reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter C - Flood Plain Regulations › Part 874 - Enforcement › Section 874.2 - Prior nonconforming structures

Current through Register Vol. 46, No. 28, July 10, 2024
A structure which was lawful before the adoption of this
					 Part, but which is not in conformity with the provisions of this Part, shall be
					 subject to the following conditions (to be enforced by the appropriate
					 authority as to class I and class II projects, respectively, under Part 871 of
					 this Title:
(a) A nonconforming
				  structure in the floodway may not be expanded, except that it may be modified,
				  altered or repaired to incorporate flood-proofing measures, provided such
				  measures do not raise the level of the 100-year flood.
(b) A nonconforming structure in the floodway
				  which is destroyed or damaged by any means, including a flood, to the extent of
				  50 percent or more of its market value at that time, may not be restored,
				  repaired, reconstructed or improved except in conformity with the provisions of
				  this Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter D - Water Supply Charges › Part 880 - Definitions › Section 880.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Subchapter, except as otherwise
					 required by the context:
(a) Person
				  means any person, corporation, partnership, association, trust, or other
				  entity, public or private.
(b)
				  Water user means any person who uses, takes, withdraws or diverts surface
				  waters within the Delaware River Basin.
(c) Executive director means the executive
				  director of the Delaware River Basin Commission.
(d) Consumptive use means the water lost due
				  to transpiration from vegetation in the building of plant tissue, incorporated
				  into products during their manufacture, lost to the atmosphere from cooling
				  devices, evaporated from water surfaces, exported from the Delaware River
				  Basin, or any other water use for which the water withdrawn is not returned to
				  the surface waters on the basin undiminished in quantity.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter D - Water Supply Charges › Part 881 - Water Supply › Section 881.1 - Water supply policy

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of Resolution No. 71-4 (comprehensive plan)
					 relating to water supply charges, are incorporated herein and made a part
					 hereof.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter D - Water Supply Charges › Part 881 - Water Supply › Section 881.2 - Prohibition; sanctions

Current through Register Vol. 46, No. 28, July 10, 2024
Any person, firm, corporation or other entity, including a
					 public corporation, body or agency, who shall use, withdraw or divert surface
					 waters of the basin, shall pay such charges therefor as may be required by this
					 Subchapter. Any violation of this Subchapter shall be subject to penalty as
					 prescribed under article 14.17 of the Compact. The commission may also recover
					 the value (according to the established water pricing schedules of the
					 commission) of any such use, withdrawal, or diversion, and invoke the
					 jurisdiction of the courts to enjoin any further use, withdrawal or diversion
					 unless all charges under this Subchapter are paid in full when
					 due.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter D - Water Supply Charges › Part 881 - Water Supply › Section 881.3 - Exempt uses under the Compact

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Section 15.1(b) of the Delaware River Basin Compact provides that "no provision
				  of section
				  3.7 of the Compact shall be deemed
				  to authorize the commission to impose any charge for water withdrawals or
				  diversions from the basin if such withdrawals or diversions could lawfully have
				  been made without charge on the effective date of the Compact; . . . " In
				  compliance with this provision: There shall be no charge for water withdrawn or
				  diverted in quantities not exceeding the legal entitlement of the user,
				  determined as of October 27, 1961. Each water user may submit proof
				  satisfactory to the commission of the factors constituting legal entitlement,
				  as defined in subdivision (b) of this section. In the absence of such proof of
				  these conditions as of October 27, 1961, the quantity of water exempt from
				  charge to each user will be the legal entitlement of the user determined as of
				  March 31, 1971.
(b) For the
				  purposes of subdivision (a) of this section:
(1) Legal entitlement means the quantity or
				  volume of water expressed in million gallons per month determined by the lesser
				  of the following conditions:
(i) a valid and
				  subsisting permit, issued under the authority of one of the signatory parties,
				  if such permit was required as of October 27, 1961, or thereafter;
(ii) physical capability as required for such
				  taking; or
(iii) the total
				  allocable flow without augmentation by the commission, using a seven-day,
				  10-year, low-flow criterion measured at the point of withdrawal or
				  diversion.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter D - Water Supply Charges › Part 881 - Water Supply › Section 881.4 - Effective date of rates

