2023 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.