N.Y. Comp. Codes R. & Regs. tit. 6 § 750-1.21 : DEPARTMENT OF ENVIRONMENTAL CONSERVATION — DIVISION OF WATER RESOURCES — GENERAL — STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM — STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) PERMITS —1 - OBTAINING A SPDES PERMIT AND POSS REGISTRATION —1.21 - SPDES general permits

(a) The department may issue a general permit, upon application or on its own initiative, to cover a category of point sources of one or more discharges within a stated geographical area that:

(1) involve the same or substantially similar types of operations;

(2) discharge the same types of pollutants;

(3) require the same effluent limitations or operating conditions;

(4) require the same or similar monitoring; and

(5) that will result in minimal adverse cumulative impacts.

(b) Discharges may be authorized in accordance with a general permit for each of the following categories of discharges or potential discharges:

(1) sanitary sewage, excluding industrial waste, from private, commercial or institutional establishments with design flows less than 10,000 gallons per day to groundwater;

(2) storm water from construction activities as defined under 40 CFR 122.26(b)(14)(x) (see section 750-1.25 of this Subpart);

(3) storm water from industrial activities as defined and allowed under 40 CFR 122.26(b)(14)(i)-(ix) and (xi) (see section 750-1.25 of this Subpart);

(4) from Concentrated Animal Feeding Operations; and

(5) other discharges for which the department has issued a general permit in accordance with the criteria set forth in article 70, section 0117 of the ECL.

(c) Any general permit issued under this subdivision shall set forth the applicability of the permit and the conditions that apply to any discharge authorized by such general permit.

(d) Administration of general permits.

General permits maybe issued, modified, and reissued, or terminated in accordance with applicable requirements of this Part and Part 621 of this Title, except:

(1) to obtain permission to discharge in accordance with a general permit, an existing or proposed discharger must timely notify the department, in the format provided by the department, of the discharger's intention to discharge in accordance with a general permit. The department may provide verification of discharge approval pursuant to the general permit and may require such verification prior to the permittee being authorized to discharge;

(2) upon renewal of a general permit, all dischargers permitted to discharge in accordance with the previous general permit shall be permitted to discharge in accordance with the renewed general permit unless otherwise notified by the department;

(3) upon modification of a general permit, all discharges permitted to discharge in accordance with the previous unmodified general permit shall be permitted to discharge in accordance with the modified general permit unless otherwise notified by the department; and

(4) unless otherwise set forth in this Part, department administration of the general permit for storm water discharges shall be in accordance with the Federal regulations set forth in 40 CFR 122.26 (see section 750-1.25 of this Subpart).

(e) The department may require any discharger authorized to discharge in accordance with a general permit to apply for and obtain an individual SPDES permit or apply for authorization to discharge in accordance with another general permit.

(1) Cases where an individual SPDES permit or authorization to discharge in accordance with another general permit may be required include, but is not limited to the following:

(i) the discharger is not in compliance with the conditions of the general permit or does not meet the criteria for coverage under the general permit;

(ii) a change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source;

(iii) new effluent limitation guidelines or new source performance standards are promulgated that are applicable to point sources authorized to discharge in accordance with the general SPDES permit;

(iv) existing effluent limitation guidelines or new source performance standards that are applicable to point sources authorized to discharge in accordance with the general SPDES permit are modified;

(v) a water quality management plan containing requirements applicable to such point sources is approved by the department;

(vi) circumstances have changed since the time of the request to be covered so that the discharger is no longer appropriately controlled under the SPDES general permit, or either a temporary or permanent reduction or elimination of the authorized discharge is necessary;

(vii) the discharge is in violation of section 17-0501 of the ECL;

(viii) the discharge(s) is a significant contributor of pollutants. In making this determination, the department may consider the following factors:

(a) the location of the discharge(s) with respect to waters of New York State;

(b) the size of the discharge(s);

(c) the quantity and nature of the pollutants discharged to waters of New York State; and

(d) other relevant factors including compliance with other provisions of ECL, article 17, or the act.

(2) When the department requires any discharger authorized by a general permit to apply for an individual SPDES permit as provided for in this subdivision, it shall notify the discharger in writing that a permit application is required. This notice shall include a brief statement of the reasons for this decision, an application form, a statement setting a time for the owner or operator to file the application for an individual SPDES permit, and a deadline, not sooner than 180 days from receipt to the permittee's receipt of the notification letter, whereby the authorization to discharge under a SPDES general permit shall be terminated. The department may grant additional time upon demonstration, to the satisfaction of the regional water engineer, that additional time to apply for an alternative authorization is necessary or where the department has not provided a permit determination in accordance with Part 621 of this Title.

(3) When an individual SPDES permit is issued to a discharger authorized to discharge under a general SPDES permit for the same discharge(s), the general permit authorization for outfalls authorized under the individual permit is automatically terminated on the effective date of the individual permit unless termination is earlier in accordance with this Part.

(f) General permits shall include such provisions that are applicable as set forth in sections 750-1.10, 750-1.11, 750-1.13 and 750-1.14 of this Subpart.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 750-1.21

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