reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 703 - Surface Water and Groundwater Quality Standards and Groundwater Effluent Limitations › Section 703.7 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or its application to any
						person or circumstance is held to be invalid, the remainder of this Part and
						the application of that provision to other persons or circumstances will not be
						affected.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 703 - Surface Water and Groundwater Quality Standards and Groundwater Effluent Limitations › Section 703.8 to 703.11 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 704 - Criteria Governing Thermal Discharges › Section 704.1 - Water quality standards for thermal discharges

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All thermal discharges to the waters of
					 the State shall assure the protection and propagation of a balanced, indigenous
					 population of shellfish, fish, and wildlife in and on the body of
					 water.
(b) The criteria contained
					 in this Part shall apply to all thermal discharges and shall be complied with,
					 except as provided in this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 704 - Criteria Governing Thermal Discharges › Section 704.2 - Criteria governing thermal discharges

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General criteria. The following criteria
					 shall apply to all waters of the State receiving thermal discharges, except as
					 provided in section
					 704.6 
					 of this Part:
(1) The natural seasonal cycle
					 shall be retained.
(2) Annual
					 spring and fall temperature changes shall be gradual.
(3) Large day-to-day temperature fluctuations
					 due to heat of artificial origin shall be avoided.
(4) Development or growth of nuisance
					 organisms shall not occur in contravention of water quality
					 standards.
(5) Discharges which
					 would lower receiving water temperature shall not cause a violation of water
					 quality standards and section
					 704.3  of
					 this Part.
(6) For the protection
					 of the aquatic biota from severe temperature changes, routine shut down of an
					 entire thermal discharge at any site shall not be scheduled during the period
					 from December through March.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 704 - Criteria Governing Thermal Discharges › Section 704.3 - Mixing zone criteria

Current through Register Vol. 46, No. 28, July 10, 2024
The following criteria shall apply to all waters of the
						State receiving thermal discharges, except as provided in section
						704.6 
						of this Part.
(a) The department shall
					 specify definable, numerical limits for all mixing zones (e.g., linear
					 distances from the point of discharge, surface area involvement, or volume of
					 receiving water entrained in the thermal plume).
(b) Conditions in the mixing zone shall not
					 be lethal in contravention of water quality standards to aquatic biota which
					 may enter the zone.
(c) The
					 location of mixing zones for thermal discharges shall not interfere with
					 spawning areas, nursery areas and fish migration routes.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 704 - Criteria Governing Thermal Discharges › Section 704.4 - Additional limitations or modifications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An applicant may apply for a modification
					 of the criteria set forth in sections
					 704.2
					 and
					 704.3  of
					 this Part.
(b) Upon receipt of such
					 application, the commissioner shall confer with the U.S. Environmental
					 Protection Agency and shall transmit to that agency information to enable the
					 administrator to fulfill responsibilities under Federal Law.
(c) The applicant shall have the burden of
					 establishing to the satisfaction of the commissioner that one or more of the
					 criteria are unnecessarily restrictive as to a particular project in that a
					 modification of such criterion, or criteria, as the case may be, would assure
					 the protection and propagation of a balanced indigenous population of
					 shellfish, fish, and wildlife in and on the body of water into which the
					 discharge is to be made.
(d) The
					 applicant shall consult with the Department of Environmental Conservation to
					 determine appropriate studies which shall be conducted by the applicant. Prior
					 approval shall be obtained by the applicant for a program of studies that will
					 determine the impact of any proposed modification. Such studies shall include,
					 but shall not be limited to:
(1) A comparative
					 analysis of environmental effects of the thermal discharge on the receiving
					 waters when subject to the stated criteria of this Part, and when subject to
					 the applicant's proposed modification.
(2) An analysis of the different discharge
					 modes (e.g., surface or subsurface) and the advantages and disadvantages of
					 each mode with regard to effects on aquatic life.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 704 - Criteria Governing Thermal Discharges › Section 704.5 - Intake structures

Current through Register Vol. 46, No. 28, July 10, 2024
The location, design, construction and capacity of
						cooling water intake structures, in connection with point source thermal
						discharges, shall reflect the best technology available for minimizing adverse
						environmental impact.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 704 - Criteria Governing Thermal Discharges › Section 704.6 - Applicability of criteria

