N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 750-1.6

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

Section 750-1.6 - Applications to obtain individual SPDES permits

(a) Any person who is required to obtain an individual SPDES permit with respect to either an existing unpermitted discharge who previously was not required to obtain an individual permit, who were previously required but have not obtained an individual permit or who is required to obtain an individual SPDES permit for a proposed discharge shall make application for such permit in the manner prescribed in this section. When a facility or activity is owned by one person but is operated by another person, it is the operator's duty to obtain a permit.

(b)Existing unpermitted discharges that previously did not require an individual permit.

(1) Such person shall either:

(i) have filed a SPDES application satisfying the filing requirements of this Title, which has not been denied; or

(ii) file a SPDES application satisfying the filing requirements of this Title no later than 60 days following receipt by the person of notice of incomplete application.

(2) If a discharge that is the subject of any of the applications described in paragraph (1) of this subdivision causes or contributes to any contravention of applicable standards or guidance values, the department may require abatement action to be undertaken notwithstanding the filing of an application or pending filing of an application or pending filing of a revised application.

(c) Proposed discharges.

Any person proposing to discharge pollutants under an individual SPDES permit shall file a complete SPDES application in accordance with Part 621 of this Title. Such a permit must be issued prior to discharge.

(d) The department may require the submission of such additional information as is necessary to determine compliance with this Part after a SPDES application has been filed. If such an application is incomplete or otherwise deficient, processing of the application shall not be completed until such time as the applicant has supplied the missing information or otherwise corrected the deficiency. If the department determines that site visits, by representatives of the department, would be useful in evaluating the application, such site visits shall be considered a necessary part of the application.

(e) Applications for an individual SPDES permit shall be filed on forms supplied to the discharger by the department, substitute forms approved by the department, or by the electronic transfer of data as approved by the department. Electronic submissions shall conform to the format, standards and other conditions specified by the department. Forms may be obtained from the department's central office or any regional office. Applications shall be filed at the office specified in the instructions accompanying the application form, and shall be accompanied by such data as the department may reasonably require for the purposes of fulfilling its responsibilities under the ECL, this Part and the act.

(f) A permit for a sewage disposal system or approval of a sewer extension serving or intended to serve more than one separately owned property shall be issued only to either a governmental agency, municipality, or sewage disposal corporation formed and regulated pursuant to article 10 of the Transportation Corporations Law. The commissioner may, on written application, grant a variance from this provision in a particular case, subject to appropriate conditions, including bonding requirements, where such variance is in harmony with the general purposes and intent of this Chapter.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 750-1.6

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