N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 128-2.1

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

Section 128-2.1 - Standards for regulated activities

(a) The following general standards apply to all regulated activities unless specifically noted otherwise, whether or not the regulated activity also requires the review and approval of the department. In addition, certain regulated activities must meet additional standards or procedures where specifically set forth in this Subpart or in other Subparts:

(1) All regulated activities shall be planned, designed, scheduled and conducted in such manner as to not constitute a source of contamination to or degradation of the water supply.

(2) The department shall base its review and approval of any regulated activity on compliance with these rules and regulations, including the water quality standards set forth in Subpart 128-4 of this Part, and shall additionally take into consideration the system specific water quality characteristics set forth in section 128-10.2 of this Part.

(3) The burden of demonstrating compliance with the requirements of these rules and regulations shall be on the person proposing to engage in a regulated activity. In the event that any person finds that compliance with any standard set forth in these rules and regulations is not possible, then she or he may apply for a variance in accordance with the provisions of Subpart 128-6 of this Part. Variances may be granted provided that the department makes the findings required by Subpart 128-6 of this Part.

(4) Failure to comply with the conditions of any approval issued by the department under these rules and regulations shall be a violation of these rules and regulations.

(5) The department may order that a regulated activity cease, and/or a facility where such regulated activity is taking place be closed or removed, if such regulated activity is causing contamination to or degradation of the water supply, such that the activity is a threat to the life, health, or safety of water supply users that requires immediate corrective action. Any person who receives such an order may request a hearing on such order in the manner provided in section 128-2.9 of this Subpart.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 128-2.1