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
					 determining that a discharge existing prior to July 25, 1969 has violated the
					 standard for thermal discharges, as provided in section
					 704.1(a) 
					 of this Part, the violation of any of the criteria contained in this Part shall
					 not constitute evidence of a violation of such standard unless it is also shown
					 that the violation of such criteria has contributed to the violation of the
					 standard.
(b) The provisions of
					 subdivision (a), subparagraphs (1)(iii), (2)(iv), (3)(iii), (4)(ii), (5)(iv),
					 and paragraph (b)(6) of section
					 704.2 
					 of this Part, and section
					 704.3, shall
					 apply only to thermal discharges which have been brought into existence
					 subsequent to July 31, 1973, or to which the criteria contained in this Part
					 were intended to apply pursuant to any certification issued by the commissioner
					 pursuant to section 401(d) of the Federal Water Pollution Control Act
					 amendments of 1972.
(c) Whenever
					 the commissioner has reason to believe that a thermal discharge, existing prior
					 to the adoption of this Part, does not conform to section
					 704.1(a) 
					 of this Part, he may impose appropriate criteria contained in this Part upon
					 such thermal discharge, unless, after public hearing, the owner or operator of
					 any such thermal discharge establishes to the satisfaction of the commissioner
					 that either such thermal discharge does conform to such subdivision (a) or that
					 any such criteria are more stringent than necessary to assure conformance with
					 such subdivision (a).
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 704 - Criteria Governing Thermal Discharges › Section 704.7 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or its application to any
						person or circumstance is held to be invalid, the remainder of this Part and
						the application of that provision to other persons or circumstances will not be
						affected.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 705 - References › Section 705.1 - Federal statutes or regulations

Current through Register Vol. 46, No. 28, July 10, 2024
The following Federal statutes or regulations have been
						referenced in Parts 700-704 of this Title:
(a) 40 CFR Part 136  means Part 136 of title 40
					 of the Code of Federal Regulations, as of July 1, 1988 (Protection of the
					 Environment).
(b) The Federal Water
					 Pollution Control Act of 1972,  33 USC 466  et seq., effective October 18,
					 1972.
(c) All United States
					 publications referenced above are available from the Superintendent of
					 Documents, U.S. Government Printing Office, Washington, DC 20402.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 705 - References › Section 705.3 - Availability

Current through Register Vol. 46, No. 28, July 10, 2024
All material referenced in Parts 700-704 of this Title is
						available for copying and inspection at the Department of Environmental
						Conservation, Division of Water, 625 Broadway, Albany, NY
						12233.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 705 - References › Section 705.4 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or its application to any
						person or circumstance is held to be invalid, the remainder of this Part and
						the application of that provision to other persons or circumstances will not be
						affected.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 706 - APPENDICES FOR PARTS 700-705 › Section 706.1 - Appendix for section 702.9

Current through Register Vol. 46, No. 28, July 10, 2024
AQUATIC LIFE PROCEDURES
I.
INTRODUCTION
A. This Appendix provides procedures to
					 derive standards and guidance values to protect aquatic life from acute and
					 chronic effects. Tier I procedures, sections III through XI, are used where the
					 required data described in section III.B for freshwater species or section
					 III.C for saltwater species are available. Tier II procedures, sections XII
					 through XVI, are used where the data requirements in sections III.B or III.C
					 are not met.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 706 - APPENDICES FOR PARTS 700-705 › Section 706.2 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or its application to any
						person or circumstance is held to be invalid, the remainder of this Part and
						the application of that provision to other persons or circumstances will not be
						affected.
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 750-1 - OBTAINING A SPDES PERMIT AND POSS REGISTRATION › Section 750-1.1 - Scope and purpose

Current through Register Vol. 46, No. 28, July 10, 2024
(a) New
						York State has a State program that has been approved by the United States
						Environmental Protection Agency for the control of wastewater and storm water
						discharges in accordance with the act. Under New York State law the program is
						known as the State Pollutant Discharge Elimination System (SPDES) and is
						broader in scope than that required by the act in that it controls point source
						discharges to groundwaters as well as surface waters.
(b) The regulations in this Part prescribe
						procedures and substantive rules concerning the SPDES Program as set forth in
						the statutory authority for this Part. The SPDES Program does not apply to:
(1) Indian activities on Indian lands under
						the jurisdiction of the United States; or
(2) those discharges that are deemed
						prohibited by section 17-0807 of the ECL or section
						750-1.4 
						of this Subpart.
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 750-1 - OBTAINING A SPDES PERMIT AND POSS REGISTRATION › Section 750-1.3 - Prohibited discharges

