reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 600 - Applications For Licenses And Preliminary Permits Under The Water Power Act › Applications for Licenses › Section 600.10 - Additional information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) They
					 may set forth such other information as the applicant considers material as
					 bearing upon the merits of his application.
(b) The commission may require applicants to
					 furnish such additional maps, plans, drawings or data as in its judgment are
					 necessary or desirable for a full understanding of the applicant's
					 project.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 600 - Applications For Licenses And Preliminary Permits Under The Water Power Act › Applications for Licenses › Section 600.11 - Deferred information

Current through Register Vol. 46, No. 28, July 10, 2024
In cases where an applicant for a license accompanies his
						application therefor with an application for a preliminary permit under section
						617 of the Conservation Law and it is made to appear that he is not possessed
						of sufficient data or information to enable him to comply with the foregoing
						subdivision (a), (b), (c) or (d) of section
						600.6, and that he
						desires a preliminary permit to enable him to secure and furnish to the
						commission the data required by said rules to be furnished, compliance by him
						with the requirements of the said rules will, in the event that a preliminary
						permit is granted by the commission, be deferred until the expiration of the
						term of the preliminary permit, unless otherwise directed by the
						commission.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 600 - Applications For Licenses And Preliminary Permits Under The Water Power Act › Applications for Preliminary Permits › Section 600.20 - Conditions

Current through Register Vol. 46, No. 28, July 10, 2024
An application for a preliminary permit will not be
						received except in connection with a formal application for a
						license.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 600 - Applications For Licenses And Preliminary Permits Under The Water Power Act › Applications for Preliminary Permits › Section 600.21 - Descriptive

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicants for
					 preliminary permits shall set forth, among other things, the following:
(1) a map of the project, so far as it has
					 been worked out, showing generally the lands and waters, for the use of which
					 the applicant desires a license, and as full and comprehensive a description of
					 the development which the applicant has in mind as the circumstances will
					 permit;
(2) what data pertaining to
					 the project the applicant proposes to secure, which renders the issuance of a
					 preliminary permit necessary or proper;
(3) what cities, villages or towns are
					 situated within 25 miles of the site of the project works;
(4) the period of time for which a permit is
					 desired;
(5) such other information
					 as the applicant considers material as bearing on the merits of his
					 application.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 600 - Applications For Licenses And Preliminary Permits Under The Water Power Act › Applications for Preliminary Permits › Section 600.23 - Rights reserved by commission

