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Part 675: Great Lakes Water Withdrawal Registration Regulations

(Statutory authority: Environmental Conservation Law, §§ 3-0301 [2][m], 15-1609)

[effective date 09/25/91]

[page 1 of 1]

Contents:

Sec.

§675.1 Purpose.

The purpose of this Part is to set forth requirements for the registration of water withdrawals and reporting of water losses from the Great Lakes basin.

§675.2 Applicability.

(a) Except as provided in subdivision (b) of this section, this Part applies to water withdrawals from facilities located in the Great Lakes basin in excess of 100,000 gallons per day averaged over any consecutive 30-day period and to water withdrawals that result in a water loss from the Great Lakes basin in excess of 2,000,000 gallons per day averaged over any consecutive 30-day period.

(b) The following withdrawals are not subject to the registration requirements of this part:

(1) a withdrawal of water in accordance with a valid water supply permit pursuant to section 15-1501 of the Environmental Conservation Law;

(2) a withdrawal of water in accordance with a valid permit to transport water pursuant to section 15-1506 of the Environmental Conservation Law;

(3) a withdrawal of water for hydroelectric generation at a facility certified, licensed, or permitted by the Federal Energy Regulatory Commission.

§675.3 Definitions.

(a) "Agricultural purpose" means the practice of farming for crops, plants, vines and trees; and the keeping, grazing, or feeding of livestock for sale of livestock or livestock products.

(b) "Commissioner" means the Commissioner of Environmental Conservation.

(c) "Consumptive Use" means a use of Great Lakes water, other than an interbasin diversion, that results in a failure to return any portion of the amount withdrawn to the Great Lakes basin. Consumptive use does not include evaporative losses from reservoirs used to impound water for hydroelectric generation.

(d) "Department" means the Department of Environmental Conservation.

(e) "Facility" means one or more pieces of water withdrawal equipment at the same site, including but not limited to any place of business, farm, factory, industrial or commercial site, institution, structure, open land, vessel, vehicle, or rolling stock, where water is withdrawn for any purpose.

(f) "Farm" is a business for agricultural purposes that may be composed of up to twenty-five non-contiguous parcels of land within a radius of forty miles that are under the ownership or control of the same person.

(g) "Gallons per day" means the number of gallons of water withdrawn per day averaged over any consecutive 30-day period.

(h) "Great Lakes basin" is the watershed of the Great Lakes and the St. Lawrence River, upstream from Trois Rivieres, Quebec, consisting in New York State of the Lake Erie-Niagara River, Lake Ontario minor tributaries, Genesee River, Seneca-Oneida-Oswego River, Black River, St. Lawrence River and Lake Champlain drainage basins.

(i) "Great Lakes Charter" is the agreement signed on February 11, 1985 by the governors of the Great Lakes states and the premiers of the Canadian provinces that establishes the water management principles and common data and reporting requirements for the states and provinces in the Great Lakes basin.

(j) "Great Lakes Provinces" are the provinces of Ontario and Quebec.

(k) "Great Lakes States" are the states of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania and Wisconsin.

(l) "Interbasin diversion" means a transfer of water out of the Great Lakes basin through any mechanism, including but not limited to, pumps, pipes, conduits, ditches, canals, vessels, vehicles, or rolling stock. An interbasin diversion includes changes in groundwater flow caused by pumping that would divert groundwater naturally destined to discharge to the Great Lakes basin.

(m) "International Joint Commission" is the international body that was created by the 1909 Boundary Waters Treaty entered into by Canada and the United States for the purpose of presiding over matters involving the diversion or use of the waters of the Great Lakes.

(n) "Operator" means any person who leases, operates, controls or supervises the daily operation of a facility at which a water withdrawal is made.

(o) "Owner" means any person who has legal or equitable title to a facility at which a water withdrawal is made.

(p) "Person" means any individual, partnership, public or private corporation, special purpose district, municipality, industry, association, organization, firm trust, or estate; or any political subdivision, government agency, department or bureau of the state or of other states or provinces, or of the federal government or any other legal entity whatsoever.

(q) "Tax Map Identification Number" means the number that is assigned by the County to identify the parcel of land on which the water withdrawal is located.

(r) "Water" means the surface water and groundwater in the Great Lakes basin.

(s) "Water loss" means the consumptive use of Great Lakes water, or the diversion of water out of the Great Lakes basin, or both.

(t) "Water withdrawal" means any removal of water in the Great lakes basin from its source for any purpose, except for withdrawals for hydroelectric generation at sites certified, licensed or permitted by the Federal Energy Regulatory Commission.

