N.Y. Environmental Conservation Law § 15-1503: Permits

§ 15-1503. Permits.

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.