reglab/statecodes huggingface dataset:
2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 5 - Prohibitions › 17-0503 - Prohibition Against Pollution of Waters of Marine District.

§ 17-0503. Prohibition against pollution of waters of marine district.
1.  Sewage,  industrial  waste  or  other  wastes,  or  any  substance
  injurious to edible fish and shellfish, or the  culture  or  propagation
  thereof,  or which shall in any manner affect the flavor, color, odor or
  sanitary condition of such fish or shellfish so as to injuriously affect
  the sale thereof, or which shall cause any  injury  to  the  public  and
  private  shell fisheries of this state shall not be placed or allowed to
  run into the waters of the state in the marine  district  nor  into  any
  waters of Long Island, tributory to the marine district.
2.  Garbage,  cinders, ashes, oils, sludge or refuse of any kind shall
  not be thrown, dumped or permitted to run into the waters of the  marine
  district.
2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 5 - Prohibitions › 17-0505 - Prohibition Against Certain Acts Without Permit.

§ 17-0505. Prohibition against certain acts without permit.
The  making  or  use of an outlet or point source discharging into the
  waters of the state, and  the  operation  or  construction  of  disposal
  systems,  without a valid SPDES permit as provided by section 17-0701 or
  title 8 hereof are prohibited.
2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 5 - Prohibitions › 17-0507 - Prohibition Against Modification of Wastes Discharged Through Existing Outlet or Point Source Without Permit.

§ 17-0507. Prohibition against modification of wastes discharged through
existing outlet or point source without permit.
Increasing or altering the content of the wastes discharged through an
  outlet  or  a  point  source into the waters of the state by a change in
  volume or physical, chemical or  biological  characteristics  without  a
  SPDES  permit so to do as provided by section 17-0701 or title 8 hereof,
  or standards, criteria, limitations, rules or regulations promulgated or
  applied pursuant thereto, is prohibited.
2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 5 - Prohibitions › 17-0509 - Minimum Treatment Required.

§ 17-0509. Minimum treatment required.
1.  As  used in this section, the term "effective secondary treatment"
  shall mean the removal of  substantially  all  floating  and  settleable
  solids  and  the  removal  of  at least eighty-five percent of suspended
  solids and at least eighty-five percent of five day  biochemical  oxygen
  demand, or such other standard as may be adopted pursuant to the Act.
2.  The  minimum  degree  of  treatment  required for the discharge of
  sanitary sewage into the surface waters of the state shall be  effective
  secondary treatment, provided, however, that additional treatment may be
  required  consistent  with the standards established for specific waters
  by the  department  pursuant  to  section  17-0301  or  with  standards,
  criteria,  limitations,  rules  or  regulations  promulgated  or applied
  pursuant to title 8 hereof.
2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 5 - Prohibitions › 17-0511 - Restrictions on Discharge of Sewage, Industrial Waste or Other Wastes.

§ 17-0511. Restrictions  on  discharge  of  sewage,  industrial waste or
other wastes.
The use of existing or new outlets or point sources,  which  discharge
  sewage,  industrial  waste  or other wastes into waters of this state is
  prohibited  unless  such  use  is  in  compliance  with  all  standards,
  criteria,  limitations,  rules and regulations promulgated or applied by
  the department pursuant to this article.
2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 7 - Permits and Certificates › 17-0703 - Issuance, Denial, and Revocation of Permits.

§ 17-0703. Issuance, denial, and revocation of permits.
1.  The permit provided in section 17-0701 and title 8 hereof shall be
  issued by the commissioner or by his designated representative, pursuant
  to regulations of the department adopted in accordance with  subdivision
  3 of section 17-0303 and title 8 hereof.
2.  Public  hearings,  on  due  notice,  shall  be  conducted  by  the
  commissioner or by his designated representative in connection with  the
  issuance  of any order or determination denying, revoking, continuing or
  modifying a permit  as  provided  by  section  17-0701  paragraph  f  of
  subdivision  4  of  section  17-0303  and  title  8  hereof,  unless the
  applicant or permittee waives said hearing in writing and no request for
  a public hearing has been received from any interested party.
2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 7 - Permits and Certificates › 17-0705 - Certificates of Compliance for Purposes of the Real Property Tax Law.

