N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 750-1.14

Current through Register Vol. 46, No. 45, November 2, 2024

Section 750-1.14 - Schedules of compliance and other requirements in issued SPDES permits

(a) Among the provisions of a SPDES permit there may be compliance schedules. The purpose of these schedules is to achieve compliance by the permittee with applicable effluent limitations, water quality standards, and other requirements applicable pursuant to the Part. With respect to any discharge that is not in compliance with applicable limitations, applicable water quality standards, or other applicable requirements, the department shall establish specific steps in a compliance schedule designed to attain compliance within the shortest reasonable time, consistent with the act and ECL, article 17.

(b) Where the time for compliance specified in subdivision (a) of this section exceeds nine months, a schedule of compliance shall be specified in the permit, which will set forth interim requirements and the dates for their achievement. In no event shall more than nine months elapse between interim dates. If the time necessary for completion of the interim requirement (such as the construction of a treatment facility) is more than nine months and is not readily divided into stages for completion, interim dates shall be specified for the submission of reports of progress towards completion of the interim requirement.

(c) The permit shall state that no construction, operation or use of a disposal system for facilities covered in the permit shall occur except in accordance with plans approved in advance by the department.

(d) Either before or up to 14 days following each interim date and the final date of compliance, the permittee shall provide the department with written notice of the permittee's compliance or noncompliance with the interim or final requirement.

(e) Schedules of compliance may be revised or modified pursuant to section 750-1.18 of this Subpart.

(f) Permits may include and the permittee shall comply with such other terms, provisions, requirements or conditions as may be necessary to meet the requirements of ECL article 17 and 40 CFR 122 (see section 750-1.25 of this Subpart) including but not limited to requirements to implement best management practices plans, pollution prevention plans, studies of the effects of the permitted discharge on the receiving water, studies of the treatability of the permitted discharge and studies of the discharge to determine usable analytical procedures and analytical capabilities and pollutant minimization programs as described in 40 CFR part 132 (see section 750-1.25 of this Subpart), except that the department may require a pollutant minimization program where the pollutant to be minimized is impairing or precluding the best use of the receiving water.

(g) The department shall maintain an inventory of major facilities and significant facilities that have failed to comply with an interim or final permit requirement. Such inventory shall be available to the public and shall contain at least the following:

(1) the name and address of each noncomplying permittee;

(2) a short description of each instance of noncompliance;

(3) a short description of any actions or proposed actions by the permittee or the department to comply or enforce compliance with the interim or final requirement; and

(4) any details which tend to explain or mitigate an instance of noncompliance.

(h) The first SPDES permit issued to a new source or a new discharger shall contain a schedule of compliance only when necessary to allow a reasonable opportunity to attain compliance with requirements issued or revised after commencement of construction but less than three years before commencement of the relevant discharge. For recommencing dischargers, a schedule of compliance shall be available only when necessary to allow a reasonable opportunity to attain compliance with requirements issued or revised less than three years before recommencement of discharge

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 750-1.14

Amended New York State Register November 9, 2016/Volume XXXVIII, Issue 45, eff. 11/9/2016