1 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
2 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
3 3 Water Withdrawal Program Overview
4 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
5 “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.
6 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.
7 What Do We Do With Withdrawal Data?
8 8 NYSDEC – SRBC Memorandum of Understanding
9 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.
10 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.
11 11 Program Similarities and Differences
12 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.
13 Program Differences NYS DEC SRBC • Water withdrawals of 100,000 GPD or more over 30 day average Regulatory • Capacity to withdraw 100,000 GPD Consumptive Use of 20,000 GPD or (69.4 GPM) or greater more over 30 day average Threshold • Diversions of 20,000 GPD or more over 30 day average Applicants provide paper and • electronic copies of PE stamped Project Information form submitted Application Process engineering report and associated to SRBC prior to application • application forms to Regional Online process for applications Permit Administrators Water withdrawal reporting forms submitted by paper or Withdrawal data submitted on a Data Reporting electronically on an annual basis. quarterly basis through the Withdrawal data is collected in a Monitoring Data Website. central database.
14 14 Water Conservation in New York State
15 Water Conservation Plans
16 Water Conservation Plans
17 Water Conservation Plans
18 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.
19 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.
20 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.
21 Resources
22 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
23 23 State Environmental Quality Review Act (SEQR)
24 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
25 25 SEQR Tools and Coordination with DEC
26 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
27 27 Article 15, Part 608, Protection of Waters
28 Article 15, Part 608, Protection of Waters Disturbance of Navigable Waters protected streams • Excavation or Fill below the mean high water • Classes AA, AA(t), B, mark B(t), C(t), and any streams with trout spawning (ts) Dams or 401 Water Quality impoundments Certifications • 15 ft ht and 1 million gal • Individual permit required from US Army • 6 ft ht and 3 million gal Corps of Engineers • Over 401 WQC blanket associated with Nationwide Permit
29 29 Article 24 , Part 663, Freshwater Wetlands
30 Article 24 , Part 663, Freshwater Wetlands Freshwater Wetland Regulated Activity • Classes I – III • Draining, dredging, excavation, mining, • Associated Adjacent filling, pilings, clear Area (100 foot cutting, grading buffer) • Water lines, all • DEC wetland maps utilities, buildings, and delineation tanks, wells, roads • Activity which substantially impairs any of the several functions or benefits of the wetland
31 31 Part 182 Endangered and Threatened Species of Fish and Wildlife, Species of Special Concern, Incidental Take Permits
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