21 CRR-NY 1806.44NY-CRR
21 CRR-NY 1806.44
21 CRR-NY 1806.44
1806.44 Determination of grandfathered quantities.
(a) For each registration submitted, the executive director shall determine the grandfathered quantity for each withdrawal source and consumptive use.
(b) In making a determination, the following factors should be considered:
(1) the withdrawal and use data and the peak consecutive 30-day average shown by the data;
(2) the reliability and accuracy of the data and/or the meters or measuring devices;
(3) determination of reasonable and genuine usage of the project, including any anomalies in the usage;
(4) whether the grandfathered amount includes an operational margin of safety; and
(5) other relevant factors.
(c) The executive director, in lieu of a determination under subdivision (b) of this section, may accept a previous grandfathering determination by the commission at the request of the project sponsor.
21 CRR-NY 1806.44
Current through May 31, 2021
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