NY SPDES Permitting Program Policy Update

The New York State Department of Environmental Conservation (NYSDEC) has released a policy update regarding the State Pollutant Discharge Elimination System (SPDES) permitting process. The policy is defined as Division of Water (DOW) #1.2.6: Interpretation and Implementation of 6 New York Codes, Rules, and Regulations (NYCRR) 750-1.26.

Background

SPDES permits are authorizations required by NYS for facilities that discharge pollutants into state water systems. Discharges by facilities may include stormwater, wastewater, or other regulated discharges. These discharges are regulated to protect water resources from pollution and maintain water quality standards. Facilities that may require a SPDES permit can include municipal, industrial, and commercial facilities of various usages.

6 NYCRR Part 750 defines the NYSDEC SPDES permit program. Subpart 750-1 describes how a SPDES permit is obtained, while Subpart 750-2 describes operating in accordance with the obtained SPDES permit. Subpart 750-1 has been amended with a new section 750-1.26, which includes additional proceedings applicable to SPDES permits. DOW #1.2.6 aims to provide the NYSDEC’s interpretation and implementation of the subpart.

Summary of DOW #1.2.6

Section 750-1.26 has been added to provide additional procedural requirements for adjudicatory proceedings applicable to SPDES permits. According to 6 NYCRR 750-1.26, additional information must be sent to the director of the NYSDEC DOW simultaneously with a request for an adjudicatory hearing. This includes identification of new or changed conditions within a new SPDES permit that are contested, and explanation as to why they are being contested.

Contested conditions are subsequently suspended given that the permittee makes a “good-faith” effort to provide the required information. The required information is then reviewed by the director of the NYSDEC DOW. The review process by the director only includes inspection of procedural compliance, and does not make any determinations based on merit.

The benefit to this is that while adjudicatory proceedings are pending, implementation of uncontested conditions of the SPDES permit will not be delayed and can offer water quality improvements sooner. Note that this amendment only applies to changes in existing SPDES permits, and does not apply to new discharge applications.

How Walden Can Help

If you have a project that fits the above criteria, Walden’s team of experts in water quality management and regulatory program compliance can help you with the NY SPDES permitting process and requirements. Contact us today at 516-980-5508 to speak with one of our knowledgeable consultants.