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 750-1.10 - Effluent limitations in issued SPDES permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In the application of effluent
						limitations, water quality standards, and other applicable requirements,
						pursuant to this Part, the department may specify daily average, monthly
						average, seven-day average, annual average, 12-month rolling average, peak
						hourly, annual maximum, instantaneous maximum and daily maximum quantitative
						limitations for the level of pollutants in the authorized discharge in terms of
						weight or, as in the case of flow, pH, temperature, and for any other
						pollutants not appropriately expressed by weight, in other appropriate terms.
						The department may, in addition to or in lieu of the specification of daily
						quantitative limitations by weight or by other terms, specify other
						limitations, such as average or maximum concentration limits, on the pollutants
						in the authorized discharge.
(b)
						Any point source, the construction of which is commenced after October 18,
						1972, and which is so constructed or physically modified, provided the cost of
						such modification exceeds 50 percent of the initial capital costs of the
						facility or new source which meets the applicable promulgated new source
						performance standards before the commencement of the discharge, to meet all
						applicable standards of performance set forth in the point source SPDES permit
						and fact sheet shall not be subject to a more stringent technology based
						standard of performance (under section 301[b][2] of the act) requiring the
						construction of additional treatment facilities during a 10-year period
						beginning on the date of completion of such construction or during the period
						of depreciation or amortization of such facility for the purposes of section
						167 or 169 (or both) of the Internal Revenue Code of 1986, whichever period
						ends first; provided, however, that if the operation of such source causes or
						contributes to any contravention of any State water quality standard the
						department shall require that abatement action be taken by the permittee and
						modify the permit pursuant to section
						750-1.18 
						of this Subpart.
(c)
						Notwithstanding any other provision of this Part, when effluent limitations are
						established they must be at least as stringent as the effluent limitations
						previously required unless the department determines that an exception is
						warranted because the circumstances on which the previous permit was based have
						materially and substantially changed since the time the permit was issued and
						would constitute cause for permit modification. A permit may be modified to
						contain a less stringent effluent limitation applicable to a pollutant, if:
(1) material and substantial alterations or
						additions to the permitted facility occurred after permit issuance, which
						justify the application of a less stringent effluent limitation;
(2)
(i)
						information is available, which was not available at the time of permit
						issuance (other than revised regulations, guidance, or test methods), which
						would have justified the application of a less stringent effluent limitation at
						the time of permit issuance; or
(ii) the department determines that technical
						mistakes or mistaken interpretations of law were made in issuing the permit
						under this Part;
(3)
(i) a less stringent effluent limitation is
						necessary because of events over which the permittee has no control and the
						permittee demonstrates that it has thoroughly studied or implemented all
						feasible alternative means to remedy the situation, and is still unable to meet
						the limitations; or
(ii) the
						department reviewed the data supplied by the permittee and is in agreement that
						no feasible alternatives to remedy the situation exist; provided
						that:
(4) the permittee
						has received a permit modification under section 301(c), (g), (h), (i), (k),
						(n), or 316(a) of the act (see section 750-1.25  of this Subpart);
(5) the permittee has installed the treatment
						facilities required to meet the effluent limitations in the previous permit and
						has properly operated and maintained the facilities but has nevertheless been
						unable to achieve the previous effluent limitations, in which case the
						limitations in the reviewed, reissued, or modified permit may reflect the level
						of pollutant control actually achieved (but shall not be less stringent than
						required by effluent guidelines in effect at the time of permit
						modification);
(6) the discharge is
						to non-attainment waters for the limited pollutant and the limit is based on a
						final or interim TMDL or other waste load allocation method and the TMDL is set
						to assure attainment of the water quality standard; or
(7) the limit is for attainment waters for
						the limited pollutant and based on a final or interim TMDL or other waste load
						allocation method and the TMDL is set to assure attainment of the water quality
						standard and the limit has been subjected to an anti degradation review in
						accordance with the department's anti degradation policy;
(8) the modifications allowed in paragraphs
						(6) and (7) of this subdivision shall not apply to any revised waste load
						allocations or any alternative where the cumulative effect of such revised
						allocations results in a decrease in the amount of pollutants discharged into
						the concerned waters, and such revised allocations are not the result of a
						discharger eliminating or substantially reducing its discharge of pollutants
						due to complying with the requirements of this Chapter or for reasons otherwise
						unrelated to water quality.