Administrative Agreements with Federal and State regulatory agencies concerned with the review of projects under Federal or State law as follows:

(a) To facilitate the submission and review of applications and the determinations required under section 3.8 of the Compact.

(b) To avoid unnecessary duplication of staff functions and hearings required by law.

(c) For such other and different purposes as he may deem feasible and advantageous for the administration of the Compact or any other law.

(d) Provided that any such Administrative Agreement shall be effective solely for purposes of intergovernmental cooperation and the failure of any applicant to comply with the provisions of any such agreement shall not prejudice his application or the consideration thereof.

§ 401.34 Submission of project required.

Any project which may have a substantial effect on the water resources of the basin, except as provided in paragraph (d) of this section, shall be submitted to the Commission for a determination as to whether the project Iwill have a substantial effect on the water resources of the basin and, if so, whether the project impairs or conflicts with the Comprehensive Plan, as follows:

(a) Where the project is subject to review by a State or Federal agency which has entered into an Administrative Agreement with the Commission, such project will be referred to the Commission in accordance with the terms of the Administrative Agreement, and appropriate instructions will be prepared and issued by the Executive Director for guidance of project sponsors and applicants.

(b) Where no other State or Federal agency has jurisdiction to review and approve a project, or no Administrative Agreement is in force, the project sponsor shall apply directly to the Commission.

(c) Any project proposal which may have a substantial effect on the water resources of the basin may be received and reviewed by the staff informally in conference with the project sponsor

during the preliminary planning phase to assist the sponsor to develop the project in accordance with the Commission's requirements.

(d) Whenever a project sponsored by one of the signatory parties, or by any agency, political subdivision or public corporation thereof, has been included in the Water Resources Program in the "A" list classification, the project, to the extent of such inclusion and as described in the Program, shall be deemed approval for the purposes of section 3.8 of the Compact.

(e) Whenever a project is subject to review and approval by the Commission under this section, there shall be no substantial construction activity thereon, including related preparation of land, unless and until the project has been approved by the Commission: Provided, however, That this prohibition shall not apply to the drilling of wells for purposes of obtaining geohydrologic data, nor to in-plant control and pretreatment facilities for pollution abatement.

§ 401.35 Classification of projects for review under section 3.8 of the Compact.

(a) Except as the Executive Director may specially direct by notice to the project owner or sponsor, or as a State or Federal agency may refer under paragraph (c) of this section, a project in any of the following classifications will be deemed not to have a substantial effect on the water resources of the basin and is not required to be submitted under section 3.8 of the compact:

(1) The construction of new impoundments or the enlargement or removal of existing impoundments, for whatever purpose, when the storage capacity is less than 100 million gallons.

(2) A withdrawal from ground water for any purpose when the daily average gross withdrawal during any calendar month does not exceed 100,000 gallons.

(3) A withdrawal from impoundments or running streams for any purpose when the daily average gross withdrawal during any calendar month does not exceed 100,000 gallons.

(4) The construction of new municipal sewage treatment facilities or alteration or addition to existing municipal sewage treatment facilities when

the design capacity of such facilities is less than a daily average rate of 10,000 gallons per day in the drainage area to Outstanding Basin Waters and Significant Resource Waters or less than 50,000 gallons per day elsewhere in the Basin; and all local sewage collector systems and improvements discharging into authorized trunk sewage systems.

(5) The construction of new facilities or alteration or addition to existing facilities for the direct discharge to surface or ground waters of industrial wastewater having design capacity of less than 10,000 gallons per day in the drainage area to Outstanding Basin Waters and Significant Resource Waters or less than 50,000 gallons per day elsewhere in the Basin; except where such wastewater contains toxic concentrations of waste materials.

(6) A change in land cover on major ground water infiltration areas when the amount of land that would be altered is less than three square miles.

(7) Deepening, widening, cleaning or dredging existing stream beds or relocating any channel, and the placement of fill or construction of dikes, on streams within the basin except the Delaware River and tidal portions of tributaries thereto, and streams draining more than one state.

(8) Periodic maintenance dredging. (9) Encroachments on streams within the basin caused by:

(i) Floating docks and anchorages and buoys and navigational aids.

(ii) Temporary construction such as causeways, cofferdams and falsework required to facilitate construction on permanent structures.

(10) Bridges and highways unless they would pass in or across an existing or proposed reservoir or recreation project areas shown in the Comprehensive Plan.

(11) Liquid petroleum products pipelines and appurtenances designed to operate under pressures less than 150 psi; local electric distribution lines and appurtenances; local communication lines and appurtenances; local natural and manufactured gas distribution lines and appurtenances; local water distribution lines and appurtenances; and local sanitary sewer mains, unless such lines would involve significant

disturbance of ground cover affecting water resources.

(12) Electric transmission or bulk power system lines and appurtenances; major trunk communication lines and appurtenances; natural and manufactured gas transmission lines and appurtenances; major water transmission lines and appurtenances, unless they would pass in, on, under or across an existing or proposed reservoir or recreation project area as shown in the Comprehensive Plan, unless such lines would involve significant disturbance of ground cover affecting water resources.