Current through Register Vol. 46, No. 28, July 10, 2024
Rates and charges shall apply to all water users not exempt
					 hereunder on and after the date of the first impoundment of water for water
					 supply purposes at the Beltzville Reservoir (February 8, 1971) or the effective
					 date hereof, whichever is later.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter D - Water Supply Charges › Part 882 - Water Usage › Section 882.2 - Measurement and billing of water taken

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The quantity and volume of water used by
				  each person shall be determined by meters, or other methods approved by the
				  commission, installed, maintained and read by or on behalf of the taker. Meters
				  or other methods of measurement shall be subject to approval and inspection by
				  the commission as to installation, maintenance and reading.
(b) Each user of surface water who is not
				  exceeding the quantity specified in his "certificate of entitlement" shall
				  annually, on or before January 31st, file with the commission, on a form to be
				  prescribed by the executive director, a report of the user's physical
				  capability as defined, permit limitations, and the volume of water used during
				  the preceding year.
(c) Each user
				  of surface water who is taking a quantity of water greater than the amount
				  specified in his "certificate of entitlement" shall report his usage to the
				  commission on or before April 30th, July 31st, October 31st and January 31st of
				  each year covering the next preceding calendar quarter, respectively, on forms
				  to be prescribed by the executive director. The amount due for water usage in
				  excess of the legal entitlement for each of the first three quarters of a
				  calendar year shall be computed and paid by the user, together with the
				  report.
(d) The commission will
				  render a statement of the net amount due based on the fourth quarter report,
				  including a negative or positive adjustment, so that the net total billing and
				  payment for four quarters will equal the total water used during the four
				  quarters less the user's legal entitlement, if any.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter D - Water Supply Charges › Part 882 - Water Usage › Section 882.3 - Payment of bills

Current through Register Vol. 46, No. 28, July 10, 2024
The amount due for each quarter shall bear interest at the
					 rate of one percent per month for each day it is unpaid beginning 30 days after
					 the due date of the quarterly report for the first three quarters and 30 days
					 after the bill is rendered for the fourth quarter.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter D - Water Supply Charges › Part 883 - Water Charges › Section 883.1 - Schedule of water charges

Current through Register Vol. 46, No. 28, July 10, 2024
The commission will from time to time, after public notice
					 and hearing, make, amend and revise a schedule of water charges. Until changed,
					 the charge for water shall be as follows:
(a) six cents per thousand gallons for
				  consumptive use; and
(b) six tenths
				  of a mill per thousand gallons for nonconsumptive use.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter D - Water Supply Charges › Part 883 - Water Charges › Section 883.2 - Contracts; minimum charge

Current through Register Vol. 46, No. 28, July 10, 2024
Subject to the exclusions for certificates of entitlement
					 and exempt uses, the executive director may require contracts for any taking,
					 use, withdrawal or diversion of waters of the basin. Each contract shall
					 provide for a minimum annual payment in accordance with an estimated annual
					 demand schedule, regardless of use, withdrawal or diversion. The failure of any
					 person to execute a contract under this section shall not affect the
					 application of other requirements of this Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter D - Water Supply Charges › Part 883 - Water Charges › Section 883.3 - Exempt use

Current through Register Vol. 46, No. 28, July 10, 2024
The following uses shall be exempt from charge:
(a) nonconsumptive uses of less than 1,000
				  gallons during any day, and less than 100,000 gallons during any
				  quarter;
(b) ballast water used for
				  shipping purposes;
(c) water taken,
				  withdrawn or diverted from streams tributary to the river master's gauging
				  station at Montague; and
(d) water
				  taken, withdrawn or diverted below RM 38 (the mouth of the Cohansey River) and
				  such proportion of waters taken, diverted or withdrawn above RM 38 and below RM
				  92.4 (the mouth of the Schuylkill River) as the executive director may
				  determine, on the basis of hydrologic studies, would have no discernible effect
				  upon the maintenance of the salt front below the mouth of the Schuylkill
				  River.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter D - Water Supply Charges › Part 883 - Water Charges › Section 883.4 - Cooling water

Current through Register Vol. 46, No. 28, July 10, 2024
Water used exclusively for cooling purposes which is
					 returned to the stream in compliance with the effluent requirements of
					 applicable water quality standards, shall be charged at the nonconsumptive use
					 rate, except that losses due to instream evaporation caused by cooling uses
					 will be charged as consumptive use.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter D - Water Supply Charges › Part 883 - Water Charges › Section 883.5 - Historical use

