N.Y. Comp. Codes R. & Regs. tit. 6 § 601.5

Current through Register Vol. 46, No. 50, December 11, 2024

Section 601.5 - Annual reporting

(a) Any person who is subject to the permit requirements of section 601.6 or 601.7 of this Part (whether or not any such person has yet been required to submit an application for an initial permit pursuant to the provisions of section 601.7[b] of this Part), the agricultural registration requirements of section 601.17, the interbasin diversion registration requirements of section 601.18; hydropower facilities operating under a valid Federal Energy Regulating Commission license; Susquehanna River Basin Commission-approved water withdrawals or Delaware River Basin Commission-approved water withdrawals; and persons who are not otherwise exempt, must submit an annual water withdrawal report to the department under this section. Such annual report shall be submitted to the department by March 31 every year. The annual report shall be submitted on a form available from the department, based on the water withdrawals for the previous calendar year, and shall include all information requested by the department including but not be limited to the following:

(1) the water source, the location of the water source and the source capacity if known;

(2) the amount of water withdrawn for the reporting period, including the average and peak withdrawals, for monthly or other intervals specified by the department;

(3) a description of the use of the water withdrawn;

(4) the estimated amounts of water returned, if any, the locations of such returns, and the method of such returns;

(5) the actual or estimated average monthly and annual volumes and rates of water lost or consumptively used from the withdrawal; and

(6) the water conservation and efficiency measures undertaken during the reporting period.

(b) The following water withdrawals are exempt from the annual reporting requirements of this section:

(1) closed loop, standing column, or similar non-extractive geothermal systems;

(2) withdrawals subject to permits pursuant to ECL section 15-1527 and Part 602 of this Title for Long Island water wells;

(3) on-site water withdrawal systems for approved inactive hazardous waste remedial site programs conducted pursuant to State or Federal court order or State or Federal government agency agreement or order;

(4) withdrawals used for fire suppression or other public emergency purposes;

(5) direct withdrawals from the Atlantic Ocean or Long Island Sound;

(6) water withdrawals to supply ballast water necessary for lawful and normal vessel activity;

(7) water withdrawals directly related to routine maintenance and emergency repairs of dams; and

(8) reclaimed wastewater withdrawn for reuse.

(c) 2013 transition provision. Any person who submits an annual water withdrawal report to the department in compliance with the requirements of this section shall satisfy the registration and annual reporting provisions of ECL article 15, titles 16 and 33, respectively, until the effective date of the repeal of those titles, which is December 31, 2013, except that such person (unless making a withdrawal for an agricultural purpose registered pursuant to section 601.17 of the Part) shall continue to be subject to the two-year registration fee of $200, or the annual report fee of $50 pursuant to ECL article 15, title 16 or title 33, as applicable, until the effective date of their repeal. A person who must submit an annual report or an annual or biennial registration during calendar year 2013 pursuant to ECL article 15, title 16 and/or 33 should submit their report or registration in 2013 by or before the 2013 filing deadline there under, and shall begin in 2014 to submit their annual reports by or before March 31st in accordance with subdivision (a) of this section.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 601.5