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 601.9 - Permit exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
The following actions with respect to a water withdrawal
					 system are exempt from the permit requirements of this Part:
(a) withdrawals for agricultural purposes
				  that have been registered or their annual water usage reported pursuant to the
				  requirements of ECL article 15, title 16 or title 33 as of February 15, 2012.
				  These withdrawals are subject to the annual reporting requirements of section
				  601.5  and the
				  registration requirements of section
				  601.17 
				  of this Part;
(b) withdrawals that
				  have received an approval from the Delaware River Basin Commission or
				  Susquehanna River Basin Commission. These withdrawals are subject to the annual
				  reporting requirements of section
				  601.5  and to the
				  registration requirements of sections
				  601.17
				  and
				  601.18 
				  of this Part, respectively, as applicable;
(c) withdrawals of hydropower facilities
				  operating under a valid Federal Energy Regulating Commission license;
(d) withdrawals from the New York State Canal
				  System, as defined by subdivision 1 of section 2  of the
				  Canal Law, that are used by the New York State Canal Corporation for purposes
				  authorized by law;
(e) closed loop,
				  standing column or similar non-extractive geothermal systems;
(f) Long Island wells permitted pursuant to
				  ECL section 15-1527 and Part 602 of this Title;
(g) on-site water withdrawal systems for
				  approved inactive hazardous waste remedial site programs conducted pursuant to
				  State or Federal court order or State or Federal government agency agreement or
				  order;
(h) withdrawals used for
				  fire suppression or other public emergency purposes;
(i) direct withdrawals from the Atlantic
				  Ocean or Long Island Sound;
(j) the
				  extension of supply or distributing mains or pipes within a previously-approved
				  water service area that remains within the amount authorized in a water supply
				  permit or water withdrawal permit for the purpose of supplying potable
				  water;
(k) the reconstruction of
				  facilities in an existing water withdrawal system when the capacity of such
				  system is in no way altered (reconstruction does not include constructing an
				  adjacent withdrawal structure);
(l)
				  the construction of filtration or other treatment facilities that will not in
				  any way alter the amount of water which can be made available from the present
				  source of supply;
(m) water
				  withdrawals to supply ballast water necessary for lawful and normal vessel
				  activity; or
(n) water withdrawal
				  directly related to routine maintenance and emergency repairs of
				  dams;
(o) temporary water
				  withdrawals for the purposes of construction, dewatering, hydrostatic testing,
				  or aquifer testing, where the volume withdrawn is less than an average of
				  100,000 gallons per day in any consecutive 30-day consecutive period (three
				  million gallons during a 30-day period).