Current through Register Vol. 46, No. 28, July 10, 2024
The commission reserves the right to alter, amend,
						suspend or revoke any or all of the foregoing rules at any
						time.
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 601.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to regulate the use of the
					 water resources of the State pursuant to article 15, title 15 of the
					 Environmental Conservation Law by implementing a water withdrawal permitting,
					 registration and reporting program for water withdrawals equaling or exceeding
					 a threshold volume. This Part also implements New York's obligation under the
					 Great Lakes-St. Lawrence River Basin Water Resources Compact to create a
					 regulatory program for water withdrawals in the Great Lakes-St. Lawrence River
					 Basin pursuant to article 21, title 10 of the Environmental Conservation
					 Law.
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 601.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Agricultural
				  purpose means the practice of farming for crops, plants, vines and trees, and
				  the keeping, grazing, or feeding of livestock for sale of livestock or
				  livestock products, and the on-farm processing of crops, livestock and
				  livestock products.
(b)
				  Commissioner means the Commissioner of the New York State Department of
				  Environmental Conservation.
(c)
				  Compact basin commission means an interstate commission or similar body having
				  jurisdiction with respect to the regulation of water resources within its basin
				  in the State, created by interstate compact or Federal-interstate compact,
				  including but not limited to, the Susquehanna River Basin Commission and the
				  Delaware River Basin Commission.
(d) Department means the New York State
				  Department of Environmental Conservation.
(e) Department of Health means the New York
				  State Department of Health.
(f)
				  Environmental Conservation Law or ECL means the New York State Environmental
				  Conservation Law.
(g)
				  Environmentally sound and economically feasible water conservation measures
				  means those measures, methods, technologies or practices for efficient water
				  use and for reduction of water loss and waste or for reducing a withdrawal,
				  consumptive use or diversion that:
(1) are
				  environmentally sound;
(2) reflect
				  best practices applicable to the water use sector;
(3) are technically feasible and
				  available;
(4) are economically
				  feasible and cost effective based on an analysis that considers direct and
				  avoided economic and environmental costs; and
(5) consider the particular facilities and
				  processes involved, taking into account the environmental impact, age of
				  equipment and facilities involved, the processes employed, energy impacts and
				  other appropriate factors.
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 601.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part applies to any person who is engaged in, or
					 proposes to engage in, the construction, operation or maintenance of a water
					 withdrawal system that withdraws water of a volume equal to or greater than the
					 threshold volume; the taking, condemnation or acquisition of land for the
					 development or protection of sources of public water supply systems in excess
					 of the threshold volume; the extension of a water service area associated with
					 a water withdrawal system that withdraws water of a volume equal to or greater
					 than the threshold volume; and the interbasin diversion of water or wastewater.
					 This Part also applies to any person who proposes to transport or carry waters
					 of the state to any location outside the State as specified in ECL 15-1505(1),
					 or to transport or carry by vessel more than 10,000 gallons in any one day of
					 the waters of the State. All valid public water supply permits and approvals
					 issued by the department or its predecessors that are in effect as of February
					 15, 2012 shall remain in full force and effect according to their terms for the
					 purpose of satisfying the permit requirements of this Part for water
					 withdrawals from a source and in an amount authorized by such permit or
					 approval, except that the department may seek modification of such a permit in
					 accordance with this Part.
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 601.4 - Prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
The following withdrawals from the waters of the State are
					 prohibited, and no permit shall be issued authorizing any such
					 withdrawal:
(a) Any water withdrawal
				  that is not in compliance with the applicable requirements of the Great
				  Lakes-St. Lawrence River Basin water resources compact, as enacted in ECL
				  article 21, title 10, including any water withdrawal which will result in an
				  interbasin diversion prohibited by that compact and/or the provisions of
				  section
				  601.18 
				  of this Part;
(b) Any water
				  withdrawal that is not in compliance with the applicable provisions of a
				  compact basin commission water withdrawal approval;
(c) Any water withdrawal not in compliance
				  with all applicable laws including, without limitation, ECL article 15, title
				  15 and/or this Part.
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 601.5 - Annual reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
				  person who is subject to the permit requirements of section
				  601.6 or
				  601.7  of this
				  Part (whether or not any such person has yet been required to submit an
				  application for an initial permit pursuant to the provisions of section
				  601.7[b] 
				  of this Part), the agricultural registration requirements of section
				  601.17,
				  the interbasin diversion registration requirements of section
				  601.18;
				  hydropower facilities operating under a valid Federal Energy Regulating
				  Commission license; Susquehanna River Basin Commission-approved water
				  withdrawals or Delaware River Basin Commission-approved water withdrawals; and
				  persons who are not otherwise exempt, must submit an annual water withdrawal
				  report to the department under this section. Such annual report shall be
				  submitted to the department by March 31 every year. The annual report shall be
				  submitted on a form available from the department, based on the water
				  withdrawals for the previous calendar year, and shall include all information
				  requested by the department including but not be limited to the following:
(1) the water source, the location of the
				  water source and the source capacity if known;
(2) the amount of water withdrawn for the
				  reporting period, including the average and peak withdrawals, for monthly or
				  other intervals specified by the department;
(3) a description of the use of the water
				  withdrawn;
(4) the estimated
				  amounts of water returned, if any, the locations of such returns, and the
				  method of such returns;
(5) the
				  actual or estimated average monthly and annual volumes and rates of water lost
				  or consumptively used from the withdrawal; and
(6) the water conservation and efficiency
				  measures undertaken during the reporting period.
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 601.6 - Water withdrawal permit