Current through Register Vol. 46, No. 28, July 10, 2024
The following discharges into the waters of the State
						  are hereby prohibited, and no SPDES or other permit shall be issued authorizing
						  any such discharge:
(a) the discharge
						of any radiological, chemical or biological warfare agent or high-level
						radioactive waste, pursuant to section 301(f) of the act (see section 750-1.25 
						of this Subpart);
(b) any discharge
						that the Secretary of the Army, acting through the chief of engineers, finds
						would substantially impair anchorage or navigation;
(c) any discharge to which the regional
						administrator has objected in writing, pursuant to any right to object provided
						the administrator in section 402(d) of the act and
						40 CFR
						123.44 (see section 750-1.25 of this
						Subpart), provided that the permittee is provided with a copy of said written
						objection subject to the permittee's right to appeal under applicable law and
						regulation;
(d) any discharge from
						a point source, which is in conflict with a plan or amendment thereto approved
						pursuant to section 208(b) of the act and  40 CFR part 35  (see section 750-1.25
						of this Subpart), or any other discharge not permitted by this Part, ECL
						article 17, other rules and regulations adopted or applicable pursuant thereto
						or to the act, or the provisions of an SPDES permit;
(e) when the conditions of the permit do not
						provide for compliance with the applicable requirements of the act, or
						regulations promulgated under the act; and
(f) when the imposition of conditions cannot
						ensure compliance with the applicable water quality requirements of all
						affected States.
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 750-1 - OBTAINING A SPDES PERMIT AND POSS REGISTRATION › Section 750-1.4 - Requirement to obtain a permit

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
						Except as provided in section
						750-1.5(a) 
						of this Subpart, no person shall discharge or cause a discharge of any
						pollutant without a SPDES permit having been issued to such person pursuant to
						this Part and ECL article 17, title 7 or 8, with respect to such discharge; and
						no person shall discharge or cause a discharge of any pollutant in a manner
						other than as prescribed by such permit.
(b) For discharges of storm water that are
						not to groundwater, permits shall be required in accordance with
						40
						CFR 122.26 except as provided in section 1069
						of the Federal Intermodal Transportation Efficiency Act of 1991.
(c) All permits for discharges into navigable
						waters issued by the Federal government pursuant to the act shall be deemed to
						be permits issued under this article, and shall continue in force and effect
						for their term unless revoked, modified or suspended in accordance with the
						provisions of this Title.
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 750-1 - OBTAINING A SPDES PERMIT AND POSS REGISTRATION › Section 750-1.6 - Applications to obtain individual SPDES permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person who is required to obtain an
						individual SPDES permit with respect to either an existing unpermitted
						discharge who previously was not required to obtain an individual permit, who
						were previously required but have not obtained an individual permit or who is
						required to obtain an individual SPDES permit for a proposed discharge shall
						make application for such permit in the manner prescribed in this section. When
						a facility or activity is owned by one person but is operated by another
						person, it is the operator's duty to obtain a permit.
(b)
Existing unpermitted discharges
						that previously did not require an individual permit.
(1) Such person shall either:
(i) have filed a SPDES application satisfying
						the filing requirements of this Title, which has not been denied; or
(ii) file a SPDES application satisfying the
						filing requirements of this Title no later than 60 days following receipt by
						the person of notice of incomplete application.
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 750-1 - OBTAINING A SPDES PERMIT AND POSS REGISTRATION › Section 750-1.8 - Signature of SPDES forms

