NYSDEC Water Withdrawal Permitting Regulations Update
The New York State Department of Environmental Conservation (NYSDEC) issued a new water withdrawal law which became effective in August 2011, and issued regulations in April 2013 for any potable and non-potable water withdrawal systems having a capacity to withdraw 100,000 gallons per day or more of surface water, groundwater or a combination thereof. Existing facilities under the program will obtain “Initial” Permits, whereas new withdrawals will be issued “New” Permits.
The regulation does not apply to public water supplies; and phases in facilities over a 5 year program with largest withdrawing facilities submitting first.
| Withdrawal Capacity | Submission Deadline |
| 100 Million Gallons Per Day and Greater | June 1, 2013 |
| 10-100 Million Gallons Per Day | February 15, 2014 |
| 2.0-10 Million Gallons Per Day | February 15, 2015 |
| 0.5-2.0 Million Gallons Per Day | February 15, 2016 |
| 0.1-0.5 Million Gallons Per Day | February 15, 2017 |
Facilities with withdrawals for agricultural purposes that prior to 2/15/2012 were registered with DEC are exempt from permitting. Agricultural facilities that were not registered with DEC prior to 2/15/2012 or did not submit annual water usage data to DEC by that date are not exempt from permitting.
Withdrawals used for fire suppression or other public emergency purposes are not subject to permitting.
Information regarding the program is available on the NYSDEC website at http://www.dec.ny.gov/lands/86935.html. C.T. Male Associates’ Environmental Services Division staff routinely assists our clients with permitting and compliance issues, including obtaining Water Withdrawal Permits. To speak with one of our staff Engineers knowledgeable about auditing practices, please contact Joe Farron at 518-786-7471 or via email at [email protected].