§ 17-0705. Certificates  of compliance for purposes of the Real Property
Tax Law.
1. For the purposes of section 477 of the Real Property Tax  Law,  the
  commissioner  or  his  designated representative is hereby authorized to
  issue certificates of compliance concerning industrial  waste  treatment
  facilities, and industrial waste treatment controlled process facilities
  as  defined  in such law. No such certificate shall be issued unless the
  facility to which it is applicable  is  in  compliance  with  applicable
  provisions  of  titles  1  to 11, inclusive, and title 19 of article 17,
  article 19, and title 1 of article 27 of this  chapter;  of  the  Public
  Health  Law;  of  the state sanitary code and of regulations, permits or
  orders issued pursuant thereto.
2. In the case of facilities which have not been  completed  prior  to
  the  close  of  a taxable status date with respect to which an exemption
  may be claimed under the Real Property Tax Law, a temporary  certificate
  of compliance may be issued if the commissioner or his representative is
  satisfied,  on the basis of the construction which has taken place, that
  such  facilities,  when  completed,  will  be  in  compliance  with  the
  provisions  of  titles  1  to 11, inclusive, and title 19 of article 17,
  article 19, and title 1 of article 27 of this  chapter;  of  the  Public
  Health  Law;  of  the  state  sanitary code, and regulations, permits or
  orders issued pursuant thereto. Such a temporary certificate shall apply
  only to taxes levied as of the taxable status date with respect to which
  such a certificate is issued.
2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 7 - Permits and Certificates › 17-0707 - Certificates of Compliance for Purposes of the Tax Law.

§ 17-0707. Certificates of compliance for purposes of the Tax Law.
1.  For the purposes of sections 208, 210, 606 and 612 of the Tax Law,
  the commissioner or his designated representative is  hereby  authorized
  to   issue   certificates  of  compliance  concerning  industrial  waste
  treatment facilities and industrial waste treatment  controlled  process
  facilities  as  defined in such law. No such certificate shall be issued
  unless the facility to which it is  applicable  is  in  compliance  with
  applicable  provisions  of  titles  1  to 11, inclusive, and title 19 of
  article 17, article 19, and title 1 of article 27 of  this  chapter;  of
  the  Public  Health  Law; of the state sanitary code and of regulations,
  permits or orders issued pursuant thereto.
2. In the case of facilities which have not been  completed  prior  to
  the  close  of a taxable year for which a deduction may be claimed under
  the Tax Law, a temporary certificate of compliance may be issued if  the
  commissioner  or  his  representative  is satisfied, on the basis of the
  construction which has taken place, that  such  facilities  will  be  in
  compliance  with  the provisions of titles 1 to 11, inclusive, and title
  19 of article 17, article 19, and  title  one  of  article  27  of  this
  chapter;  of  the  Public  Health  Law  of  the state sanitary code, and
  regulations, permits or orders issued pursuant thereto. Such a temporary
  certificate shall apply only to expenditures made in  the  taxable  year
  with respect to which such a certificate is issued.
2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 8 - State Pollutant Discharge Elimination System › 17-0801 - Purpose.

§ 17-0801. Purpose.
To  create  a  state pollutant discharge elimination system (SPDES) to
  insure that the State of New York shall possess  adequate  authority  to
  issue  permits  regulating  the  discharge  of  pollutants  from  new or
  existing outlets or point sources into the waters  of  the  state,  upon
  condition  that  such discharges will conform to and meet all applicable
  requirements of the Federal Water Pollution Control Act, as amended  (33
  U.S.C.  1251,  et seq.) hereinafter referred to as the "Act", and rules,
  regulations, guidelines, criteria,  standards  and  limitations  adopted
  pursuant thereto relating to effluent limitations, water quality related
  effluent  limitations,  new  source  performance  standards,  toxic  and
  pretreatment  effluent  limitations,  ocean  discharge   criteria,   and
  monitoring,  and  to  participate  in  the  national pollutant discharge
  elimination system (NPDES) created by the Act.
2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 8 - State Pollutant Discharge Elimination System › 17-0803 - Spdes Permits; Application.

§ 17-0803. SPDES permits; application.
Except  as  provided  by  subdivision  five of section 17-0701 of this
  article, it shall be unlawful to discharge pollutants to the  waters  of
  the  state from any outlet or point source without a SPDES permit issued
  pursuant hereto or in a manner other than as prescribed by such  permit.
  The  department  shall,  by  rule  and  regulation,  require  that every
  applicant for a permit to discharge pollutants into the  waters  of  the
  state  shall file such information at such times and in such form as the
  department may reasonably require to  execute  the  provisions  of  this
  article.  Rules  and  regulations  adopted hereunder may provide that in
  lieu of issuance of such permit the department may accept as  compliance
  herewith  a  permit  duly  issued by the federal government or an agency
  thereof pursuant to the provisions of the Act.
2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 8 - State Pollutant Discharge Elimination System › 17-0804 - Rules and Regulations.

§ 17-0804. Rules and regulations.
The  rules and regulations adopted by the department to implement this
  title and the provisions of article 70 of this  chapter  and  rules  and
  regulations  thereunder  shall  govern  permit  applications,  renewals,
  modifications, suspensions and revocations under this title.
2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 8 - State Pollutant Discharge Elimination System › 17-0807 - Prohibited Discharges.

