N.Y. Comp. Codes R. & Regs. tit. 21 § 1806.6

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

Section 1806.6 - Transfer of approvals

(a) An existing commission approval may be transferred to a new project sponsor by the executive director provided:

(1) The application for transfer is submitted within 90 days of a transfer or change in ownership of a project.

(2) The new project sponsor operates the project subject to the same terms and conditions of the existing approval pending approval of the transfer application.

(3) Any noncompliance by the existing project sponsor associated with the project or by the new project sponsor associated with other projects is resolved to the commission's satisfaction.

(4) If the existing approval is greater than 10 years old, the transfer shall be conditioned to require the submission of an updated metering and monitoring plan consistent with the requirements of section 1806.30 of this Part.

(5) If the existing project has an unapproved withdrawal, consumptive use and/or diversion listed in subdivision (b) of this section, the transfer shall be conditioned to require the submission of a new application for review and approval of the unapproved withdrawal, consumptive use and/or diversion consistent with sections 1806.4 and 1806.14 of this Part.

(6) Any modifications proposed by the new project sponsor shall be subject to a separate application and review process under sections 1806.14 and 1806.18 of this Part.

(b) Previously unapproved activities associated with a project subject to transfer under subdivision (a) of this section include:

(1) The project has an associated pre-compact consumptive water use that has not been subject to approval or had mitigation approved by the commission.

(2) The project has an associated diversion that was initiated prior to January 23, 1971.

(3) The project has an associated groundwater withdrawal that was initiated prior to July 13, 1978, and that has not been approved by the commission.

(4) The project has an associated surface water withdrawal that was initiated prior to November 11, 1995, and that has not been approved by the commission.

(5) The project has a consumptive water use approval and has an associated withdrawal that has not been approved by the commission.

(6) The project is registered under sections 1806.40 -1806.45 of this Part.

(c) Upon undergoing a change of name that does not affect ownership or control of the project, the project sponsor must request a reissuance of the project's approval by the executive director within 90 days from the date of the change.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 1806.6