N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 750-1.9

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

Section 750-1.9 - Draft permits and fact sheets for new or modified SPDES permits

(a) If the department determines to issue a SPDES permit, the department shall develop a draft SPDES permit in advance of public notice of the application pursuant to Part 621 of this Title.

(b) With respect to every application for a facility designated by USEPA as major, for every facility that is not an EPA major with a design flow equal to or in excess of 500,000 gallons per day, for every general permit, and for all permits that incorporate a variance or requires an explanation under 40 CFR 124.56 (see section 750-1.25 of this Subpart) the department shall prepare a fact sheet. In response to requests for fact sheets, the department may elect to provide copies of a draft permit and public notice together with the fact sheet, in which case, information provided on the draft permit and public notice need not be separately provided on the fact sheet. The contents of such fact sheets shall comply with the requirements of 40 CFR 124.8 and 124.56 (see section 750-1.25 of this Subpart) and include:

(1) any water quality determinations based on a total maximum daily loading/waste load allocation/load allocations as set forth in 40 CFR 130.7 (see section 750-1.25 of this Subpart); and

(2) for total maximum daily loading/waste load allocation/load allocations (TMDL/WLA/LA) where the proposed permittee is the only point source, a notice that the public process for the permit will also be the public notice for the TMDL/WLA/LA provided that such notice complies with the notice requirements in 40 CFR 130.7 (see section 750-1.25 of this Subpart).

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 750-1.9

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