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
						SPDES applications and reports required by a SPDES permit shall be signed as
						provided in
						40
						CFR 122.22 (see section 750-1.25 of this
						Subpart) except that, in lieu of a signature, the department may permit the use
						of a unique identifier assigning responsibility for the veracity of the
						information contained in an application to the same person or persons that
						would otherwise be required to sign the application in this section. Such a
						document with a unique identifier shall be considered a signed document with a
						certifying signature and a written instrument that could subject the signatory
						to liability under the New York State Penal Law for officers concerning perjury
						and false written statements pursuant to articles 175 and 210 of said
						law.
(b) On the basis of previous
						violations by the duly authorized representative of the permittee for
						falsification of reports to the department, the department may revoke that
						person's authorization to sign reports to the department.
(c) No person shall knowingly make any
						material false statement, representation, or certification in any application,
						record, report, plan, or other document filed or required to be maintained
						under this permit, including monitoring reports or reports of compliance or
						noncompliance. Any person who violates this subsection shall be liable for
						violation of ECL section 71-1933 and subject to a fine and/or imprisonment
						thereunder.
(d) All applications,
						reports, or notifications required or authorized to be made or filed by this
						Part or ECL article 17, title 7 or 8, or by the provisions or conditions of any
						permit issued pursuant thereto, by or on behalf of a permittee, applicant for a
						permit or person subject to the requirement of a permit shall be sworn to in
						respect to all statements of fact therein or shall bear an executed statement
						as provided in section 210.45 of the New York State Penal Law to the effect
						that false statements made therein are made under penalty of perjury.
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 750-1 - OBTAINING A SPDES PERMIT AND POSS REGISTRATION › Section 750-1.9 - Draft permits and fact sheets for new or modified SPDES permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If the
						department determines to issue a SPDES permit, the department shall develop a
						draft SPDES permit in advance of public notice of the application pursuant to
						Part 621 of this Title.
(b) With
						respect to every application for a facility designated by USEPA as major, for
						every facility that is not an EPA major with a design flow equal to or in
						excess of 500,000 gallons per day, for every general permit, and for all
						permits that incorporate a variance or requires an explanation under
						40
						CFR 124.56 (see section 750-1.25 of this
						Subpart) the department shall prepare a fact sheet. In response to requests for
						fact sheets, the department may elect to provide copies of a draft permit and
						public notice together with the fact sheet, in which case, information provided
						on the draft permit and public notice need not be separately provided on the
						fact sheet. The contents of such fact sheets shall comply with the requirements
						of 40
						CFR 124.8 and
						124.56 (see section
						750-1.25 of this Subpart) and include:
(1)
						any water quality determinations based on a total maximum daily loading/waste
						load allocation/load allocations as set forth in
						40
						CFR 130.7 (see section 750-1.25 of this
						Subpart); and
(2) for total maximum
						daily loading/waste load allocation/load allocations (TMDL/WLA/LA) where the
						proposed permittee is the only point source, a notice that the public process
						for the permit will also be the public notice for the TMDL/WLA/LA provided that
						such notice complies with the notice requirements in
						40
						CFR 130.7 (see section 750-1.25 of this
						Subpart).
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 750-1 - OBTAINING A SPDES PERMIT AND POSS REGISTRATION › Section 750-1.12 - Public notification of discharges

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person possessing a SPDES permit
						which allows the discharge of wastewater into the surface waters of the State
						shall post a sign as provided for in subdivision (b) of this section at all
						discharge points to surface waters, except for those sites where the discharge
						is composed exclusively of stormwater or those sites for which the requirements
						of this section have been waived in accordance with subdivision (e) or (f) of
						this section.
(b)
(1) All SPDES permittees who discharge to
						surface waters shall erect or post a conspicuous and legible sign of not less
						than 18 inches by 24 inches bearing the following statement: "N.Y.S. Permitted
						Discharge Point Permit No. (insert SPDES permit number here). For information
						on this discharge you can contact: (insert contact information here)." The sign
						shall also contain the following information: The SPDES permit number as issued
						by the department; the name and telephone number of the permittee that shall be
						the business office repository of the permittee as required by this section;
						and the name, address and telephone number of the regional office in which the
						discharge is located.
(2) The
						permittee shall provide for public review at the business office repository of
						the permittee or at the off-premises location of its choice, provided the
						custodian of the off-premise location grants written permission, (such
						off-premise location shall be the village, town, city or county clerk's office,
						local library or other location accessible by the public) all the discharge
						monitoring reports (DMR) prepared by the permittee 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, or within 60 days
						of preparation for DMRs not required to be submitted to the department. This
						information shall be kept on file for the period of five years.
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 750-1 - OBTAINING A SPDES PERMIT AND POSS REGISTRATION › Section 750-1.13 - Monitoring requirements in SPDES permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any discharge authorized by a SPDES
						permit shall be subject to such requirements for monitoring the intake,
						discharge, waters of the State or other source or sink as may be reasonably
						required by the department to determine compliance with effluent limitations
						and water quality standards that are or may be effected by the discharge;
						including the installation, use, and maintenance of monitoring equipment or
						methods (including, where appropriate, biological monitoring methods), and if
						imposed shall be included as provisions of the SPDES permit.
(b) Any discharge authorized by a SPDES
						permit that is not a minor project (as defined in Part 621 of this Title);
						which the regional administrator requests, in writing, be monitored; which
						contains toxic pollutants for which effluent limitations have been established
						by the administrator pursuant to section 307(a) of the act and 40 CFR parts 129
						and 405-471 inclusive (see section 750-1.25  of this Subpart); or to which the
						department applies this section; shall, upon inclusion of such requirements in
						the SPDES permit, be monitored by the permittee for at least the following:
(1) flow; and
(2) the following pollutants:
(i) pollutants (measured either directly or
						indirectly through the use of accepted correlation coefficients or equivalent
						measurements) that are subject to tracking, reduction, elimination or
						limitation under the provisions of the permit; and
(ii) any pollutants in addition to the above,
						which EPA requests, in writing and in accordance with agreements between EPA
						and the department, be monitored.
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 750-1 - OBTAINING A SPDES PERMIT AND POSS REGISTRATION › Section 750-1.15 - Duration of SPDES permits