Current through Register Vol. 46, No. 28, July 10, 2024
Except to the extent that it is otherwise explicitly stated
					 in this Part, no person may take any of the following actions without having
					 first obtained a water withdrawal permit:
(a) take, condemn or acquire lands for a
				  source or for the protection of such source of public water supply equal to or
				  greater than the threshold volume;
(b) commence or undertake the construction of
				  any water withdrawal system, including any of its facilities or works, with a
				  capacity equal to or greater than the threshold volume;
(c) operate or maintain any water withdrawal
				  system with a capacity equal to or greater than the threshold volume;
(d) extend supply or distribution mains of a
				  public water supply system into any new water service area or extension thereof
				  such that the water withdrawal system remains or becomes one with a capacity
				  equal to or greater than the threshold volume;
(e) make a non-incidental change in the
				  permitted use(s) of a water withdrawal system with a capacity equal to or
				  greater than the threshold volume;
(f) for a public water supply system with a
				  capacity equal to or greater than the threshold volume, to enter into a final
				  contract or other agreement for the bulk sale of 10,000 gallons per day or more
				  of water for a commercial, industrial, or oil or gas well development purpose
				  outside of the public water supply system's approved water service
				  area;
(g) take, condemn or acquire
				  an existing water withdrawal system with a capacity equal to or greater than
				  the threshold volume;
(h) place
				  into service any additional or replacement wells in connection with an existing
				  water withdrawal system such that the water withdrawal system remains or
				  becomes one with a capacity equal to or greater than the threshold
				  volume;
(i) increase the amount of
				  water withdrawal, whether by changing the pumping specifications, enlargement
				  of the conduits, increased reservoir storage, or by any other means, such that
				  the water withdrawal system becomes one with a capacity equal to or greater
				  than the threshold volume, or further exceeds the threshold volume than it did
				  previously;
(j) transport or carry
				  water in any amount from any fresh surface waters of this State or from any
				  ground waters of this State to any location outside the State through pipes,
				  conduits, ditches or canals; or
(k)
				  transport or carry by vessel, more than ten thousand gallons in any one day of
				  the waters of any surface water in this State.
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 601.7 - Initial permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This
				  section applies to any person who operated a water withdrawal system with a
				  capacity equal to or greater than the threshold volume as of February 15, 2012;
				  reported their withdrawals to the department pursuant to ECL article 15, title
				  16 or title 33 on or before February 15, 2012; is not operating a public water
				  supply; and is not exempt from the permit requirements pursuant to section
				  601.9  of this
				  Part.
(b) Persons to whom this
				  section applies under subdivision (a) of this section shall apply for an
				  initial permit.
(1) Applications for initial
				  permits shall be submitted on forms available from the department.
(2) A complete application for an initial
				  permit shall be submitted by and in accordance with the following schedule:
				  June 1, 2013 for water withdrawal systems that withdraw or are designed to
				  withdraw a volume of 100 million gallons per day (mgd) or more; February 15,
				  2014 for water withdrawal systems that withdraw or are designed to withdraw a
				  volume equal to or greater than 10 mgd but less than 100 mgd; February 15, 2015
				  for water withdrawal systems that withdraw or are designed to withdraw a volume
				  equal to or greater than 2 mgd but less than 10 mgd; February 15, 2016 for
				  water withdrawal systems that withdraw or are designed to withdraw a volume
				  equal to or greater than 0.5 mgd but less than 2 mgd; February 15, 2017 for
				  water withdrawal systems that withdraw or are designed to withdraw a volume
				  equal to or greater than 0.1 but less than 0.5 mgd.
(3) Notwithstanding the schedule set forth in
				  paragraph (2) of this subdivision, for a withdrawal that is specifically
				  regulated as of February 15, 2012 under a SPDES permit or a permit issued under
				  ECL article 15 (other than title 15), an initial permit application must be
				  submitted either by June 1, 2013 or 180 days before the existing permit is
				  scheduled to expire absent renewal, whichever occurs later. An initial permit
				  application submitted under this paragraph (3) must specify in the cover
				  correspondence and on the face of the application that it is being submitted in
				  accordance with the 180-day deadline concerning one or more of the
				  above-specified existing permits.
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 601.8 - Consolidation of existing public water supply permits

