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 750-1.20 - Denial, suspension or revocation of a permit
Universal Citation: 6 NY Comp Codes Rules and Regs ยง 750-1.20
Current through Register Vol. 46, No. 39, September 25, 2024
(a) The department may deny an application for a SPDES permit if the department determines:
(1) that the discharge will result in
contravention of effluent limitations, water quality standards or guidance
values;
(2) that the permittee or
applicant has been convicted of a crime related to the permitted activity under
any Federal or State law; or
(3)
the permittee or applicant has been determined in an administrative, civil or
criminal proceeding to have violated any provision of the ECL, any related
order or determination of the commissioner, any regulation of the department,
any condition or term of any permit issued by the department, or any similar
statute, regulation, order or permit condition of the Federal or other state
government, or agency, on one or more occasions and in the opinion of the
department, the violation that was the basis for the action posed a significant
potential threat to the environment or human health, or is part of a pattern of
noncompliance.
(b) In addition to the criteria set forth in Part 621 of this Title for suspension or revocation of a permit, the department may suspend or revoke a SPDES permit if the department determines:
(1) the
establishment that would be or is the source of the permitted discharge has not
operated and is not likely to operate during the term of the permit;
(2) that the permittee or applicant has been
convicted of a crime related to the permitted activity under any Federal or
State law;
(3) the permit was
issued erroneously or by mistake;
(4) the permit was obtained through fraud,
deceit, or through the submission of incorrect data; or
(5) the permittee was negligent, or practiced
fraud or deceit, in the performance of the permitted activities.
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