Current through Register Vol. 46, No. 28, July 10, 2024
SPDES permits issued for discharges to waters of the
						  State other than groundwaters shall be valid for a fixed term not to exceed
						  five years. SPDES permits issued for discharges to groundwaters shall be valid
						  for a term not to exceed 10 years.
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 750-1 - OBTAINING A SPDES PERMIT AND POSS REGISTRATION › Section 750-1.16 - Renewal of existing SPDES permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any permittee who intends to continue to
						discharge beyond the period of time covered in the applicable SPDES permit must
						file for renewal of the permit at least 180 days prior to its expiration.
						Filing for renewal shall be made by the permittee on forms provided by the
						department.
(b) SPDES permits maybe
						administratively renewed.
(c) At
						administrative renewal the department shall make available to the public:
(1) the applicant's name and
						address;
(2) a brief description of
						the project;
(3) a list of
						department permits directly related to the project for which application is
						pending;
(4) the name and
						classification of the receiving water body;
(5) the permits priority ranking
						score;
(6) the name and telephone
						number of the department contact person;
(7) the existing permit application, draft
						permit, fact sheet, priority ranking sheet and a description of the SPDES
						priority ranking system; and
(8) an
						opportunity to submit written comments or request a public hearing on the
						permit application or the permit's priority ranking score.
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 750-1 - OBTAINING A SPDES PERMIT AND POSS REGISTRATION › Section 750-1.17 - Transfer of permit

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To transfer
						a permit to a new owner or operator, written application for permit
						modification must be made to the department on the forms provided by the
						department for permit transfers.
(b) In order for operation of the facility to
						continue without interruption, application must be made at least 30 days in
						advance of the transfer.
(c) If,
						when the ownership or operation is transferred, the volume or composition of
						the facility discharge will be altered beyond that provided for in the permit,
						a new application for permit shall be required.
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 750-1 - OBTAINING A SPDES PERMIT AND POSS REGISTRATION › Section 750-1.18 - Modification of SPDES permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
						SPDES permits maybe modified in accordance with Part 621 of this
						Title.
(b) In addition to the
						grounds set forth in Part 621 of this Title, the department may modify a SPDES
						permit on any of the following grounds:
(1)
						the permit has attained a level of sufficient priority in accordance with the
						priority system set forth under section
						750-1.19 
						of this Subpart for the department;
(2) satisfaction of the terms of a special
						permit condition or requirement has not achieved expressed objectives of the
						special permit condition or requirement;
(3) when required to satisfy a condition or
						conditions of a permit;
(4) to
						adjust permit limitations, where adjustment of such permit limits would not
						cause the permittee to violate such adjusted permit limits and adjustment of
						the permit limitations is necessary to allow a new or increased discharge from
						another permittee in accordance with a total maximum daily load/waste load
						allocation/load allocation as set forth in
						40
						CFR 130.7 (see section 750-1.25 of this
						Subpart);
(5) to correct technical
						mistakes, such as typographical errors and errors in calculation, or mistaken
						interpretations of law made in determining permit conditions or to make changes
						to monitoring requirements or make other minor technical adjustments;
(6) to implement a department initiative that
						is a legal requirement from applicable law or regulation; or
(7) when necessary to comply with the Clean
						Water Act.
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 750-1 - OBTAINING A SPDES PERMIT AND POSS REGISTRATION › Section 750-1.19 - Modification priority ranking system

