Part 601: Water Supply Applications (Exclusive Of Long Island Wells)

(Statutory authority: Environmental Conservation Law,
§§ 3-0301(1)(f), 3-0301(2)(m), art. 15)

[Effective 04/28/72]

[Amended 01/15/86 and reissued 07/95]

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§601.1 Definitions

(a) Commissioner means the Commissioner of Environmental Conservation.

(b) Department means the New York State Department of Environmental Conservation.

(d) Person means any individual, firm, copartnership, association or corporation other than the State and a public corporation.

(e) Public corporation means a municipal corporation, a district corporation, a public benefit corporation, and all public authorities, except the Power Authority of the State of New York.

(f) State means the State of New York.

(g) Water supply system means a permanently installed system providing piped water to the public for potable purposes, if such system has at least five service connections used by year-round residents. Such term includes source, collection, pumping, treatment, transmission, storage and distribution facilities used in connection with such system.

(h) Works means any or all of the physical components of a water supply system, including but not limited to intake structures, pumping stations, storage tanks, wells, treatment plants, and supply and distribution piping arrangements. (Works generally refers to the more active components of a water supply system, while facility is more commonly used for passive items.)

§601.2 Applicability

This Part applies to any person or public corporation who is authorized and engaged in, or proposing to engage in, the acquisition, conservation, development, use or distribution of water for potable purposes, or who proposes to transport or carry water from this State to any location outside the State for use therein.

§601.3 Permit

A permit is required before a person or public corporation may take any of the following actions:

(a) install a new water supply system;

(b) acquire, take or develop any source of water supply in connection with a new water supply system;

(c) acquire, take or develop any new or additional source of water supply in connection with an existing water supply system;

(d) take or condemn lands for any new or additional sources of water supply or for the utilization of such supplies;

(e) commence or undertake the construction of any works or projects in connection with proposed plans for a water supply system;

(f) extend supply or distribution mains into a municipality, water district, water supply district, or other civil division of the State wherein it has not heretofore legally supplied water;

(g) construct any extension of its supply mains, except within a service area approved by the department;

(h) extend the boundaries of a water district;

(i) supply water in or for use in any other municipality or civil division of the State which owns and operates a water supply system therein, or in any duly organized water supply or fire district supplied with water by another person or public corporation;

(j) enter into a contract or other agreement for a supply of water;

(k) purchase or condemn any existing water supply system;

(l) sink or drill additional wells in connection with an existing water supply system;

(m) increase the amount of water diversion from a source of water supply already in use, by enlargement of the conduits, increased storage or by any other means;

(n) exercise any franchise hereafter granted to supply water to any inhabitants of the State; or

(o) transport or carry water through pipes, conduits, ditches or canals from any freshwater lake, pond, brook, river, stream or creek of this State or any ground waters of this State to any location outside the State for use therein.

§601.4 Exemptions

(a) Municipal water supplies:

(1) for the extension of supply or distributing mains or pipes into and for the purpose of supplying water in any territory within the limits of the municipality owning such plant, including territory which has not been heretofore supplied by water by such plant;

(2) for the reconstruction or replacement of existing facilities in connection with an existing water supply system when the capacity of such system is in no way increased; or

(3) for the construction of filtration or other treatment facilities which will not in any way increase the amount of water which can be made available from the present source of supply.

(b) County water authorities:

(1) for the extension of supply or distributing mains into and for the purpose of supplying water within any territory assigned to such county water authority within the limits of the county but excluding territory specifically assigned to private or other municipal water companies by the department which has not been heretofore supplied with water by such county water authority;

(2) for the reconstruction or replacement of existing facilities in connection with an existing water supply system when the capacity of such system is in no way increased; or

(3) for the construction of filtration or other treatment facilities which will not in any way increase the amount of water which can be made available from the present sources of supply.

§601.5 Application for a permit

A permit application shall be on forms supplied by the department. The application shall be submitted to the department's regional office having jurisdiction over the area in which the proposed project is located. The application must be signed by an authorized individual and all required resolutions, consents or ordinances must be attached thereto. Unless otherwise ordered, municipal applicants must submit all forms and exhibits in triplicate and nonmunicipal applicants must submit all forms and exhibits in quadruplicate. The application shall include the following exhibits, as applicable to the proposed project:

(a) Project authorization. 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 and/or determinations.

(b) General map.

(1) A general map indicating the boundaries of the proposed service area or franchise area and the location of any agricultural districts, the location or position of the various lands, structures, and works associated with the existing and/or proposed water supply system, including the locations of sewer outfalls or other potential sources of contamination of the water supply and any other points or locations as may be required by the department. The map shall also show in sufficient detail, the location of lands to be acquired, and all dams, reservoirs, well sites, pipelines or aqueducts, pressure or storage tanks, pumps, treatment works, distribution systems and valves and hydrants.

(2) The general map also must show elevations at:

(i) the point of diversion or supply;

(ii) crests and depressions in the principal pipelines or aqueducts; and

(iii) principal street intersections in the proposed service areas.

(c) Watershed maps. Watershed maps which shall be United States Geological Survey (USGS) topographic quadrangle, or the equivalent, showing the watershed affected. The quadrangle must indicate the location of the proposed works, the line of divide surrounding the tributary watershed and the proposed service area. If the watershed area is greater than four USGS quadrangles, only those quadrangles showing the actual location of the proposed works are required.