Current through Register Vol. 46, No. 28, July 10, 2024
The department may consolidate and combine two or more of
					 the water supply permits of a public water supply system existing as of
					 February 15, 2012 into one comprehensive water withdrawal permit that
					 encompasses the provisions, terms and conditions of the existing permits and
					 renders such provisions, terms and conditions consistent with each other. The
					 department may require submission of a permit application under this Part in
					 connection with such a consolidation if the department determines that such
					 consolidation is necessary to protect the environment and the public health,
					 safety and welfare and to ensure the proper management of the waters of the
					 State.
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 601.11 - Action on permit applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department may grant or deny a
				  permit, or grant a permit with conditions.
(b) All water withdrawal permits shall be
				  valid for a fixed term not to exceed 10 years.
(c) In making its decision to grant or deny a
				  permit or to grant a permit with conditions, the department shall determine
				  whether:
(1) the proposed water withdrawal
				  takes proper consideration of other sources of water supply that are or may
				  become available;
(2) the quantity
				  of supply will be adequate for the proposed use;
(3) the proposed 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;
(4) the need for all or part of the proposed
				  water withdrawal cannot reasonably be avoided through the efficient use and
				  conservation of existing water supplies;
(5) the proposed water withdrawal is limited
				  to quantities that are considered reasonable for the purposes for which the
				  water use is proposed;
(6) 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,
				  including aquatic life; this determination may include an evaluation of whether
				  all withdrawn water that is not lost to reasonable consumptive use will be
				  returned to its source New York major drainage basin;
(7) the proposed water withdrawal will be
				  implemented in a manner that incorporates environmentally sound and
				  economically feasible water conservation measures; and
(8) 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.
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 601.13 - Approval of plans by the department of health

Current through Register Vol. 46, No. 28, July 10, 2024
Contract plans and specifications, or changes thereto, for
					 a public water supply system for which a permit has been issued by the
					 department are subject to review and approval by the Department of Health prior
					 to the commencement of construction.
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 601.14 - Approval of completed works

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  The construction of any works pursuant to a water withdrawal permit granted
				  under this Part shall be under the general supervision of a person licensed to
				  practice engineering in this state (professional engineer). Upon completion of
				  construction and pre-operational testing, such works may not commence final
				  operation until the professional engineer first certifies in writing to the
				  department that the works have been constructed in accordance with the issued
				  permit.
(b) For public water supply
				  systems, the water withdrawal permittee shall submit to the department a copy
				  of the approval of completed works issued by the Department of Health before
				  the commencement of final operation of the water withdrawal system.
(c) The department, in its discretion, may
				  allow the operation of portion of a project prior to the completion of the
				  entire project so long as the relevant portion of the project has obtained the
				  approvals required in subdivisions (a) and (b).
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 601.15 - Modification of water withdrawal permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Water withdrawal permits may be modified
				  in accordance with Part 621 of this Title.
(b) In addition to the grounds set forth in
				  Part 621 of this Title, the department may modify a water withdrawal permit on
				  any of the following grounds:
(1)
				  satisfaction of the terms of a special permit condition or requirement has not
				  achieved expressed objectives of the special permit condition or
				  requirement;
(2) when required to
				  satisfy a condition or conditions of a permit;
(3) to adjust permit limitations, where
				  necessary to prevent over-allocation or use of a water source or to protect the
				  environment and the health, safety and welfare of the public;
(4) to correct technical mistakes, such as
				  typographical errors and errors in calculation, or to correct mistaken
				  interpretations of law made in determining permit conditions, or to make
				  changes to monitoring requirements or make other minor technical
				  adjustments;
(5) to implement a
				  legal requirement from applicable law or regulation; or
(6) to comply with the requirements of the
				  Great Lakes-St. Lawrence River Basin water resources compact, as enacted in ECL
				  article 21, title 10, or the requirements of any other compact basin
				  commission.
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 601.16 - Denial, suspension or revocation of permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department may deny an application
				  for a water withdrawal permit if the department determines that:
(1) the water withdrawal will result in
				  contravention of water quality standards or guidance values;
(2) the water withdrawal will exceed or cause
				  to be exceeded the safe yield or sustainable supply of the water
				  source;
(3) the water withdrawal
				  will cause a new or increased interbasin diversion that results in a
				  significant adverse impact on the water quantity of the source New York major
				  drainage basin;
(4) the permittee
				  or applicant has been convicted of a crime related to the permitted activity
				  under any Federal or State law;
(5)
				  the permittee or applicant has been determined in an administrative, civil or
				  criminal proceeding to have violated any provision of the ECL, any related
				  order or determination of the commissioner, any regulation of the department,
				  any condition or term of any permit issued by the department, or any similar
				  statute, regulation, order or permit condition of the Federal or other State
				  government, or agency, on one or more occasions and in the opinion of the
				  department, the violation that was the basis for the action posed a significant
				  potential threat to the environment or human health, or is part of a pattern of
				  non-compliance; or
(6) the water
				  withdrawal has not been approved by the applicable compact basin
				  commission.
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 601.17 - Registration of water withdrawals for agricultural purposes