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department shall review each existing
						permit at least once every five years to determine whether the permit conforms
						with changes to law, regulation or whether physical circumstances have changed
						since the permit last received full technical review.
(b) If any applicable toxic effluent standard
						or prohibition (including any schedule of compliance specified in such effluent
						standard or prohibition) is promulgated under section 307(a) of the Clean Water
						Act for a toxic pollutant and that standard or prohibition is more stringent
						than any limitation on the pollutant in the permit, the department shall
						institute proceedings to modify the permit in order to achieve conformance with
						the toxic effluent standard or prohibition and in conformance with ECL
						17-0809.
(c) The department shall
						use a priority ranking system of SPDES permits. The ranking system shall
						prioritize permits for full technical review and, when necessary,
						modification.
(d) The department
						may require the permittee to submit a comprehensive application as set forth in
						sections
						750-1.6
						and
						750-1.7 
						of this Subpart or other information prior to conducting a full technical
						review of the permit. The permittee shall submit any information or data as the
						department may reasonably require for the purposes of fulfilling its
						responsibilities under the ECL and the act, within 90 days from the date of the
						request, unless an extension is granted by the department. If the department
						subsequently issues a revised permit, that permit will be deemed anew permit
						rather than a modification.
(e)
						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 the priority ranking list in
						effect at the time of the publication, and solicit and provide for the
						involvement of the public in a review of the priority ranking list. The
						published list may be limited to those permits that have attained a priority
						ranking scores high enough to be likely to be selected for complete technical
						review within the 12 months following publication.
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 750-1 - OBTAINING A SPDES PERMIT AND POSS REGISTRATION › Section 750-1.20 - Denial, suspension or revocation of a permit

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department may deny an application
						for a SPDES permit if the department determines:
(1) that the discharge will result in
						contravention of effluent limitations, water quality standards or guidance
						values;
(2) that the permittee or
						applicant has been convicted of a crime related to the permitted activity under
						any Federal or State law; or
(3)
						the permittee or applicant has been determined in an administrative, civil or
						criminal proceeding to have violated any provision of the ECL, any related
						order or determination of the commissioner, any regulation of the department,
						any condition or term of any permit issued by the department, or any similar
						statute, regulation, order or permit condition of the Federal or other state
						government, or agency, on one or more occasions and in the opinion of the
						department, the violation that was the basis for the action posed a significant
						potential threat to the environment or human health, or is part of a pattern of
						noncompliance.
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 750-1 - OBTAINING A SPDES PERMIT AND POSS REGISTRATION › Section 750-1.21 - SPDES general permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
						department may issue a general permit, upon application or on its own
						initiative, to cover a category of point sources of one or more discharges
						within a stated geographical area that:
(1)
						involve the same or substantially similar types of operations;
(2) discharge the same types of
						pollutants;
(3) require the same
						effluent limitations or operating conditions;
(4) require the same or similar monitoring;
						and
(5) that will result in minimal
						adverse cumulative impacts.
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 750-1 - OBTAINING A SPDES PERMIT AND POSS REGISTRATION › Section 750-1.22 - POSS registrations

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
The owner of a POSS must register the POSS with the
						  department as specified in this section.
(b)
Discharge reporting and
						notification requirements.
Owners and operators of POSSs must comply with the
						  reporting and notification requirements of section
						  750-2.7(b)
						  and (d)  of this Part.
(c)
POSS registration
						procedures.
(1) Registrations are
						ministerial actions for the purposes of Part 617 (State Environmental Quality
						Review) of this Title and are not subject to Part 621 (Uniform Procedures) of
						this Title.
(2) Construction of a
						POSS shall not commence until the owner of the POSS has registered the POSS
						with the department by providing all information requested on a registration
						form as prescribed by the department. All registration forms shall be signed by
						the ranking elected official or principal executive officer of the municipality
						that owns the POSS.
(3) Existing
						POSSs must be registered with the department within 30 days of the effective
						date of this section.
(4) The
						department will validate complete registration forms and return a validated
						copy to the owner of the registered POSS. The owner of the registered POSS
						shall provide a copy of the validated registration to the POTW to which it
						discharges within 10 days of receipt of the validated registration.
(5) The owner of a POSS must submit a
						registration form to the department and obtain a validated amended registration
						form from the department prior to modifying the POSS.
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 750-1 - OBTAINING A SPDES PERMIT AND POSS REGISTRATION › Section 750-1.23 - Confidentiality of information

