Sec. 601.7. Initial permits

(a) This section applies to any person who operated a water withdrawal system with a capacity equal to or greater than the threshold volume as of February 15, 2012; reported their withdrawals to the department pursuant to ECL article 15, title 16 or title 33 on or before February 15, 2012; is not operating a public water supply; and is not exempt from the permit requirements pursuant to section 601.9 of this Part.

(b) Persons to whom this section applies under subdivision (a) of this section shall apply for an initial permit.

(1) Applications for initial permits shall be submitted on forms available from the department.

(2) A complete application for an initial permit shall be submitted by and in accordance with the following schedule: June 1, 2013 for water withdrawal systems that withdraw or are designed to withdraw a volume of 100 million gallons per day (mgd) or more; February 15, 2014 for water withdrawal systems that withdraw or are designed to withdraw a volume equal to or greater than 10 mgd but less than 100 mgd; February 15, 2015 for water withdrawal systems that withdraw or are designed to withdraw a volume equal to or greater than 2 mgd but less than 10 mgd; February 15, 2016 for water withdrawal systems that withdraw or are designed to withdraw a volume equal to or greater than 0.5 mgd but less than 2 mgd; February 15, 2017 for water withdrawal systems that withdraw or are designed to withdraw a volume equal to or greater than 0.1 but less than 0.5 mgd.

(3) Notwithstanding the schedule set forth in paragraph (2) of this subdivision, for a withdrawal that is specifically regulated as of February 15, 2012 under a SPDES permit or a permit issued under ECL article 15 (other than title 15), an initial permit application must be submitted either by June 1, 2013 or 180 days before the existing permit is scheduled to expire absent renewal, whichever occurs later. An initial permit application submitted under this paragraph (3) must specify in the cover correspondence and on the face of the application that it is being submitted in accordance with the 180-day deadline concerning one or more of the above-specified existing permits.

(c) Any person to whom this subpart does not apply due to a failure to report existing withdrawals as of February 15, 2012, shall submit a complete application for a permit in accordance with section 601.6 of this Part by June 1, 2013.

(d) An initial permit that is issued by the department under this subpart is for the withdrawal volume equal to the maximum withdrawal capacity reported to the department on or before February 15, 2012.

(e) An initial permit is for a fixed term not to exceed ten years. It includes all terms and conditions of a water withdrawal permit, including environmentally sound and economically feasible water conservation measures to promote the efficient use of supplies, and is subject to modification, suspension and revocation, pursuant to the requirements of this Part.

(f) Where the water withdrawal system listed in an initial permit application is associated with a project, facility, activity or use that is subject to a SPDES permit or another department permit, the department will review the initial permit application in coordination with the SPDES or other permit program, particularly with respect to any pending permit renewals.