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This section applies to any person who:
(1) engaged in the operation of a water
				  withdrawal system for agricultural purposes on February 15, 2012, where the
				  cumulative withdrawal for a single parcel or proximate parcels is equal to or
				  in excess of an average of 100,000 gallons per day in any 30-day consecutive
				  period (three million gallons during a 30-day period); and
(2) prior to February 15, 2012, registered or
				  reported annual water usage pursuant to the requirements of title 16 or title
				  33 of ECL article 15.
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 601.18 - Registration of interbasin diversions; prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person shall cause an interbasin
				  diversion, or increase the volume of an interbasin diversion, which results in
				  a diversion of water or wastewater in excess of 1,000,000 gallons per day, as
				  determined by the limiting maximum capacity of the treatment or conveyance
				  system, or construct facilities or equipment therefore, unless the diversion or
				  increased diversion is duly registered with the department.
(b) Registration is not required for
				  interbasin diversions that are operating pursuant to a water withdrawal permit,
				  or a DRBC or SRBC approval.
(c)
				  Pursuant to ECL article 15, title 15 subsection 2, all interbasin diversions in
				  excess of 1,000,000 gallons per day that existed on February 15, 2012, and that
				  were required to be registered, shall have been registered no later than
				  February 15, 2013.
(d) Renewals of
				  interbasin diversion registrations shall be submitted annually by March 31st
				  and within 60 days of transfer of ownership of the facilities which create an
				  interbasin diversion.
(e) In order
				  to be deemed complete, the interbasin diversion registration or renewal shall
				  include:
(1) The information requested on
				  forms made available by the department.
(2) General map. Maps shall be USGS
				  topographic maps, or the equivalent, and must indicate the location of the
				  withdrawal, the diversion and the discharge or return flow. The map shall
				  include the line of divide between New York major drainage basins, and the
				  locations of all inter-connecting pipelines, canals, streams or
				  tunnels.
(3) Engineer's report.
				  Engineer's report from the professional engineer, licensed by the State, who
				  made the recommendations and/or designed the proposed interbasin diversion. The
				  report shall contain the following minimum information:
(i) a general description and the engineering
				  features of the existing or proposed interbasin diversion;
(ii) a listing of all related departmental
				  permit applications or permits;
(iii) a description of the amounts of water
				  or wastewater diverted on a daily, monthly and annual basis; and
(iv) an evaluation of the impacts of the
				  diversion on the quantity of water in the New York major drainage basin that is
				  the source of the diversion and from which waters are diverted.
(4) Annual water withdrawal
				  reporting form completed for the previous calendar year pursuant to section
				  601.5  of this
				  Part.
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 601.19 - Monitoring requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
				  water use authorized by a water withdrawal permit shall be subject to such
				  requirements for monitoring the intake, waters of the state or other source as
				  may be required by the department to determine compliance with permit
				  limitations and water quality standards that are or may be affected by the
				  water withdrawal. These requirements include the installation, use, and
				  maintenance of monitoring equipment or methods, and if imposed shall be
				  included as provisions of the water withdrawal permit.
(b) All water withdrawal sources shall be
				  equipped with totalizing flow meters, which shall be properly calibrated within
				  the year prior to permit application and at least once every five years
				  thereafter. If the water withdrawal is used solely for the purpose of fire
				  protection or if the department determines that the installation of a
				  totalizing flow meter is impractical or unnecessary, the permittee may estimate
				  water withdrawal quantities using an accurate method approved by the
				  department.
(c) The water
				  withdrawal rate for any water use authorized by a water withdrawal permit shall
				  be monitored by the permittee.
(d)
				  Each parameter required to be monitored pursuant to this subpart shall be
				  monitored at intervals to be determined by the department as sufficiently
				  frequent to yield data that characterizes the nature of the monitored flow or
				  water levels. Variable water withdrawal rates may require monitoring at more
				  frequent intervals than relatively constant withdrawal rates.
(e) For any public water supply system
				  subject to this Part and constructed or placed in operation after April 1,
				  2013, water meters shall be installed for all service connections. For public
				  water supply systems operating prior to April 1, 2013, water meters may be
				  required to be installed where the department determines it is necessary to
				  protect the environment, public health, safety and welfare and to ensure the
				  proper management of the waters of the State.
(f) Any groundwater well installed after
				  April 1, 2013 shall be equipped with apparatus for measuring and recording
				  water levels and the apparatus shall be properly calibrated at least once every
				  five years thereafter. Any surface water impoundment installed after April 1,
				  2013 shall be equipped with apparatus to measure water levels and corresponding
				  storage volumes.
(g) For any water
				  withdrawal system, the permittee shall monitor, and maintain in good order all
				  records pertaining to, the permittee's performance in implementing water
				  conservation and efficient use goals and objectives.
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 601.20 - Routine monitoring, recording, and reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General.
(1) The permittee shall comply with all
				  monitoring, recording and reporting requirements specified in the
				  permit.
(2) The permittee shall
				  periodically calibrate and perform maintenance procedures to ensure accuracy of
				  measurements. Verification of maintenance shall be recorded and available at
				  the facility. The permittee shall repair and record, within 30 days of
				  discovery unless otherwise specified in a water withdrawal permit, any required
				  instrumentation that becomes inoperable, and include a description of the
				  malfunction and repair in the permittee's annual report. In addition, the
				  permittee shall verify the accuracy of its measuring equipment to the
				  department upon request.
(3) No
				  person shall falsify, tamper with, or knowingly render inaccurate any
				  monitoring device or method required to be maintained under the
				  permit.
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 601.21 - Inspection and entry

