Of Projects › Standards for Review and Approval › Section 1806.22 - Standards for consumptive uses of water

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The project sponsors of all consumptive
				  water uses subject to review and approval under section
				  1806.4, 1806.5 or
				  1806.6 of this Part shall comply
				  with this section.
(b) Mitigation.
				  All project sponsors whose consumptive use of water is subject to review and
				  approval under section
				  1806.4, 1806.5 or
				  1806.6 of this Part shall mitigate
				  such consumptive use. Except to the extent that the project involves the
				  diversion of the waters out of the basin, public water supplies shall be exempt
				  from the requirements of this section regarding consumptive use; provided,
				  however, that nothing in this section shall be construed to exempt individual
				  consumptive users connected to any such public water supply from the
				  requirements of this section. Mitigation may be provided by one, or a
				  combination of the following:
(1) during low
				  flow periods as may be designated by the commission for consumptive use
				  mitigation;
(i) reduce withdrawal from the
				  approved source(s), in an amount equal to the project's total consumptive use,
				  and withdraw water from alternative surface water storage or aquifers or other
				  underground storage chambers or facilities approved by the commission, from
				  which water can be withdrawn for a period of 90 days without impact to surface
				  water flows;
(ii) release water for
				  flow augmentation, in an amount equal to the project's total consumptive use,
				  from surface water storage or aquifers, or other underground storage chambers
				  or facilities approved by the commission, from which water can be withdrawn for
				  a period of 90 days without impact to surface water flows;
(iii) discontinue the project's consumptive
				  use, except that reduction of project sponsor's consumptive use to less than
				  20,000 gpd during periods of low flow shall not constitute
				  discontinuance;
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1806 - Review And Approval Of Projects › Standards for Review and Approval › Section 1806.23 - Standards for water withdrawals

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  The project sponsors of all withdrawals subject to review and approval under
				  section 1806.4, 1806.5 or
				  1806.6 of this Part shall comply
				  with the following standards, in addition to those required pursuant to section
				  1806.21 of this Part.
(b) Limitations on withdrawals.
(1) The commission may limit withdrawals to
				  the amount (quantity and rate) of water that is needed to meet the reasonably
				  foreseeable needs of the project sponsor.
(2) The commission may deny an application,
				  limit or condition an approval to ensure that the withdrawal will not cause
				  significant adverse impacts to the water resources of the basin. The commission
				  may consider, without limitation, the following in its consideration of adverse
				  impacts: Lowering of groundwater or stream flow levels; rendering competing
				  supplies unreliable; affecting other water uses; causing water quality
				  degradation that may be injurious to any existing or potential water use;
				  affecting fish, wildlife or other living resources or their habitat; causing
				  permanent loss of aquifer storage capacity; or affecting low flow of perennial
				  or intermittent streams.
(3) The
				  commission may impose limitations or conditions to mitigate impacts, including
				  without limitation:
(i) limit the quantity,
				  timing or rate of withdrawal or level of drawdown;
(ii) require the project sponsor to provide,
				  at its own expense, an alternate water supply or other mitigating
				  measures;
(iii) require the project
				  sponsor to implement and properly maintain special monitoring
				  measures;
(iv) require the project
				  sponsor to implement and properly maintain stream flow protection
				  measures;
(v) require the project
				  sponsor to develop and implement an operations plan acceptable to the
				  commission.
(4) The
				  commission may require the project sponsor to undertake the following, to
				  ensure its ability to meet its present or reasonably foreseeable water needs
				  from available groundwater or surface water without limitation:
(i) investigate additional sources or storage
				  options to meet the demand of the project;
(ii) submit a water resource development plan
				  that shall include, without limitation, sufficient data to address any supply
				  deficiencies, identify alternative water supply options, and support existing
				  and proposed future withdrawals.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1806 - Review And Approval Of Projects › Standards for Review and Approval › Section 1806.24 - Standards for diversions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  project sponsors of all diversions subject to review and approval under section
				  1806.4, 1806.5 or
				  1806.6 of this Part shall comply
				  with the following standards.
(b)
				  For projects involving out-of-basin diversions, the following requirements
				  shall apply:
(1) Project sponsors shall:
(i) demonstrate that they have made good
				  faith efforts to develop and conserve sources of water within the importing
				  basin, and have considered other reasonable alternatives to the
				  diversion;
(ii) comply with the
				  general standards set forth in sections 1801.3,
				  1806.21, and
				  1806.22 of this Part, and the
				  applicable requirements of this Part relating to consumptive uses and
				  withdrawals.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1806 - Review And Approval Of Projects › Standards for Review and Approval › Section 1806.25 - Water conservation standards

