N.Y. Environmental Conservation Law § 17-0817: SPDES permits; duration and reissuance

§ 17-0817. SPDES permits; duration and reissuance.

1. SPDES permits issued in lieu of national pollutant discharge

elimination system permits shall be valid for a fixed term not to exceed

five years. All other SPDES permits issued pursuant to this chapter

shall be valid for a term not to exceed ten years.

2. All SPDES permits may be administratively renewed in accordance

with article seventy of this chapter.

3. The department shall review at least once every five years all

existing permits for conformance with new federal treatment technology,

new state water quality classifications and water quality standards.

4. The department shall develop a priority ranking system of SPDES

permits. The ranking system shall prioritize permits for full technical

review and, when necessary, modification. For purposes of this

subdivision, full technical review shall mean the complete evaluation of

all elements of the permit associated with the ranking system's priority

ranking factors, together with substantive issues identified in comments

submitted during the public comment period, and the verification of the

accuracy and appropriateness of all other information contained in the

permit. Any permits reviewed pursuant to this subdivision shall require

compliance with current effluent standards and limitations and water

quality standards.

5. Any interested party may request at any time that a permit be

modified, suspended or revoked on the grounds that newly discovered,

material information has been discovered; that a material change in

environmental conditions has occurred; that relevant technology or

applicable law or regulations have changed since the issuance of the

existing permit; or on other grounds established by the department by

regulation. All such requests shall be in writing and contain facts or

reasons supporting the request. If the department determines that the

request is not justified, it shall send the party a brief written

response giving the reasons for the decision. A copy of such request and

the department's response shall be sent to the permittee. If the

department determines that the request is justified, it shall take

action pursuant to article seventy of this chapter.

6. Within eight months after the effective date of this section the

department shall hold at least three public hearings to solicit public

comments on the SPDES permit priority ranking system, including the

permit priority ranking factors and the weighing and scoring system.

All comments submitted during the hearing process and associated comment

period shall be considered by the department in the review, and

modification if appropriate, of the SPDES permit priority ranking

system. Thereafter, whenever the department reviews the SPDES permit

priority ranking system for possible modification, the department shall

formally solicit and provide for the involvement of the public in such

review. The department shall annually publish in the environmental

notice bulletin any changes in the priority ranking list, and solicit

and provide for the involvement of the public in a review of the

priority ranking list.