NY Env Conserv L § 17-0701 (2021)
2021 New York Laws ENV - Environmental Conservation Article 17 - Water Pollution Control Title 7 - Permits and Certificates 17-0701 - Permit for Outlet, Point Source and for Disposal System Required.

§ 17-0701. Permit  for  outlet,  point  source  and  for disposal systemrequired.1. It shall be unlawful for any person, until a written  SPDES  permit   therefor  has  been  granted  by  the commissioner, or by his designated   representative, and unless such permit remains in full force and effect,   to:a. Make or cause to make or use any outlet or  point  source  for  the   discharge  of  sewage,  industrial waste or other wastes or the effluent   therefrom, into the waters of this state, orb. Construct or operate and use a disposal system for the discharge of   sewage, industrial waste, or other wastes  or  the  effluent  therefrom,   into  the  waters of the state, or make any change in, addition to or an   extension of any existing disposal system or part  thereof  which  would   materially  alter  the volume of, or the method or effect of treating or   disposing of the sewage, industrial waste or other wastes, orc. Increase or alter the content of the wastes discharged  through  an   outlet  or  point  source  into  the  waters of the state by a change in   volume or physical, chemical or biological characteristics.2. Notwithstanding any  other  provision  of  this  article,  for  the   purposes of this title, the following definitions shall be applicable:a.  "Industrial  waste"  means  any  liquid,  gaseous,  solid or waste   substance or  a  combination  thereof  resulting  from  any  process  of   industry,  manufacturing,  trade, or business or from the development or   recovery of any natural resources, which may cause or  might  reasonably   be expected to cause pollution of the waters of the state.b.  "Other  wastes"  means  garbage,  refuse,  decayed  wood, sawdust,   shavings, bark, sand, lime, cinders, ashes, offal, oil, tar, dye-stuffs,   acids, chemicals, ballast and all other discarded matter not  sewage  or   industrial  waste  which  may  cause  or might reasonably be expected to   cause pollution of the waters of the state.3. No permit prescribed by subdivision 1  of  this  section  shall  be   issued by the commissioner or by his designated representative until the   requirements  of title 8 of this article and the regulations promulgated   thereunder have been satisfied.4. a. A  person,  corporation,  public  authority  or  public  benefit   corporation  hereafter  intending  to construct a nuclear steam-electric   generating facility shall file an environmental feasibility report, in a   form prescribed by the commissioner, with  the  department  concurrently   with the filing of the preliminary safety analysis report required to be   filed  with  the  United  States  atomic energy commission for a nuclear   power plant.b.  No  person,  corporation,  public  authority,  or  public  benefit   corporation shall construct or operate any new steam-electric generating   facility  or  increase  the  capacity  of  any  existing  steam-electric   generating facility without a  permit  issued  in  accordance  with  the   provisions  of  this  subdivision  allowing  thermal discharge from such   facility to the waters of the state. A public hearing may  be  conducted   by the department prior to the issuance of any such permit.5.  A  SPDES  permit  shall  be  issued  to  the  applicant  upon such   conditions as the commissioner may direct:a. if the commissioner finds on the basis of the  submitted  plans  or   application  that  the  discharge  from  the  outlet  or point source or   modified disposal system will not be in contravention of the  standards,   criteria,  limitations,  rules and regulations adopted or applied by the   department; orb. in case no classification has been made of the receiving waters  at   said  outlet or point source or into which such proposed discharge is to   be made, if the commissioner finds that such proposed discharge will not    be  injurious  to  public  health  and  public  enjoyment  thereof,  the   propagation  and  protection  of  fish  and  wild  life,  the industrial   development of the state and will not  contravene  standards,  criteria,   limitations,  rules and regulations adopted or applied pursuant to title   8 hereof.6. The permit prescribed by subdivision 1 of this section and title  8   hereof  shall  not  be required for the construction and use of a new or   modified disposal system, point source  or  outlet  when  such  disposal   system,  point  source  or outlet is designed to discharge or discharges   sewage effluent without the admixture  of  industrial  wastes  or  other   wastes to the ground waters of the state when such discharge consists of   a  flow of less than one thousand gallons per day.  Nothing contained in   this subdivision shall be construed to permit the making or  use  of  an   outlet  or  point  source  discharging  an effluent to the waters of the   state in contravention of any standards  adopted  by  the  former  Water   Pollution  Control  Board  or  the former Water Resources Commission and   continued by this article or adopted by  the  department  or  standards,   criteria,  limitations,  rules  or  regulations  promulgated  or applied   pursuant to title 8 hereof, or discharging an effluent in such a  manner   as  to expose sewage on the ground surface, impair the quality of waters   of the state used for drinking purposes or otherwise create  a  nuisance   or  menace  to  health.  A  county,  city, town or village may adopt and   enforce additional local laws, ordinances  and  regulations  or  enforce   existing  local  laws, ordinances and regulations relating to discharges   of sewage herein referred  to,  including  local  laws,  ordinances  and   regulations  requiring  a  permit for disposal systems, point sources or   outlets for such discharges, provided that such local  laws,  ordinances   and regulations are not inconsistent with the provisions of this chapter   or the sanitary code.7.  The commissioner may delegate to qualified personnel of county and   city health departments his duties of review and approval of  plans  and   issuance of permits required in subdivisions 1, 3 and 4 of this section,   subject to such conditions as he may establish.9.  In  the  case  of  a  major steam electric generating facility, as   defined in section one hundred forty of the public service law, for  the   construction  or  operation  of  which  a  certificate is required under   article eight of such law, an applicant shall apply for and obtain  such   certificate  in  lieu of filing plans and reports and obtaining a permit   under this section. Any reference in this article to a permit under this   section shall, in the case  of  such  major  steam  electric  generating   facility,  be  deemed  for  all  purposes  to refer to such certificate,   provided  that  nothing  herein  shall  limit  the  authority   of   the   departments  of  health  and  environmental  conservation to monitor the   environmental and health impacts resulting from the  operation  of  such   major  steam  electric  generating  facility  and  to enforce applicable   provisions of the public health and environmental conservation laws  and   the  terms and conditions of the certificate governing the environmental   and health impacts resulting from such operation.