Current through Register Vol. 46, No. 28, July 10, 2024
Any project sponsor whose project is subject to commission
					 approval under this Part proposing to withdraw water either directly or
					 indirectly (through another user) from groundwater or surface water sources, or
					 both, shall comply with the following requirements:
(a) Public water supply. As circumstances
				  warrant, a project sponsor of a public water supply shall:
(1) reduce distribution system losses to a
				  level not exceeding 20 percent of the gross withdrawal;
(2) install meters for all users;
(3) establish a program of water conservation
				  that will:
(i) require installation of water
				  conservation devices, as applicable, by all classes of users;
(ii) prepare and distribute literature to
				  customers describing available water conservation techniques;
(iii) implement a water pricing structure
				  which encourages conservation;
(iv)
				  encourage water reuse.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1806 - Review And Approval Of Projects › Terms and Conditions of Approval › Section 1806.30 - Monitoring

Current through Register Vol. 46, No. 28, July 10, 2024
The commission, as part of the project review, shall
					 evaluate the proposed methodology for monitoring consumptive uses, water
					 withdrawals and mitigating flows, including flow metering devices, stream
					 gages, and other facilities used to measure the withdrawals or consumptive use
					 of the project or the rate of stream flow. If the commission determines that
					 additional flow measuring, metering or monitoring devices are required, these
					 shall be provided at the expense of the project sponsor, installed in
					 accordance with a schedule set by the commission, be accurate to within five
					 percent, and shall be subject to inspection by the commission at any
					 time.
(a) Project sponsors of projects
				  that are approved under this Part shall:
(1)
				  measure and record on a daily basis, or such other frequency as may be approved
				  by the commission, the quantity of all withdrawals, using meters or other
				  methods approved by the commission;
(2) certify, at the time of installation and
				  no less frequently than once every five years, the accuracy of all measuring
				  devices and methods to within five percent of actual flow, unless specified
				  otherwise by the commission;
(3)
				  maintain metering or other approved methods so as to provide a continuous,
				  accurate record of the withdrawal or consumptive use;
(4) measure groundwater levels in all
				  approved production wells, as specified by the commission;
(5) measure groundwater levels at additional
				  monitoring locations, as specified by the commission;
(6) measure water levels in surface storage
				  facilities, as specified by the commission;
(7) measure stream flows, passby flows or
				  conservation releases, as specified by the commission, using methods and at
				  frequencies approved by the commission.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1806 - Review And Approval Of Projects › Terms and Conditions of Approval › Section 1806.31 - Term of approvals

