New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Chapter XXIX - Susquehanna River Basin Commission
Part 1806 - Review And Approval Of Projects
Terms and Conditions of Approval
Section 1806.34 - Emergencies
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Emergency certificates. The other requirements of these regulations notwithstanding, in the event of an emergency requiring immediate action to protect the public health, safety and welfare or to avoid substantial and irreparable injury to any person, property, or water resources when circumstances do not permit a review and determination in the regular course of the regulations in this Part, the executive director, with the concurrence of the chairperson of the commission and the commissioner from the affected member state, may issue an emergency certificate authorizing a project sponsor to take such action as the executive director may deem necessary and proper in the circumstances, pending review and determination by the commission as otherwise required by this Part.
(b) Notification and application. A project sponsor shall notify the commission, prior to commencement of the project, that an emergency certificate is needed. If immediate action, as defined by this section, is required by a project sponsor and prior notice to the commission is not possible, then the project sponsor must contact the commission within one business day of the action. Notification may be by certified mail, facsimile, telegram, mailgram, or other form of written communication. This notification must be followed within one business day by submission of the following:
(c) Emergency certificate issuance. The executive director shall:
(d) Post approval. Actions following issuance of emergency certificates may include, but are not limited to, the following:
(e) Early termination. With the concurrence of the chairperson of the commission and the commissioner from the affected member state, the executive director may terminate an emergency certificate earlier than the specified duration if it is determined that an emergency no longer exists and/or the certificate holder has not complied with one or more special conditions for the emergency withdrawal or consumptive water use.
(f) Restoration or mitigation. Project sponsors are responsible for any necessary restoration or mitigation of environmental damage or interference with another user that may occur as a result of the emergency action.