Current through Register Vol. 46, No. 28, July 10, 2024
A person who or which could not for any reason use, take,
					 withdraw or divert waters of the basin from the place in question on March 31,
					 1971, shall not be entitled to a certificate of entitlement.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter D - Water Supply Charges › Part 884 - Hydroelectric Water Charges › Section 884.1 - Hydroelectric power plant water use charges

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Annual base charges. Owners of
				  conventional run-of-river hydroelectric power plants that benefit from water
				  storage facilities owned or partially owned by the commission shall pay an
				  annual base charge to the commission. The amount of the base annual charge
				  shall be $1 per kilowatt of installed capacity.
(b) Annual variable charges. In addition to
				  the base charge established in subdivision (a) of this section, annual charges
				  based on power generated at each facility will be assessed as follows:
(1) Owners of hydroelectric power plants that
				  benefit from increased hydraulic head available to the hydroelectric project as
				  a result of investments by the commission shall be charged one mill per
				  kilowatt-hour of energy produced.
(2) Owners of hydroelectric power plants that
				  derive additional benefits from increased flows available to the hydroelectric
				  project that would not have been available without the commission-sponsored
				  project shall be charged one-half mill per kilowatt-hour of energy produced. No
				  charges for increased flows will be required when charges for increased
				  hydraulic head are in effect.
(3)
				  Charges for the use of any facilities such as pipe conduits, outlet works, and
				  so on, installed in, on or near a commission-sponsored project that benefit the
				  hydroelectric project in any way will be determined on a case-by-case basis as
				  approved by the commission.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter E - Water Code › Part 890 - Conservation, Development And Utilization Of Delaware River Basin Water Resources › Conservation › Section 890.1 - Reduce water use

Current through Register Vol. 46, No. 28, July 10, 2024
The commission will undertake a long-range continuing
						program to reduce water use throughout the basin for the purposes of:
(a) reducing the likelihood of severe low
					 stream flows that can adversely affect fish and wildlife resources and
					 recreational enjoyment;
(b)
					 assisting in the maintenance of good water quality by provision of minimum
					 dilution flows and repulsion of salinity; and
(c) deferring the need for construction of
					 new storage reservoirs and other water supply structures.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter E - Water Code › Part 890 - Conservation, Development And Utilization Of Delaware River Basin Water Resources › Conservation › Section 890.2 - New and existing users

Current through Register Vol. 46, No. 28, July 10, 2024
It shall be the policy of the commission to:
(a) Require maximum feasible efficiency in
					 the use of water by new industrial, municipal and agricultural users throughout
					 the basin.
(b) Require eventual
					 application of those water-conserving practices or technologies that can
					 feasibly be employed by existing water users.
(c) Owners of water supply systems serving
					 the public (purveyors) seeking approval under section
					 3.8 of the compact for a new or an
					 expanded water withdrawal shall include as part of the application, a water
					 conservation plan. The plan shall describe the various programs adopted by the
					 purveyor to achieve maximum feasible efficiency in the use of water.
(1) The water conservation plan shall, at a
					 minimum, describe the implementation of the following programs as required by
					 the commission:
(i) Source metering
					 (Resolution No. 86-12);
(ii)
					 Service metering (Resolution No. 87-7 Revised);
(iii) Leak detection and repair (Resolution
					 No. 87-6 Revised); and
(iv) Water
					 conservation performance standards for plumbing fixtures and fittings
					 (Resolution No. 88-2 Revision No. 2).
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter E - Water Code › Part 890 - Conservation, Development And Utilization Of Delaware River Basin Water Resources › Conservation › Section 890.3 - Planning

Current through Register Vol. 46, No. 28, July 10, 2024
The commission will undertake research and planning
						programs needed to give effect to this policy; adopt regulations affecting
						water use, including the application of economic incentives; and provide for
						the integration of measures to reduce water demand with planning for provision
						of new water supplies.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter E - Water Code › Part 890 - Conservation, Development And Utilization Of Delaware River Basin Water Resources › Conservation › Section 890.4 - Depletive use reduction during drought