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Approvals issued under this Part shall have a term equal to the term of any
				  accompanying member jurisdiction approval regulating the same subject matter,
				  but not longer than 15 years, unless an alternate period is provided for in the
				  commission approval. If there is no such accompanying member jurisdiction
				  approval, or if no term is specified in such accompanying member jurisdiction
				  approval, the term of a commission approval issued under this Part shall be no
				  longer than 15 years or the anticipated life of the project, whichever is less,
				  unless an alternate period is provided for in the commission
				  approval.
(b) Commission approval
				  of a project shall expire three years from the date of such approval if the
				  withdrawal, diversion or consumptive use has not been commenced, unless an
				  alternate period is provided for in the docket approval or such three-year
				  period is extended in writing by the commission upon written request from the
				  project sponsor submitted no later than 120 days prior to such expiration. The
				  commission may grant an extension, for a period not to exceed two years, only
				  upon a determination that the delay is due to circumstances beyond the project
				  sponsor's control and that there is a likelihood of project implementation
				  within a reasonable period of time. The commission may also attach conditions
				  to the granting of such extensions, including modification of any terms of
				  approval that the commission may deem appropriate.
(c) If a withdrawal, diversion or consumptive
				  use approved by the commission for a project is discontinued for a period of
				  five consecutive years, the approval shall be null and void, unless a waiver is
				  granted in writing by the commission, upon written request by the project
				  sponsor demonstrating due cause and with notification thereof to the member
				  jurisdiction in which the project is located, prior to the expiration of such
				  period.
(d) If the commission
				  determines that a project has been abandoned, by evidence of nonuse for a
				  period of time and under such circumstances that an abandonment may be
				  inferred, the commission may rescind the approval for such withdrawal,
				  diversion or consumptive use.
(e)
				  If a project sponsor submits an application to the commission no later than six
				  months prior to the expiration of its existing commission approval, the
				  existing approval will be deemed extended until such time as the commission
				  renders a decision on the application, unless the existing approval or a
				  notification in writing from the commission provide otherwise.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1806 - Review And Approval Of Projects › Terms and Conditions of Approval › Section 1806.32 - Reopening/modification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Once a project
				  is approved, the commission, upon its own motion, or upon petition of the
				  project sponsor or any interested party, may at any time reopen any project
				  approval and make additional orders or otherwise modify or impose such
				  additional conditions that may be necessary to mitigate or avoid adverse
				  impacts or to otherwise protect the public health, safety, and welfare or water
				  resources. Whenever a petition for reopening is filed by an interested party,
				  the burden shall be upon that interested party to show, by a preponderance of
				  the evidence, that a significant adverse impact or a threat to the public
				  health, safety and welfare or water resources exists that warrants reopening of
				  the docket. Notwithstanding the foregoing, any petition filed by a party who
				  previously sought the same or functionally equivalent relief identified in the
				  petition pursuant to the administrative appeals process under section
				  1808.2 of this Title will not be
				  eligible for consideration by the commission absent new facts not known or
				  readily discernable at the time of consideration of the petitioner's previous
				  request for administrative appeal filed pursuant to section
				  1808.2 of this Title.
(b) If the project sponsor fails to comply
				  with any term or condition of a commission approval, the commission may issue
				  an order suspending, modifying or revoking its approval of the project. The
				  commission may also, in its discretion, suspend, modify or revoke its approval
				  if the project sponsor fails to obtain or maintain other Federal, state or
				  local approvals.
(c) For any
				  previously approved project where interference occurs, the commission may
				  require a project sponsor to provide a temporary source of potable water at the
				  project sponsor's expense, pending a final determination of causation by the
				  commission.
(d) The commission,
				  upon its own motion, may at any time reopen any project approval and make
				  additional corrective modifications that may be necessary.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1806 - Review And Approval Of Projects › Terms and Conditions of Approval › Section 1806.33 - Interest on fees

Current through Register Vol. 46, No. 28, July 10, 2024
The executive director may establish interest to be paid on
					 all overdue or outstanding fees of any nature that are payable to the
					 commission.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1806 - Review And Approval Of Projects › Terms and Conditions of Approval › Section 1806.34 - Emergencies