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  permittee shall allow authorized representatives of the department, upon the
				  presentation of credentials and other documents as may be required by law, to:
(1) enter upon the permittee's premises where
				  a regulated facility or activity is located or conducted, or where records must
				  be kept under the conditions of a water withdrawal permit;
(2) have access to and copy, at reasonable
				  times, any records that must be kept under the conditions of the permit,
				  including records required to be maintained for purposes of operation and
				  maintenance;
(3) inspect at
				  reasonable times any facilities, equipment (including monitoring and control
				  equipment), practices, or operations regulated or required under the permit;
				  and
(4) sample or monitor at
				  reasonable times, for the purposes of assuring permit compliance or as
				  otherwise authorized by the ECL, any parameters at any location.
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 601.22 - Signature of forms

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as
				  provided below in subdivision (b) of this section, all water withdrawal permit
				  applications, registrations and reports required under this Part shall be
				  signed as follows:
(1) For a corporation. By
				  a responsible corporate officer. For the purpose of this subpart, a responsible
				  corporate officer means:
(i) a president,
				  secretary, treasurer, or vice-president of the corporation in charge of a
				  principal business function, or any other person who performs similar policy
				  making or decision making functions for the corporation; or
(ii) the manager of one or more
				  manufacturing, production, or operating facilities, provided, the manager is
				  authorized to make management decisions which govern the operation of the
				  regulated facility including having the explicit or implicit duty of making
				  major capital investment recommendations, and initiating and directing other
				  comprehensive measures to assure long term environmental compliance with
				  environmental laws and regulations; the manager can ensure that the necessary
				  systems are established or actions taken to gather complete and accurate
				  information for permit application requirements; and where authority to sign
				  documents has been assigned or delegated to the manager in accordance with
				  corporate procedures.
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 601.23 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof to
					 any person or circumstance is held invalid by a court of competent
					 jurisdiction, such judgment shall not affect or impair the validity of the
					 other provisions of this Part or the application thereof to other persons and
					 circumstances.
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 601.24 - References