Current through Register Vol. 46, No. 28, July 10, 2024
It shall be the policy of the commission that
						conservation measures in the basin designed for implementation during drought
						periods shall be based upon the objective of reducing overall depletive use of
						fresh water by 15 percent.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter E - Water Code › Part 890 - Conservation, Development And Utilization Of Delaware River Basin Water Resources › Conservation › Section 890.5 - Water conservation performance standards for plumbing fixtures and fittings

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) All water conservation performance
					 standards for plumbing fixtures and fittings adopted by any signatory state or
					 political subdivision within the Delaware River Basin shall comply with the
					 following minimum standards:
(i) for sink and
					 lavatory faucets, maximum flow shall not exceed three gallons of water per
					 minute when tested in accordance with American National Standards Institute
					 (ANSI) A112.18.1M;
(ii) for shower
					 heads, maximum flow shall not exceed three gallons of water per minute when
					 tested in accordance with ANSI A112.18.1M;
(iii) for water closets and associated
					 flushing mechanism, maximum volume shall not exceed an average of one and
					 six-tenths gallons per flushing cycle when tested in accordance with the
					 hydraulic performance requirements of ANSI A112.19.2M and ANSI A112.19.6M;
					 and
(iv) for urinals and associated
					 flushing mechanism, maximum flow shall not exceed one and one-half gallons of
					 water per flush when tested in accordance with the hydraulic performance
					 requirements of ANSI A112.19.2M and ANSI A112.19.6M.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter E - Water Code › Part 890 - Conservation, Development And Utilization Of Delaware River Basin Water Resources › Conservation › Section 890.6 - Leak detection and repair

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) Owners of water supply systems serving
					 the public (purveyors) in the Delaware River Basin that distribute water
					 supplies in excess of an average of 100,000 gallons per day (gpd) during any
					 30-day period shall develop and undertake a systematic program to monitor and
					 control leakage within their water supply system. Such a program shall at a
					 minimum include: periodic surveys to monitor leakage, enumerate non-revenue
					 water (or in instances where AWWA methodology as set forth in section
					 890.8 of this Part has not yet
					 been adopted, enumerate unaccounted-for water), and determine the current
					 status of system infrastructure; recommendations to monitor and control
					 leakage; and a schedule for the implementation of such recommendations. Each
					 purveyor's program shall be subject to review and approval by the designated
					 agency in the state where the system is located.
(2)
Non-revenue water
is
					 defined by AWWA as the sum of unbilled authorized consumption, apparent losses
					 and real losses.
Non-revenue water percent
is defined as
					 non-revenue water divided by the amount of water entering the distribution
					 system times 100 percent.
(3)
Unaccounted-for water
is defined as the amount of water
					 entering the distribution system minus the amount of water delivered through
					 service meters.
Unaccounted-for water percent
is defined as
					 unaccounted-for water divided by the amount of water entering the distribution
					 system times 100 percent.
(4) The
					 designated State agencies are: Delaware Department of Natural Resources and
					 Environmental Control; New Jersey Department of Environmental Protection; New
					 York Department of Health; and Pennsylvania Department of Environmental
					 Protection.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter E - Water Code › Part 890 - Conservation, Development And Utilization Of Delaware River Basin Water Resources › Conservation › Section 890.7 - Retail water pricing to encourage conservation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Policy. It shall be the policy of the
					 Delaware River Basin Commission to promote and support retail water pricing
					 that encourages conservation.
(b)
					 Definitions.
(1) A water conserving pricing
					 structure is an important demand management tool that provides incentives to
					 consumers to reduce average or peak water use, or both. Conservation pricing
					 reflects the fact that water is a precious resource that should be used in an
					 economically efficient manner. Such pricing includes:
(i) rates designed to recover the full cost
					 of providing service, including a reasonable rate of return on investment;
					 and
(ii) timely billing based on
					 metered usage.
Such pricing is also characterized by one or more of the
						following components:
(iii)
					 rates in which the unit price of water per class of customer (residential,
					 industrial, etc.) is constant within each class regardless of the quantity of
					 water used (uniform rates) or increases as the quantity of water used increases
					 (increasing block rates);
(iv)
					 seasonal rates or excess-use surcharges to reduce peak water demands during
					 summer months; or
(v) rates based
					 on the long-run marginal cost or the cost of adding the next unit of water
					 supply to the system.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter E - Water Code › Part 890 - Conservation, Development And Utilization Of Delaware River Basin Water Resources › Conservation › Section 890.7-a - Water auditing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Policy
					 statement. It shall be the policy of the commission to establish a standardized
					 water audit methodology for owners of water supply systems serving the public
					 to ensure accountability in the management of water resources.
(b) Voluntary water audit. Through December
					 31, 2011, owners of water supply systems serving the public with sources or
					 service areas located in the Delaware River Basin are encouraged to implement
					 an annual calendar year water audit program conforming to the IWA/AWWA Water
					 Audit Methodology (AWWA Water Loss Control Committee (WLCC) Water Audit
					 Software) and corresponding AWWA guidance.
(c) Mandatory water audit. Effective January
					 1, 2012, the owners of each water supply system serving the public with sources
					 or service areas located in the Delaware River Basin shall implement an annual
					 calendar year water audit program conforming to IWA/AWWA Water Audit
					 Methodology (AWWA Water Loss Control Committee (WLCC) Water Audit Software) and
					 corresponding AWWA guidance.
(d)
					 Mandatory reporting. Effective January 1, 2013, non-revenue water reported
					 under section
					 890.52(b)(1)(ii)(b)
					 of this Part shall be computed in accordance with IWA/AWWA Water Audit
					 Methodology (AWWA Water Loss Control Committee (WLCC) Water Audit Software) and
					 corresponding AWWA guidance.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter E - Water Code › Part 890 - Conservation, Development And Utilization Of Delaware River Basin Water Resources › Allocation of Water Resources › Section 890.8 - Priorities of water use during drought emergencies