(13) Liquid petroleum products pipelines and appurtenances designed to operate under pressures of more than 150 psi, unless they would pass in, on, under or across an existing or proposed reservoir or recreation project area as shown in the Comprehensive Plan, or in, on, under or across any stream within the basin, unless such lines would involve significant disturbance of ground cover affecting water resources.

(14) Landfill projects limited to disposal of solid inert wastes such as earth, rock, gravel, concrete, asphalt paving fragments, glass, plaster, plasterboard, rubber products, steel mill slag, clay, clay products, plastics, asbestos shingles, and similar materials, unless such projects are located on flood plains delineated by the Commission or a signatory State.

(15) Landfill projects which may contain organic or liquid wastes that have a substantial effect on water resources of the Basin, unless, no state-level review and permit system is in effect; broad regional consequences are anticipated; or the standards or criteria used in state-level review are not adequate to protect the waters of the Basin for the purposes prescribed in the Comprehensive Plan.

(16) Draining, filling, or otherwise altering marshes or wetlands when the area affected is less than 25 acres: Provided, however, That areas less than 25 acres shall be subject to Commission review and action (i) where neither a State nor a Federal level review and permit system is in effect, and the Executive Director determines that a

project is of major regional or interstate significance requiring action by the Commission, or (ii) when a Commissioner or the Executive Director determines that the final action of a State or Federal permitting agency may not adequately reflect the Commission's policy as to wetlands of the basin. In the case of a project affecting less than 25 acres for which there has been issued a State or Federal permit, a determination to undertake review and action by the Commission shall be made no later than 30 days following notification of the Commission of such permit action. The Executive Director, with the approval of the chairman, may at any time within the 30-day period inform any permit- holder, signatory party, or other interested party that the Commission will decline to undertake review and action concerning any such project.

(17) The diversion or transfer of water from the Delaware River Basin (exportation) whenever the design capacity is less than a daily average rate of 100,000 gallons.

(18) The diversion or transfer of water into the Delaware River Basin (importation) whenever the design capacity is less than a daily average rate of 100,000 gallons except when the imported water is wastewater.

(19) The diversion or transfer of wastewater into the Delaware River Basin (importation) whenever the design capacity is less than a daily average rate of 50,000 gallons.

(b) All other projects which have or may have a substantial effect on the water resources of the basin shall be submitted to the Commission in accordance with the regulations in this part for determination as to whether the project will have a substantial effect on the water resources of the basin and, if so, whether the project impairs or conflicts with the Comprehensive Plan. Among these are projects involving the following (except as provided in paragraph (a) of this section):

(1) Impoundment of water.
(2) Withdrawal of ground water.

(3) Withdrawal of water from impoundment or streams.

(4) Diversion of water into or out of the basin.

(5) Deepening or widening of existing stream beds, channels, anchorages, harbors or turning basins, or the construction of new or enlarged channels, anchorages, harbors or turning basins, or the dredging of the bed of any stream or lake and disposal of the dredged spoil, when the nature or location of the project would affect the quantity or quality of ground or surface waters, or fish and wildlife habitat.

(6) Discharge of pollutants into waters of the basin.

(7) Facilities designed to intercept and transport sewage to a common point of discharge; and pipelines and electric power and communication

lines.

(8) Facilities for the direct discharge to surface or ground waters of industrial wastewater.

(9) Projects, that substantially encroach upon the stream or upon the 100-year flood plain of the Delaware River or its tributaries.

(10) Change in land cover on major groundwater infiltration areas.

(11) Hydroelectric power projects, including pumped storage projects.

(12) Projects or facilities of Federal, State and local agencies such as highways, buildings and other public works and improvements, affecting the water and related land resources of the basin.

(13) Draining, filling or otherwise altering marshes or wetlands.

(14) Regional wastewater treatment plans developed pursuant to the Federal Water Pollution Control Act.

(15) Landfills and solid waste disposal facilities affecting the water resources of the Basin.

(16) State and local standards of flood plain regulation.

(17) Electric generating or cogenerating facilities designed to consumptively use in excess of 100,000 gallons per day of water during any 30-day period.

(18) Any other project that the Executive Director may specially direct by notice to the project sponsor or land owner as having a potential substantial water quality impact on waters classified as Special Protection Waters.

(c) Whenever a State or Federal agency determines that a project falling within an excluded classification

(as defined in paragraph (a) of this section) may have a substantial effect on the water resources of the basin, such project may be referred by the State or Federal agency to the Commission for action under the regulations in this part.

(d) Except as otherwise provided by § 401.40 the sponsor shall submit an application for review and approval of a project included under paragraph (b) of this section through the appropriate agency of a signatory party. Such agency will transmit the application or a summary thereof to the Executive Director, pursuant to Administrative Agreement, together with available supporting materials filed in accordance with the practice of the agency of the signatory party. The Executive Director will thereupon determine for the Commission whether or not the proposed project could have a substantial effect upon the water resources of the basin within the meaning of the Compact and the Rules of Practice and Procedure. In making such determination the Executive Director shall be guided by his findings as to the following factors:

(1) The impact of the project on environmentally sensitive land areas species of plant or animal life.

or

(2) The potential of the project and its distribution or collection systems to induce significant changes in numbers, distribution or character of population or economic activity.

