N.Y. Comp. Codes R. & Regs. tit. 21 § 1806.15

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

Section 1806.15 - Notice of application

(a) Any project sponsor submitting an application to the commission shall provide notice thereof to the appropriate agency of the member state, each municipality in which the project is located, and the county planning agency of each county in which the project is located. The project sponsor shall also publish notice of submission of the application at least once in a newspaper of general circulation serving the area in which the project is located. The project sponsor shall also meet any of the notice requirements set forth in subdivisions (b) through (e) of this section, if applicable. All notices required under this section shall be provided or published no later than 10 days after the submission of the application to the commission and shall contain a description of the project, its purpose, the requested quantity of water to be withdrawn obtained from for sources other than withdrawals or consumptively used, and the address, electronic mail address, and phone number of the project sponsor and the commission. All such notices shall be in a form and manner as prescribed by the commission.

(b) For withdrawal applications submitted pursuant to section 1806.4(a)(2) of this Part, the project sponsor shall also provide the notice required under subdivision (a) of this section to each property owner listed on the tax assessment rolls of the county in which such property is located and identified as follows:

(1) for groundwater withdrawal applications, the owner of any property that is located within a one-half mile radius of the proposed withdrawal location;

(2) for surface water withdrawal applications, the owner of any property that is riparian or littoral to the body of water from which the proposed withdrawal will be taken and is within a one-half mile radius of the proposed withdrawal location.

(c) For projects involving a diversion of water out of the basin, the project sponsor shall also publish a notice of the submission of its application at least once in a newspaper of general circulation serving the area outside the basin where the project proposing to use the diverted water is located. For projects involving a diversion of water into the basin, the project sponsor shall also publish a notice of the submission of its application at least once in a newspaper of general circulation serving the area outside the basin where the withdrawal of water proposed for diversion is located.

(d) For applications submitted under section 1806.22(f)(13) of this Part for a public water supply source, the newspaper notice requirement contained in subdivision (a) of this section shall be satisfied by publication in a newspaper of general circulation in the area served by the public water supply.

(e) For applications submitted under section 1806.22(f)(13) of this Part for a wastewater discharge source, the newspaper notice requirement contained in subdivision (a) of this section shall be satisfied by publication in a newspaper of general circulation in each area within which the water obtained from such source will initially be used for natural gas development.

(f) For applications submitted under section 1806.22(f)(14) of this Part for a hydrocarbon water storage facility, the newspaper notice requirement contained in subdivision (a) of this section shall be satisfied by publication in a newspaper of general circulation in the area in which the facility is located.

(g) The project sponsor shall provide the commission with a copy of the United States Postal Service return receipt for the notifications to agencies of member states, municipalities and county planning agencies required under subdivision (a) of this section. The project sponsor shall also provide certification on a form provided by the commission that it has published the newspaper notice(s) required by this section and made the landowner notifications as required under subdivision (b) of this section, if applicable. Until these items are provided to the commission, processing of the application will not proceed. The project sponsor shall maintain all proofs of notice required hereunder for the duration of the approval related to such notices.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 1806.15