New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 601 - Water Withdrawal Permiting, Reporting And Registration (exclusive Of Long Island Wells Regulated Under Part 602 Of This Title) › Section 601.12 - General provisions of a water withdrawal permit

Current through Register Vol. 46, No. 28, July 10, 2024
The following provisions apply to water withdrawal permits
					 including public water supply permits issued prior to April 1, 2013:
(a) The water withdrawal system shall not
				  supply or be committed to supply water beyond the amounts approved by the
				  department.
(b) The permittee
				  shall, at all times, properly operate and maintain all facilities which are
				  installed or used by the permittee to achieve compliance with the conditions of
				  the permit.
(c) The permittee shall
				  ensure that the intake structure for any surface water withdrawal is designed
				  and maintained to sustain any passby flow requirement established in the
				  permit.
(d) The water withdrawal
				  permit, or a true copy, shall be kept readily available for reference at the
				  facility.
(e) Upon issuance of a
				  water withdrawal permit, a determination has been made on the basis of a
				  submitted application, plans, or other available information, that compliance
				  with the specified permit provisions will protect classified water use and
				  assure compliance with applicable water quality standards. Satisfaction of
				  permit provisions notwithstanding, if operation pursuant to the permit causes
				  or contributes to a condition in contravention of State water quality standards
				  or guidance values, or if the department determines that a modification of the
				  permit is necessary to prevent impairment of the best use of the waters or to
				  assure maintenance of water quality standards, the department may require such
				  a modification and the commissioner may require abatement action to be taken by
				  the permittee and may also prohibit such operation until the permit has been
				  modified pursuant to section
				  601.15 
				  of this Part.
(f) The provisions of
				  a water withdrawal permit are severable, and if any provision of the permit, or
				  the application of any provision of the permit to any circumstance, is held
				  invalid, the application of such provision to other circumstances, and the
				  remainder of the permit, shall not be affected thereby.
(g) For a withdrawal that originates within
				  the jurisdiction of a compact basin commission, the withdrawal must also comply
				  with any applicable water withdrawal standards or requirements of that compact
				  basin commission.
(h) The permittee
				  must comply with all terms and conditions of the permit. Any permit
				  noncompliance constitutes a violation of the ECL and this Part and is grounds
				  for: enforcement action; permit suspension, revocation or modification; and
				  denial of a permit renewal application.
(i) Where the permittee becomes aware that it
				  failed to submit any relevant facts in a permit application, or submitted
				  incorrect information in a permit application or in any report to the
				  department, the permittee shall promptly submit such facts or corrected
				  information to the department.
(j)
				  It shall not be a defense, for a permittee in an enforcement action, that it
				  would have been necessary to halt or reduce the permitted activity in order to
				  maintain compliance with the conditions of the permit.
(k) The filing of a request by the permittee
				  for a permit modification, termination, transfer, or a notification of planned
				  changes or anticipated noncompliance, does not stay any permit
				  condition.
(l) The permittee shall
				  furnish to the department, within a reasonable time as set forth in the
				  department request, any information that the department may request to
				  determine whether cause exists for modifying, suspending, or revoking a water
				  withdrawal permit, or to determine compliance with the permit. The permittee
				  shall also furnish to the department, upon request, copies of records required
				  to be kept by the permittee.
(m)
				  Nothing in a water withdrawal permit relieves the permittee from a requirement
				  to obtain any other permits required by law.
(n) The issuance of a water withdrawal permit
				  by the department and the receipt thereof by the permittee does not supersede,
				  revoke or rescind an order on consent or modification thereof or any of the
				  terms, conditions or requirements contained in such order or modification
				  thereof unless specifically intended by said order or a modified
				  order.
(o) The issuance of a water
				  withdrawal permit does not convey any property rights in either real or
				  personal property, or any exclusive privileges, nor does it authorize any
				  injury to private property or any invasion of personal rights, nor any
				  infringement of Federal, State or local laws or regulations; nor does it
				  obviate the necessity of obtaining the assent of any other jurisdiction as
				  required by law for the water withdrawal authorized.