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. 12, March 20, 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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