(3) The magnitude of proposed water withdrawal or waste discharge in relation to minimum streamflow, aquifer yield or water quality.

(4) The size of the project and distribution or collection system and areal extent and duration of its environmental impact.

(5) The effect of the project on public health, safety or general welfare, and historic and cultural properties.

(6) The effect of the project on surface or groundwaters in another state. (7) The effect of the project on transfers of water into or out of the basin or from one sub-basin to another.

(8) The cost of the project and nature and magnitude of resources required for its implementation.

(9) The effect of the project on flood flows and storm water runoff.

(10) Any other facts which in a particular case may be relevant to the protection of the integrity of the Comprehensive Plan.

(11) The impact of the project on aquatic life including fisheries.

(e) Projects determined by the Executive Director to have a substantial effect will be subject to approval by the Commission pursuant to section 3.8 and Article 11 of the Compact (to the extent applicable). Projects determined by the Executive Director not to have a substantial effect on the water resources of the basin will not be subject to further review or action by the Commission. The Executive Director shall notify the sponsor of the project, the agency of the signatory party reviewing the project, and the governing body of the municipality, and the planning board of the county in which the project is located of his initial determination on the question of substantial effect. Notice to such interested parties shall be given by certified mail, return receipt requested. The Executive Director shall also notify by regular mail all members of the Commission and of the Federal Field Committee. He shall also cause to be published in a newspaper of general circulation in that municipality, at least once, a notice of such determination. If no objection is made to the Executive Director's initial determination, it shall become final ten days after publication as above. Any interested party objecting to the determination may, within ten days of the newspaper publication, object to such determination and appeal to the Executive Director by letter for reconsideration. Following such reconsideration, if requested, the Executive Director shall serve notice upon the agency of the signatory party, the applicant and each such objector of his final determination. Any such party may appeal such final determination to the Commission by notice in writing served upon the Executive Director within 14 days after the service of the

Executive Director's decision upon reconsideration. The Commission will determine such appeal at a regular meeting thereafter.

[39 FR 25474, July 11, 1974, as amended at 42 FR 15311, Mar. 21, 1977; 43 FR 38816, Aug. 31, 1978; 55 FR 52168, Dec. 20, 1990; 56 FR 30502, July 3, 1991; 56 FR 37954, Aug. 9, 1991; 57 FR 60470, Dec. 21, 1992; 57 FR 59908, Dec. 17, 1992; 59 FR 11458, Mar. 10, 1994]

projects-regional requirements.

(a) The use of regional solutions to water pollution problems, with the least number of separate treatment plants which may be efficient in the particular circumstance, is required whenever feasible. Each waste treatment project shall be submitted to the Commission not later than the completion of preliminary engineering for review of its compliance with this and other requirements of the Comprehensive Plan.

(b) In reviewing a project for compliance with this section, the Commission will consider the following matters, comparing regional versus separate treatment systems:

(1) Construction costs and economies of various scales of development.

(2) Operating costs and economies of various scales of operation.

(3) Capability of handling industrial wastes with and without pretreatment. (4) Capability to assimilate high peak flows and temporary shock loads or emergency conditions.

(5) Space and facilities for sludge disposal.

(6) Personnel skills required and their availability for operation and supervision.

(7) Capacity to absorb growth, and the relative times required to place a separate and a regional system in operation.

(8) Desirability of the site selection alternatives for the treatment plant in view of considerations of efficiency of land use, potential service area and relative transmission distances.

(9) The effect for a reasonable distance downstream on the quality of the receiving waters.

(10) Effectiveness of the proposal in identifying all sources of pollution and in achieving a coordinated, comprehen

sive and orderly plan for abatement of pollution in the region.

(c) A preliminary engineering report shall accompany each application and shall include factual findings and conclusions with respect to paragraphs (b)(1) through (8) of this section.

(d) For the purpose of the regulations in this part, a region is defined to mean one or more drainage areas or parts thereof. A regional solution is one which is based upon a feasibility study of the region for which a single system of sewage collection and treatment would be physically and economically feasible.

§ 401.37 Siting studies for major electric generation projects.

(a) An application under section 3.8 of the Compact for approval of an electric generating project with a design capacity of 100,000 KW or more shall include as part of the application: (1) A master siting study, (2) a site selection analysis for the project, and (3) the environmental statement otherwise required.

(b)(1) The master siting study shall describe in general terms all existing major electric generating projects of the applicant and of other public utilities using the water resources of the basin, and all such projects proposed or planned for the ensuing 15-year period. The master siting study shall describe particularly the impact of each proposed project on the water resources and related land resources of the basin. It shall include, with as much detail as is available, a description of the fivemile reach of any stream within which each proposed project is or will be located, the concept, capacity and fuel source of each project, the quantity and method of heat and moisture dissipation, the water resource requirements and water-related ecological effects of each proposed project in the study.

(2) The master siting study will be reviewed by the Commission in relation to the Comprehensive Plan, may be employed as an input to the Comprehensive Plan, and may be considered, in whole or in part, for inclusion in the Plan. A master siting study may