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 750-1.18 - Modification of SPDES permits
Universal Citation: 6 NY Comp Codes Rules and Regs ยง 750-1.18
Current through Register Vol. 46, No. 39, September 25, 2024
(a) SPDES permits maybe modified in accordance with Part 621 of this Title.
(b) In addition to the grounds set forth in Part 621 of this Title, the department may modify a SPDES permit on any of the following grounds:
(1)
the permit has attained a level of sufficient priority in accordance with the
priority system set forth under section
750-1.19
of this Subpart for the department;
(2) satisfaction of the terms of a special
permit condition or requirement has not achieved expressed objectives of the
special permit condition or requirement;
(3) when required to satisfy a condition or
conditions of a permit;
(4) to
adjust permit limitations, where adjustment of such permit limits would not
cause the permittee to violate such adjusted permit limits and adjustment of
the permit limitations is necessary to allow a new or increased discharge from
another permittee in accordance with a total maximum daily load/waste load
allocation/load allocation as set forth in
40
CFR 130.7 (see section 750-1.25 of this
Subpart);
(5) to correct technical
mistakes, such as typographical errors and errors in calculation, or mistaken
interpretations of law made in determining permit conditions or to make changes
to monitoring requirements or make other minor technical adjustments;
(6) to implement a department initiative that
is a legal requirement from applicable law or regulation; or
(7) when necessary to comply with the Clean
Water Act.
(c) The provisions of this Part related to the requirements for applications, draft permits and fact sheets for new SPDES permits shall apply to the extent appropriate, as determined by the department in conformance with the act.
(d) When a permit is modified, only the aspects of the permit that are modified are subject to public review.
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