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 750-1.12 - Public notification of discharges

Universal Citation: 6 NY Comp Codes Rules and Regs § 750-1.12

Current through Register Vol. 46, No. 39, September 25, 2024

(a) Any person possessing a SPDES permit which allows the discharge of wastewater into the surface waters of the State shall post a sign as provided for in subdivision (b) of this section at all discharge points to surface waters, except for those sites where the discharge is composed exclusively of stormwater or those sites for which the requirements of this section have been waived in accordance with subdivision (e) or (f) of this section.

(b)

(1) All SPDES permittees who discharge to surface waters shall erect or post a conspicuous and legible sign of not less than 18 inches by 24 inches bearing the following statement: "N.Y.S. Permitted Discharge Point Permit No. (insert SPDES permit number here). For information on this discharge you can contact: (insert contact information here)." The sign shall also contain the following information: The SPDES permit number as issued by the department; the name and telephone number of the permittee that shall be the business office repository of the permittee as required by this section; and the name, address and telephone number of the regional office in which the discharge is located.

(2) The permittee shall provide for public review at the business office repository of the permittee or at the off-premises location of its choice, provided the custodian of the off-premise location grants written permission, (such off-premise location shall be the village, town, city or county clerk's office, local library or other location accessible by the public) all the discharge monitoring reports (DMR) prepared by the permittee to demonstrate compliance with the SPDES permit conditions. A copy of each DMR shall be placed on file at such location at the same time it is sent to the department, or within 60 days of preparation for DMRs not required to be submitted to the department. This information shall be kept on file for the period of five years.

(c) The actual appearance of the sign shall be as established in the SPDES permit and the location of the sign on the property of the permittee shall be in as close proximity to the point of discharge into the surface waters as is reasonably possible while ensuring the maximum visibility from the surface water and shore.

(d) It shall be the responsibility of the permittee to periodically and reasonably maintain the sign to ensure that it is still legible, visible and factually correct. A good faith documented effort by permittee to maintain such sign will be an affirmative defense for its absence.

(e) The permittee may apply to the department for a waiver from the requirements of this section, under any of the following subjective circumstances:

(1) such a sign cannot reasonably be maintained;

(2) such a sign would be inconsistent with the provisions of another statute;

(3) such a sign could not be so located as to provide a public purpose;

(4) the nature of the discharge is temporary and of a relatively short duration; or

(5) the authorization to discharge is under a general permit.

(f) For dischargers that are not major, significant facilities, the department may also choose to include permit provisions that allow for all the requirements of this section, including sign and repository requirements, to be waived under any of the following objective circumstances if the department is previously notified in accordance with subdivision (g) of this section:

(1) such sign would be inconsistent with any other State or Federal statute;

(2) when this Part would require that such sign be located in an area that is damaged by ice or flooding during a one-year storm, or less severe storms;

(3) that the outfall to the receiving water is located on private or government property, which is restricted to the public through fencing, patrolling, or other control mechanisms. Property that is posted only, without additional control mechanisms, does not qualify for this provision;

(4) the outfall pipe or channel discharges to another outfall pipe or channel, before discharge to a receiving water;

(5) the discharge from the outfall is located in the receiving water at a distance 200 or more feet from the shoreline of the receiving water; or

(6) the discharge to the receiving water would be a temporary discharge of less than one-year duration.

(g) If the department chooses to include the waiver criteria listed in subdivision (f) of this section in a permit, and the permittee believes that any outfall that discharges wastewater from the permitted facility meets any of those criteria, the permittee must provide written notification to the department of such fact, and, provided the department does not object, a sign for the involved outfall(s) is not required. This notification must include the facility's name, address, telephone number, contact, permit number, outfall number(s), and reason why such outfall(s) is waived from the requirements of discharge notification. The department may evaluate the applicability of a waiver at any time, and take appropriate measures to assure that the ECL and this section are complied with.

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