§ 17-0807. Prohibited discharges.
The  following  discharges  into  the  waters  of the state are hereby
  prohibited.
1. the discharge of any radiological, chemical or  biological  warfare
  agent  or high-level radioactive waste, as such terms are defined by the
  Act or pursuant thereto.
2. any  discharge  which  would  substantially  impair  anchorage  and
  navigation, as determined by the Secretary of the Army.
3. any discharge to which the federal government has objected pursuant
  to any right to object provided by the Act.
4.  any  discharge  not  permitted  by the provisions of this article,
  rules and regulations adopted or applicable pursuant hereto, the Act, or
  provisions of a permit issued hereunder.
2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 8 - State Pollutant Discharge Elimination System › 17-0808 - Municipal and Industrial Stormwater Discharges.

§ 17-0808. Municipal and industrial stormwater discharges.
1.  Prior  to  October  first,  nineteen hundred ninety-two, no permit
  shall be required for discharges composed entirely of stormwater, except
  as provided in subdivision two of this section.
2. Subdivision one of this section shall not apply with respect to the
  following stormwater discharges:
a. A discharge with respect to which a permit has  been  issued  under
  this title prior to the effective date of this section;
b.  A discharge associated with industrial activities directly related
  to manufacturing, processing, or  raw  materials  storage  areas  at  an
  industrial plant;
c.  A discharge from a municipal separate storm sewer system serving a
  population of one hundred thousand or more; or
d. A discharge which the  commissioner  determines  contributes  to  a
  violation of water quality standards adopted pursuant to section 17-0301
  of  this  article  or  is a significant contributor of pollutants to the
  waters of the state.
3. Permits for discharges from municipal storm sewers:
a. May be issued on a system or jurisdiction-wide basis,  pursuant  to
  paragraph (a) of subdivision seven of section 70-0117 of this chapter;
b.   Shall   include  a  requirement  which  regulates  non-stormwater
  discharges into the storm sewers; and
c. Shall require controls to reduce the discharge of pollutants to the
  maximum extent  practicable,  including  management  practices,  control
  techniques  and  system  design  and engineering methods, and such other
  provisions as the commissioner determines appropriate for the control of
  such pollutants.
4. The commissioner shall promulgate  regulations  setting  forth  the
  requirements  for  permit applications for stormwater discharges and the
  deadlines for the receipt of applications.
2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 8 - State Pollutant Discharge Elimination System › 17-0809 - Effluent Limitations.

§ 17-0809. Effluent limitations.
1.  SPDES  permits  issued  pursuant  hereto  shall contain applicable
  effluent limitations as required by the Act and as may be promulgated by
  the department.
2. Notwithstanding any other provision  of  this  article,  any  point
  source  the  construction  of  which  is  commenced  after  the  date of
  enactment of the Act  and  which  is  so  constructed  as  to  meet  all
  applicable  standards  of  performance  shall not be subject to any more
  stringent standard of performance during a ten-year period beginning  on
  the  date  of  completion  of  such construction or during the period of
  depreciation or amortization  of  such  facility  for  the  purposes  of
  section  167  or  169  (or  both)  of the Internal Revenue Code of 1986,
  whichever period ends first.
3. Notwithstanding any other provision of this article, when  effluent
  limitations  are  established  they must be at least as stringent as the
  effluent  limitations  previously  required  unless   the   commissioner
  determines,  through  regulation,  that  an  exception  is  warranted as
  provided in section 303(d) and 402(o) of  the  Federal  Water  Pollution
  Control  Act  (33 U.S.C. sections 1313(d) and 1342(o)) as amended by the
  Water Quality Act of 1987; provided, however, no such exceptions may  be
  determined  to  be  warranted  in  special  groundwater protection areas
  designated pursuant to article fifty-five of this chapter or  in  Nassau
  or  Suffolk  counties  where  such  discharges will impact marine waters
  within ten years or less. In such areas, the best available  technology,
  that  is  economically  feasible and cost effective based on an analysis
  that considers direct and  avoided  economic  and  environmental  costs,
  shall be applied with special emphasis on reducing nitrogen pollution.
2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 8 - State Pollutant Discharge Elimination System › 17-0810 - Stormwater Management Design Manual Modification.