(u) "Water withdrawal capacity" means the ultimate physical ability of the existing equipment installed at a facility to make water withdrawals.

(v) "Water withdrawal equipment" includes but is not limited to pumps, siphons, pipes, ditches, tanks, vessels and other equipment used or designed to be used to transmit water from a ground or surface source for any purpose.

§675.4 Registration of water withdrawals and water losses.

(a) Water withdrawals in existence prior to April 1, 1990. The owner or operator of a facility with a water withdrawal in existence as of April 1, 1990, withdrawing in excess of 100,000 gallons per day, shall register the withdrawal with the Department no later than April l, 1991.

(b) Water withdrawals beginning on or after April 1, 1990.

(1) Withdrawals for non-agricultural purposes. The owner or operator of a facility proposing a water withdrawal for non-agricultural purposes to begin on or after April 1, 1990, in excess of 100,000 gallons per day, shall register such withdrawal at least 45 days prior to the start of such withdrawal.

(2) Withdrawals for agricultural purposes. The owner or operator of a facility that has caused a water withdrawal for agricultural purposes beginning on or after April 1, 1990, in excess of 100,000 gallons per day, shall register such withdrawal with the Department by December 31 of the same year in which the water was withdrawn.

(c) If a water withdrawal will result in an interbasin diversion, an approval shall be required prior to the withdrawal as provided in section 675.7 of this Part.

(d) For purposes of calculating the water withdrawal from a facility, the amounts withdrawn from separate withdrawal points at a facility shall be added together.

§675.5 Application forms.

(a) Registrations for water withdrawals subject to this Part shall be made by submitting an application to the Department on such form as may be provided by the Department or by any alternate means approved in advance by the Department. Application forms are available at the regional and central offices of the Department.

(b) An application submitted by a corporation must be signed by a principal executive officer of at least the level of vice president or a duly authorized representative. An application submitted by a partnership or a sole proprietorship must be signed by a general partner or the proprietor.

(c) Each application form must contain:

(1) place(s) and source(s) of the withdrawal;

(2) the location of any return flow;

(3) the location and nature of the water use;

(4) the actual or estimated average annual and monthly volumes and rates of water withdrawn;

(5) the actual or estimated average annual and monthly volumes and rates of water loss from the withdrawal;

(6) the operating capacity of the withdrawal equipment;

(7) a list of all federal, state and local approvals, permits, licenses, and other authorizations required for the existing or proposed withdrawal; and

(8) any other information that the Department may require.

§675.6 Reporting and registering water losses in excess of 2,000,000 gallons per day.

Applications for a registration in accordance with section 675.5 of this Part shall include the following information if the withdrawal which is being registered will result or has resulted in a water loss in excess of 2,000,000 gallons per day.

(a) the total new or increased operating capacity of the withdrawal system if an increase in the withdrawal is proposed;

(b) the estimated average annual and monthly rates of discharge or return flow; and

(c) any other information that the Department may require.

§675.7 Interbasin diversions

(a) Any person proposing a water withdrawal which would result in an interbasin diversion shall obtain an approval from each governor of the Great Lakes states prior to such withdrawal.

(b) In addition to any registration required by this Part, any person proposing a water withdrawal originating in New York State which would result in an interbasin diversion shall obtain an approval from the Governor and the Legislature of New York prior to such withdrawal. Notwithstanding any other provision of this part, registrations of water withdrawals originating in New York State resulting in interbasin diversions shall not be effective until such approvals have been obtained.

(c) Any person proposing a water withdrawal which would result in an interbasin diversion shall submit a written request to the Department for any approval required from either the Governor or both the Governor and the Legislature.

(d) Any written request shall contain the following information:

(1) The name of the person, their relevant affiliation, and originating state or province requesting the approval;

(2) A description of the proposed diversion, including the location and size of such diversion, and the state or province to which the water will be diverted;

(3) The current water use of the person requesting approval and such person's proposed plans for withdrawal, transportation, development and use of water resources which incorporate maximum, economically feasible conservation practices;

(4) The effect of the proposed diversion on the levels and flows in the harbors and connecting channels of the Great Lakes and the impact the withdrawal will have on navigation and shoreline habitat as a result of the reduced water levels;

(5) The plan to manage and conserve the water resources and the economic impact of their development in the basin, region, state or province to which the water will be diverted, and whether water resources in that area are capable of further development;

(6) The permits required from federal, state and local governments to complete the project;

(7) The name and address where additional information can be obtained; and

(8) Any other information that the Department may require.

