N.Y. Environmental Conservation Law § 17-0701: Permit for outlet, point source and for disposal system required

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

required.

1. It shall be unlawful for any person, until a written SPDES permit

therefor has been granted by the commissioner, or by his designated

representative, and unless such permit remains in full force and effect,

to:

a. Make or cause to make or use any outlet or point source for the

discharge of sewage, industrial waste or other wastes or the effluent

therefrom, into the waters of this state, or

b. Construct or operate and use a disposal system for the discharge of

sewage, industrial waste, or other wastes or the effluent therefrom,

into the waters of the state, or make any change in, addition to or an

extension of any existing disposal system or part thereof which would

materially alter the volume of, or the method or effect of treating or

disposing of the sewage, industrial waste or other wastes, or

c. Increase or alter the content of the wastes discharged through an

outlet or point source into the waters of the state by a change in

volume or physical, chemical or biological characteristics.

2. Notwithstanding any other provision of this article, for the

purposes of this title, the following definitions shall be applicable:

a. "Industrial waste" means any liquid, gaseous, solid or waste

substance or a combination thereof resulting from any process of

industry, manufacturing, trade, or business or from the development or

recovery of any natural resources, which may cause or might reasonably

be expected to cause pollution of the waters of the state.

b. "Other wastes" means garbage, refuse, decayed wood, sawdust,

shavings, bark, sand, lime, cinders, ashes, offal, oil, tar, dye-stuffs,

acids, chemicals, ballast and all other discarded matter not sewage or

industrial waste which may cause or might reasonably be expected to

cause pollution of the waters of the state.

3. No permit prescribed by subdivision 1 of this section shall be

issued by the commissioner or by his designated representative until the

requirements of title 8 of this article and the regulations promulgated

thereunder have been satisfied.

4. a. A person, corporation, public authority or public benefit

corporation hereafter intending to construct a nuclear steam-electric

generating facility shall file an environmental feasibility report, in a

form prescribed by the commissioner, with the department concurrently

with the filing of the preliminary safety analysis report required to be

filed with the United States atomic energy commission for a nuclear

power plant.

b. No person, corporation, public authority, or public benefit

corporation shall construct or operate any new steam-electric generating

facility or increase the capacity of any existing steam-electric

generating facility without a permit issued in accordance with the

provisions of this subdivision allowing thermal discharge from such

facility to the waters of the state. A public hearing may be conducted

by the department prior to the issuance of any such permit.

5. A SPDES permit shall be issued to the applicant upon such

conditions as the commissioner may direct:

a. if the commissioner finds on the basis of the submitted plans or

application that the discharge from the outlet or point source or

modified disposal system will not be in contravention of the standards,

criteria, limitations, rules and regulations adopted or applied by the

department; or

b. in case no classification has been made of the receiving waters at

said outlet or point source or into which such proposed discharge is to

be made, if the commissioner finds that such proposed discharge will not

be injurious to public health and public enjoyment thereof, the

propagation and protection of fish and wild life, the industrial

development of the state and will not contravene standards, criteria,

limitations, rules and regulations adopted or applied pursuant to title

8 hereof.

6. The permit prescribed by subdivision 1 of this section and title 8

hereof shall not be required for the construction and use of a new or

modified disposal system, point source or outlet when such disposal

system, point source or outlet is designed to discharge or discharges

sewage effluent without the admixture of industrial wastes or other

wastes to the ground waters of the state when such discharge consists of

a flow of less than one thousand gallons per day. Nothing contained in

this subdivision shall be construed to permit the making or use of an

outlet or point source discharging an effluent to the waters of the

state in contravention of any standards adopted by the former Water

Pollution Control Board or the former Water Resources Commission and

continued by this article or adopted by the department or standards,

criteria, limitations, rules or regulations promulgated or applied

pursuant to title 8 hereof, or discharging an effluent in such a manner

as to expose sewage on the ground surface, impair the quality of waters

of the state used for drinking purposes or otherwise create a nuisance

or menace to health. A county, city, town or village may adopt and

enforce additional local laws, ordinances and regulations or enforce

existing local laws, ordinances and regulations relating to discharges

of sewage herein referred to, including local laws, ordinances and

regulations requiring a permit for disposal systems, point sources or

outlets for such discharges, provided that such local laws, ordinances

and regulations are not inconsistent with the provisions of this chapter

or the sanitary code.

7. The commissioner may delegate to qualified personnel of county and

city health departments his duties of review and approval of plans and

issuance of permits required in subdivisions 1, 3 and 4 of this section,

subject to such conditions as he may establish.

9. In the case of a major steam electric generating facility, as

defined in section one hundred forty of the public service law, for the

construction or operation of which a certificate is required under

article eight of such law, an applicant shall apply for and obtain such

certificate in lieu of filing plans and reports and obtaining a permit

under this section. Any reference in this article to a permit under this

section shall, in the case of such major steam electric generating

facility, be deemed for all purposes to refer to such certificate,

provided that nothing herein shall limit the authority of the

departments of health and environmental conservation to monitor the

environmental and health impacts resulting from the operation of such

major steam electric generating facility and to enforce applicable

provisions of the public health and environmental conservation laws and

the terms and conditions of the certificate governing the environmental

and health impacts resulting from such operation.