§ 17-0810. Stormwater management design manual modification.
On  or  before  one year following the effective date of this section,
  the department shall modify the New  York  State  Stormwater  Management
  Design Manual to include the following provisions:
1.  Require  signage  prohibiting  swimming  and  wading,  warning  of
  possible contamination or pollution of the  stormwater  retention  pond,
  and a description with the depth of the stormwater retention pond;
2.  Define  a  reasonable  slope  past  the aquatic bench to limit the
  immediate drop off to the deeper end of the stormwater retention pond;
3. Require aquatic vegetation be established in the aquatic and safety
  benches before the stormwater retention pond is rendered in-service;
4. Ensure maintenance plans include a requirement  for  examining  the
  status  of safety features by the maintenance authority in their routine
  maintenance schedule of stormwater retention ponds; and
5. Any other provisions the  department  deems  essential  to  further
  promote safety in and around stormwater retention ponds.
2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 8 - State Pollutant Discharge Elimination System › 17-0811 - Application of Effluent Standards and Limitations; Water Quality Standards; Other Requirements.

§ 17-0811. Application  of  effluent  standards  and  limitations; water
quality standards; other requirements.
SPDES  permits  issued  pursuant  hereto  shall   include   provisions
  requiring compliance with the following, where applicable;
1. effluent limitation.
2. standards of performance for new sources.
3. toxic and pretreatment effluent standards.
4. ocean discharge criteria adopted by the federal government.
5.  any  further limitations necessary to insure compliance with water
  quality standards adopted pursuant to state law.
2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 8 - State Pollutant Discharge Elimination System › 17-0813 - Compliance Schedules.

§ 17-0813. Compliance schedules.
SPDES permits issued pursuant hereto may contain compliance schedules.
  Such  compliance  schedules  shall require that the permittee within the
  shortest reasonable time consistent with the  requirements  of  the  Act
  conform to and meet;
1. applicable effluent limitations.
2.  any  further limitations necessary to insure compliance with water
  quality standards adopted pursuant to state law.
3. standards of performance for new sources.
4. ocean discharge criteria adopted by the federal government pursuant
  to the Act.
5. toxic and pretreatment effluent standards.
2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 8 - State Pollutant Discharge Elimination System › 17-0815 - Spdes Permits; Additional Terms and Conditions.

§ 17-0815. SPDES permits; additional terms and conditions.
SPDES   permits   shall   include  the  following  provisions,  terms,
  requirements and conditions;
1. that all discharges authorized by the permit  shall  be  consistent
  with the provisions, terms, requirements and conditions of such permit.
2.   that   facility   expansions,  production  increases  or  process
  modifications  by  the  permittee  which  result  in  new  or  increased
  discharges  of pollutants into the waters of the state shall be reported
  by the permittee by submission of a new SPDES application.
3. that the discharge of any pollutant not identified  and  authorized
  by such permit or the discharge of any pollutant more frequently than or
  at a level in excess of that permitted by such permit shall constitute a
  violation of the terms of the permit.
4.  that,  where  the  permit is for a publicly owned treatment works,
  notice shall be given the department of any new introduction  into  such
  works  of  pollutants  or  substantial changes in volume or character of
  pollutants.
5. that for discharges from publicly owned treatment works appropriate
  measures will be established by the permittee to  insure  compliance  by
  industrial  users  with  any  system  of  user  charges  and recovery of
  construction costs required under the provisions of the Act.
6. that such permit may be modified, suspended or  revoked  where  the
  department finds.
a. a violation of any term of the permit;
b.  that  the  permit  was obtained by misrepresentation or failure to
  disclose fully all relevant facts; or
c. a change in conditions  or  the  existence  of  a  condition  which
  requires either a temporary or permanent reduction or elimination of the
  authorized discharge.
7.  such other terms, provisions, requirements or conditions as may be
  necessary to meet the requirements of the Act.
8.  recording,  reporting,  monitoring,  and   sampling   requirements
  applicable under the Act.
2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 8 - State Pollutant Discharge Elimination System › 17-0816 - Coordination With Aem Program.

§ 17-0816. Coordination with AEM program.
To the extent practical and consistent with the purposes of this title
  and  title  seven  of  this  article,  SPDES permits for farm operations
  participating in the agricultural environmental management (AEM) program
  as set forth in article eleven-A of  the  agriculture  and  markets  law
  shall  incorporate  as part of the SPDES permit terms and conditions any
  AEM plan prepared for the permit applicant.
2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 8 - State Pollutant Discharge Elimination System › 17-0819 - Applications, Reports, Notices; Provisions to Insure Verity.

§ 17-0819. Applications, reports, notices; provisions to insure verity.
All  applications,  reports,  notices  or  notifications  required  or
  authorized to be made or filed by this title or by rules or  regulations
  promulgated  pursuant  hereto  or by the provisions or conditions of any
  permit issued pursuant to this title or title three of this  article  by
  or on behalf of a permittee, applicant for a permit or person in control
  of  an  outlet  into  the  water  of  the state or point source shall be
  verified or sworn to in respect to all statements  of  fact  therein  or
  shall  bear a form notice as provided in section 210.45 of the penal law
  to the effect that false statements made therein are punishable.
2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 8 - State Pollutant Discharge Elimination System › 17-0821 - Fees.

