§ 17-0817 — SPDES permits; duration and reissuance

New York § 17-0817

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 8: State Pollutant Discharge Elimination System
• Art. 17: Water Pollution Control

Text

§ 17-0817. SPDES permits; duration and reissuance.\n 1. SPDES permits issued in lieu of national pollutant discharge\nelimination system permits shall be valid for a fixed term not to exceed\nfive years. All other SPDES permits issued pursuant to this chapter\nshall be valid for a term not to exceed ten years.\n 2. All SPDES permits may be administratively renewed in accordance\nwith article seventy of this chapter.\n 3. The department shall review at least once every five years all\nexisting permits for conformance with new federal treatment technology,\nnew state water quality classifications and water quality standards.\n 4. The department shall develop a priority ranking system of SPDES\npermits. The ranking system shall prioritize permits for full technical\nreview and, when necessary, modification. For purposes of this\nsubdivision, full technical review shall mean the complete evaluation of\nall elements of the permit associated with the ranking system's priority\nranking factors, together with substantive issues identified in comments\nsubmitted during the public comment period, and the verification of the\naccuracy and appropriateness of all other information contained in the\npermit. Any permits reviewed pursuant to this subdivision shall require\ncompliance with current effluent standards and limitations and water\nquality standards.\n 5. Any interested party may request at any time that a permit be\nmodified, suspended or revoked on the grounds that newly discovered,\nmaterial information has been discovered; that a material change in\nenvironmental conditions has occurred; that relevant technology or\napplicable law or regulations have changed since the issuance of the\nexisting permit; or on other grounds established by the department by\nregulation. All such requests shall be in writing and contain facts or\nreasons supporting the request. If the department determines that the\nrequest is not justified, it shall send the party a brief written\nresponse giving the reasons for the decision. A copy of such request and\nthe department's response shall be sent to the permittee. If the\ndepartment determines that the request is justified, it shall take\naction pursuant to article seventy of this chapter.\n 6. Within eight months after the effective date of this section the\ndepartment shall hold at least three public hearings to solicit public\ncomments on the SPDES permit priority ranking system, including the\npermit priority ranking factors and the weighing and scoring system.\nAll comments submitted during the hearing process and associated comment\nperiod shall be considered by the department in the review, and\nmodification if appropriate, of the SPDES permit priority ranking\nsystem. Thereafter, whenever the department reviews the SPDES permit\npriority ranking system for possible modification, the department shall\nformally solicit and provide for the involvement of the public in such\nreview. The department shall annually publish in the environmental\nnotice bulletin any changes in the priority ranking list, and solicit\nand provide for the involvement of the public in a review of the\npriority ranking list.\n