(d) Profiles. Profiles of the proposed facilities, indicating to suitable horizontal and vertical scales, the distances and elevations on each of the principal pipelines or aqueducts, the elevation at each crest and depression in each pipeline, and the computed hydraulic gradients for ordinary and fire drafts.

(e) Contract plans. Contract plans and specifications of the proposed structures and/or facilities in sufficient detail to enable the department to determine the adequacy, suitability and safety of the designs and water supply system proposed. The department may permit the contract plans and specifications to be filed at a date later than the submission of the other exhibits, but no construction can commence until such contract plans have been submitted to and approved by the department.

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

(1) the engineering features of the proposed water supply system;

(2) a general description of the existing water supply system, if any, including its quantity and quality;

(3) the present and projected population of the service area and the present and projected consumption rate;

(4) a general description of the proposed water supply system, including but not limited to the location, elevation, area and capacity required or available for any proposed reservoir or tank;

(5) the character and area of the watershed tributary to the point of diversion;

(6) present or possible future sources of contamination and proposed methods for control of contamination and protection of the water supply;

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

(8) the estimated maximum, minimum and average static pressures within the proposed service area;

(9) the fire flows which can be supplied, including the pressures available during such flows and the duration for which such flows can be maintained;

(10) the number and distribution of fire hydrants;

(11) the location, extent and character of proposed treatment facilities;

(12) for groundwater sources, well drilling logs and pump test results;

(13) for surface water sources, detailed information on rainfall and stream flows.

(g) Acquisition maps. Land acquisition maps showing:

(1) the lands proposed to be acquired or occupied;

(2) the lands through which any aqueduct or pipeline is to be constructed;

(3) the locations of all buildings, highways, bridges, streams, agricultural districts and other topographic and/or important features;

(4) the owners of any land to be acquired and the boundaries of each owner's property; and

(5) 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.

(h) Cost estimate. A cost estimate which shall give details concerning various items of the proposed project, including but not limited to the cost of land acquisition, a schedule of quantities, and unit and total costs for the different classes of work and construction costs.

(i) Water analyses. Chemical and bacteriological analyses of the water from the proposed source. Such analyses shall be performed by a State-certified laboratory. If the water is to be used as a potable water supply, sufficient analyses must be provided to indicate the quality of the supply and whether the supply before treatment meets applicable Department of Health standards for drinking water.

(j) Treatment methods. Proposed methods of treatment of the water supply to insure its quality and the ability of the source 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) the need for and the reasons why the proposed source or sources of supply were selected among alternative supplies which are or may become available;

(2) the provision of proper and safe construction of all phases of the project;

(3) the provision of adequate protection of the water supply and watershed from contamination;

(4) the proper treatment of the water supply;

(5) the adequacy of the water supply to meet the demands of the service area;

(6) the proposed project is just and equitable to other municipalities or civil divisions of the State; and

(7) the method proposed to determine and provide for the proper compensation for any direct or indirect legal damages to persons or property that may result from the acquisition of any lands in connection with the project or from the execution of the proposed project.

(l) 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.

§601.6 Action on permit applications

(a) The department may grant or deny a permit, or grant a permit with conditions.

(b) To issue a permit, the department must determine:

(1) that the proposed project is justified by the public necessity;

(2) that the applicant properly considered other sources of water supply that are or may become available;

(3) that all work and construction connected with the project will be proper and safe;

(4) that the water supply will be adequate to meet the needs of the proposed service area;

(5) that there will be proper protection and treatment of the water supply and watershed;

(6) that the proposed project is just and equitable to all affected municipalities and their inhabitants, and in particular with regard to their present and future needs for sources of water supply; and

(7) that there is provision for fair and equitable determinations of and payments of any direct and indirect legal damages to persons or property resulting from the acquisition of any lands in connection with the proposed project or from the execution of the proposed project.

(c) Article 70 of this Chapter and the rules and regulations promulgated thereunder shall govern permit applications, renewals, modifications, suspensions and revocations under this Part.

(d) The department, in its discretion, may impose special conditions on water supply systems located in or adjacent to, or serving an agricultural district established pursuant to article 25-AA of the Agriculture and Markets Law.

§601.7 Approval of plans

(a) Construction may not begin on any part of a water supply system for which a permit has been issued until contract plans and specifications for that construction have been reviewed and approved by the department.

(b) If changes or modifications must be made after contract plans and specifications have been approved, such changes or modifications must be submitted in writing to the department, and reviewed and approved prior to the construction of the affected portion of the project.

§601.8 Approval of completed works

(a) Before any works constructed pursuant to a water supply permit granted under this Part may commence operation, the facilities must be inspected and a formal approval issued by the department.

(b) A written request for such approval, accompanied by an engineer's affidavit certifying that the project was completed in accordance with approved contract plans and specifications, must be submitted to the department.

(c) If the department finds that the facilities have been properly and safely constructed, the department will issue an approval and permission to commence operation. If the department finds defects in the construction of the project, or that the project was not built in accordance with the approved contract plans and specifications, the department shall require such corrections or reconstruction as it deems necessary to be made prior to approval and permission to operate.

(d) The department, in its discretion, may approve part of a project as built and authorize its operation prior to the completion of the entire project.