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 750-1.5 - Exceptions
Universal Citation: 6 NY Comp Codes Rules and Regs ยง 750-1.5
Current through Register Vol. 46, No. 39, September 25, 2024
(a) The following acts do not require a SPDES permit under ECL article 17, title 7 or 8, or this Part:
(1) any discharge in compliance with
the instructions of an on- scene coordinator (usually the department spill
response coordinator) pursuant to 40 CFR 300 (The National Oil and Hazardous
Substances Pollution Contingency Plan) or 33 CFR 153.10(e) (Pollution by Oil
and Hazardous Substances) (see section 750-1.25 of this Subpart) or an order
issued pursuant to article 12 of State Navigation Law;
(2) any discharge incompliance with an order
issued pursuant to ECL 27-1313 to implement a department approved inactive
hazardous waste remedial site program provided that such discharge complies
with the substantive requirements of a SPDES permit, or any discharge under any
remedial or corrective action work plan approved by the department provided
that such work plan includes public notification and response to the public
equivalent to that required under either ECL 27-1313 or Part 621 of this Title,
and provided that such discharge complies with the substantive requirements of
a SPDES permit;
(3) additions of
pollutants into a POTW that are otherwise in compliance with this Part;
provided, however, that this exception does not relieve any permittee from the
obligation to comply with section
750-1.11
of this Subpart;
(4)
(i) the construction and use of a new or
modified disposal system, point source or outlet, when such disposal system,
point source or outlet is designed to discharge or discharges sewage effluent
without the admixture of industrial wastes or other wastes to the groundwaters
of the State when such discharge consists of a flow of less than 1,000 gallons
per day;
(ii) nothing contained in
this paragraph shall be construed to permit the making or use of a disposal
system, outlet or point source discharging an effluent to the waters of the
State which causes or contributes to contravention of any water quality
standards contained in Part 700 et seq. of this Title or
guidance values adopted pursuant thereto or discharging an effluent in such
manner as to expose sewage on the ground surface, impair the quality of waters
of the State used for drinking purposes or otherwise create a nuisance or
menace to health;
(iii) a county,
city, town or village may adopt and enforce additional local laws, ordinances
and regulations, or enforce existing local laws, ordinances and regulations,
relating to discharges of sewage in cases covered by this paragraph, including
local laws, ordinances and regulations requiring a permit for disposal systems,
point sources or outlets for such discharges, provided that such local laws,
ordinances and regulations are not inconsistent with the provisions of the ECL
or the State Sanitary Code;
(5) any discharge of sewage from vessels,
including effluent from properly functioning marine engines, laundry, shower
and galley sink wastes, or any other discharge incidental to the normal
operation of a vessel; provided that such discharge is in compliance with
applicable Federal and State law; and provided further, that this exclusion
shall not be construed to apply to rubbish, trash, garbage, ballast water or
other such materials discharged overboard; nor to discharges when the vessel is
operating in a capacity other than a vessel, such as when a vessel is being
used as a storage facility, a cannery, or a residence;
(6) water, gas or other material that is
injected into a well, except a disposal well, to facilitate production of oil,
gas, salt or geothermal resources, if the following conditions apply:
(i) the well used for injection is approved
by authority of the department;
(ii) the department determines that such
injection will not result in the degradation of ground or surface water
resources;
(iii) the injection does
not result in a discharge at the surface; and
(iv) injection into the well is approved by
the EPA in accordance with 40 CFR parts 124.10, 144 and 146 (see section
750-1.25 of this Subpart);
(7) dredged or fill material and dredge
return water discharged into waters of the State except groundwaters, which are
regulated under:
(i) section 404 of the act
(see section 750-1.25 of this Subpart);
(ii) title 5 of article 15 of the
ECL;
(iii) article 24 of the ECL;
and/or
(iv) article 25 of the
ECL;
(8) return flows
from irrigated agriculture managed in accordance with best management
practices;
(9) discharges of
radioactive materials regulated under Part 380 of this Title;
(10) discharges composed entirely of storm
water, to which no pollutant(s) has/have been added by industrial, commercial,
or other activity, and otherwise not regulated pursuant to 40 CFR parts 121,
122, 123 and 124 (see section
750-1.24 of this
Subpart), unless the particular storm water discharge has been identified by
the regional administrator or the department, as a significant contributor of
pollution; and
(11) discharges of
yield test, well test and cutting water from water well drilling operations
provided such discharges are handled in accordance with best management
practices and are for limited duration during well development only.
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