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Water Withdrawal Regulation and Conservation

in New York State and the SRBC John Hock, P.E.

Professional Engineer 1 - Division of Water, Albany

Kimberly Merchant

Deputy Permit Administrator - Division of Environmental Permits, Avon

May 8, 2019

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Presentation Overview

1. Water Withdrawal Program Overview

2. NYSDEC – SRBC Memorandum of Understanding

3. Program Similarities and Differences

4. Water Conservation in New York State

5. State Environmental Quality Review Act (SEQR)

6. SEQR Tools and Coordination with DEC

7. Article 15, Part 608 – Protection of Waters

8. Article 24, Part 663 – Freshwater Wetlands

9. Part 182 Endangered and Threatened Species of Fish and

Wildlife

10. DEC/SRBC Points

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Water Withdrawal

Program

Overview

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Program History

• State Water Supply Commission: 1905 to 1911

• State Conservation Commission: 1911 to 1921

• Water Power Commission: 1921 to 1922

• Water Control Commission: 1922 to 1926

• Water Power & Control Commission: 1927 to 1960

• Water Resources Commission: 1960 to 1970

• Now – NYSDEC Division of Water - Water Withdrawal Program

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“New” Water Withdrawal Law Signed by Governor Cuomo on 8/15/11

• Authorizes DEC to regulate water withdrawal systems with the

capacity to withdraw 100,000 gpd or more.

• Establishes a permitting, registration, and reporting program for

water withdrawal systems with a capacity equal to or greater than

the 100,000 gpd threshold.

• Fulfills New York’s responsibility under the Great Lakes-St.

Lawrence River Basin Water Resources Compact.

• Exempts certain withdrawals, including withdrawals that are:

approved by the DRBC or SRBC; or covered by Long Island Well

permits.

• Effective date of 2/15/12 for public water supply. §15-1501(2)

• Regulations effective 4/1/13 for non potable withdrawals.

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Who Needs a Permit in New York? (Outside of SRBC and DRBC)

• All Systems with a Total Withdrawal Capacity of 100,000 gallons per day (approx. 70 GPM) or greater.

• Capacity – “The capacity is the total withdrawal of all sources for a facility, independent of how they are plumbed or their designation, such as for redundancy, etc. Capacity is determined by summing the maximum potential withdrawal of all the water source(s), not by the typical or actual withdrawal.”

• “All Systems” includes: previously permitted Public Water Supplies & public systems previously deemed pre-jurisdictional, new non-potable facilities (industrial facilities, mines, golf courses, etc.), state and federal facilities and new farms (or new non-replacement sources).

• Some exemptions provided in regulations.

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What Do We Do With Withdrawal Data?

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NYSDEC – SRBC

Memorandum of

Understanding

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SRBC Memorandum of Understanding

• The SRBC overlaps with DEC regions 4, 6, 7, 8, and 9.

• SRBC – NYSDEC Memorandum of Understanding (MOU) finalized

April 2015 details application review process and coordination

between DEC and SRBC.

• SRBC reviews projects in the basin, DEC has the opportunity to

provide comments and technical assistance if needed.

• DEC and SRBC provide each other copies of water withdrawal

approvals issued for projects located within the basin.

• DEC will issue a permit if the DEC threshold is met, but the

SRBC/DRBC threshold is not met.

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Data Sharing

• DEC compiles withdrawal data from facilities & water suppliers on

an annual basis. Reporting data includes source capacities/yield,

average daily withdrawals, max daily withdrawals, monthly

withdrawals, consumptive use, and water transfers/purchases.

• DEC will provide all project water use data to the Commission on an

annual basis.

• DEC will notify the Commission of projects that report water

withdrawal use greater than 100,000 gallons per day that are not

currently approved by the Commission.

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Program

Similarities and

Differences

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Program Similarities

• Permit water withdrawers in New York State.

• Write permits/approvals for public water supplies and non-public

water withdrawal facilities.

• Require detailed withdrawal information from applicants prior to

making a decision.

• Keep track of water withdrawal data.

• Encourage water conservation.

• Use of low flow conditions to protect aquatic resources and

downstream users.

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Program Differences

NYS DEC SRBC

Regulatory Threshold

Capacity to withdraw 100,000 GPD (69.4 GPM) or greater

• Water withdrawals of 100,000 GPD or more over 30 day average

• Consumptive Use of 20,000 GPD or more over 30 day average

• Diversions of 20,000 GPD or more over 30 day average

Application Process

Applicants provide paper and electronic copies of PE stamped

engineering report and associated application forms to Regional

Permit Administrators

• Project Information form submitted to SRBC prior to application

• Online process for applications

Data Reporting

Water withdrawal reporting forms submitted by paper or

electronically on an annual basis. Withdrawal data is collected in a

central database.