(e) The Department will advise the applicant as to the completeness of the information provided to assess an interbasin diversion.

(f) Upon receiving a complete written request for approval of a water withdrawal that would result in an interbasin diversion, the Department shall notify each state in the Great Lakes basin, other appropriate New York State agencies, the International Joint Commission, the Great Lakes Commission, and other appropriate federal agencies.

(g) The Department shall publish a notice in the Environmental Notice Bulletin providing for a public comment period of at least 30 days. The Commissioner shall hold a legislative public hearing on the request. Within 60 days of the close of the comment period or public hearing, whichever is later, the Department shall transmit a report to the Governor or the Governor's designee, and the Legislature, summarizing all comments received and making a recommendation on the request for approval pursuant to the criteria set forth in section 15-1613 of the Environmental Conservation Law.

§675.8 Great Lakes Charter prior notice and consultation.

If there is a new or increased water withdrawal which would result in a water loss of over 5,000,000 gallons per day, the Department shall implement the prior notice and consultation procedure established pursuant to section 15-1607 of the Environmental Conservation Law. Registrations for such a withdrawal shall not be effective until the prior notice and consultation procedure is complete.

§675.9 Transfer of ownership.

If there is a change in the ownership of a facility on which the water withdrawal or water loss occurs:

(a) the transferring owner shall notify the Department at least thirty days prior to the transfer of ownership; and

(b) the new owner shall make a complete application for any registration required by this Part within thirty days of the transfer of ownership.

§675.10 Registration fees for water withdrawals.

(a) The owner or operator of a facility required to register a water withdrawal pursuant to this Part shall submit a two-year registration fee of two hundred dollars ($200) with the registration application.

(b) Notwithstanding subdivision (a) of this section, an owner or operator of a facility withdrawing water for agricultural purposes who elects to register annually shall submit a one-year registration fee of one hundred dollars ($100) with the registration application.

§675.11 Registration certificate.

Upon submittal of a complete registration application and payment of the registration fee, the Department shall, within 30 days, issue a registration certificate. The operator must keep the certificate at the main office and be able to show the registration certificate to officials of the Department on request. Registrations of water withdrawals required by this Part shall not be effective until the Department issues a registration certificate.

§675.12 Registration periods.

(a) A registration must be renewed within the time periods provided in subdivision (b) of this section unless the registrant notifies the Department in writing that:

(1) the water withdrawal or water loss has stopped;

(2) the withdrawal has fallen under the thresholds specified in this Part;

(3) that the withdrawal equipment has been removed or is no longer capable of withdrawing enough water that would result in a water withdrawal or water loss which would exceed the thresholds established herein; or

(4) if the facility owner is the registrant, a transfer of ownership of the facility has occurred.

(b) A registration shall be renewed every two (2) years from the date of the last valid registration, except that the registrant of a water withdrawal for agricultural purposes may elect to renew annually.

§675.13 Access to records and withdrawal equipment.

Any designated officer or employee of the Department may upon reasonable notice and during normal business hours:

(a) have a right of entry to, upon, or through any facility to inspect those areas containing water withdrawal equipment;

(b) have access to those records containing information about the withdrawals that are required to be maintained by the registrant and copies of records maintained to certify the capacity of the equipment and the actual record of withdrawal;

(c) inspect any equipment, practice or method which is required by the provisions of this Part; and

(d) have access to and the ability to test or inspect any metering device and withdrawal equipment to verify the water withdrawal and water withdrawal capacity.

§675.14 Confidentiality.

Any person submitting information to the Department pursuant to this Part may, at the time of submission, request that the Department except such information from disclosure under paragraph (d) of subdivision (2) of section 87 of the Public Officers Law. The Department may deny access to records or portions thereof that are trade secrets or are submitted to the Department by a commercial enterprise or are derived from information obtained from a commercial enterprise, and which, if disclosed, would cause substantial injury to the competitive position of the subject enterprise. All requests under this section must be made in accordance with the provisions of Part 616.7 of this Title and all determinations will be made pursuant to that Part.

§675.15 Enforcement.

Any person who violates any of the provisions of this Part, or any order of the commissioner, shall be subject to such civil, administrative, and criminal actions for penalties and injunctive relief as set forth in Article 71 of the Environmental Conservation Law.

§675.16 Severability.

If any provisions of this Part or its application to any person or circumstances is held to be invalid, the remainder of this Part and the application of that provision to other persons or circumstances shall not be affected.