N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 750-1.7

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

Section 750-1.7 - Individual SPDES permit application requirements

(a) All dischargers.

Permit application requirements that apply to all dischargers seeking to obtain an individual SPDES permit. Application requirements are set by application forms. Requirements include:

(1) the discharger's name and legal status (corporate, individual, partnership or public);

(2) the discharger's official mailing address, and the address where correspondence should be sent, if different;

(3) the designated contact telephone number and, if available, facsimile number and e-mail address;

(4) the discharger's facility name and location, including street address;

(5) the nature of the activities that will result in the discharge, including up to four SIC codes which best reflect the principal products or services provided by the facility;

(6) for POTWs, private residential subdivisions, apartment or condominium developments or mobile home parks, the service area and population served;

(7) the frequency, duration and days of discharge;

(8) the quality and quantity of the discharge;

(9) the source of the wastewater or storm water;

(10) the type of wastewater or storm water treatment, including the design flow of each unit;

(11) a topographic map on a scale of approximately one inch equals 2,000 feet (or other map if a topographic map is unavailable) extending one mile beyond the property boundaries of the source, depicting the facility and each of its intake and discharge structures; each of its hazardous waste treatment storage and disposal facilities; the portion of the mapped area on Indian lands; and those wells, springs, other surface waterbodies, and drinking water wells listed in public records or otherwise known to the applicant in the map area;

(12) for discharges to surface waters, the classification of the receiving waters and the water index number;

(13) for discharges to groundwaters, the soil type and the depth of the water table;

(14) certification that the permittee or prospective permittee has not been held liable in the last 10 years for the violation of pollution control laws or regulations or certification identifying any such violation, the nature of the offense and the status of its disposition;

(15) engineering reports and plans and specifications as may be required by section 750-2.10 of this Part;

(16) a listing of all permits or construction approvals received or applied for under any of the following programs:

(i) Hazardous Waste Management Program under RCRA;

(ii) UIC Program under SDWA;

(iii) NPDES Program under the act;

(iv) Prevention of Significant Deterioration (PSD) Program under the Clean Air Act;

(v) Nonattainment Program under the Clean Air Act;

(vi) National Emission Standards for Hazardous Pollutants (NESHAPS) preconstruction approval under the Clean Air Act;

(vii) ocean dumping permits under the Marine Protection Research and Sanctuaries Act;

(viii) dredge or fill permits under section 404 of the act; and

(ix) other relevant environmental permits, including State permits;

(17) any other relevant information that the department deems necessary to make determinations about permitting said discharge and which the department is authorized by Environmental Conservation Law to require.

(b) Dischargers that are not POTWs.

Additional application requirements for facilities that are not POTWs for individual SPDES permits. Application requirements are set by application forms. Requirements include:

(1) Outfall location. The latitude and longitude to the nearest two seconds and the name of the receiving water.

(2) Line drawing. A line drawing of the water flow through the facility with a water balance, showing operations contributing wastewater to the effluent and treatment units. Similar processes, operations, or production areas may be indicated as a single unit, labeled to correspond to the more detailed identification under paragraph (3) of this subdivision. The water balance must show approximate average flows at intake and discharge points and between units, including treatment units. If a water balance cannot be determined (for example, for certain mining activities), the applicant may provide instead a pictorial description of the nature and amount of any sources of water and any collection and treatment measures.

(3) Average flows and treatment. A narrative identification of each type of process, operation, or production area that contributes wastewater to the effluent for each outfall, including process wastewater, cooling water, and stormwater runoff; the average flow that each process contributes; and a description of the treatment the wastewater receives, including the ultimate disposal of any solid or fluid wastes other than by discharge, including all significant losses of water to products and atmosphere. Processes, operations, or production areas may be described in general terms (for example, dye-making reactor, distillation tower). For facilities that are not POTWs, but receive wastewater or storm water from other persons, this information shall include the identity of each user of the treatment works. The average flow of point sources composed of storm water may be estimated. The basis for the rainfall event and the method of estimation must be indicated. Where the flow during the permit term is expected to differ from the historical flow, the projected flow must also be provided.

(4) Intermittent flows. If any of the discharges described in paragraph (3) of this subdivision are intermittent or seasonal, a description of the frequency, duration and flow rate of each discharge occurrence (except for storm water runoff, spillage or leaks).

