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New York State Creates Statewide Water Supply Permit Program

Release Date: August 17, 2011

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The New York State Legislature passed a new Bill during the most recent session that significantly expands the statewide water permit system. When signed into law, Bill S3798 will cover large withdrawals of surface water or groundwater not already regulated by the Delaware or Susquehanna River Basin Commissions and will be administered by the New York State Department of Environmental Conservation (DEC).

DEC's Authority Expanded

Prior to the passage of S3798, DEC's authority over water withdrawals was restricted to drinking water supply systems. Under the new bill, all withdrawals of water over 100,000 gallons per day, including withdrawals by golf courses, ski operations, industrial and commercial operations, and for use in natural gas hydrofracking, among others, will require a DEC permit if they are not already regulated by the Delaware or Susquehanna River basin Commissions. Agricultural withdrawals are exempt from the permit program, but the Bill requires that agricultural withdrawals be registered with DEC by February 15, 2012. Withdrawals related to remediation of groundwater, if such remediation is occurring due to a Court Order or DEC or EPA Order, are also exempt from permitting requirements. There is no stated exemption for short-term or temporary water withdrawals.

Effective Date

While S3798 as written includes an effective date of February 15, 2012 for the permitting program, the Bill also includes language requiring the DEC to promulgate the regulations required to implement the permit program. If the DEC fails to promulgate the requisite permit regulations on time, implementation will be delayed.

Permit Scope and Parameters

Water withdrawals subject to the permit program are those greater than 100,000 gallons per day (gpd). Permits will have a term of no more than ten years. All previous public water supply permits or approvals issued by DEC or its predecessors will remain in effect for purposes of satisfying the new permit requirement.

DEC regulations will establish:

· minimum standards for construction and operation of water withdrawal systems;

· monitoring, reporting and recordkeeping requirements;

protections for the water supply, including (more...)

For more information regarding the new water permitting requirements under S3978, as well as other New York State environmental regulations, please contact Dennis P. Harkawik at dharkawik@jaeckle.com or 716.843.3848.

This Jaeckle Alert, prepared by the attorneys at Jaeckle Fleischmann & Mugel, LLP, is intended for general information purposes only and should not be considered legal advice or an opinion on specific facts. For more information on these issues, contact one of the attorneys listed above or your existing Firm contact. Prior results do not guarantee a similar outcome. The invitation to contact is not a solicitation for legal work in any jurisdiction in which the contacted attorney is not admitted to practice. Any attorney/client relationship must be confirmed in writing.