Sec.

Subpart D-Standards for Review

803.60 Purpose of this subpart. 803.61 Consumptive uses of water.

AUTHORITY: Sec. 3.4(9), 3.10, and 15.2, Pub. L. 91-575, 84 Stat. 1509 et seq.

SOURCE: 39 FR 41973, Dec. 4, 1974, unless otherwise noted.

Subpart A-Introduction

§ 803.1 General.

(a) The Review of Projects is one of four major elements of the Commission's program and planning system. Other major elements are the Comprehensive Plan, the annual Water Resources Program and Intergovernmental Relationships; all provided for in the Susquehanna River Basin Compact (hereinafter referred to as the "Compact") §§ 14.1, 14.2 and 12.1 et seq., respectively. The Commission will utilize the four elements, as appropriate, to advance its purpose set forth in the Compact.

(b) This part establishes the scope and procedures for Review of Projects. Section 3.10 of the Compact provides the authority for Commission Review of Projects. In general, it provides that the Commission's review authority extends to (1) projects that may result in a significant interstate effect on the water resources of the Basin and (2) projects that would affect immediate and long-range alternatives for the management, development, conservation, or utilization of the Basin's water

resources.

(c) No person, group of persons, association, corporation or other nongovernmental entity shall begin construction or operation of any project affecting the water resources of the basin as set forth hereafter prior to review and approval by the Commission of the project.

(d) Proposals for projects that come within § 803.3 Projects Requiring Review, set forth hereafter, of the Federal government, and the signatory states, their political subdivisions, and public corporations shall be submitted to the Commission for a period of ninety days or such longer time as may be requested by the Commission.

The Commission shall submit recommendations and findings to the sponsoring agency which shall be included in any report submitted by such agency to its respective legislative body or to any committee thereof in connection with any request for authorization or appropriation therefor. Commission review and approval shall be required prior to construction or operation of any government project within § 803.3 that is not subject to specific authorization or appropriation by a legislative body. The Commission review will ascertain the projects' compatibility with the objectives, goals, guidelines and criteria set forth in the Comprehensive Plan.

§ 803.2 Definitions.

(a) These words shall be defined as follows unless otherwise indicated.

(1) Basin. The Susquehanna River Basin.

(2) Construction. Clearing or excavation of the site, including the driving of piles, construction of roadways and railroad spurs, and the pouring of the foundation for, or the installation of any portion of the project on the site.

(3) Project. Any work, service, activity, or facility undertaken which is separately planned or financed for the conservation, utilization, control, development, or management of water resources which can be established and utilized independently, or as an addition to an existing facility, and can be considered as a separate entity for purposes of evaluation.

(4) Signatory party. The States of Maryland, New York, Commonwealth of Pennsylvania, and the Federal government.

(5) Signatory State. The States of Maryland, New York, and Pennsylvania.

(6) Sponsor. Any person, group of persons, association, corporation, or government entity proposing a proj

ect.

(7) Susquehanna River Basin. The area of drainage of the Susquehanna River and its tributaries into Chesapeake Bay to the southern edge of the Pennsylvania Railroad bridge between Havre de Grace and Perryville, Maryland.

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(8) Water(s). Surface and underground water(s) contained within the Susquehanna River Basin.

§ 803.3 Projects requiring applications.

(a) Sponsors proposing the following projects shall file an application in accordance with Subpart B of this Part.

(1) Any physical facility on or crossing the boundary between any two signatory states.

(2) Any project involving either the consumptive use of water (as described in § 803.61), or the transfer of water into or from the basin.

(3) Any proposal to change interstate water quality standards or criteria.

(4) Any project within a signatory State that has the potential to affect waters within another signatory State. This includes but is not limited to projects which have the potential to alter the physical, biological, chemical, or hydrological characteristics of water and related natural resources of the following streams and/or their tributaries:

(i) Between New York and Pennsylvania

Apalachian Creek, Bentley Creek, Bulkley Brook, Camp Brook Creek, Cascade Creek, Cayuta Creek, Chemung River, Choconut Creek, Cowanesque River, Denton Creek, Holden Creek, Little Snake Creek, Seeley Creek, Snake Creek, South Creek, Susquehanna River, Tioga River, Troups Creek, Trowbridge Creek, Wappasening Creek, White Branch.

(ii) between Pennsylvania and Maryland

Big Branch Deer Creek, Broad Creek, Conowingo Creek, Deer Creek, Falling Branch Deer Creek, Long Arm Creek, Muddy Creek, Octoraro Creek, Scott Creek, South Branch, Conewago Creek, Susquehanna River.