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Emergency
				  certificates. The other requirements of these regulations notwithstanding, in
				  the event of an emergency requiring immediate action to protect the public
				  health, safety and welfare or to avoid substantial and irreparable injury to
				  any person, property, or water resources when circumstances do not permit a
				  review and determination in the regular course of the regulations in this Part,
				  the executive director, with the concurrence of the chairperson of the
				  commission and the commissioner from the affected member state, may issue an
				  emergency certificate authorizing a project sponsor to take such action as the
				  executive director may deem necessary and proper in the circumstances, pending
				  review and determination by the commission as otherwise required by this
				  Part.
(b) Notification and
				  application. A project sponsor shall notify the commission, prior to
				  commencement of the project, that an emergency certificate is needed. If
				  immediate action, as defined by this section, is required by a project sponsor
				  and prior notice to the commission is not possible, then the project sponsor
				  must contact the commission within one business day of the action. Notification
				  may be by certified mail, facsimile, telegram, mailgram, or other form of
				  written communication. This notification must be followed within one business
				  day by submission of the following:
(1) a
				  completed emergency application form or copy of the state or Federal emergency
				  water use application if the project sponsor also is requesting emergency
				  approval from either a state or Federal agency;
(2) as a minimum, the application shall
				  contain:
(i) contact information;
(ii) justification for emergency action
				  (purpose);
(iii) location map and
				  schematic of proposed project;
(iv)
				  desired term of emergency use;
(v)
				  source(s) of the water;
(vi)
				  quantity of water;
(vii) flow
				  measurement system (such as metering);
(viii) use restrictions in effect (or
				  planned);
(ix) description of
				  potential adverse impacts and mitigating measures;
(x) appropriate fee, unless reduced, waived
				  or delayed with the approval of the executive director.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1806 - Review And Approval Of Projects › Terms and Conditions of Approval › Section 1806.35 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
Project sponsors shall have an affirmative duty to pay such
					 fees as established by the commission to cover its costs of administering the
					 regulatory program established by this Part, including any extraordinary costs
					 associated with specific projects.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1806 - Review And Approval Of Projects › Registration of Grandfathered Projects › Section 1806.40 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This section
				  and sections
				  1806.41 -1806.45 applicable to the
				  following projects, which shall be known as grandfathered projects:
(1) the project has an associated average
				  consumptive use of 20,000 gpd or more in any consecutive 30-day period all or
				  part of which is a pre-compact consumptive use that has not been approved by
				  the commission pursuant to section
				  1806.4 of this Part;
(2) the project has an associated groundwater
				  withdrawal average of 100,000 gpd or more in any consecutive 30-day period all
				  or part of which was initiated prior to July 13, 1978, that has not been
				  approved by the commission pursuant to section
				  1806.4 of this Part;
(3) the project has an associated surface
				  water withdrawal average of 100,000 gpd or more in any consecutive 30-day
				  period all or part of which was initiated prior to November 11, 1995, that has
				  not been approved by the commission pursuant to section
				  1806.4 of this Part;
(4) the project (or an element of the
				  project) has been approved by the commission but has an associated consumptive
				  use or water withdrawal that has not been approved by the commission pursuant
				  to section
				  1806.4 of this Part;
(5) any project not included in paragraphs
				  (a)(2) through (4) of this section that has a total withdrawal average of
				  100,000 gpd or more in any consecutive 30-day average from any combination of
				  sources which was initiated prior to January 1, 2007, that has not been
				  approved by the commission pursuant to section
				  1806.4 of this Part;
(6) any source associated with a project
				  included in paragraphs (a)(2) through (5) of this section regardless of
				  quantity.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1806 - Review And Approval Of Projects › Registration of Grandfathered Projects › Section 1806.41 - Registration and eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Project
				  sponsors of grandfathered projects identified in section
				  1806.40 of this Part shall submit
				  a registration to the commission, on a form and in a manner prescribed by the
				  commission, by December 31, 2019.
(b) Any grandfathered project that fails to
				  register under subdivision (a) of this section shall be subject to review and
				  approval under section
				  1806.4 of this Part.
(c) Any project that is not eligible to
				  register under subdivision (a) of this section shall be subject to review and
				  approval under section
				  1806.4 of this Part.
(d) The commission may establish fees for
				  obtaining and maintaining registration in accordance with section
				  1806.35 of this Part.
(e) A registration under this section,
				  sections 1806.40 and
				  1806.42 -1806.45 of this Part may
				  be transferred pursuant to section
				  1806.6 of this Part.