N.Y. Comp. Codes R. & Regs. tit. 21 § 1806.44

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

Section 1806.44 - Determination of grandfathered quantities

(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.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 1806.44