(5) Any project which requires the commitment of water to a specific use for a period of time longer than ten years. This includes but is not limited to projects involving such activities as discharge into or withdrawal from surface or underground water.

(i) Exemptions:

(a) Withdrawal of one MGD or less from any surface stream provided it, in conjunction with all other with

drawals, does not exceed at any point 25 percent of the seven (7) day, twenty (20) year low flow.

(b) Withdrawals by a user totaling 100,000 gpd or less from groundwater sources.

(c) Any discharge authorized by the rules, regulations, or a permit of a signatory party.

(6) Any project with a life expectancy of ten or more years designed to satisfy a water resource related need. This includes projects such as: Dams, levees, walls, or channel modifications. (i) Exemptions: (a) Farm ponds.

(b) Levees, walls and channel modifications less than 500 feet in length or stream clearance activities conducted in accordance with Commission guidelines.

(c) Dams which control a drainage area of less than ten square miles except for water supply dams developing less than 80 percent of the one hundred eighty (180) day average annual low flow if such low flow is greater than 100,000 gpd.

(7) Any project or projects not included in paragraphs (a)(1) through (6) of this section determined by the Commission to have a potential adverse, adverse cumulative, or interstate effect on the water resources of the basin; Provided, That the project sponsor is notified in writing by the Commission that an application is required.

(b) If a sponsor is uncertain whether an application should be filed with the Commission the sponsor may request and, within thirty days after submission of information in such form and manner as will allow the Commission to make the determination, receive from the Commission a letter stating whether an application is required.

(c) For additional application and review procedures for projects, see Subparts B and C of this part.

[39 FR 41973, Dec. 4, 1974, as amended at 41 FR 43135, Sept. 30, 1976]

§ 803.4 Projects requiring review.

(a) As determined from applications or otherwise, the Commission shall review and take appropriate action on

the following proposed projects within the Susquehanna River Basin.

(1) Any physical facility on or crossing the boundary between any two signatory states.

(2) Any project involving either the consumptive use of water (as described in § 803.61), or the transfer of water into or from the basin.

(3) Any project within a signatory state found and determined by the Commission to have a significant effect on water within another signatory state or upon the Comprehensive Plan.

(b) Any project or projects determined by the Commission or by a signatory party to cause an adverse, adverse cumulative, or an interstate effect on the water resources of the basin; Provided, The project sponsor has been notified in writing by the Commission or a signatory party that Commission review and action is required.

[39 FR 41973, Dec. 4, 1974 as amended at 41 FR 43135, Sept. 30, 1976]

§ 803.5 Review by Signatory Parties of Projects of Concern to the Commission.

(a) The Commission recognizes that agencies of the signatory parties will exercise their review authority and evaluate many proposed projects in the Basin. The Commission will develop guidelines to assure compatibility between signatory review and Commission review.

(b) To avoid duplication of work and to cooperate with other government agencies the Commission will develop agreements of understanding in accordance with these guidelines with appropriate agencies of the signatory parties regarding joint review of projects and acceptance of signatory review. These agreements may provide for joint efforts by staff, delegation of authority by an agency or the Commission, or any other matter to support cooperative review activities. Permits issued by a signatory agency shall be considered Commission approval if issued pursuant to an agreement of understanding with the Commission specifically providing therefor.

§ 803.6 Effective date.

(a) Review by the Commission shall not be required for any project which, prior to the effective date of this Part, has (1) been issued a permit by a signatory party allowing completion through the project's final construction phase, or (2) commenced operation or been issued a permit by a signatory party allowing it to commence; unless, the project's sponsor is notified as provided in § 803.4(b).

(b) This part shall become effective June 1, 1975.

Subpart B-Application Procedure

§ 803.20 Purpose of this subpart.

The purpose of this subpart is to set forth procedures governing applications required by § 803.3.

§ 803.21 Preliminary consultations.

(a) Any sponsor of a proposed project that is subject to the Commission's review jurisdiction under § 803.4 is encouraged, prior to making application for Commission review, to request a preliminary consultation with the Commission staff for an informal discussion of preliminary plans for the proposed project. To facilitate preliminary consultations, it is suggested that the sponsor provide a general description of the proposed project, the project site and, to the extent available, data concerning dimensions of any proposed structures and the environmental impacts.

(b) Preliminary consultations shall be optional with the project sponsor and shall not relieve the sponsor from complying with the provisions of the Susquehanna River Basin Compact or with these Rules and Regulations.

§ 803.22 Submission of application.

(a) Projects requiring a permit or other form of regulatory approval from a state or federal agency having authority regarding water resources use, development, control and conservation.

(1) The sponsor of the project shall make application to the agency in the manner prescribed by the agency.

