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 750-1.14 - Schedules of compliance and other requirements in issued SPDES permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Among the
						provisions of a SPDES permit there may be compliance schedules. The purpose of
						these schedules is to achieve compliance by the permittee with applicable
						effluent limitations, water quality standards, and other requirements
						applicable pursuant to the Part. With respect to any discharge that is not in
						compliance with applicable limitations, applicable water quality standards, or
						other applicable requirements, the department shall establish specific steps in
						a compliance schedule designed to attain compliance within the shortest
						reasonable time, consistent with the act and ECL, article 17.
(b) Where the time for compliance specified
						in subdivision (a) of this section exceeds nine months, a schedule of
						compliance shall be specified in the permit, which will set forth interim
						requirements and the dates for their achievement. In no event shall more than
						nine months elapse between interim dates. If the time necessary for completion
						of the interim requirement (such as the construction of a treatment facility)
						is more than nine months and is not readily divided into stages for completion,
						interim dates shall be specified for the submission of reports of progress
						towards completion of the interim requirement.
(c) The permit shall state that no
						construction, operation or use of a disposal system for facilities covered in
						the permit shall occur except in accordance with plans approved in advance by
						the department.
(d) Either before
						or up to 14 days following each interim date and the final date of compliance,
						the permittee shall provide the department with written notice of the
						permittee's compliance or noncompliance with the interim or final
						requirement.
(e) Schedules of
						compliance may be revised or modified pursuant to section
						750-1.18 
						of this Subpart.
(f) Permits may
						include and the permittee shall comply with such other terms, provisions,
						requirements or conditions as may be necessary to meet the requirements of ECL
						article 17 and  40 CFR 122  (see section 750-1.25  of this Subpart) including but
						not limited to requirements to implement best management practices plans,
						pollution prevention plans, studies of the effects of the permitted discharge
						on the receiving water, studies of the treatability of the permitted discharge
						and studies of the discharge to determine usable analytical procedures and
						analytical capabilities and pollutant minimization programs as described in  40
						CFR part 132  (see section 750-1.25  of this Subpart), except that the department
						may require a pollutant minimization program where the pollutant to be
						minimized is impairing or precluding the best use of the receiving
						water.
(g) The department shall
						maintain an inventory of major facilities and significant facilities that have
						failed to comply with an interim or final permit requirement. Such inventory
						shall be available to the public and shall contain at least the following:
(1) the name and address of each noncomplying
						permittee;
(2) a short description
						of each instance of noncompliance;
(3) a short description of any actions or
						proposed actions by the permittee or the department to comply or enforce
						compliance with the interim or final requirement; and
(4) any details which tend to explain or
						mitigate an instance of noncompliance.