N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 750-1.11 - Application of standards, limitations and other requirements

(a) The provisions of each issued SPDES permit shall ensure compliance with all of the following, whenever applicable:

(1) BPT effluent limitations under section 301 of the act and 40 CFR parts 120, 125, 133 and 405-471, inclusive (see section 750-1.25 of this Subpart);

(2) BCT new source performance standards and other new source performance standards under section 306 of the act and 40 CFR parts 122.29, 129 and 405-471, inclusive (see section 750-1.25 of this Subpart);

(3) BAT effluent limitation guidelines, effluent prohibitions, and pretreatment standards for existing sources under section 307 of the act and 40 CFR parts 129 and 405-471, inclusive (see section 750-1.25 of this Subpart);

(4) ocean discharge criteria adopted by the Federal government pursuant to section 403 of the act and 40 CFR part 125, sections 125.120-125.124 (see section 750-1.25 of this Subpart);

(5) any more stringent limitations, including those:

(i) necessary to meet water quality standards, guidance values, effluent limitations or schedules of compliance, established pursuant to any state law or regulation consistent with section 510 of the act, or the requirements of 40 CFR part 132 (see section 750-1.25 of this Subpart);

(ii) necessary to implement a total maximum daily load/waste load allocation/load allocation established pursuant to section 303(d) of the act and 40 CFR part 130.7 (see section 750-1.25 of this Subpart); or

(iii) necessary to meet any other State or Federal law or regulation;

(6) any more stringent requirements necessary to comply with a plan approved pursuant to section 208(b) of the act and 40 CFR part 35 (see section 750-1.25 of this Subpart);

(7) prior to promulgation by the administrator of applicable effluent standards and limitations, BPJ effluent limitations and such conditions as the commissioner determines are necessary to carry out the provisions of this Part pursuant to section 402 of the act and 40 CFR part 125 (see section 750-1.25 of this Subpart);

(8) as provided in section 402(g) of the act (see section 750-1.25 of this Subpart), if the SPDES permit is for the discharge of pollutants into the navigable waters of the State from a vessel or other floating craft, any applicable regulations promulgated by the U.S. Department of Commerce, establishing specifications for safe transportation, handling, carriage, storage, and stowage of pollutants;

(9) unless otherwise required or authorized by this Part, the provisions or requirements of 40 CFR part 122.23 - Concentrated animal feeding operations, 40 CFR part 122.24 - Concentrated aquatic animal production facilities, 40 CFR part 122.25 - Aquaculture projects, 40 CFR parts 122.26, 122.30 to 122.37, and 122.42(c) and (d) - Storm water discharges, 40 CFR part 122.27 - Silvicultural activities (applicable to State NPDES), 40 CFR part 122.44 - Establishing limitations, standards, and other permit conditions, 40 CFR part 122.45 - Calculating NPDES permit conditions, 40 CFR part 125 - Criteria and standards for NPDES, 40 CFR part 133 - Secondary treatment regulation, 40 CFR part 401 - General provisions and 40 CFR part 403 - General pretreatment regulations, except 40 CFR part 403.10 (see section 750-1.25 of this Subpart);

(10) 40 CFR 122.50 (see section 750-1.25 of this Subpart); and

(11) the requirements or provisions of this Part.

(b) Persons discharging industrial waste to the publicly owned treatment works shall comply with toxic effluent limitations and pretreatment standards and with monitoring, reporting, recording, sampling and entry requirements provided by section 307 of the act and 40 CFR parts 129 and 405-471, inclusive; and section 308 of the act and 40 CFR parts 122 and 125 (see section 750-1.25 of this Subpart); or ECL article 17, or adopted pursuant to ECL article 17 of this Title.

Notes

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 750-1.11

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