N.Y. Comp. Codes R. & Regs. tit. 21 § 1806.40

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

Section 1806.40 - Applicability

(a) This section and sections 1806.41 -1806.45 applicable to the following projects, which shall be known as grandfathered projects:

(1) the project has an associated average consumptive use of 20,000 gpd or more in any consecutive 30-day period all or part of which is a pre-compact consumptive use that has not been approved by the commission pursuant to section 1806.4 of this Part;

(2) the project has an associated groundwater withdrawal average of 100,000 gpd or more in any consecutive 30-day period all or part of which was initiated prior to July 13, 1978, that has not been approved by the commission pursuant to section 1806.4 of this Part;

(3) the project has an associated surface water withdrawal average of 100,000 gpd or more in any consecutive 30-day period all or part of which was initiated prior to November 11, 1995, that has not been approved by the commission pursuant to section 1806.4 of this Part;

(4) the project (or an element of the project) has been approved by the commission but has an associated consumptive use or water withdrawal that has not been approved by the commission pursuant to section 1806.4 of this Part;

(5) any project not included in paragraphs (a)(2) through (4) of this section that has a total withdrawal average of 100,000 gpd or more in any consecutive 30-day average from any combination of sources which was initiated prior to January 1, 2007, that has not been approved by the commission pursuant to section 1806.4 of this Part;

(6) any source associated with a project included in paragraphs (a)(2) through (5) of this section regardless of quantity.

(b) A project, including any source of the project, that can be determined to have been required to seek commission review and approval under the pertinent regulations in place at the time is not eligible for registration as a grandfathered project.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 1806.40