§ 17-0821. Fees.
The  department  is  hereby  authorized  to  establish  a  schedule of
  reasonable fees, such schedule taking into consideration the  volume  of
  the discharge and treatment costs, for application for issuance of SPDES
  permits  to compensate the department for its expenses hereunder, giving
  due recognition to the amount of federal assistance available; provided,
  however, that the department shall not charge a publicly owned  drinking
  water treatment plant the rates charged industrial facilities, but shall
  consider  such plants to be municipal facilities for the purposes of the
  imposition of fees pursuant to section 72-0602 of this chapter.
2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 8 - State Pollutant Discharge Elimination System › 17-0823 - Power Plant Siting.

§ 17-0823. Power plant siting.
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 the
  former article eight of the public service  law,  or  a  major  electric
  generating  facility  as  defined  in  section  one hundred sixty of the
  public service law,  for  the  construction  or  operation  of  which  a
  certificate  is  required  under  article ten of the public service law,
  such certificate shall be deemed a permit under this section  if  issued
  by  the  state  board  on electric generation siting and the environment
  pursuant  to  federally  delegated  or  approved  environmental   permit
  authority. Nothing herein shall limit the authority of the department of
  health  and  the  department  to  monitor  the  environmental and health
  impacts resulting from  the  operation  of  such  major  steam  electric
  generating facility or major electric generating facility and to enforce
  applicable  provisions of the public health law and this article and the
  terms and conditions of the certificate governing the environmental  and
  health  impacts  resulting from such operation. In such case all powers,
  duties, obligations and privileges conferred upon the department by this
  article shall  devolve  upon  the  New  York  state  board  on  electric
  generation  siting  and  the environment. In considering the granting of
  permits, such board shall apply the provisions of this article  and  the
  Act.
2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 8 - State Pollutant Discharge Elimination System › 17-0825 - Discharges of Industrial Waste to Publicly Owned Treatment Works.

§ 17-0825. Discharges  of  industrial  waste to publicly owned treatment
works.
Persons discharging industrial waste to  a  publicly  owned  treatment
  works  shall  comply  with  toxic  effluent  standards  and pretreatment
  standards and to monitoring, reporting, recording,  sampling  and  entry
  requirements provided by the Act or adopted pursuant thereto.
2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 8 - State Pollutant Discharge Elimination System › 17-0826 - Notification of Discharges Affecting Groundwaters.

§ 17-0826. Notification of discharges affecting groundwaters.
Whenever a provision of this title is violated by a facility operating
  under  or  pursuant  to  a  SPDES  permit  and  located  within  an area
  designated pursuant to any federal or state statute  as  a  sole  source
  aquifer,  all  public  water  purveyors  with  a service area or portion
  thereof located within a three mile radius  of  the  violating  facility
  shall  be notified by the department of such violation if the department
  determines that the violation could have a  significant  impact  on  the
  water  resources  of the area. The department's notices pursuant to this
  section shall be made within fourteen days of  the  official  notice  of
  noncompliance of the SPDES permit to the violating facility.
For  the  purposes  of this section "public water purveyor" shall mean
  any person, partnership, public or private corporation, municipality, or
  public authority which sells water derived from a sole source aquifer to
  at least five service connections or at least twenty-five individuals.
2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 8 - State Pollutant Discharge Elimination System › 17-0827 - Conflicts of Interest.

§ 17-0827. Conflicts of interest.
The  commissioner  of  the  department or his designee responsible for
  issuance  of  SPDES  permits  hereunder,  is  hereby   prohibited   from
  receiving, or during two years prior to approval of an application for a
  permit  from  having  received,  a  significant  portion  of  his income
  directly or indirectly from permit holders or applicants for  a  permit.
  For the purposes of this section (a) "significant portion of his income"
  shall  mean  ten  percent  of gross personal income for a calendar year,
  except that it shall mean fifty percent of gross personal income  for  a
  calendar  year  if  the  recipient  is  over  sixty  years of age and is
  receiving such portion  pursuant  to  retirement,  pension,  or  similar
  arrangement; (b) "income" includes retirement benefits, consultant fees,
  and  stock  dividends;  and  (c)  income  is  not  received "directly or
  indirectly from permit holders or applicants for a permit" where  it  is
  derived from mutual-fund payments, or from other diversified investments
  over  which  the  recipient  does  not  know the identity of the primary
  sources of income.
2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 8 - State Pollutant Discharge Elimination System › 17-0828 - Discharges Affecting Groundwaters.

