N.Y. Comp. Codes R. & Regs. tit. 6 § 601.12

Current through Register Vol. 46, No. 45, November 2, 2024

Section 601.12 - General provisions of a water withdrawal permit

The following provisions apply to water withdrawal permits including public water supply permits issued prior to April 1, 2013:

(a) The water withdrawal system shall not supply or be committed to supply water beyond the amounts approved by the department.

(b) The permittee shall, at all times, properly operate and maintain all facilities which are installed or used by the permittee to achieve compliance with the conditions of the permit.

(c) The permittee shall ensure that the intake structure for any surface water withdrawal is designed and maintained to sustain any passby flow requirement established in the permit.

(d) The water withdrawal permit, or a true copy, shall be kept readily available for reference at the facility.

(e) Upon issuance of a water withdrawal permit, a determination has been made on the basis of a submitted application, plans, or other available information, that compliance with the specified permit provisions will protect classified water use and assure compliance with applicable water quality standards. Satisfaction of permit provisions notwithstanding, if operation pursuant to the permit causes or contributes to a condition in contravention of State water quality standards or guidance values, or if the department determines that a modification of the permit is necessary to prevent impairment of the best use of the waters or to assure maintenance of water quality standards, the department may require such a modification and the commissioner may require abatement action to be taken by the permittee and may also prohibit such operation until the permit has been modified pursuant to section 601.15 of this Part.

(f) The provisions of a water withdrawal permit are severable, and if any provision of the permit, or the application of any provision of the permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of the permit, shall not be affected thereby.

(g) For a withdrawal that originates within the jurisdiction of a compact basin commission, the withdrawal must also comply with any applicable water withdrawal standards or requirements of that compact basin commission.

(h) The permittee must comply with all terms and conditions of the permit. Any permit noncompliance constitutes a violation of the ECL and this Part and is grounds for: enforcement action; permit suspension, revocation or modification; and denial of a permit renewal application.

(i) Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the department, the permittee shall promptly submit such facts or corrected information to the department.

(j) It shall not be a defense, for a permittee in an enforcement action, that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit.

(k) The filing of a request by the permittee for a permit modification, termination, transfer, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition.

(l) The permittee shall furnish to the department, within a reasonable time as set forth in the department request, any information that the department may request to determine whether cause exists for modifying, suspending, or revoking a water withdrawal permit, or to determine compliance with the permit. The permittee shall also furnish to the department, upon request, copies of records required to be kept by the permittee.

(m) Nothing in a water withdrawal permit relieves the permittee from a requirement to obtain any other permits required by law.

(n) The issuance of a water withdrawal permit by the department and the receipt thereof by the permittee does not supersede, revoke or rescind an order on consent or modification thereof or any of the terms, conditions or requirements contained in such order or modification thereof unless specifically intended by said order or a modified order.

(o) The issuance of a water withdrawal permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations; nor does it obviate the necessity of obtaining the assent of any other jurisdiction as required by law for the water withdrawal authorized.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 601.12