N.Y. Comp. Codes R. & Regs. tit. 21 § 890.51

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

Section 890.51 - Source metering, recording and reporting

(a) Each person, firm, corporation or other entity whose cumulative daily average withdrawal(s) from the surface and/or ground waters of the basin from any surface water intake, spring, or well, or any combination of surface water intakes, springs, or wells operated as a system, exceeds 100,000 gallons per day during any 30-day period shall meter or measure and record their withdrawals and report such withdrawals to the designated agency. Withdrawals shall be measured by means of an automatic continuous recording device, flow meter, or other method, and shall be measured to within five percent of actual flow. Exception to the five-percent performance standard, but no greater than 10 percent, may be granted for surface water withdrawals by the designated agency if maintenance of the five-percent performance standard is not technically feasible or economically practicable. Meters or other methods of measurement shall be subject to approval and inspection by the designated agency as to type, method, installation, maintenance, calibration, reading, and accuracy. Withdrawals shall at a minimum be recorded on a daily basis for public water supply use and on a biweekly basis for all other water uses and reported as monthly totals annually. More frequent recording or reporting may be required by the designated agency or the commission.

(b) The following water uses and operations are exempt from the metering or measurement requirements of subdivision (a) of this section: agricultural irrigation; snowmaking; dewatering incidental to mining and quarrying; and dewatering incidental to construction. Persons engaged in such withdrawals in excess of 100,000 gallons per day during any 30-day period shall record the pumping rates and the dates and elapsed hours of operation of any well or pump used to withdraw water, and report such information as required in subdivision (a) of this section.

(c) The following are the designated agencies for the purposes of this regulation: Delaware Department of Natural Resources and Environmental Control; New Jersey Department of Environmental Protection; and Pennsylvania Department of Environmental Protection. The Delaware River Basin Commission shall serve as the designated agency for administering and enforcing this regulation in the New York portion of the basin.

(d) Pursuant to section 11.5 of the compact, the designated agencies shall administer and enforce programs for metering, recording and reporting of water withdrawals, in accordance with this regulation and any applicable state regulations.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 890.51