N.Y. Comp. Codes R. & Regs. tit. 6 § 601.16

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

Section 601.16 - Denial, suspension or revocation of permits

(a) The department may deny an application for a water withdrawal permit if the department determines that:

(1) the water withdrawal will result in contravention of water quality standards or guidance values;

(2) the water withdrawal will exceed or cause to be exceeded the safe yield or sustainable supply of the water source;

(3) the water withdrawal will cause a new or increased interbasin diversion that results in a significant adverse impact on the water quantity of the source New York major drainage basin;

(4) the permittee or applicant has been convicted of a crime related to the permitted activity under any Federal or State law;

(5) the permittee or applicant has been determined in an administrative, civil or criminal proceeding to have violated any provision of the ECL, any related order or determination of the commissioner, any regulation of the department, any condition or term of any permit issued by the department, or any similar statute, regulation, order or permit condition of the Federal or other State government, or agency, on one or more occasions and in the opinion of the department, the violation that was the basis for the action posed a significant potential threat to the environment or human health, or is part of a pattern of non-compliance; or

(6) the water withdrawal has not been approved by the applicable compact basin commission.

(b) In addition to the criteria set forth in Part 621 of this Title for suspension or revocation of a permit, the department may suspend or revoke a water withdrawal permit if the department determines that:

(1) the facility that would or does employ the permitted water withdrawal has not operated and is not likely to operate during the term of the permit;

(2) the permittee or applicant has been convicted of a crime related to the permitted activity under any Federal or State law;

(3) the permit was issued erroneously or by mistake;

(4) the permit was obtained through fraud, deceit, or through the submission of incorrect data;

(5) the permittee was negligent, or practiced fraud or deceit, in the performance of the permitted activities; or

(6) the permittee is out of compliance with the requirements of the Great Lakes-St. Lawrence River Basin water resources compact, as enacted in ECL article 21, title 10, or any other compact basin commission.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 601.16