New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Chapter XXIX - Susquehanna River Basin Commission
Part 1806 - Review And Approval Of Projects
Registration of Grandfathered Projects
Section 1806.40 - Applicability
Universal Citation: 21 NY Comp Codes Rules and Regs ยง 1806.40
Current through Register Vol. 46, No. 39, September 25, 2024
(a) This section and sections 1806.41 -1806.45 applicable to the following projects, which shall be known as grandfathered projects:
(1) the project has an associated average
consumptive use of 20,000 gpd or more in any consecutive 30-day period all or
part of which is a pre-compact consumptive use that has not been approved by
the commission pursuant to section
1806.4 of this Part;
(2) the project has an associated groundwater
withdrawal average of 100,000 gpd or more in any consecutive 30-day period all
or part of which was initiated prior to July 13, 1978, that has not been
approved by the commission pursuant to section
1806.4 of this Part;
(3) the project has an associated surface
water withdrawal average of 100,000 gpd or more in any consecutive 30-day
period all or part of which was initiated prior to November 11, 1995, that has
not been approved by the commission pursuant to section
1806.4 of this Part;
(4) the project (or an element of the
project) has been approved by the commission but has an associated consumptive
use or water withdrawal that has not been approved by the commission pursuant
to section
1806.4 of this Part;
(5) any project not included in paragraphs
(a)(2) through (4) of this section that has a total withdrawal average of
100,000 gpd or more in any consecutive 30-day average from any combination of
sources which was initiated prior to January 1, 2007, that has not been
approved by the commission pursuant to section
1806.4 of this Part;
(6) any source associated with a project
included in paragraphs (a)(2) through (5) of this section regardless of
quantity.
(b) A project, including any source of the project, that can be determined to have been required to seek commission review and approval under the pertinent regulations in place at the time is not eligible for registration as a grandfathered project.
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