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 750-1.11 - Application of standards, limitations and other requirements
Universal Citation: 6 NY Comp Codes Rules and Regs ยง 750-1.11
Current through Register Vol. 46, No. 39, September 25, 2024
(a) The provisions of each issued SPDES permit shall ensure compliance with all of the following, whenever applicable:
(1) BPT effluent
limitations under section 301 of the act and 40 CFR parts 120, 125, 133 and
405-471, inclusive (see section 750-1.25 of this Subpart);
(2) BCT new source performance standards and
other new source performance standards under section 306 of the act and 40 CFR
parts 122.29, 129 and 405-471, inclusive (see section 750-1.25 of this
Subpart);
(3) BAT effluent
limitation guidelines, effluent prohibitions, and pretreatment standards for
existing sources under section 307 of the act and 40 CFR parts 129 and 405-471,
inclusive (see section 750-1.25 of this Subpart);
(4) ocean discharge criteria adopted by the
Federal government pursuant to section 403 of the act and 40 CFR part 125, sections 125.120-125.124 (see section 750-1.25 of this Subpart);
(5) any more stringent limitations, including
those:
(i) necessary to meet water quality
standards, guidance values, effluent limitations or schedules of compliance,
established pursuant to any state law or regulation consistent with section 510
of the act, or the requirements of 40 CFR part 132 (see section 750-1.25 of
this Subpart);
(ii) necessary to
implement a total maximum daily load/waste load allocation/load allocation
established pursuant to section 303(d) of the act and 40 CFR part 130.7 (see
section 750-1.25 of this Subpart); or
(iii) necessary to meet any other State or
Federal law or regulation;
(6) any more stringent requirements necessary
to comply with a plan approved pursuant to section 208(b) of the act and 40 CFR
part 35 (see section 750-1.25 of this Subpart);
(7) prior to promulgation by the
administrator of applicable effluent standards and limitations, BPJ effluent
limitations and such conditions as the commissioner determines are necessary to
carry out the provisions of this Part pursuant to section 402 of the act and 40
CFR part 125 (see section 750-1.25 of this Subpart);
(8) as provided in section 402(g) of the act
(see section 750-1.25 of this Subpart), if the SPDES permit is for the
discharge of pollutants into the navigable waters of the State from a vessel or
other floating craft, any applicable regulations promulgated by the U.S.
Department of Commerce, establishing specifications for safe transportation,
handling, carriage, storage, and stowage of pollutants;
(9) unless otherwise required or authorized
by this Part, the provisions or requirements of 40 CFR part 122.23 -
Concentrated animal feeding operations, 40 CFR part 122.24 - Concentrated
aquatic animal production facilities, 40 CFR part 122.25 - Aquaculture
projects, 40 CFR parts 122.26, 122.30 to 122.37, and 122.42(c) and (d) - Storm
water discharges, 40 CFR part 122.27 - Silvicultural activities (applicable to
State NPDES), 40 CFR part 122.44 - Establishing limitations, standards, and
other permit conditions, 40 CFR part 122.45 - Calculating NPDES permit
conditions, 40 CFR part 125 - Criteria and standards for NPDES, 40 CFR part 133
- Secondary treatment regulation, 40 CFR part 401 - General provisions and 40
CFR part 403 - General pretreatment regulations, except 40 CFR part 403.10 (see
section 750-1.25 of this Subpart);
(10)
40
CFR 122.50 (see section 750-1.25 of this
Subpart); and
(11) the requirements
or provisions of this Part.
(b) Persons discharging industrial waste to the publicly owned treatment works shall comply with toxic effluent limitations and pretreatment standards and with monitoring, reporting, recording, sampling and entry requirements provided by section 307 of the act and 40 CFR parts 129 and 405-471, inclusive; and section 308 of the act and 40 CFR parts 122 and 125 (see section 750-1.25 of this Subpart); or ECL article 17, or adopted pursuant to ECL article 17 of this Title.
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