N.Y. Comp. Codes R. & Regs. tit. 21 § 1806.30

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

Section 1806.30 - Monitoring

The commission, as part of the project review, shall evaluate the proposed methodology for monitoring consumptive uses, water withdrawals and mitigating flows, including flow metering devices, stream gages, and other facilities used to measure the withdrawals or consumptive use of the project or the rate of stream flow. If the commission determines that additional flow measuring, metering or monitoring devices are required, these shall be provided at the expense of the project sponsor, installed in accordance with a schedule set by the commission, be accurate to within five percent, and shall be subject to inspection by the commission at any time.

(a) Project sponsors of projects that are approved under this Part shall:

(1) measure and record on a daily basis, or such other frequency as may be approved by the commission, the quantity of all withdrawals, using meters or other methods approved by the commission;

(2) certify, at the time of installation and no less frequently than once every five years, the accuracy of all measuring devices and methods to within five percent of actual flow, unless specified otherwise by the commission;

(3) maintain metering or other approved methods so as to provide a continuous, accurate record of the withdrawal or consumptive use;

(4) measure groundwater levels in all approved production wells, as specified by the commission;

(5) measure groundwater levels at additional monitoring locations, as specified by the commission;

(6) measure water levels in surface storage facilities, as specified by the commission;

(7) measure stream flows, passby flows or conservation releases, as specified by the commission, using methods and at frequencies approved by the commission.

(b) Reporting.

(1) Project sponsors whose projects are approved under this section shall report to the commission on a quarterly basis on forms and in a manner prescribed by the commission all information recorded under subdivision (a) of this section, unless otherwise specified by the commission.

(2) Project sponsors whose projects are approved under this section shall report to the commission:

(i) violations of withdrawal limits and any conditions of approvals, within five days of such violation;

(ii) loss of measuring or recording capabilities required under paragraph (a)(1) of this section, within five days after any such loss.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 1806.30