§ 17-0828. Discharges affecting groundwaters.
In  addition  to  any  other  requirements  imposed by this title, any
  person seeking a SPDES permit or a renewal  hereunder,  within  an  area
  designated  pursuant  to  any  federal or state statute as a sole source
  aquifer, shall include as a part of the required information,  the  name
  and address of all public water purveyors with a service area or portion
  thereof  located within a three mile radius of the applicant's facility.
  The names of all public water purveyors identified in the  SPDES  permit
  application  or  renewal shall be included in the project description as
  set forth when announced in the environmental notice bulletin.
For the purposes of this section "public water  purveyor"  shall  mean
  any person, partnership, public or private corporation, municipality, or
  public authority which sells water derived from a sole source aquifer to
  at least five service connections or at least twenty-five individuals.
2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 8 - State Pollutant Discharge Elimination System › 17-0829 - Inspection and Entry.

§ 17-0829. Inspection and entry.
(a)  To  carry  out  the purposes of this Act or any rule, regulation,
order, or permit, issued thereunder, the department  or  its  authorized
representative, upon presentation of his credentials:
(1)  shall  have a right of entry to, upon, or through any premises in
which any effluent source  is  located  or  in  which  any  records  are
required to be maintained;
(2)  may  at  reasonable  times  have  access  to and copy any records
required to be maintained;
(3) may inspect any monitoring equipment or method which is  required;
and
(4)  may  have  access  to  and sample any discharges or pollutants to
waters or to  publicly  owned  treatment  works  resulting  directly  or
indirectly from activities or operations of the owner or operator of the
premises in which the effluent source is located.
(b)  For the purposes of this section the term "effluent source" shall
mean:
(1) a point source of the discharge of pollutants or
(2) a  source  of  introduction  of  pollutants  into  publicly  owned
treatment works by an industrial user.
2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 8 - State Pollutant Discharge Elimination System › 17-0831 - Environmental Monitors for Tankers.

§ 17-0831. Environmental monitors for tankers.
1.  At  the  discretion  of  the commissioner, a tanker withdrawing or
  transporting water where such withdrawal  or  transport  was  authorized
  pursuant  to a permit issued under section 15-1506 of this chapter shall
  be accompanied by an environmental monitor authorized by the department.
2. It shall be the duty of such environmental monitor to  inspect  and
  monitor the compliance of such tankers with all federal, state and local
  requirements for operations and ballasting.
3. Nothing in this section shall prohibit the department from entering
  into  a  memorandum  of understanding with the board of commissioners of
  pilots, created by article six of the navigation law, to allow  licensed
  pilots to perform the functions of environmental monitors.
4.  The  department is authorized to set environmental monitoring fees
  to recover  all  costs  associated  with  such  monitors.  Every  tanker
  withdrawing or transporting water where such withdrawal or transport was
  authorized  pursuant  to  a  permit issued under section 15-1506 of this
  chapter shall be subject to such fees.
2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 9 - Procedure › 17-0901 - Hearings.

§ 17-0901. Hearings.
1. Public hearings shall be conducted by the commissioner, or his duly
  designated  representative  or  representatives  prior to issuance of an
  order  directing  any  person  to  discontinue  discharge   of   sewage,
  industrial   waste  or  other  wastes  which  contravene  the  standards
  established  for  any  waters  of  the  state  or  standards,  criteria,
  limitations,  rules  or  regulations  promulgated or applied pursuant to
  title 8 hereof.
2. The hearings herein provided may be conducted by the  commissioner,
  or  by  the duly designated hearing officer or officers, at any time and
  place.
3. A record, or summary thereof, of the proceedings of  said  hearings
  shall  be  made  and filed with the department. If requested to do so by
  any party concerned with said hearing, the full  stenographic  notes  of
  the  testimony  presented  at said hearing shall be taken and filed. The
  stenographer shall,  upon  the  payment  of  his  fees  allowed  by  law
  therefor, furnish a certified transcript of the whole or any part of his
  notes to any party to the action requiring the same.
4.  In  any  such  hearing,  the  hearing officer or any member of the
  hearing panel, may administer oaths, examine witnesses,  and  issue,  in
  the  name of the department, notices of hearings and subpoenas requiring
  the attendance and testimony of witnesses and the production of evidence
  relevant to any matter involved in any such hearing. A designation of  a
  person  or  persons  by the commissioner to perform the functions herein
  authorized shall be in writing and filed in the department.
5. In case of contumacy or refusal to obey  a  notice  of  hearing  or
  subpoena  issued  under  this  section,  the  supreme  court  shall have
  jurisdiction,  upon  application  of  the  commissioner  or   his   duly
  designated  representative,  to  issue an order requiring such person to
  appear and testify or produce evidence, as the case may require, and any
  failure to obey such order of the court may be punished by said court as
  a contempt thereof.
2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 9 - Procedure › 17-0903 - Notices; Service of Process.

