§ 17-0815-A — Discharge point signs

§ 17-0815-a. Discharge point signs.\n 1. Any person possessing a SPDES permit which allows the discharge of\nwaste water into the surface waters of the state shall post a sign as\nprovided for in subdivision two of this section at all discharge points\nto surface waters, except for those sites where the discharge is\ncomposed exclusively of storm water runoff.\n 2. (a) All SPDES permit holders for discharges to surface waters shall\nerect or post a conspicuous and legible sign of not less than eighteen\ninches by twenty-four inches bearing the following statement:\n "N.Y.S. Permitted Discharge Point Permit No. (here insert permit\nnumber). For information on this discharge you can contact:"\n The sign shall also contain the following information: The SPDES\npermit number as issued by the department; the name and telephone number\nof the permit holder which shall be the business office repository of\nthe permit holder as required by this title; and the name, address and\ntelephone number of the regional department office in which the\ndischarging facility is located.\n (b) The permit holder shall provide for public review at the business\noffice repository of the permit holder or at the off-premises location\nof its choice (such location shall be the village, town, city or county\nclerk's office, local library or such other location as the department\nand permit holder shall agree upon) all the Discharge Monitoring Reports\n(DMR) prepared by the permit holder to demonstrate compliance with the\nSPDES permit conditions. A copy of each DMR shall be placed on file at\nsuch location at the same time it is sent to the department. This\ninformation shall be kept on file for the period of the effective dates\nof the SPDES permit.\n (c) The permit holder shall be in compliance with this title by\nproviding, at its option, on or off premises inspection of documents\npursuant to paragraphs (a) and (b) of this subdivision and providing the\naddress or location where the required information is available for\npublic review upon an inquiry.\n 3. The department shall, pursuant to the terms and conditions of the\npermits issued pursuant to this title, establish the actual appearance\nand location of the sign on the property of the permit holder in as\nclose proximity to the point of discharge into the surface waters as is\nreasonably possible while ensuring the maximum visibility from the\nsurface water and shore.\n 4. It shall be the responsibility of the permit holder to periodically\nand reasonably maintain the sign to ensure that it is still legible,\nvisible and factually correct. A good faith documented effort by permit\nholder to maintain such sign will be an affirmative defense for its\nabsence.\n 5. The department may in its discretion waive all or part of the\nrequirements of this section if it determines that: (a) such sign cannot\nbe reasonably maintained; (b) such sign would be inconsistent with the\nprovisions of another statute; (c) such sign could not be so located as\nto provide a public purpose; (d) the nature of the discharge is\ntemporary and of a relatively short duration; (e) the permit has been\nissued under the terms and conditions of a general permit as authorized\nby this title; or (f) the discharge is not a major, significant\ndischarge.\n