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 702 - Derivation and use of Standards and Guidance Values
Section 702.16 - Derivation and implementation of effluent limitations
Universal Citation: 6 NY Comp Codes Rules and Regs ยง 702.16
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Standards and guidance values shall be used to control taste-, color- and odor-producing, toxic and deleterious substances, as specified in the narrative standards for fresh and saline surface waters and groundwaters and shall be the basis of water quality-based effluent limitations and groundwater effluent limitations for use in SPDES permits issued pursuant to Parts 750-758 of this Title.
(b) Surface water effluent limitations.
(1) When deriving a water quality-based
effluent limitation from a surface water standard or guidance value, the
department may take into account factors, including but not limited to
analytical detectability, treatability, natural background levels, intermittent
streamflow, wet weather events, and the waste assimilative capacity of the
receiving waters.
(2) Where these
factors indicate that achieving a water quality-based effluent limitation would
be clearly unreasonable, the department may substitute a modified effluent
limitation. Where the effluent limitation had been derived from an aquatic
standard or guidance value, the department shall also require biological
monitoring.
(3) A surface water
effluent limitation for the total of organic substances that have a Health
(Water Source) standard for surface water in Table 1 of section
703.5(f)
of this Title or a guidance value for surface water derived pursuant to section
702.15(a)
of this Part shall be established based on an ambient value of 100 ug/L. Where
such standards or guidance values are 100 ug/L or greater, they shall not be
included in the total.
(c) Groundwater effluent limitations.
(1) Groundwater effluent limitations are
provided in Table 3 of section
703.6(e)
of this Title. For those substances not included in Table 3 of section
703.6(e)
of this Title and for which a guidance value has been derived as provided in
section
702.15(a)
or section
702.15(f)
of this Part, the groundwater effluent limitation shall be equal to the
guidance value.
(2) When
implementing a groundwater effluent limitation, the department may take into
account factors, including but not limited to analytical detectability and
treatability.
(3) Where these
factors indicate that achieving a groundwater effluent limitation as set forth
in paragraphs (1) and (2) of this subdivision would be clearly unreasonable,
the department may substitute a modified effluent limitation.
(4) A groundwater effluent limitation for the
total of organic substances that have a groundwater standard in Table 1 of
section
703.5(f)
of this Title or a groundwater guidance value derived pursuant to section
702.15(a)
of this Part shall be established at 100 ug/L. However, substances that have a
groundwater standard or guidance value or groundwater effluent limitation of
100 ug/L or greater shall not be included in this total.
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