(5) Production. If an effluent limitation guideline promulgated under section 304 of the act (see section 750-1.25 of this Subpart) applies to the applicant and is expressed in terms of production (or other measure of operation), a reasonable measure of the applicant's actual production reported in the units used in the applicable effluent guideline must be provided. The reported measure must reflect the actual production of the facility as described in the application form provided by the department. Where production is expected to change during the permit term, the projected changed production must also be provided.

(6) Improvements. If the applicant is subject to any present requirements or compliance schedules for construction, upgrading or operation of waste treatment equipment, an identification of the abatement requirement, a description of the abatement project, and a listing of the required and projected final compliance dates.

(7) Effluent characteristics. Information on the discharge of pollutants specified in this paragraph must be provided.

(i) Analytical methods. When quantitative data for a pollutant are required, the applicant must collect a sample of effluent and analyze it for the pollutant in accordance with analytical methods approved under 40 CFR part 136 (see section 750-1.25 of this Subpart). When no analytical method is approved under 40 CFR part 136, the applicant may request that the department identify available analytical methodologies or use any suitable method but must provide a description of the method.

(ii) Identical outfalls. When an applicant has two or more outfalls with substantially identical effluents, the department may allow the applicant to test only one outfall and report that the quantitative data also apply to the substantially identical outfalls.

(iii) Intake pollutants. The requirements in subparagraphs (vii) and (viii) of this paragraph that an applicant must provide quantitative data for certain pollutants known or believed to be present do not apply to pollutants present in a discharge solely as a result of their presence in intake water; however, an applicant must report such pollutants as present.

(iv) Sample type.

(a) Any mixture of process wastewater and storm water. Grab samples must be used for pH, temperature, cyanide, volatile organics, total phenols, residual chlorine, oil and grease, fecal coliform and fecal streptococcus. For all other pollutants, 24-hour composite samples must be used. However, a minimum of one grab sample may be taken for effluents from holding ponds or other impoundments with a retention period greater than 24 hours or for discharges that take place over a two-hour or shorter period during any one calendar day. In addition, the department may waive composite sampling for any outfall for which the applicant demonstrates that the use of an automatic sampler is infeasible and that the minimum of four grab samples will be a representative sample of the effluent being discharged. The department may allow or establish appropriate site-specific storm water sampling procedures or requirements that are different than those described in this clause, provided that the monitoring results would be sufficiently representative for the use of the resulting data.

(b) Storm water only. In accordance with requirements set forth in 40 CFR part 122.21(g)(7) (see section 750-1.24 of this Subpart).

(v) Representative samples. Effluent characteristics reported in the permit application must be representative of normal operations at the discharging facility.

(vi) Pollutants present. An applicant is expected to know or have reason to believe that a pollutant is present in an effluent based on an evaluation of past practices at the site, the expected use, production, or storage of the pollutant as listed on the applicant's industrial chemical survey, or on any previous analyses for the pollutant.

(vii) Conventional and non-conventional pollutant monitoring.

(viii) Quantitative toxic pollutant monitoring. Except as provided in subparagraph (x) of this paragraph, each applicant must report quantitative effluent monitoring data, from analysis performed by a laboratory certified by the State as able to perform wastewater analysis, for the following pollutants in each outfall containing process wastewater:

(a) for discharges from processes in one or more industry category subject to an effluent limitation guideline in accordance with section 307 of the act (see section 750-1.25 of this Subpart), priority pollutants required to be tested in accordance with 40 CFR part 122 (see section 750-1.25 of this Subpart) for the applicant's industrial category;

(b) pollutants directly or, by an effluent limitation guideline's express terms, indirectly limited through limitations on an indicator in the effluent limitation guideline as set forth in 40 CFR parts 405-471 (see section 750-1.25 of this Subpart);

(c) priority pollutants the applicant knows or has reason to believe are discharged from the outfall;

(d) other significant pollutants, subject to department water quality standards or guidance values, with USEPA and/or department approved analytical methods, that the applicant knows or has reason to believe are discharged from the outfall; and

(e) other significant pollutants, with USEPA/department promulgated analytical methods, which the applicant knows or has reason to believe are discharged from the outfall.

