New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Chapter XXIX - Susquehanna River Basin Commission
Part 1806 - Review And Approval Of Projects
General Provisions
Section 1806.6 - Transfer of approvals
Universal Citation: 21 NY Comp Codes Rules and Regs ยง 1806.6
Current through Register Vol. 46, No. 39, September 25, 2024
(a) An existing commission approval may be transferred to a new project sponsor by the executive director provided:
(1) The
application for transfer is submitted within 90 days of a transfer or change in
ownership of a project.
(2) The new
project sponsor operates the project subject to the same terms and conditions
of the existing approval pending approval of the transfer
application.
(3) Any noncompliance
by the existing project sponsor associated with the project or by the new
project sponsor associated with other projects is resolved to the commission's
satisfaction.
(4) If the existing
approval is greater than 10 years old, the transfer shall be conditioned to
require the submission of an updated metering and monitoring plan consistent
with the requirements of section
1806.30 of this Part.
(5) If the existing project has an unapproved
withdrawal, consumptive use and/or diversion listed in subdivision (b) of this
section, the transfer shall be conditioned to require the submission of a new
application for review and approval of the unapproved withdrawal, consumptive
use and/or diversion consistent with sections 1806.4 and
1806.14 of this Part.
(6) Any modifications proposed by the new
project sponsor shall be subject to a separate application and review process
under sections 1806.14 and
1806.18 of this Part.
(b) Previously unapproved activities associated with a project subject to transfer under subdivision (a) of this section include:
(1) The project has
an associated pre-compact consumptive water use that has not been subject to
approval or had mitigation approved by the commission.
(2) The project has an associated diversion
that was initiated prior to January 23, 1971.
(3) The project has an associated groundwater
withdrawal that was initiated prior to July 13, 1978, and that has not been
approved by the commission.
(4) The
project has an associated surface water withdrawal that was initiated prior to
November 11, 1995, and that has not been approved by the commission.
(5) The project has a consumptive water use
approval and has an associated withdrawal that has not been approved by the
commission.
(6) The project is
registered under sections
1806.40 -1806.45 of this
Part.
(c) Upon undergoing a change of name that does not affect ownership or control of the project, the project sponsor must request a reissuance of the project's approval by the executive director within 90 days from the date of the change.
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