N.Y. Comp. Codes R. & Regs. tit. 6 § 601.9

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

Section 601.9 - Permit exemptions

The following actions with respect to a water withdrawal system are exempt from the permit requirements of this Part:

(a) withdrawals for agricultural purposes that have been registered or their annual water usage reported pursuant to the requirements of ECL article 15, title 16 or title 33 as of February 15, 2012. These withdrawals are subject to the annual reporting requirements of section 601.5 and the registration requirements of section 601.17 of this Part;

(b) withdrawals that have received an approval from the Delaware River Basin Commission or Susquehanna River Basin Commission. These withdrawals are subject to the annual reporting requirements of section 601.5 and to the registration requirements of sections 601.17 and 601.18 of this Part, respectively, as applicable;

(c) withdrawals of hydropower facilities operating under a valid Federal Energy Regulating Commission license;

(d) withdrawals from the New York State Canal System, as defined by subdivision 1 of section 2 of the Canal Law, that are used by the New York State Canal Corporation for purposes authorized by law;

(e) closed loop, standing column or similar non-extractive geothermal systems;

(f) Long Island wells permitted pursuant to ECL section 15-1527 and Part 602 of this Title;

(g) on-site water withdrawal systems for approved inactive hazardous waste remedial site programs conducted pursuant to State or Federal court order or State or Federal government agency agreement or order;

(h) withdrawals used for fire suppression or other public emergency purposes;

(i) direct withdrawals from the Atlantic Ocean or Long Island Sound;

(j) the extension of supply or distributing mains or pipes within a previously-approved water service area that remains within the amount authorized in a water supply permit or water withdrawal permit for the purpose of supplying potable water;

(k) the reconstruction of facilities in an existing water withdrawal system when the capacity of such system is in no way altered (reconstruction does not include constructing an adjacent withdrawal structure);

(l) the construction of filtration or other treatment facilities that will not in any way alter the amount of water which can be made available from the present source of supply;

(m) water withdrawals to supply ballast water necessary for lawful and normal vessel activity; or

(n) water withdrawal directly related to routine maintenance and emergency repairs of dams;

(o) temporary water withdrawals for the purposes of construction, dewatering, hydrostatic testing, or aquifer testing, where the volume withdrawn is less than an average of 100,000 gallons per day in any consecutive 30-day consecutive period (three million gallons during a 30-day period).

N.Y. Comp. Codes R. & Regs. Tit. 6 § 601.9