Current through Register Vol. 46, No. 28, July 10, 2024
During drought emergencies, the commission, in allocating
						the available water supply in the basin and its service area, will give first
						priority to those uses which sustain human life, health and safety, and second
						priority to water needed to sustain livestock. Thereafter, based on the
						doctrine of equitable apportionment, the remaining water will be allocated
						among producers of goods and services, food and fibers, and environmental
						quality in a manner designed to sustain the general welfare of the basin and
						its employment at the highest practical level.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter E - Water Code › Part 890 - Conservation, Development And Utilization Of Delaware River Basin Water Resources › Allocation of Water Resources › Section 890.10 - Drought emergency actions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Criteria defining conditions. For purposes of water management pursuant to
					 section 3.3 and article 10 of the compact,
					 the determination of drought warning and drought conditions shall be based upon
					 the combined storage in the Cannonsville, Pepacton and Neversink Reservoirs, in
					 accordance with Figure 1, entitled "Operation Curves for Cannonsville, Pepacton
					 and Neversink Reservoirs". The division of the drought-warming zone into upper
					 and lower halves shall be defined as a physically equal division, or 20
					 billions of gallons in each zone.
(b) Drought emergency declaration. It is the
					 policy of the commission that a drought emergency will be declared for purposes
					 of imposing mandatory in-basin conservation measures and other appropriate
					 actions whenever combined storage in the New York City Delaware Basin
					 reservoirs falls into the drought zone as defined in Figure 1 (section
					 890.9 of this Part) for five
					 consecutive days. Termination of a drought emergency will be considered by the
					 commission whenever combined storage in the New York City Delaware Basin
					 reservoirs reaches a level 40 billion gallons above the drought warning line as
					 defined in Figure 1 and remains above that line for 30 consecutive days. The
					 drought emergency will be terminated by the commission whenever the combined
					 storage in the New York City Delaware Basin reservoirs reaches 40 billion
					 gallons above the drought warning line defined in Figure 1 and remains above
					 that line for 60 consecutive days, unless the commission unanimously agrees to
					 extend the emergency.
(c) Effect of
					 policy. This policy is not intended to extend, impair, or conflict with the
					 commission's authority under the compact to declare or terminate a drought
					 emergency or water-shortage emergency in the basin, or subregion thereof, in
					 other instances as conditions may require.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter E - Water Code › Part 890 - Conservation, Development And Utilization Of Delaware River Basin Water Resources › Surface Waters › Section 890.15 - Commission role in Federal water-supply projects

Current through Register Vol. 46, No. 28, July 10, 2024
The commission, acting for and on behalf of the signatory
						parties, will acquire the right to use and to control water supply facilities
						associated with Federal projects authorized in the Comprehensive
						Plan.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter E - Water Code › Part 890 - Conservation, Development And Utilization Of Delaware River Basin Water Resources › Surface Waters › Section 890.16 - Project construction scheduling

