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 750-1.5 - Exceptions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following
						acts do not require a SPDES permit under ECL article 17, title 7 or 8, or this
						Part:
(1) any discharge in compliance with
						the instructions of an on- scene coordinator (usually the department spill
						response coordinator) pursuant to  40 CFR 300  (The National Oil and Hazardous
						Substances Pollution Contingency Plan) or  33 CFR 153.10(e)  (Pollution by Oil
						and Hazardous Substances) (see section 750-1.25  of this Subpart) or an order
						issued pursuant to article 12 of State Navigation Law;
(2) any discharge incompliance with an order
						issued pursuant to ECL 27-1313 to implement a department approved inactive
						hazardous waste remedial site program provided that such discharge complies
						with the substantive requirements of a SPDES permit, or any discharge under any
						remedial or corrective action work plan approved by the department provided
						that such work plan includes public notification and response to the public
						equivalent to that required under either ECL 27-1313 or Part 621 of this Title,
						and provided that such discharge complies with the substantive requirements of
						a SPDES permit;
(3) additions of
						pollutants into a POTW that are otherwise in compliance with this Part;
						provided, however, that this exception does not relieve any permittee from the
						obligation to comply with section
						750-1.11 
						of this Subpart;
(4)
(i) the construction and use of a new or
						modified disposal system, point source or outlet, when such disposal system,
						point source or outlet is designed to discharge or discharges sewage effluent
						without the admixture of industrial wastes or other wastes to the groundwaters
						of the State when such discharge consists of a flow of less than 1,000 gallons
						per day;
(ii) nothing contained in
						this paragraph shall be construed to permit the making or use of a disposal
						system, outlet or point source discharging an effluent to the waters of the
						State which causes or contributes to contravention of any water quality
						standards contained in Part 700
et seq.
of this Title or
						guidance values adopted pursuant thereto or discharging an effluent in such
						manner as to expose sewage on the ground surface, impair the quality of waters
						of the State used for drinking purposes or otherwise create a nuisance or
						menace to health;
(iii) a county,
						city, town or village may adopt and enforce additional local laws, ordinances
						and regulations, or enforce existing local laws, ordinances and regulations,
						relating to discharges of sewage in cases covered by this paragraph, including
						local laws, ordinances and regulations requiring a permit for disposal systems,
						point sources or outlets for such discharges, provided that such local laws,
						ordinances and regulations are not inconsistent with the provisions of the ECL
						or the State Sanitary Code;
(5) any discharge of sewage from vessels,
						including effluent from properly functioning marine engines, laundry, shower
						and galley sink wastes, or any other discharge incidental to the normal
						operation of a vessel; provided that such discharge is in compliance with
						applicable Federal and State law; and provided further, that this exclusion
						shall not be construed to apply to rubbish, trash, garbage, ballast water or
						other such materials discharged overboard; nor to discharges when the vessel is
						operating in a capacity other than a vessel, such as when a vessel is being
						used as a storage facility, a cannery, or a residence;
(6) water, gas or other material that is
						injected into a well, except a disposal well, to facilitate production of oil,
						gas, salt or geothermal resources, if the following conditions apply:
(i) the well used for injection is approved
						by authority of the department;
(ii) the department determines that such
						injection will not result in the degradation of ground or surface water
						resources;
(iii) the injection does
						not result in a discharge at the surface; and
(iv) injection into the well is approved by
						the EPA in accordance with 40 CFR parts 124.10, 144 and 146 (see section
						750-1.25  of this Subpart);
(7) dredged or fill material and dredge
						return water discharged into waters of the State except groundwaters, which are
						regulated under:
(i) section 404 of the act
						(see section 750-1.25  of this Subpart);
(ii) title 5 of article 15 of the
						ECL;
(iii) article 24 of the ECL;
						and/or
(iv) article 25 of the
						ECL;
(8) return flows
						from irrigated agriculture managed in accordance with best management
						practices;
(9) discharges of
						radioactive materials regulated under Part 380 of this Title;
(10) discharges composed entirely of storm
						water, to which no pollutant(s) has/have been added by industrial, commercial,
						or other activity, and otherwise not regulated pursuant to 40 CFR parts 121,
						122, 123 and 124 (see section
						750-1.24  of this
						Subpart), unless the particular storm water discharge has been identified by
						the regional administrator or the department, as a significant contributor of
						pollution; and
(11) discharges of
						yield test, well test and cutting water from water well drilling operations
						provided such discharges are handled in accordance with best management
						practices and are for limited duration during well development only.