New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 3 - STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM › Part 750 - STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) PERMITS › Subpart 750-2 - OPERATING IN ACCORDANCE WITH A SPDES PERMIT AND POSS REGISTRATION › Section 750-2.10 - Special provisions - new or modified disposal systems or service areas

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as
						provided in subdivision (h) of this section, prior to construction of any new
						or modified waste disposal system or modification of a facility or service area
						generating wastewater that could alter the design volume of, or the method or
						effect of treatment or disposing of the sewage, industrial waste or other
						wastes, from an existing disposal system, provided that discharge from such
						system is required in accordance with this Part to be authorized under a SPDES
						permit, the permittee shall submit to the regional water engineer an approvable
						engineering report, plans, and specifications that have been prepared by a
						person or firm licensed to practice professional engineering in the State of
						New York in accordance with standards accepted by the department.
(b) The construction of such new or modified
						disposal system shall not start until the discharger receives written approval
						of the system from the department and an issued permit. The department may
						require the discharger to remove any constructed disposal system or portion
						thereof if such a system or portion thereof is constructed prior to written
						approval from the department. The department may approve portions of disposal
						systems to allow for design and construction of disposal systems to proceed at
						the same time.
(c) The construction
						of such new or modified disposal system shall be under the general supervision
						of a person or firm licensed to practice professional engineering in the State
						of New York. Upon completion of construction, that person or firm shall certify
						to the department that the disposal system has been fully completed in
						accordance with the approved engineering report, plans and specifications,
						permit and letter of approval; and the permittee shall receive written
						acceptance of such certificate from the department prior to commencing
						discharge.
(d) The department
						reviews disposal system reports, plans, and specifications for treatment
						process capability only, and approval does not represent any opinion of the
						system's structural integrity.
(e)
						Department approval of the disposal system or service area does not relieve the
						permittee of any responsibility for compliance with its SPDES permit.
(f) The department may accept, in lieu of
						submission of engineering reports or plans and specifications, certification by
						a person or firm licensed to practice professional engineering in the State of
						New York that the design of the disposal system or service area conform to
						design standards accepted by the department. The department may require
						certification by letter or form (where the form may include but is not limited
						to a checklist consistent with the applicable standards). Such certifications
						shall be deemed notifications in accordance with ECL section 17-0819.
(g) The following standards are accepted by
						the department:
(1) ten states standards (see
						section 750-1.25  of this Part) for use in designing POTWs and POTW collection
						systems;
(2) intermediate design
						standards (see section 750-1.25  of this Part) for use in designing facilities
						that are not POTWs, which treat only sanitary sewage; and
(3) other standards that are acceptable by
						the department.