Current through Register Vol. 46, No. 28, July 10, 2024
The commission will consider new projects economically
						justified for construction scheduling by the commission when:
(a) The unit cost of additional water supply
					 at a new location is not more than the unit cost of additional development of
					 water supply at established facilities in the same service area.
(b) The annual benefits from all project
					 purposes equal or exceed their total annual cost.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter E - Water Code › Part 890 - Conservation, Development And Utilization Of Delaware River Basin Water Resources › Surface Waters › Section 890.17 - Commission repayment obligations

Current through Register Vol. 46, No. 28, July 10, 2024
Subject to appropriate authorization by the signatory
						parties, the commission will assume the obligation to repay the non-federal
						share of the Federal investment cost of such water-supply facilities, and will
						meet future annual repayment obligations out of revenues provided from sale of
						water or other products and services, or from an apportionment of costs
						throughout the capital section of the commission's annual budgets to the states
						in which benefits of the project occur. The commission will make the
						appropriate reductions in the share of the cost of water to states as revenues
						are received from direct sale of water or other products and services, and from
						various fees.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter E - Water Code › Part 890 - Conservation, Development And Utilization Of Delaware River Basin Water Resources › Surface Waters › Section 890.18 - Cost apportionment to states

Current through Register Vol. 46, No. 28, July 10, 2024
The commission will determine the states within which the
						general benefits of such water-supply facilities will accrue. It will apportion
						to such states their fair share of the non-federal cost of such facilities in
						proportion to the use thereof.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter E - Water Code › Part 890 - Conservation, Development And Utilization Of Delaware River Basin Water Resources › Surface Waters › Section 890.19 - Payment for use of surface water

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Contracts. The commission will require contracts, which may be negotiated at
					 any time, for the use, withdrawal, or diversion of any surface water of the
					 basin taken after the effective date of the rates and charges required by these
					 regulations. Each of such contracts shall include:
(1) An undertaking by the contracting party
					 to pay for water used, withdrawn, or diverted, in accordance with the rates and
					 charges established by the commission pursuant to these regulations.
(2) Provision for a minimum annual payment
					 under the contract, in accordance with an estimated annual demand schedule,
					 regardless of use, withdrawal, or diversion.
(3) Such other and different terms and
					 conditions with respect to the availability of the supply, its quantity and
					 quality, its management and control, and the powers and duties and obligations
					 of the parties, as may be negotiated.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter E - Water Code › Part 890 - Conservation, Development And Utilization Of Delaware River Basin Water Resources › Underground Waters › Section 890.25 - Equitable apportionment

Current through Register Vol. 46, No. 28, July 10, 2024
Underground waters of the basin shall be subject to the
						doctrine of equitable apportionment as provided by section
						3.3 of this
						compact.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter E - Water Code › Part 890 - Conservation, Development And Utilization Of Delaware River Basin Water Resources › Underground Waters › Section 890.26 - Preservation

Current through Register Vol. 46, No. 28, July 10, 2024
The underground water-bearing formations of the basin,
						their waters, storage capacity, recharge areas, and ability to convey water
						shall be preserved and protected.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter E - Water Code › Part 890 - Conservation, Development And Utilization Of Delaware River Basin Water Resources › Underground Waters › Section 890.27 - Safeguard public interest

Current through Register Vol. 46, No. 28, July 10, 2024
Projects that withdraw underground waters shall be
						planned and operated in such manner as will reasonably safeguard the present
						and future public interest in the affected water resources.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter E - Water Code › Part 890 - Conservation, Development And Utilization Of Delaware River Basin Water Resources › Underground Waters › Section 890.28 - Withdrawal limits

Current through Register Vol. 46, No. 28, July 10, 2024
Except as may be otherwise determined by the commission
						to be in the public interest, withdrawals from the underground waters of the
						basin shall be limited to the maximum draft of all withdrawals from a ground
						water basin, aquifer, or aquifer system that can be sustained without rendering
						supplies unreliable, causing long-term progressive lowering of ground water
						levels, water quality degradation, permanent loss of storage capacity, or
						substantial impact on low flows of perennial streams. In confined coastal plain
						aquifers, the commission shall consider and apply aquifer management levels, if
						any, established by a signatory state in determining compliance with criteria
						relating to "long-term progressive lowering of ground water
						levels."
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter E - Water Code › Part 890 - Conservation, Development And Utilization Of Delaware River Basin Water Resources › Underground Waters › Section 890.29 - Protection of recharge areas

