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 750-2.1 - General provisions of a SPDES permit

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The SPDES permit, or a true copy, shall
						be kept readily available for reference at the largest wastewater treatment
						facility on site.
(b) Upon issuance
						of a SPDES permit, a determination has been made on the basis of a submitted
						application, plans, or other available information, that compliance with the
						specified permit provisions will reasonably protect classified water use and
						assure compliance with applicable water quality standards. Satisfaction of
						permit provisions notwithstanding, if operation pursuant to the permit causes
						or contributes to a condition in contravention of State water quality standards
						or guidance values, or if the department determines that a modification of the
						permit is necessary to prevent impairment of the best use of the waters or to
						assure maintenance of water quality standards or compliance with other
						provisions of ECL article 17, or the act or any regulations adopted pursuant
						thereto (see section 750-1.25  of this Part), the department may require such a
						modification and the commissioner may require abatement action to be taken by
						the permittee and may also prohibit such operation until the permit has been
						modified pursuant to section
						621.14  of this
						Title.
(c) The provisions of a
						SPDES permit are severable, and if any provision of the permit, or the
						application of any provision of the permit to any circumstance, is held
						invalid, the application of such provision to other circumstances, and the
						remainder of the permit, shall not be affected thereby.
(d) If the discharge(s) permitted in a SPDES
						permit originate(s) within the jurisdiction of an interstate water pollution
						control agency, then the permitted discharge(s) must also comply with any
						applicable effluent standards or water quality standards promulgated by that
						interstate agency and as set forth in the permit for such
						discharge(s).
(e) The permittee
						must comply with all terms and conditions of the permit. Any permit
						noncompliance constitutes a violation of the Environmental Conservation Law and
						the Clean Water Act and is grounds for: enforcement action; for permit
						suspension, revocation or modification; and for denial of a permit renewal
						application.
(f) Where the
						permittee becomes aware that it failed to submit any relevant facts in a permit
						application, or submitted incorrect information in a permit application or in
						any report to the department, the permittee shall promptly submit such facts or
						corrected information to the regional water engineer.
(g) It shall not be a defense, for a
						permittee in an enforcement action, that it would have been necessary to halt
						or reduce the permitted activity in order to maintain compliance with the
						conditions of the permit.
(h) The
						filing of a request by the permittee for a permit modification, termination,
						transfer, or a notification of planned changes or anticipated noncompliance,
						does not stay any permit condition.
(i) The permittee shall furnish to the
						department, within a reasonable time as set forth in the department request,
						any information that the department may request to determine whether cause
						exists for modifying, suspending, or revoking a SPDES permit, or to determine
						compliance with the permit. The permittee shall also furnish to the department,
						upon request, copies of records required to be kept by the permittee.
(j) Nothing in a SPDES permit relieves the
						permittee from a requirement to obtain any other permits required by
						law.
(k) Discharges authorized by a
						SPDES permit as defined in section
						750-1.2(a) 
						of this Part are deemed in compliance with titles 5, 7 and 8 of article 17 and
						the regulations promulgated thereunder.