N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 750-1.18

Current through Register Vol. 46, No. 45, November 2, 2024

Section 750-1.18 - Modification of SPDES permits

(a) SPDES permits maybe modified in accordance with Part 621 of this Title.

(b) In addition to the grounds set forth in Part 621 of this Title, the department may modify a SPDES permit on any of the following grounds:

(1) the permit has attained a level of sufficient priority in accordance with the priority system set forth under section 750-1.19 of this Subpart for the department;

(2) satisfaction of the terms of a special permit condition or requirement has not achieved expressed objectives of the special permit condition or requirement;

(3) when required to satisfy a condition or conditions of a permit;

(4) to adjust permit limitations, where adjustment of such permit limits would not cause the permittee to violate such adjusted permit limits and adjustment of the permit limitations is necessary to allow a new or increased discharge from another permittee in accordance with a total maximum daily load/waste load allocation/load allocation as set forth in 40 CFR 130.7 (see section 750-1.25 of this Subpart);

(5) to correct technical mistakes, such as typographical errors and errors in calculation, or mistaken interpretations of law made in determining permit conditions or to make changes to monitoring requirements or make other minor technical adjustments;

(6) to implement a department initiative that is a legal requirement from applicable law or regulation; or

(7) when necessary to comply with the Clean Water Act.

(c) The provisions of this Part related to the requirements for applications, draft permits and fact sheets for new SPDES permits shall apply to the extent appropriate, as determined by the department in conformance with the act.

(d) When a permit is modified, only the aspects of the permit that are modified are subject to public review.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 750-1.18

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