§ 38 §414-A — Conditions of licenses

1.
Generally.
The department shall issue a license for the discharge of any pollutants only if it finds that:
1-A.
License for copper sulfate applications in public water supplies.
The commissioner may issue licenses to treat public water supplies with copper sulfate or related compounds. The commissioner may not issue more than 2 consecutive licenses for the same body of water.
1-B.
Licensing of overboard discharges.
The following provisions govern the licensing of overboard discharges.
1-C.
License for the use of algicides in Class GPA waters.
The commissioner may issue a license to a municipality for the discharge of copper compounds or other materials registered by the Department of Agriculture, Conservation and Forestry to control excessive algae growth in Class GPA waters when the commissioner has determined that:
2.
Schedules of compliance.
Within the terms and conditions of a license, the department may establish a schedule of compliance for a final effluent limitation based on a water quality standard adopted after July 1, 1977. When a final effluent limitation is based on new or more stringent technology-based treatment requirements, the department may establish a schedule of compliance consistent with the time limitations permitted for compliance under the Federal Water Pollution Control Act, Public Law 92-500, as amended. A schedule of compliance may include interim and final dates for attainment of specific standards necessary to carry out the purposes of this subchapter and must be as short as possible, based on consideration of the technological, economic and environmental impact of the steps necessary to attain those standards.
3.
Federal law.
When the Administrator of the United States Environmental Protection Agency ceases issuing permits for discharges of pollutants to waters of this State pursuant to the administrator's authority under Section 402(c)(1) of the Federal Water Pollution Control Act, as amended, the department shall refuse to issue a license for the discharge of pollutants which it finds would violate the provisions of any federal law relating to water pollution control, anchorage or navigation or regulations enacted pursuant thereto. Any license issued under this chapter after this determination must contain provisions, including effluent limitations, that the department determines necessary to carry out the purposes of this subchapter and any federal laws or regulations.
4.
License conditions affecting bypasses.
In fashioning license decisions and conditions, the department shall consider the extent to which operation of the licensed facility will require an allowance for bypass of wastewater from any portion of a treatment facility when necessary for essential maintenance to assure efficient operation of the licensed facility, when unavoidable to prevent loss of life, personal injury or severe property damage and otherwise subject to applicable effluent limitations and standards. When the applicant demonstrates to the department that, consistent with best practical treatment requirements and other applicable standards, reasonably controlled and infrequent bypasses will be necessary for this purpose, and there is no feasible alternative to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal equipment downtime, the department shall fashion appropriate license allowances and conditions.
5.
Modification, reopening and revocation.
The following actions may be taken to reopen, modify or revoke and reissue waste discharge licenses. All actions taken under this subsection must be with notice to the licensee and all other interested parties of record and with opportunity for hearing. Actions may be appealed as set forth in sections 341‑D and 346.
6.
Cooling water intake structures.
Any standard established by the department pursuant to section 413 or this section with respect to cooling water discharges and applicable to a point source must require that the location, design, construction and capacity of cooling water intake structures reflect the best technology available for minimizing adverse environmental impacts.

Legislative History

PL 1973, c. 450, §15 (NEW). PL 1973, c. 788, §210 (AMD). PL 1979, c. 127, §209 (AMD). PL 1979, c. 281, §4 (AMD). PL 1979, c. 444, §§5-7 (AMD). PL 1979, c. 663, §230 (AMD). PL 1983, c. 566, §19 (AMD). PL 1987, c. 192, §11 (AMD). PL 1987, c. 394, §2 (AMD). PL 1989, c. 442, §3 (AMD). PL 1989, c. 856, §§1,7 (AMD). PL 1989, c. 890, §§A40,B30 (AMD). PL 1991, c. 66, §A7 (AMD). PL 1991, c. 66, §A43 (AFF). PL 1991, c. 483, §2 (AMD). PL 1993, c. 232, §2 (AMD). PL 1993, c. 410, §G6 (AMD). PL 1993, c. 501, §1 (AMD). PL 1995, c. 642, §5 (AMD). PL 1997, c. 794, §§A22-25 (AMD). PL 2001, c. 232, §11 (AMD). PL 2003, c. 246, §§10-13 (AMD). PL 2003, c. 689, §B6 (REV). PL 2009, c. 654, §5 (AMD). PL 2011, c. 304, Pt. H, §22 (AMD). PL 2011, c. 657, Pt. W, §5 (REV). RR 2013, c. 2, §47 (COR). PL 2025, c. 44, §§12-14 (AMD).