Current through Register Vol. 46, No. 28, July 10, 2024
The New York major drainage basins in section
					 601.2(j) 
					 of this Part were derived from an update of the United States Geological
					 Survey's (USGS's) Hydrologic Unit Codes (HUCs). The updated HUCs were prepared
					 by United States Department of Interior-USGS, the United States Department of
					 Agriculture-Natural Resources Conservation Service (NRCS), and the United
					 States Environmental Protection Agency. The resulting Watershed Boundary
					 Dataset (WBD) has been made available from the NRCS Data Gateway by free
					 download (as of November 2012 at the following web address:
					 http://datagateway.nrcs.usda.gov/). The department downloaded the WBD from the
					 NRCS Data Gateway on June 17, 2011 and utilized the data to prepare a map
					 displaying the New York State major drainage basins and their respective HUCs.
					 The department's map, entitled 'NYS Major Drainage Basins" and dated October
					 2012, is available from and published by the New York State Department of
					 Environmental Conservation, 625 Broadway, Albany, NY 12233 and is on file at
					 the New York State Department of Environmental Conservation Central Office and
					 all regional offices and sub-offices. It is also available on the department's
					 website (as of November 2012 at the following web address:
					 http://www.dec.ny.gov/lands/56800.html).
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 602 - Applications For Long Island Wells › Section 602.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person or
				  public corporation who installs or operates any well in the County of Kings,
				  Queens, Nassau or Suffolk to withdraw water for any purpose, other than for a
				  public water supply, must have a permit pursuant to this Part when the total
				  capacity of such well or wells on any one property is in excess of 45 gallons
				  per minute (or 64,800 gallons per day). This includes temporary or permanent
				  dewatering wells.
(b) Well
				  capacity, except for free-flowing wells, is defined as the capacity of the
				  pumps installed, not the actual contemplated draft.
(c) Permits to install or operate wells to
				  withdraw water for public water supply purposes are issued pursuant to Part 601
				  of this Title.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 602 - Applications For Long Island Wells › Section 602.2 - Exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
No permit is required for the use of water for agricultural
					 purposes, or the installation of a fire well to which no pumping equipment is
					 permanently attached when such well is installed by a municipal corporation,
					 fire district or duly organized fire company or department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 602 - Applications For Long Island Wells › Section 602.3 - Application for a permit to install a well

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A permit application shall be on forms
				  supplied by the department. The application shall be submitted to Regional
				  Permit Administrator, Region 1, New York State Department of Environmental
				  Conservation, State University of New York at Stony Brook, Building 40, Stony
				  Brook, NY 11790.
(b) The
				  application shall be signed as follows:
(1)
				  corporations--by a duly qualified officer of at least the level of
				  vice-president;
(2)
				  partnerships--by a partner; or
(3)
				  individuals or sole proprietors--by the individual or sole proprietor,
				  respectively.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 602 - Applications For Long Island Wells › Section 602.4 - Action on permit applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  department may grant or deny a permit, or grant a permit with conditions or
				  restrictions. At its discretion, the department may issue limited or revocable
				  permits.
(b) The permit issued
				  pursuant to this section authorizes only the installation of the proposed well
				  or wells. The permittee must obtain the department's approval of the completed
				  project pursuant to section
				  602.5 
				  of this Part before placing the well or wells into operation.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 602 - Applications For Long Island Wells › Section 602.5 - Approval of completed works

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Before any well or wells installed pursuant to a permit granted under this Part
				  may be operated, the completed works must be inspected and a formal approval
				  issued by the department.
(b) The
				  permittee must submit to the department a written request for such approval,
				  accompanied by the results of an analysis of the water obtained from the
				  completed well or wells.
(c) If,
				  after inspection, the department finds that the terms and conditions of the
				  applicable permit have been complied with, it may issue a formal approval of
				  completed works authorizing the permittee to operate the well or wells
				  installed.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 602 - Applications For Long Island Wells › Section 602.6 - Procedures

Current through Register Vol. 46, No. 28, July 10, 2024
Article 70 of the Environmental Conservation Law, and the
					 rules and regulations promulgated thereunder, shall govern permit applications,
					 renewals, modifications, suspensions and revocations under this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 603 - Applications For Fixation Of Water Rates › Section 603.1 - Applicability of other rules

Current through Register Vol. 46, No. 28, July 10, 2024
Rules and regulations governing water supply applications
					 (see Parts 601 and 602 of this Title) shall apply insofar as they are
					 suitable.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 603 - Applications For Fixation Of Water Rates › Section 603.2 - Jurisdiction

Current through Register Vol. 46, No. 28, July 10, 2024
The commission may be appealed to to fix rates and charges
					 for water only after the proper authorities of the two municipalities or other
					 civil divisions of the State have failed to agree as to such rates and charges.
					 The fact of the failure of such negotiations must be set up in the
					 petition.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 603 - Applications For Fixation Of Water Rates › Section 603.3 - Application must be authorized

Current through Register Vol. 46, No. 28, July 10, 2024
Application to this commission must be duly authorized by
					 appropriate action of the governing body of applicant, or if in the case of a
					 city such action is deemed unnecessary, the authority for making the
					 application and of the official signing the same must be
					 shown.