N.Y. Environmental Conservation Law § 17-0809: Effluent limitations

§ 17-0809. Effluent limitations.

1. SPDES permits issued pursuant hereto shall contain applicable

effluent limitations as required by the Act and as may be promulgated by

the department.

2. Notwithstanding any other provision of this article, any point

source the construction of which is commenced after the date of

enactment of the Act and which is so constructed as to meet all

applicable standards of performance shall not be subject to any more

stringent standard of performance during a ten-year period beginning on

the date of completion of such construction or during the period of

depreciation or amortization of such facility for the purposes of

section 167 or 169 (or both) of the Internal Revenue Code of 1986,

whichever period ends first.

3. Notwithstanding any other provision of this article, when effluent

limitations are established they must be at least as stringent as the

effluent limitations previously required unless the commissioner

determines, through regulation, that an exception is warranted as

provided in section 303(d) and 402(o) of the Federal Water Pollution

Control Act (33 U.S.C. sections 1313(d) and 1342(o)) as amended by the

Water Quality Act of 1987; provided, however, no such exceptions may be

determined to be warranted in special groundwater protection areas

designated pursuant to article fifty-five of this chapter or in Nassau

or Suffolk counties where such discharges will impact marine waters

within ten years or less. In such areas, the best available technology,

that is economically feasible and cost effective based on an analysis

that considers direct and avoided economic and environmental costs,

shall be applied with special emphasis on reducing nitrogen pollution.