N.Y. Comp. Codes R. & Regs. tit. 6 § 601.10

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

Section 601.10 - Application for a permit; renewal of an existing permit

An application for a water withdrawal permit or for the renewal of an existing permit shall be on forms available from the department and shall include all information determined by the department to be necessary to act on the application, including but not limited to information which may be required to comply with the requirements of an applicable compact basin commission. The application must be signed by an authorized individual and all required resolutions, consents, ordinances or certifications must be attached thereto. Unless otherwise instructed, applicants must submit all forms and exhibits in hard copy, and electronically whenever reasonably possible. The application for a permit shall include the following exhibits, as applicable to the withdrawal:

(a) Project authorization. For public water supply systems, project authorization shall include but not be limited to adequate proof that the proposed project was legally adopted and authorized by an ordinance, resolution, or order of the governing body of the applicant. This includes proof that all requirements of local law have been met by the applicant. Such proof includes, but is not limited to, copies of resolutions, ordinances, determinations or certifications. For a privately owned public water supply system, project authorization shall include but not be limited to adequate proof of its formation of a water-works corporation pursuant to article 4 of the Transportation Corporations Law.

(b) General map. For all water withdrawal systems, the map shall show in sufficient detail the location or position of the various lands, structures, and works associated with the existing and/or proposed water withdrawal system, the location of lands to be acquired, and all dams, reservoirs, well sites, ponds, wetlands, weirs, diversion structures or other known withdrawals in the vicinity. For public water supply systems, a general map indicating the boundaries of the proposed water service area and any potential sources of contamination in the vicinity of the system's source(s) of supply and any other points or locations as may be required by the department.

(c) Watershed maps. Watershed maps shall be USGS topographic maps, or the equivalent, and must indicate the location of the withdrawal and the location of any return flow, including any existing or proposed interbasin diversions. For surface water withdrawals, the map shall include the line of divide surrounding the tributary watershed.

(d) Contract plans. Include the contract plans for the water withdrawal system. However, for public water supply systems, contract plans and specifications for treatment and distribution aspects of the system shall be provided directly to the Department of Health for review and approval.

(e) Engineer's report. The engineer's report shall be from the professional engineer, licensed by the State, who made the recommendations and/or designed the proposed water withdrawal system. The report shall contain the following minimum information:

(1) a general description of the project and the engineering features of the existing or proposed water withdrawal system;

(2) a listing of all existing sources of water supply, including wells, surface withdrawals, and any purchases, sales or transfers of water;

(3) an evaluation of all practicable alternatives to the proposed source, which shall include an analysis of increased water conservation measures as a means to reduce or eliminate the need for the proposed source;

(4) for public water supply systems, the present and projected population of the water service area and the present and projected consumption rate;

(5) for public water supply systems, the radius of land owned or controlled for wellhead protection surrounding any proposed groundwater withdrawal, or the water quality classification and a copy of any Department of Health Watershed Rules and Regulations for any proposed surface withdrawal;

(6) the general character and extent and essential design features of proposed controlling, diverting or regulatory works;

(7) the proposed instantaneous and maximum daily rates of withdrawal; the existing and projected daily average, daily maximum, and 30-day maximum water demands of the water withdrawal system;

(8) when applicable, any fire suppression flows which can be supplied, including the duration for which such flows can be maintained;

(9) for public water supply systems, the location, extent and character of proposed treatment facilities;

(10) for groundwater sources, well drilling logs, monitoring well locations and pump test data and analyses of results; and

(11) for surface water sources, information on rainfall, stream flows and classifications, contributing watershed size, location of the nearby USGS stream gages, other upstream water withdrawals, safe yield analyses or pass by flow calculations and proposed withdrawal methods including intake structure design and screening.

(f) Water conservation program. A completed form as made available by the department or, if acceptable to the department, a detailed plan, that demonstrates the applicant's water conservation and efficiency measures that are environmentally sound and economically feasible and that minimize inefficiencies and water losses. Such measures must include but are not limited to: source and customer metering; frequent system water auditing; system leak detection and repair; recycling and reuse; and ability to enforce water restrictions during drought.

(g) Annual reporting form for existing withdrawals. A copy of the latest annual report submitted pursuant to section 601.5 of this Part.

(h) Acquisition maps. Land acquisition maps showing:

(1) the lands proposed to be acquired, taken, condemned, or leased; and

(2) if the land is for a reservoir, indicate ground surface contours in detail sufficient to permit an accurate determination of the proposed storage capacity of the reservoir;

(i) Water analyses. For public water supply systems, chemical and bacteriological analyses of the water from the proposed source shall be provided directly to the Department of Health for review.

(j) Treatment methods. For public water supply systems, proposed methods of treatment of the water supply to insure its quality and the ability to meet applicable Department of Health standards for drinking water.

(k) Project justification. A summary statement in justification of the proposed project using facts and information contained in the applicant's exhibits with specific references thereto, which shows:

(1) why the proposed project was selected from the evaluated alternatives;

(2) why increased water conservation or efficiency measures cannot negate or reduce the need for the proposed water withdrawals;

(3) why the proposed water withdrawal quantity is reasonable for the proposed use;

(4) why the proposed water conservation measures are environmentally sound and economically feasible;

(5) whether the proposed water supply is adequate;

(6) whether the proposed project is just and equitable to other municipalities and their inhabitants in regards to present and future needs for sources of potable water;

(7) whether the proposed withdrawal will result in no significant individual or cumulative adverse environmental impacts; and

(8) whether the proposed withdrawal will be consistent with all applicable municipal, State and Federal laws as well as regional interstate and international agreements.

(l) Canal withdrawal approvals. For any water withdrawal system withdrawing from the New York State Canal System, adequate proof that the applicant obtained a permit or other approval from the New York State Canal Corporation pursuant to section 100 of the Canal Law.

(m) Transmittal letter. A letter of transmittal containing the following information:

(1) names, addresses and phone numbers of the applicant, its attorney, engineer and any consultants;

(2) name and address of any public halls or other places in which a public hearing, if required, may be held; and

(3) names and publication schedules of local newspapers.

(n) Great Lakes-St. Lawrence River Basin water resources compact process requirements. Diversions of any quantity out of 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 by the Great Lakes-St. Lawrence River Basin water resources council and regional body when in compliance with that compact. In applying to the Great Lakes-St. Lawrence River Basin water resources council and regional body for any such exception, as applicable, the applicant proposing such an exception is responsible for providing the department information in a timely manner to respond to requests by the Great Lakes-St. Lawrence River Basin water resources council and regional body. The applicant proposing such an exception is also responsible for costs associated with providing any additional information, document copies, internet postings, and public meetings required by the regional notification and application review/approval processes of the Great Lakes-St. Lawrence River Basin water resources council and regional body.

(o) Permit Renewals. Any permittee who intends to continue to operate a water withdrawal system beyond the period of time covered in the applicable water withdrawal permit must apply for a renewal of the permit at least 180 days prior to its expiration unless a different deadline is specified as a condition of the permit. Public notification of water withdrawal permit renewal applications and timeframes for issuance shall be in accordance with Part 621 of this title.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 601.10

Amended New York State Register September 27, 2023/Volume XLV, Issue 39, eff. 12/26/2023