N.Y. Environmental Conservation Law § 17-0815-a: Discharge point signs

§ 17-0815-a. Discharge point signs.

1. Any person possessing a SPDES permit which allows the discharge of

waste water into the surface waters of the state shall post a sign as

provided for in subdivision two of this section at all discharge points

to surface waters, except for those sites where the discharge is

composed exclusively of storm water runoff.

2. (a) All SPDES permit holders for discharges to surface waters shall

erect or post a conspicuous and legible sign of not less than eighteen

inches by twenty-four inches bearing the following statement:

"N.Y.S. Permitted Discharge Point Permit No. (here insert permit

number). For information on this discharge you can contact:"

The sign shall also contain the following information: The SPDES

permit number as issued by the department; the name and telephone number

of the permit holder which shall be the business office repository of

the permit holder as required by this title; and the name, address and

telephone number of the regional department office in which the

discharging facility is located.

(b) The permit holder shall provide for public review at the business

office repository of the permit holder or at the off-premises location

of its choice (such location shall be the village, town, city or county

clerk's office, local library or such other location as the department

and permit holder shall agree upon) all the Discharge Monitoring Reports

(DMR) prepared by the permit holder to demonstrate compliance with the

SPDES permit conditions. A copy of each DMR shall be placed on file at

such location at the same time it is sent to the department. This

information shall be kept on file for the period of the effective dates

of the SPDES permit.

(c) The permit holder shall be in compliance with this title by

providing, at its option, on or off premises inspection of documents

pursuant to paragraphs (a) and (b) of this subdivision and providing the

address or location where the required information is available for

public review upon an inquiry.

3. The department shall, pursuant to the terms and conditions of the

permits issued pursuant to this title, establish the actual appearance

and location of the sign on the property of the permit holder in as

close proximity to the point of discharge into the surface waters as is

reasonably possible while ensuring the maximum visibility from the

surface water and shore.

4. It shall be the responsibility of the permit holder to periodically

and reasonably maintain the sign to ensure that it is still legible,

visible and factually correct. A good faith documented effort by permit

holder to maintain such sign will be an affirmative defense for its

absence.

5. The department may in its discretion waive all or part of the

requirements of this section if it determines that: (a) such sign cannot

be reasonably maintained; (b) such sign would be inconsistent with the

provisions of another statute; (c) such sign could not be so located as

to provide a public purpose; (d) the nature of the discharge is

temporary and of a relatively short duration; (e) the permit has been

issued under the terms and conditions of a general permit as authorized

by this title; or (f) the discharge is not a major, significant

discharge.