N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 750-1.5

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

Section 750-1.5 - Exceptions

(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.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 750-1.5

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