§ 17-0701 — Permit for outlet, point source and for disposal system required

§ 17-0701. Permit for outlet, point source and for disposal system\n required.\n 1. It shall be unlawful for any person, until a written SPDES permit\ntherefor has been granted by the commissioner, or by his designated\nrepresentative, and unless such permit remains in full force and effect,\nto:\n a. Make or cause to make or use any outlet or point source for the\ndischarge of sewage, industrial waste or other wastes or the effluent\ntherefrom, into the waters of this state, or\n b. Construct or operate and use a disposal system for the discharge of\nsewage, industrial waste, or other wastes or the effluent therefrom,\ninto the waters of the state, or make any change in, addition to or an\nextension of any existing disposal system or part thereof which would\nmaterially alter the volume of, or the method or effect of treating or\ndisposing of the sewage, industrial waste or other wastes, or\n c. Increase or alter the content of the wastes discharged through an\noutlet or point source into the waters of the state by a change in\nvolume or physical, chemical or biological characteristics.\n 2. Notwithstanding any other provision of this article, for the\npurposes of this title, the following definitions shall be applicable:\n a. "Industrial waste" means any liquid, gaseous, solid or waste\nsubstance or a combination thereof resulting from any process of\nindustry, manufacturing, trade, or business or from the development or\nrecovery of any natural resources, which may cause or might reasonably\nbe expected to cause pollution of the waters of the state.\n b. "Other wastes" means garbage, refuse, decayed wood, sawdust,\nshavings, bark, sand, lime, cinders, ashes, offal, oil, tar, dye-stuffs,\nacids, chemicals, ballast and all other discarded matter not sewage or\nindustrial waste which may cause or might reasonably be expected to\ncause pollution of the waters of the state.\n 3. No permit prescribed by subdivision 1 of this section shall be\nissued by the commissioner or by his designated representative until the\nrequirements of title 8 of this article and the regulations promulgated\nthereunder have been satisfied.\n 4. a. A person, corporation, public authority or public benefit\ncorporation hereafter intending to construct a nuclear steam-electric\ngenerating facility shall file an environmental feasibility report, in a\nform prescribed by the commissioner, with the department concurrently\nwith the filing of the preliminary safety analysis report required to be\nfiled with the United States atomic energy commission for a nuclear\npower plant.\n b. No person, corporation, public authority, or public benefit\ncorporation shall construct or operate any new steam-electric generating\nfacility or increase the capacity of any existing steam-electric\ngenerating facility without a permit issued in accordance with the\nprovisions of this subdivision allowing thermal discharge from such\nfacility to the waters of the state. A public hearing may be conducted\nby the department prior to the issuance of any such permit.\n 5. A SPDES permit shall be issued to the applicant upon such\nconditions as the commissioner may direct:\n a. if the commissioner finds on the basis of the submitted plans or\napplication that the discharge from the outlet or point source or\nmodified disposal system will not be in contravention of the standards,\ncriteria, limitations, rules and regulations adopted or applied by the\ndepartment; or\n b. in case no classification has been made of the receiving waters at\nsaid outlet or point source or into which such proposed discharge is to\nbe made, if the commissioner finds that such proposed discharge will not\nbe injurious to public health and public enjoyment thereof, the\npropagation and protection of fish and wild life, the industrial\ndevelopment of the state and will not contravene standards, criteria,\nlimitations, rules and regulations adopted or applied pursuant to title\n8 hereof.\n 6. The permit prescribed by subdivision 1 of this section and title 8\nhereof shall not be required for the construction and use of a new or\nmodified disposal system, point source or outlet when such disposal\nsystem, point source or outlet is designed to discharge or discharges\nsewage effluent without the admixture of industrial wastes or other\nwastes to the ground waters of the state when such discharge consists of\na flow of less than one thousand gallons per day. Nothing contained in\nthis subdivision shall be construed to permit the making or use of an\noutlet or point source discharging an effluent to the waters of the\nstate in contravention of any standards adopted by the former Water\nPollution Control Board or the former Water Resources Commission and\ncontinued by this article or adopted by the department or standards,\ncriteria, limitations, rules or regulations promulgated or applied\npursuant to title 8 hereof, or discharging an effluent in such a manner\nas to expose sewage on the ground surface, impair the quality of waters\nof the state used for drinking purposes or otherwise create a nuisance\nor menace to health. A county, city, town or village may adopt and\nenforce additional local laws, ordinances and regulations or enforce\nexisting local laws, ordinances and regulations relating to discharges\nof sewage herein referred to, including local laws, ordinances and\nregulations requiring a permit for disposal systems, point sources or\noutlets for such discharges, provided that such local laws, ordinances\nand regulations are not inconsistent with the provisions of this chapter\nor the sanitary code.\n 7. The commissioner may delegate to qualified personnel of county and\ncity health departments his duties of review and approval of plans and\nissuance of permits required in subdivisions 1, 3 and 4 of this section,\nsubject to such conditions as he may establish.\n 9. In the case of a major steam electric generating facility, as\ndefined in section one hundred forty of the public service law, for the\nconstruction or operation of which a certificate is required under\narticle eight of such law, an applicant shall apply for and obtain such\ncertificate in lieu of filing plans and reports and obtaining a permit\nunder this section. Any reference in this article to a permit under this\nsection shall, in the case of such major steam electric generating\nfacility, be deemed for all purposes to refer to such certificate,\nprovided that nothing herein shall limit the authority of the\ndepartments of health and environmental conservation to monitor the\nenvironmental and health impacts resulting from the operation of such\nmajor steam electric generating facility and to enforce applicable\nprovisions of the public health and environmental conservation laws and\nthe terms and conditions of the certificate governing the environmental\nand health impacts resulting from such operation.\n