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 750-1.22 - POSS registrations

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

(a) Applicability.

The owner of a POSS must register the POSS with the department as specified in this section.

(b) Discharge reporting and notification requirements.

Owners and operators of POSSs must comply with the reporting and notification requirements of section 750-2.7(b) and (d) of this Part.

(c) POSS registration procedures.

(1) Registrations are ministerial actions for the purposes of Part 617 (State Environmental Quality Review) of this Title and are not subject to Part 621 (Uniform Procedures) of this Title.

(2) Construction of a POSS shall not commence until the owner of the POSS has registered the POSS with the department by providing all information requested on a registration form as prescribed by the department. All registration forms shall be signed by the ranking elected official or principal executive officer of the municipality that owns the POSS.

(3) Existing POSSs must be registered with the department within 30 days of the effective date of this section.

(4) The department will validate complete registration forms and return a validated copy to the owner of the registered POSS. The owner of the registered POSS shall provide a copy of the validated registration to the POTW to which it discharges within 10 days of receipt of the validated registration.

(5) The owner of a POSS must submit a registration form to the department and obtain a validated amended registration form from the department prior to modifying the POSS.

(d) Transfer of ownership or operation.

The owner of a POSS must notify the department of the transfer of ownership or operation of the POSS at least 30 days prior to such transfer using forms prescribed by or acceptable to the department.

(e) New and modified POSSs.

The construction of a new or modified POSS must be in accordance with section 750-2.10 of this Part.

(f) Access to records and facilities.

(1) The owner of a POSS must keep a copy of its validated registration and all other documents relating to operation and maintenance of the POSS, recordkeeping and reporting requirements, and compliance with this Part at the business office for the facility or at the village, town, city or county clerk's office, local library or other location accessible by the public. These documents must be accessible to the department for review and copying. The validated registration and other documents may be stored in either paper or electronic form. Owners and operators of POSSs must allow any authorized representative of the department at all reasonable times to review and copy such documents.

(2) Any authorized representative of the department may, at reasonable times, inspect a POSS for compliance with this Part.

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