Current through Register Vol. 46, No. 28, July 10, 2024
The principal natural recharge areas through which the
						underground waters of the basin are replenished shall be protected from
						unreasonable interference with their recharge function. No underground waters,
						or surface waters which are or may be the sources of replenishment thereof,
						shall be polluted in violation of water quality standards duly promulgated by
						the commission or any of the signatory parties.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter E - Water Code › Part 890 - Conservation, Development And Utilization Of Delaware River Basin Water Resources › Underground Waters › Section 890.30 - Activities subject to review

Current through Register Vol. 46, No. 28, July 10, 2024
The underground water resources of the basin shall be
						used, conserved, developed, managed, and controlled in view of the needs of
						present and future generations, and in view of the resources available to them.
						To that end, interference, impairment, penetration, or artificial recharge
						shall be subject to review and evaluation under the compact.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter E - Water Code › Part 890 - Conservation, Development And Utilization Of Delaware River Basin Water Resources › Underground Waters › Section 890.31 - Basinwide well registration standards and criteria

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Policy.
(1) All owners of individual wells or groups
					 of wells operated as a system that withdraw an average of 10,000 gallons per
					 day (gpd) or more during any 30-day period from the underground waters of the
					 basin shall register their wells with the designated agency of the state where
					 the well is located.
(2)
					 Registrations may be filed by agents of owners, including well
					 drillers.
(3) Owners of existing
					 wells that withdraw 10,000 gpd or more in any 30-day period that have not been
					 previously registered with the respective designated state agencies pursuant to
					 state law or the Southeastern Pennsylvania Ground Water Protected Area
					 Regulations shall register their wells with the designated state agency by
					 March 1, 1986. In lieu of this provision, alternative arrangements for
					 registration of previously unregistered existing wells may be approved by the
					 executive director pursuant to section 890.33 of this Part.
(4) Any well that is replaced or redrilled,
					 or modified in a manner such as to increase the withdrawal capacity of the
					 well, shall be reregistered with the designated state agency.
(5) The following are the designated
					 registration agencies for the respective states: Delaware Department of Natural
					 Resources and Environmental Control; New Jersey Department of Environmental
					 Protection and Energy; New York State Department of Environmental Conservation;
					 and Pennsylvania Department of Environmental Resources.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter E - Water Code › Part 890 - Conservation, Development And Utilization Of Delaware River Basin Water Resources › Importations and Exportations of Water › Section 890.35 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
An importation of water is water conveyed or transferred
						into the Delaware River Basin from a source outside the drainage area of the
						Delaware River and its tributaries, including the Delaware Bay. The water is
						then used, depleted, or discharged within the Delaware River Basin. Conversely,
						an exportation of water is water taken from within the Delaware River Basin and
						transferred or conveyed to an area outside the drainage area of the Delaware
						River and its tributaries, including the Delaware Bay, and not returned to the
						Delaware River Basin.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter E - Water Code › Part 890 - Conservation, Development And Utilization Of Delaware River Basin Water Resources › Importations and Exportations of Water › Section 890.36 - Policy of protection and preservation

Current through Register Vol. 46, No. 28, July 10, 2024
The waters of the Delaware River Basin are limited in
						quantity and the Basin is frequently subject to drought warnings and drought
						declarations due to limited water supply storage and streamflow during dry
						periods. Therefore, it shall be the policy of the commission to discourage the
						exportation of water form the Delaware River Basin. However, the basin waters
						have limited assimilative capacity and limited capacity to accept conservative
						substances without significant impacts. Accordingly, it also shall be the
						policy of the commission to discourage the importation of wastewater into the
						Delaware River Basin that would significantly reduce the assimilative capacity
						of the receiving stream on the basis that the ability of Delaware River Basin
						streams to accept wastewater discharges should be reserved for users within the
						basin.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter E - Water Code › Part 890 - Conservation, Development And Utilization Of Delaware River Basin Water Resources › Importations and Exportations of Water › Section 890.37 - Safeguard public interest