§ 17-0903. Notices; service of process.
1.  Notices  of  all public hearings held pursuant to this title shall
  specify the time, date and place of hearing.
2. Service of all processes, except subpoenas, shall be  made  in  the
  same manner as a summons in a civil action or by registered or certified
  mail with a return receipt requested, addressed to the individual served
  in person or in a representative capacity as hereinafter provided at his
  last known residence, office or place of business. Such service shall be
  made  upon  a  municipality  by  serving  the chief executive or counsel
  thereof,  upon  a  sewer  district,  authority,  commission  or  private
  corporation  by  serving  an  officer thereof, or upon an unincorporated
  association or partnership or other company  of  persons,  which  has  a
  president or treasurer, by serving either of such officers.
3.  Subpoenas  shall be served upon the witnesses personally, together
  with such fees therefor as may be provided by law.
2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 9 - Procedure › 17-0907 - Hearings for Persons Aggrieved.

§ 17-0907. Hearings for persons aggrieved.
1.  This  section  shall  apply only to titles 1 to 11, inclusive, and
  title 19 of this article.
2. The commissioner shall grant a hearing to any person not previously
  heard in connection with the making of a determination,  or  order,  who
  within  twenty  days after service upon him of a copy of a notice, order
  or determination of the commissioner,  may  file  a  petition  with  the
  department  alleging  that  the  said  order  or determination is or are
  contrary  to  fact  and  injurious  to  him,  and  that  said  order  or
  determination cause him damage by the invasion of or interference with a
  private  right  or  privilege, particularly appertaining to him. At such
  hearing the petitioner may appear in  person  or  by  attorney,  present
  witnesses,  submit  evidence  and be given full opportunity to be heard.
  Following such hearing, the commissioner shall make  his  determination,
  which,  unless  an  appeal  is  taken  therefrom,  shall  be  final  and
  conclusive.
2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 10 - Control of the Bulk Storage of Petroleum › 17-1001 - Legislative Findings and Declarations.

§ 17-1001. Legislative findings and declarations.
The  legislature  finds  and declares that the lands and waters of New
  York state constitute an irreplaceable resource upon  which  is  founded
  the  well-being  of  public  health,  economic  vitality and the state's
  environment; that these resources may  be  contaminated  by  spills  and
  leaks  of  petroleum  from  active  and abandoned petroleum bulk storage
  facilities; that once contaminated the quality of these resources cannot
  be completely restored to their original state; and  that  contamination
  of  these  resources  must  be  prevented through improved safeguards in
  storage and handling.
The legislature declares these spills and leaks to be a threat to  the
  public  welfare of the state and hereby exercises the power of the state
  to  prevent  these  spills  and  leaks  from   occurring   through   the
  establishment  of  a  state  petroleum  bulk  storage  code  for new and
  substantially modified facilities.
2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 10 - Control of the Bulk Storage of Petroleum › 17-1005 - Leak Detection.

§ 17-1005. Leak detection.
1. a. The department shall promulgate rules and regulations to provide
  for  the  early  detection  of  leaks  or  potential leaks by owners and
  operators.
b. Such rules and regulations shall provide for daily measurements and
  inventory records for petroleum in each facility using  a  gauge,  gauge
  stick  or  automatic  gauging  system  as  well  as  product receipt and
  disbursement records. The department may exempt facilities which are not
  engaged in the  resale  of  petroleum  from  the  requirements  of  this
  paragraph.
2.  a.  The department shall establish minimum standards and schedules
  for testing and inspection of those portions  of  facilities  which  are
  over  ten  years  old.  Such schedules shall be based on such factors as
  inventory methods  and  electronic  monitoring  systems;  facility  age,
  condition  and  construction type; soil conditions, location of facility
  relative to water supplies and other environmental factors.
b. The department shall establish, by rule  and  regulation,  criteria
  whereby facilities are properly closed and thereby released from testing
  and  inspection  requirements.  The  department may require the owner to
  provide financial assurances to ensure that  the  facility  is  properly
  closed.  Any  decision  by the department with respect to requiring such
  financial assurances and the methods or instruments which are to be used
  shall be accompanied by a finding  regarding  the  public  interest  and
  shall set forth the reasons therefor.
2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 10 - Control of the Bulk Storage of Petroleum › 17-1009 - Registration.

