N.Y. Comp. Codes R. & Regs. tit. 6 § 601.11

Current through Register Vol. 46, No. 51, December 18, 2024

Section 601.11 - Action on permit applications

(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water dependent natural resources, including aquatic life; this determination may include an evaluation of whether all withdrawn water that is not lost to reasonable consumptive use will be returned to its source New York major drainage basin;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.

(d) When a proposed water withdrawal for a public water supply also constitutes a diversion of water out of the Great Lakes-St. Lawrence River Basin that is subject to Great Lakes-St. Lawrence River Basin water resources compact, as enacted in ECL article 21, title 10, the department will determine whether all withdrawn water that is not lost to reasonable consumptive use will be returned to the Great Lakes-St. Lawrence River Basin.

(e) The department may require the submission of such additional information as is necessary to determine compliance with this Part after a permit application has been filed. If such an application is incomplete or otherwise deficient, the processing of the application shall not be completed until such time as the applicant has supplied the missing information or otherwise corrected the deficiency. If the department determines that site visits by representatives of the department would be useful in evaluating the application, such site visits shall be considered a necessary part of the application.

(f) Article 70 of the ECL and the rules and regulations promulgated thereunder shall govern permit applications, renewals, modifications, suspensions and revocations under this Part.

(g) The department, in its discretion, may impose special conditions on public water supply systems located in or adjacent to, or serving an agricultural district established pursuant to article 25-AA of the Agriculture and Markets Law.

(h) When the water withdrawal system listed in an application is associated with a project, facility, activity or use that is subject to a SPDES permit or another department permit, the department will review the permit application in coordination with the SPDES or other permit program.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 601.11