Current through Register Vol. 46, No. 28, July 10, 2024
Review and consideration of any public or private project
						involving the importation or exportation of water shall be conducted pursuant
						to this policy and shall include assessments of the water resource and economic
						impacts of the project and of all alternatives to any water exportation or
						wastewater importation project.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter E - Water Code › Part 890 - Conservation, Development And Utilization Of Delaware River Basin Water Resources › Importations and Exportations of Water › Section 890.38 - Commission jurisdiction and considerations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commission shall exercise its
					 jurisdiction over exportations and importations of water as specified in the
					 Administrative Manual - Rules of Practice and Procedure.
(b) All projects involving a transfer of
					 water into or out of the Delaware River Basin must be submitted to the
					 commission for review and determination under section
					 3.8 of the compact, and inclusion
					 within the Comprehensive Plan.
(c)
					 The applicant shall address those of the items listed below as directed by the
					 Executive Director, and the commission will consider (on a case-by-case basis),
					 the following items in addition to issues that may relate specifically to that
					 project:
(1) Efforts to first develop or use
					 and conserve the resources outside of the Delaware River Basin.
(2) Water resource impacts of each
					 alternative available including the "no project" alternative.
(3) Economic and social impacts of the
					 importation or exportation and each of the available alternatives including the
					 "no project" alternative.
(4)
					 Amount, timing and duration of the proposed transfer and its relationship to
					 passing flow requirements and other hydrologic conditions in the basin, and
					 impact on instream uses and downstream waste assimilation capacity.
(5) Benefits that may accrue to the Delaware
					 River Basin as a result of the proposed transfer.
(6) Volume of the transfer and its
					 relationship to other specified actions or resolutions by the
					 commission.
(7) Volume of the
					 transfer and the relationship of that quantity to all other
					 diversions.
(8) Any other
					 significant benefit or impairment which might be incurred to the Delaware River
					 Basin as a result of the proposed transfer.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter E - Water Code › Part 890 - Conservation, Development And Utilization Of Delaware River Basin Water Resources › Importations and Exportations of Water › Section 890.39 - Water charges

Current through Register Vol. 46, No. 28, July 10, 2024
All water transferred from the Delaware River Basin will
						be subject to the consumptive water charges in effect at the time of transfer
						and in accordance with Resolution No. 74-6, as amended. In addition, the
						project sponsor of each and every new exportation shall enter into a contract
						with the commission for the purchase of basin waters.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter E - Water Code › Part 890 - Conservation, Development And Utilization Of Delaware River Basin Water Resources › Importations and Exportations of Water › Section 890.40 - Wastewater treatment requirements

Current through Register Vol. 46, No. 28, July 10, 2024
It is the policy of the commission to give no credit
						toward meeting wastewater treatment requirements for wastewater imported into
						the Delaware River Basin. Wasteload allocations assigned to dischargers shall
						not include loadings attributable to any importation of
						wastewater.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter E - Water Code › Part 890 - Conservation, Development And Utilization Of Delaware River Basin Water Resources › Importations and Exportations of Water › Section 890.41 - Existing allocations

Current through Register Vol. 46, No. 28, July 10, 2024
It is the policy of the commission to charge all water
						transferred from the basin against any special regional allocation or any
						depletive use allocation as may exist at the time of receipt of a completed
						application for transfer.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter E - Water Code › Part 890 - Conservation, Development And Utilization Of Delaware River Basin Water Resources › Importations and Exportations of Water › Section 890.42 - Conservation requirements

Current through Register Vol. 46, No. 28, July 10, 2024
It is the policy of the commission that all applications
						involving out-of-the basin transfers indicate the conservation measures which
						have been taken to forestall the need for a transfer of Delaware River Basin
						water.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter E - Water Code › Part 890 - Conservation, Development And Utilization Of Delaware River Basin Water Resources › Importations and Exportations of Water › Section 890.43 - Prior approvals

Current through Register Vol. 46, No. 28, July 10, 2024
All importations and exportations of water and wastewater
						approved by DRBC prior to the adoption of this policy and importations and
						exportations existing prior to enactment of the compact shall be exempt from
						its provisions. Nothing herein shall modify the rights and obligations of the
						parties to the U.S. Supreme Court Decree of 1954.