§ 17-1009. Registration.
1.  The department shall consult with the state petroleum bulk storage
  advisory council to compile a  list  of  facilities  within  the  state.
  Within  thirty  days  of  the  promulgation  of rules and regulations in
  accordance with section 17-1005, section 17-1007, and  this  section  of
  this title, the department shall make available, upon request, a copy of
  such rules and regulations.
2.  All  owners  shall  register  the facility with the department. In
  cases where there are multiple tank owners at a facility, the owners  of
  the  tanks  may  designate  one  of  the tank owners to be an authorized
  representative to register the tanks. The department  is  authorized  to
  assess  a  fee  according  to  a  schedule based on the size and type of
  facility, not to exceed five hundred  dollars  per  facility.  Such  fee
  shall  be  paid  at  the  time  of registration or registration renewal.
  Registration shall be renewed every five years or whenever ownership  of
  a  facility  is  transferred,  whichever  occurs  first. The owner shall
  notify the department when the authorized representative or operator  of
  the  facility changes. In addition to such registration requirements and
  pursuant to leak detection requirements set forth in section 17-1005  of
  this  title,  notwithstanding  any  other  provision  of  law,  rule  or
  regulation, the department shall duly notify the facility owner  of  the
  requirement  for  such owner to perform the required tightness test on a
  petroleum bulk storage tank no less than forty-five days  prior  to  the
  date  of the test expiration on the tank. All fees collected pursuant to
  this subdivision shall  be  deposited  in  the  New  York  environmental
  protection  and  spill compensation fund established pursuant to section
  one hundred seventy-nine of the navigation law. The owner  must  submit,
  with  each  application  for  registration  or  registration  renewal, a
  five-year fee as follows:
Combined Storage Capacity at Facility         5-Year Fee
Greater than 110 gallons to 1,100 gallons     $0 per facility
Greater than 1,100 gallons to
less than 2,000 gallons                     $100 per facility
Greater than 2,000 gallons to
less than 5,000 gallons                     $300 per facility
5,000 gallons to less than
400,000 gallons                             $500 per facility
3. The owner shall, within thirty  days  prior  to  reconditioning  or
  replacement  of  an  existing  tank  or  installation of a new tank at a
  facility, notify the  department  in  writing  of  such  reconditioning,
  replacement or installation.
4.  Owners  who  become  newly subject to registration requirements of
  this section must, within one year of becoming subject to this  section,
  register  the  facility  and  complete any modifications to tanks at the
  facility to be in compliance with the regulations  promulgated  pursuant
  to this title.
2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 10 - Control of the Bulk Storage of Petroleum › 17-1011 - Access to Records and Facilities.

§ 17-1011. Access to records and facilities.
1.  Every  owner  or  operator  shall,  upon  reasonable notice of the
  commissioner or his  designee,  permit  a  duly  designated  officer  or
  employee of the department at all reasonable times to have access to and
  to  copy  all books, papers, documents and records relating to the daily
  measurement and inventory of petroleum stored at a facility.
2. Any duly designated officer or employee of the department  may,  at
  reasonable  times  and  upon  reasonable notice of the commissioner or a
  designee, enter and inspect any facility, provided that such officer  or
  employee  shall  be  accompanied  by  the  owner  or  operator  or their
  designee.
2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 10 - Control of the Bulk Storage of Petroleum › 17-1013 - State Petroleum Bulk Storage Advisory Council.

§ 17-1013. State petroleum bulk storage advisory council.
1.  There is hereby created within the department the "state petroleum
  bulk storage advisory council" hereinafter referred to as the "council".
  Such council shall consist of seven members, at least one of whom  shall
  be  a  representative  of  operators  other than owners in the state, at
  least one of whom shall be a representative of owners in the  state,  at
  least  one  of whom shall be a representative of municipal corporations,
  and at least two of whom shall be representatives of organizations whose
  prime function is the protection of natural resources and enhancement of
  the environmental quality of the state. The members of the council shall
  be appointed by the commissioner within three months  of  the  effective
  date  of  this  title. Each member shall be, by professional training or
  experience and attainment, qualified to analyze  and  interpret  matters
  pertaining to bulk storage of petroleum.
2.  One  member shall be elected chairman of the advisory council by a
  majority vote of the members of such council.
3. The members of the council shall  serve  without  compensation  for
  their  services  as members of the council, except that each of them may
  be allowed the necessary and actual expenses which he shall incur in the
  performance of his duties under this section.
4. The council shall have the power, duty and responsibility to:
a. Serve as a working forum  for  the  exchange  of  views,  concerns,
  ideas,  information  and recommendations relating to the bulk storage of
  petroleum.
b. Advise the department on the proposal, preparation and revision  of
  the  rules and regulations necessary to carry out the provisions of this
  title.
c. Request and receive from the department  at  each  meeting  of  the
  council  any  portions  of  the rules and regulations then available for
  review, whether in final or draft form, and any supporting documents  or
  other pertinent data.
d.  Before  promulgation of the rules and regulations required by this
  title, the commissioner shall first submit such rules and regulations to
  the council for review. The council shall, within  sixty  days  of  such
  submission,  recommend  in  writing  to  the  commissioner any suggested
  modifications to such rules and regulations.
5.  The  recording  of  council  proceedings  shall  be  performed  by
  personnel of the department.