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 1806.44 - Determination of grandfathered quantities
Universal Citation: 21 NY Comp Codes Rules and Regs ยง 1806.44
Current through Register Vol. 46, No. 12, March 20, 2024
(a) For each registration submitted, the executive director shall determine the grandfathered quantity for each withdrawal source and consumptive use.
(b) In making a determination, the following factors should be considered:
(1) the withdrawal and use data and the peak
consecutive 30-day average shown by the data;
(2) the reliability and accuracy of the data
and/or the meters or measuring devices;
(3) determination of reasonable and genuine
usage of the project, including any anomalies in the usage;
(4) whether the grandfathered amount includes
an operational margin of safety; and
(5) other relevant factors.
(c) The executive director, in lieu of a determination under subdivision (b) of this section, may accept a previous grandfathering determination by the commission at the request of the project sponsor.
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