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 750-2 - OPERATING IN ACCORDANCE WITH A SPDES PERMIT AND POSS REGISTRATION
Section 750-2.10 - Special provisions - new or modified disposal systems or service areas
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Except as provided in subdivision (h) of this section, prior to construction of any new or modified waste disposal system or modification of a facility or service area generating wastewater that could alter the design volume of, or the method or effect of treatment or disposing of the sewage, industrial waste or other wastes, from an existing disposal system, provided that discharge from such system is required in accordance with this Part to be authorized under a SPDES permit, the permittee shall submit to the regional water engineer an approvable engineering report, plans, and specifications that have been prepared by a person or firm licensed to practice professional engineering in the State of New York in accordance with standards accepted by the department.
(b) The construction of such new or modified disposal system shall not start until the discharger receives written approval of the system from the department and an issued permit. The department may require the discharger to remove any constructed disposal system or portion thereof if such a system or portion thereof is constructed prior to written approval from the department. The department may approve portions of disposal systems to allow for design and construction of disposal systems to proceed at the same time.
(c) The construction of such new or modified disposal system shall be under the general supervision of a person or firm licensed to practice professional engineering in the State of New York. Upon completion of construction, that person or firm shall certify to the department that the disposal system has been fully completed in accordance with the approved engineering report, plans and specifications, permit and letter of approval; and the permittee shall receive written acceptance of such certificate from the department prior to commencing discharge.
(d) The department reviews disposal system reports, plans, and specifications for treatment process capability only, and approval does not represent any opinion of the system's structural integrity.
(e) Department approval of the disposal system or service area does not relieve the permittee of any responsibility for compliance with its SPDES permit.
(f) The department may accept, in lieu of submission of engineering reports or plans and specifications, certification by a person or firm licensed to practice professional engineering in the State of New York that the design of the disposal system or service area conform to design standards accepted by the department. The department may require certification by letter or form (where the form may include but is not limited to a checklist consistent with the applicable standards). Such certifications shall be deemed notifications in accordance with ECL section 17-0819.
(g) The following standards are accepted by the department:
(h) Submission of approvable engineering report, plans, and specifications is not required where:
(i) Sewer extensions, public or private, must be reviewed and approved in accordance with this section before construction and connection to any conveyance tributary to a SPDES permitted discharge.
(j) Owners of new or modified POSSs as defined in section 750-1.2(a)(70) of this Part must comply with the registration requirements of section 750-1.22 of this Part before construction and connection to any existing POTW or POSS.