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
						The following shall not be held confidential: the name and address of any
						permit applicant or permittee; effluent data, SPDES permits, permit
						applications (including permit renewal applications), priority ranking fact
						sheets or requests for permit modification, suspension or revocation, including
						information submitted on the forms themselves and any attachments used to
						supply information required by the forms (except information submitted on usage
						of substances).
(b) Upon request of
						the applicant, the department shall make determinations of confidentiality in
						accordance with Part 616 of this Title, except as set forth by subdivision (a)
						of this section.
(c) Any
						information accorded confidential status shall be disclosed to the regional
						administrator upon his or her written request. Prior to disclosing such
						information to the regional administrator, the department will notify the
						regional administrator of the confidential status of such
						information.
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 750-1 - OBTAINING A SPDES PERMIT AND POSS REGISTRATION › Section 750-1.24 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application
						  thereof to any person or circumstance is held invalid by a court of competent
						  jurisdiction, such judgment shall not affect or impair the validity of the
						  other provisions of this Part or the application thereof to other persons and
						  circumstances.
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 750-2.2 - Exclusions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The issuance of
						a SPDES permit by the department and the receipt thereof by the applicant does
						not supersede, revoke or rescind an order on consent or modification thereof or
						any of the terms, conditions or requirements contained in such order or
						modification thereof unless specifically intended by said order or a newly
						issued order.
(b) The issuance of a
						SPDES permit does not convey any property rights in either real or personal
						property, or any exclusive privileges, nor does it authorize any injury to
						private property or any invasion of personal rights, nor any infringement of
						Federal, State or local laws or regulations; nor does it obviate the necessity
						of obtaining the assent of any other jurisdiction as required by law for the
						discharge authorized.
(c) A SPDES
						permit does not authorize or approve the construction of any onshore or
						offshore physical structures or facilities or the undertaking of any work in
						any navigable waters.
(d)
Oil and hazardous substance liability.
The imposition of responsibilities upon, or the
						  institution of any legal action against the permittee under section 311 of the
						  act (see section 750-1.25  of this Part) shall be in conformance with
						  regulations promulgated pursuant to section 311 governing the applicability of
						  section 311 of the Clean Water Act to discharges from facilities with NPDES
						  permits.
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 750-2.3 - Inspection and entry

Current through Register Vol. 46, No. 28, July 10, 2024
The permittee shall allow the commissioner, the
						  regional administrator, the applicable county health department, or their
						  authorized representatives, upon the presentation of credentials and other
						  documents as may be required by law, to:
(a) enter upon the permittee's premises where
						a regulated facility or activity is located or conducted, or where records must
						be kept under the conditions of a SPDES permit;
(b) have access to and copy, at reasonable
						times, any records that must be kept under the conditions of the permit,
						including records required to be maintained for purposes of operation and
						maintenance;
(c) inspect at
						reasonable times any facilities, equipment (including monitoring and control
						equipment), practices, or operations regulated or required under the
						permit;
(d) sample or monitor at
						reasonable times, for the purposes of assuring permit compliance or as
						otherwise authorized by the act or ECL, any substances or parameter sat any
						location;
(e) enter upon the
						property of any contributor of wastewater to the system under authority of the
						permittee's Sewer Use Law, ordinance (municipalities) or regulations;
						and
(f) if any part of the
						permittee's sewer system or sewage treatment works is located on any property
						not owned by the permittee, the permittee must be able to reasonably
						demonstrate to the satisfaction of the department that it has legal access to
						these locations or facilities and ensure that the commissioner, the regional
						administrator or the county health department or any authorized representative
						thereof, upon presentation of credentials, will have access to these locations
						and facilities.