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 704 - Criteria Governing Thermal Discharges
Section 704.6 - Applicability of criteria

(a) In determining that a discharge existing prior to July 25, 1969 has violated the standard for thermal discharges, as provided in section 704.1(a) of this Part, the violation of any of the criteria contained in this Part shall not constitute evidence of a violation of such standard unless it is also shown that the violation of such criteria has contributed to the violation of the standard.

(b) The provisions of subdivision (a), subparagraphs (1)(iii), (2)(iv), (3)(iii), (4)(ii), (5)(iv), and paragraph (b)(6) of section 704.2 of this Part, and section 704.3, shall apply only to thermal discharges which have been brought into existence subsequent to July 31, 1973, or to which the criteria contained in this Part were intended to apply pursuant to any certification issued by the commissioner pursuant to section 401(d) of the Federal Water Pollution Control Act amendments of 1972.

(c) Whenever the commissioner has reason to believe that a thermal discharge, existing prior to the adoption of this Part, does not conform to section 704.1(a) of this Part, he may impose appropriate criteria contained in this Part upon such thermal discharge, unless, after public hearing, the owner or operator of any such thermal discharge establishes to the satisfaction of the commissioner that either such thermal discharge does conform to such subdivision (a) or that any such criteria are more stringent than necessary to assure conformance with such subdivision (a).