NY Env Conserv L § 17-0817 (2021)
2021 New York Laws ENV - Environmental Conservation Article 17 - Water Pollution Control Title 8 - State Pollutant Discharge Elimination System 17-0817 - Spdes Permits; Duration and Reissuance.

§ 17-0817. SPDES permits; duration and reissuance.1.  SPDES  permits  issued  in  lieu  of  national pollutant discharge   elimination system permits shall be valid for a fixed term not to exceed   five years. All other SPDES permits  issued  pursuant  to  this  chapter   shall be valid for a term not to exceed ten years.2.  All  SPDES  permits  may be administratively renewed in accordance   with article seventy of this chapter.3. The department shall review at least  once  every  five  years  all   existing  permits for conformance with new federal treatment technology,   new state water quality classifications and water quality standards.4. The department shall develop a priority  ranking  system  of  SPDES   permits.  The ranking system shall prioritize permits for full technical   review  and,  when  necessary,  modification.  For  purposes   of   this   subdivision, full technical review shall mean the complete evaluation of   all elements of the permit associated with the ranking system's priority   ranking factors, together with substantive issues identified in comments   submitted  during the public comment period, and the verification of the   accuracy and appropriateness of all other information contained  in  the   permit.  Any permits reviewed pursuant to this subdivision shall require   compliance with current effluent standards  and  limitations  and  water   quality standards.5.  Any  interested  party  may  request  at any time that a permit be   modified, suspended or revoked on the  grounds  that  newly  discovered,   material  information  has  been  discovered;  that a material change in   environmental conditions  has  occurred;  that  relevant  technology  or   applicable  law  or  regulations  have changed since the issuance of the   existing permit; or on other grounds established by  the  department  by   regulation.  All  such requests shall be in writing and contain facts or   reasons supporting the request. If the department  determines  that  the   request  is  not  justified,  it  shall  send  the party a brief written   response giving the reasons for the decision. A copy of such request and   the department's response  shall  be  sent  to  the  permittee.  If  the   department  determines  that  the  request  is  justified, it shall take   action pursuant to article seventy of this chapter.6. Within eight months after the effective date of  this  section  the   department  shall  hold at least three public hearings to solicit public   comments on the SPDES permit  priority  ranking  system,  including  the   permit  priority  ranking  factors  and the weighing and scoring system.   All comments submitted during the hearing process and associated comment   period shall  be  considered  by  the  department  in  the  review,  and   modification  if  appropriate,  of  the  SPDES  permit  priority ranking   system. Thereafter, whenever the department  reviews  the  SPDES  permit   priority  ranking system for possible modification, the department shall   formally solicit and provide for the involvement of the public  in  such   review.  The  department  shall  annually  publish  in the environmental   notice bulletin any changes in the priority ranking  list,  and  solicit   and  provide  for  the  involvement  of  the  public  in a review of the   priority ranking list.