(ix) Qualitative toxic pollutants reporting. Each applicant must indicate whether it knows or has reason to believe that any other toxic pollutants or hazardous substances are discharged from each outfall. For every pollutant expected to be discharged, the applicant must briefly describe the reasons the pollutant is expected to be discharged, and report any quantitative data it has for that pollutant.

(x) Qualitative monitoring for extremely toxic substances. Each applicant must report qualitative data, generated using a screening procedure not calibrated with analytical standards, for 2,3,7, 8-tetrachlorodibenzo-p-dioxin (TCDD) if it:

(a) uses or manufactures 2,4,5-trichlorophenoxy acetic acid (2,4,5,-T); 2(2,4,5-trichlorophenoxy) propanoic acid (Silvex, 2,4,5,-TP); 2-(2,4,5-trichlorophenoxy) ethyl,2,2-dichloropropionate (Erbon); 0,0-dimethyl 0-(2,4,5-trichlorophenyl) phosphorothioate (Ronnel); 2,4,5-trichlorophenol (TCP); or hexachlorophene (HCP); or

(b) knows or has reason to believe that TCDD is or may be present in an effluent and is due to or a consequence of activities related to the facility producing the discharge.

(8) Used or manufactured toxics. A listing of any toxic pollutant that the applicant currently or has in the past or expects in the future to use, store or manufacture as an intermediate or final product or byproduct.

(9) Whole effluent biological toxicity tests. The results of whole effluent biological toxicity tests performed in accordance with 40 CFR part 136 or, where part 136 does not include such methods, USEPA guidance on whole effluent toxicity testing (see section 750-1.25 of this Subpart).

(10) Contract analyses. If a contract laboratory or consulting firm performed any of the analyses required by paragraph (a)(7) of this section, the identity of each laboratory or firm and the analyses performed.

(11) Water supply. The applicant shall provide the name and type of each water supply source as well as the volume of flow from each of the water supply sources from which the wastewater is derived.

(12) Outfall configuration. The applicant shall provide a description of the outfall configuration for each outfall. The description shall provide sufficient information so that the department can analyze the effect of the discharge on the receiving waters.

(13) Water treatment chemicals. For each outfall, the applicant shall provide or cause to be provided, detailed information on each water treatment chemical used that could be discharged from that outfall. Such information shall include but not be limited to the name, the manufacturer, the dosage rates, the ingredients, the toxicity and measures taken to minimize water treatment chemical discharge.

(14) Certification that the permittee or prospective permittee has not been held liable in the last 10 years for the violation of pollution control laws or regulations or certification identifying any such violation, the nature of the offense and the status of its deposition.

(15) Engineering reports and plans and specifications as may be required by section 750-2.10 of this Part.

(16) Additional information. In addition to the information reported on the application form, applicants shall provide to the department, upon request, such other information as the department may reasonably, as authorized under Environmental Conservation Law, require to assess the discharges of the facility and to determine whether to issue a SPDES permit. The additional information may include additional quantitative data and bioassays to assess there lative toxicity of discharges to aquatic life and requirements to determine the cause of the toxicity.

(c) Concentrated animal feeding operations.

Concentrated animal feeding operations and aquatic animal production facilities. Application requirements are set by application forms. Requirements include those set forth in 40 CFR part 122.21(i) (see section 750-1.25 of this Subpart) and 6 NYCRR Part 621.

(d) Publicly owned treatment works.

Application requirements are set by application forms. Requirements include:

(1) those set forth in 40 CFR 122.21(j);

(2) evidence that up-to-date, effective, and duly enacted sewer use laws are in place and being enforced throughout the POTW service area;

(3) a demonstration that the POTW has an approved method of residuals disposal in compliance with Parts 360 and 364 of this Title;

(4) for POTWs receiving industrial waste, evidence that it is operating (or implementing) its industrial pretreatment program, if such a program is required under this Part, in accordance with section 651.53(f) of this Title.

(e) New facilities.

Any new facilities that are applying for a SPDES permit must obtain a permit prior to discharge and may be required to submit the same information required of existing facilities under this section, except that new facilities may be required to submit projected or estimated data in lieu of actual measurements. New facilities must also include the expected discharge date and any engineering reports for the facility.

(f) Variance requests.

The applicant shall include any variance requests under 40 CFR part 122 (see section 750-1.25 of this Subpart) and Part 702 of this Title with the application.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 750-1.7

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