§ 15-1503. Permits.

Terms Used In N.Y. Environmental Conservation Law 15-1503

  • Dependent: A person dependent for support upon another.
  • Environmentally sound and economically feasible water conservation measures: shall mean those measures, methods, technologies or practices for efficient water use and for reduction of water loss and waste or for reducing a withdrawal, consumptive use or diversion that: (i) are environmentally sound; (ii) reflect best practices applicable to the water use sector; (iii) are technically feasible and available; (iv) are economically feasible and cost effective based on an analysis that considers direct and avoided economic and environmental costs; and (v) consider the particular facilities and processes involved, taking into account the environmental impact, age of equipment and facilities involved, the processes employed, energy impacts and other appropriate factors. See N.Y. Environmental Conservation Law 15-1502
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Potable water: shall mean water intended for human consumption that meets the requirements for a public water system as set forth in the state sanitary code. See N.Y. Environmental Conservation Law 15-1502
  • Public water supply system: shall mean a permanently installed water withdrawal system including its source, collection, pumping, treatment, transmission, storage and distribution facilities used in connection with such system, which provides piped potable water to the public for potable purposes, if such system has at least five service connections used by year-round residents. See N.Y. Environmental Conservation Law 15-1502
  • Water withdrawal system: shall mean any equipment or infrastructure operated or maintained for the provision or withdrawal of water including, but not limited to, collection, pumping, treatment, transportation, transmission, storage, and distribution. See N.Y. Environmental Conservation Law 15-1502

1. A permit application or request for a permit renewal or modification shall be made on forms prescribed by the department and shall contain all information requested by the department relative to the withdrawal, use and discharge of water, including:

a. with respect to a public water supply system, proof of adequate authorization for the proposed project;

b. such exhibits as may be necessary clearly to indicate the scope of the proposed project;

c. a map of any lands to be acquired;

d. project plans;

e. a statement of the need for and the reasons why the proposed source or sources of supply were selected among the alternative sources which are or may become available and the adequacy of the supply selected; and

f. a description of the applicant's proposed near term and long range water conservation program that incorporates environmentally sound and economically feasible water conservation measures, including implementation and enforcement procedures, effectiveness to date and any planned modifications for the future. For a public water supply system, the water conservation program may include but need not be limited to:

i. the identification of and cost effectiveness of distribution system rehabilitation to correct sources of lost water;

ii. measures which encourage proper maintenance and water conservation;

iii. a public information program to promote water conservation, including industrial and commercial recycling and reuse;

iv. household conservation measures; and

v. contingency measures for limiting water use during seasonal or drought shortages.

2. In making its decision to grant or deny a permit or to grant a permit with conditions, the department shall determine whether:

a. the proposed water withdrawal takes proper consideration of other sources of supply that are or may become available;

b. the quantity of supply will be adequate for the proposed use;

c. the project is just and equitable to all affected municipalities and their inhabitants with regard to their present and future needs for sources of potable water supply;

d. the need for all or part of the proposed water withdrawal cannot be reasonably avoided through the efficient use and conservation of existing water supplies;

e. the proposed water withdrawal is limited to quantities that are considered reasonable for the purposes for which the water use is proposed;

f. the proposed water withdrawal will be implemented in a manner to ensure it will result in no significant individual or cumulative adverse impacts on the quantity or quality of the water source and water dependent natural resources;

g. the proposed water withdrawal will be implemented in a manner that incorporates environmentally sound and economically feasible water conservation measures; and

h. the proposed water withdrawal will be implemented in a manner that is consistent with applicable municipal, state and federal laws as well as regional interstate and international agreements.

3. In order to assist the development of local water conservation programs for public water supply systems, the department shall continue to publish and distribute a water conservation manual that includes beneficial near term and long range water conservation procedures which reflect local water resource needs and conditions. Such manual shall include examples of:

a. methods of identifying and determining the cost effectiveness of distribution system rehabilitation to correct sources of lost water;

b. measures which encourage proper maintenance and water conservation;

c. a public information program to promote water conservation, including industrial and commercial recycling and reuse;

d. household conservation measures; and

e. contingency measures for limiting water use during seasonal or drought shortages.

4. The department may grant or deny a permit or grant a permit with such conditions as may be necessary to provide satisfactory compliance by the applicant with the matters subject to department determination pursuant to subdivision 2 of this section, or to bring into cooperation all persons that may be affected by the project, but it shall make a reasonable effort to meet the needs of the applicant, with due regard to the actual or prospective needs, interests and rights of others that may be affected by the project.

5. The rules and regulations adopted by the department to implement this title and the provisions of article 70 of this chapter and rules and regulations adopted thereunder shall govern permit applications, renewals, modifications, suspensions and revocations under this title.

6. A new permit for a water withdrawal system and any subsequent renewal thereof shall be valid for a period of time not to exceed ten years from the date of issuance. A new permit or permit modification must be obtained from the department prior to any transfer or change of ownership of a water withdrawal system.

7. For each permit issued for a public water supply system, the department shall post on the department's website the permittee, the maximum pumping capacity allowed under the permit, the results of well monitoring, and the information reported pursuant to subdivision six of section 15-1501 of this title.

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