Withdrawal data submitted on a quarterly basis through the Monitoring Data Website.

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Water

Conservation in

New York State

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Water Conservation Plans

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Water Conservation Plans

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Water Conservation Plans

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Metering Permit Conditions

• Meter all Sources and Customers: The permittee must install and maintain meters on all sources of supply used in the system and on all customer service connections supplied by the system. Source master meters are to be read, and records kept of those readings on a weekly basis. At a minimum, customer service meters are to be read, and records kept of those readings, at least once per year. The permittee must maintain records of production (master meter readings) and consumption (service meter readings) for each calendar year.

• Meter Calibration for Publicly Owned Systems: At least once every fifteen years, the permittee must have all of its small service connection meters (less than 1-inch in diameter) calibrated for accuracy according to standards of the American Water Works Association (AWWA). Larger service meters and all source meters must be calibrated more frequently, based upon the AWWA standards for the size of the meter used.

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Leak Detection and Repair Permit Conditions

Leak Detection and Repair Program

The permittee must develop and implement a leak detection and repair

program that uses sonic detection equipment to inspect its entire

distribution system in a systematic fashion. At a minimum, this program

must cover the entire system in a three-year cycle by inspecting at least

one-third of the system each year. Whenever two consecutive annual

water audits show that unaccounted-for water is 15% or less of system

production, the leak detection and repair program may be modified to

cover the entire system in a longer cycle.

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Water Audit Permit Conditions

Conduct Water Audits

At least once annually, the permittee must conduct a system-wide water

audit that utilizes metered water production and consumption data to

determine unaccounted-for water.

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Resources

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Conservation - How do we promote it?

What can you do as a supplier?

• Education

• Fixture replacement/rebate programs

• Conservation rate structures

• Local regulations for irrigation and other non-potable use

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State

Environmental

Quality Review

Act (SEQR)

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State Environmental Quality Review Act (SEQR)

• SEQR Action

• Undertake

• Fund

• Approve

• DEC Involved Agency

• Not for Water Supply in SRBC

• Not for Drinking H2O SRF

• For Approvals if Needed

Article 24 FWW

Article 15 Protection of Waters

Part 182 – Endangered Threatened Species

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SEQR Tools and

Coordination with

DEC

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SEQR Tools and Coordination with DEC

DEC’s Resource Mapper

• https://www.dec.ny.gov/animals/38801.html

SEQR Environmental Assessment Forms

• http://www.dec.ny.gov/eafmapper/

• Partially populates form

Lead Agency Coordination

Pump Test Protocol review

• Critical if withdrawal is in or near regulated FWW or protected stream

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Article 15, Part

608, Protection of

Waters

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Article 15, Part 608, Protection of Waters

Disturbance of protected streams

•Classes AA, AA(t), B, B(t), C(t), and any streams with trout spawning (ts)

Navigable Waters

•Excavation or Fill below the mean high water mark

Dams or impoundments

•15 ft ht and 1 million gal

•6 ft ht and 3 million gal

401 Water Quality Certifications

•Individual permit required from US Army Corps of Engineers

•Over 401 WQC blanket associated with Nationwide Permit

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Article 24 , Part

663, Freshwater

Wetlands

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Article 24 , Part 663, Freshwater Wetlands

Freshwater Wetland

• Classes I –III

• Associated Adjacent Area (100 foot buffer)

• DEC wetland maps and delineation

Regulated Activity

• Draining, dredging, excavation, mining, filling, pilings, clear cutting, grading

• Water lines, all utilities, buildings, tanks, wells, roads

• Activity which substantially impairs any of the several functions or benefits of the wetland

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Part 182 Endangered and

Threatened Species of

Fish and Wildlife, Species

of Special Concern,

Incidental Take Permits

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Resource Mapper ( not specific)

If present, Request for Determination of whether activity is subject to regulation

Site Surveys, Request for project info. may be needed

Avoidance, Minimization, Takings Permit (last resort)

Examples

• Bald Eagle nests

• E&T mussels in streams

• E&T bird, reptile, etc. species along water line routes

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DEC/SRBC Points

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DEC/SRBC Points

• Pump test plan submitted

• Applications submitted

• Site visits

• DEC/SRBC engagement

• Hydrological reviews where NYS FWW

• Passby review when regulated or sensitive streams see

TOGS 1.3.12: https://www.dec.ny.gov/regulations/2652.html

• E&T species and habitat concerns

• NYS Commissioner to SRBC vote at SRBC business meeting

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Questions? Thank You • John Hock, P.E.

Professional Engineer 1

625 Broadway, Albany NY

John.Hock@dec.ny.gov

518-402-8197

• Kimberly Merchant

Deputy Permit Administrator, R8

6274 East Avon-Lima Rd, Avon NY

Kimberly.Merchant@dec.ny.gov

585-226-5392

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