N.Y. Comp. Codes R. & Regs. tit. 6 § 601.18

Current through Register Vol. 46, No. 45, November 2, 2024

Section 601.18 - Registration of interbasin diversions; prohibitions

(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.

(f) An interbasin diversion registration shall be submitted to the department and be signed by an authorized individual pursuant to section 601.22 of this Part.

(g) Any interbasin diversion must comply with all other applicable requirements of law.

(h) The receipt by the department of a complete interbasin diversion registration does not constitute an approval by the department.

(i) No person shall make a new or increased interbasin diversion which results in a significant adverse impact on the water quantity in the New York major drainage basin that is the source of the diversion and from which waters are diverted.

(j) Diversions of any quantity from the Great Lakes-St. Lawrence River Basin are prohibited by the Great Lakes-St. Lawrence River Basin water resources compact, as enacted in ECL article 21, title 10. Limited exceptions for public water supply systems will only be considered when in compliance with that compact as is further set forth in section 601.10(n) of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 601.18