NY Env Conserv L § 17-0815-A (2021)
2021 New York Laws ENV - Environmental Conservation Article 17 - Water Pollution Control Title 8 - State Pollutant Discharge Elimination System 17-0815-A - Discharge Point Signs.

§ 17-0815-a. Discharge point signs.   1.  Any person possessing a SPDES permit which allows the discharge of waste water into the surface waters of the state shall post  a  sign  as provided  for in subdivision two of this section at all discharge points to surface waters,  except  for  those  sites  where  the  discharge  is composed exclusively of storm water runoff.   2. (a) All SPDES permit holders for discharges to surface waters shall erect  or  post a conspicuous and legible sign of not less than eighteen inches by twenty-four inches bearing the following statement:   "N.Y.S. Permitted Discharge Point Permit  No.here  insert  permit number).  For information on this discharge you can contact:"   The  sign  shall  also  contain the following information:   The SPDES permit number as issued by the department; the name and telephone number of the permit holder which shall be the business  office  repository  of the  permit  holder as required by this title; and the name, address and telephone  number  of  the  regional  department  office  in  which  the discharging facility is located.  (b)  The permit holder shall provide for public review at the business office repository of the permit holder or at the  off-premises  location of  its choice (such location shall be the village, town, city or county clerk's office, local library or such other location as  the  department and permit holder shall agree upon) all the Discharge Monitoring Reports (DMR)  prepared  by the permit holder to demonstrate compliance with the SPDES permit conditions. A copy of each DMR shall be placed on  file  at such  location  at  the  same  time  it  is sent to the department. This information shall be kept on file for the period of the effective  dates of the SPDES permit.  (c)  The  permit  holder  shall  be  in  compliance with this title by providing, at its option, on or off  premises  inspection  of  documents pursuant to paragraphs (a) and (b) of this subdivision and providing the address  or  location  where  the  required information is available for public review upon an inquiry.   3. The department shall, pursuant to the terms and conditions  of  the permits  issued  pursuant to this title, establish the actual appearance and location of the sign on the property of  the  permit  holder  in  as close  proximity to the point of discharge into the surface waters as is reasonably possible while  ensuring  the  maximum  visibility  from  the surface water and shore.   4. It shall be the responsibility of the permit holder to periodically and  reasonably  maintain  the  sign to ensure that it is still legible, visible and factually correct.  A good faith documented effort by permit holder to maintain such sign will be  an  affirmative  defense  for  its absence.   5.  The  department  may  in  its  discretion waive all or part of the requirements of this section if it determines that: (a) such sign cannot be reasonably maintained; (b) such sign would be inconsistent  with  the provisions  of another statute; (c) such sign could not be so located as to provide a  public  purpose;  (d)  the  nature  of  the  discharge  is temporary  and  of  a relatively short duration; (e) the permit has been issued under the terms and conditions of a general permit as  authorized by  this  title;  or  (f)  the  discharge  is  not  a major, significant discharge.