(2) It shall be the responsibility of the agency to transmit a copy of the application to the Commission.

(b) Projects not subject to the jurisdiction of the above agencies.

(1) The sponsor of the project shall, prior to the time the project is undertaken, make application to the Commission for review. The application shall be submitted to the Commission at its headquarters, and shall contain the information prescribed in § 803.23.

§ 803.23 Contents of application.

(a) Projects requiring a permit or other form of regulatory approval from a state or federal agency having regulatory authority regarding water resources use, development, control and conservation.

(1) The sponsor of the project shall make application to the agency in the form prescribed by the agency.

(b) Projects not subject to the jurisdiction of the above agencies.

(1) The sponsor's application shall address the aspects pertinent to the project listed in paragraph (c) of this section.

(2) A report(s) about the project prepared for any other purpose will be accepted by the Commission; Provided, The report(s) addresses the aspects pertinent to the project listed in paragraph (c) of this section.

(c) The sponsor's application shall address those aspects contained in the following list if applicable to the project.

(1) Identification of sponsor(s) and name of person to contact authorized to speak for the sponsor.

(2) Description of project and site in terms of:

(i) Engineering feasibility.

(ii) Willingness of sponsor(s) to fund the project or action.

(iii) Identification and description of reasonable alternatives, the extent of their economic and technical investigation, and an assessment of their potential environmental impact.

(vi) Plans for avoiding or compensating for consumptive use during low flow periods.

(vii) Current conditions and anticipated impact of the proposed project on the following:

(a) Flood Damage potential:

(1) Location of project with respect to the flood plain and flood hazard zones.

(b) Groundwater characteristics: (1) Quality.

(2) Existing water table.

(3) Groundwater flow. (4) Safe yield.

(5) Natural recharge.

(c) Surface water characteristics: (1) Quality.

quest the sponsor to provide any additional information that is deemed pertinent for proper review of the project. The staff review shall include:

(a) Determination of completeness of the application.

(b) Identification of the issues. (c) Assessment of the project.

(d) Consultation with sponsor-if requested.

(e) Report of findings and recommendations to Commission.

Subpart C-Public Hearing Procedure

§ 803.40 Public hearing requirement.

A public hearing shall be conducted if the Commission determines that (a) the project should or must be included in the Comprehensive Plan, (b) a hearing is requested by a signatory party, or (c) a hearing is necessary for proper evaluation of the project. Hearings will be held whenever, in the judgement of the Commission, substantive requests or questions are received that are related to public safety, protection of the environment, or other important societal factors.

§ 803.41 Notice of public hearing.

At least thirty days before any public hearing, notices stating the date, time, place and purpose of the hearing including issues of interest to the Commission shall be published at least once in a newspaper or newspapers of general circulation in the area affected, posted at the office of the Commission, and mailed to persons, organizations and government agencies who have made written requests to the Commission for notices of hearings or of a particular hearing; the Directors of the Federal Register, Pennsylvania Bulletin, and the Maryland Register for publication.

§ 803.42 Participants to a public hearing. (a) Hearings shall be open to the public. Participants to a public hearing shall be the project sponsor and the Commission staff. Participants may also be any person or public agency wishing to appear at the hearing and make an oral or written statement. Statements may favor or oppose the project or may simply express a

position without specifically favoring or opposing the project. Statements shall be made a part of the record of the hearing, and written statements may be received up to and including the last day on which the hearing is held, or within a reasonable time thereafter as specified by the presiding officer which time shall be not less than two weeks nor more than four weeks, except that a longer time may be specified if requested by a participant.

(b) Participants (except the project sponsor and the Commission staff) are encouraged to file with the Commission at its headquarters written notice of their intention to appear at the hearing. The notice should be filed at least three days prior to the opening of the hearing.

§ 803.43 Representative capacity.

Participants wishing to be heard at a hearing may appear in person or be represented by an attorney or other representative. A public agency or a local government may be represented by one of its officers, employees or by a designee of the public agency or local government. Any person intending to appear before the Commission in a representative capacity on behalf of a participant shall give the Commission written notice of the nature and extent of their authorization to represent the person(s), public agency or local government on whose behalf they intend to appear.

§ 803.44 Description of project.

When notice of hearing is issued, there shall be available for inspection at the Commission offices such plans, summaries, maps, findings, statements, orders or other supporting documents which explain, detail, amplify, or otherwise describe the project the Commission is considering. Instructions on where and how the documents may be obtained will be included in the notice.

§ 803.45 Adjudicatory hearing.

The Commission, upon application by any interested party and in its absolute discretion, may determine that any hearing or additional hearing