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This entry was published on 2014-09-22
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SECTION 17-0817
SPDES permits; duration and reissuance
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 17, TITLE 8
§ 17-0817. SPDES permits; duration and reissuance.

1. SPDES permits issued in lieu of national pollutant discharge
elimination system permits shall be valid for a fixed term not to exceed
five years. All other SPDES permits issued pursuant to this chapter
shall be valid for a term not to exceed ten years.

2. All SPDES permits may be administratively renewed in accordance
with article seventy of this chapter.

3. The department shall review at least once every five years all
existing permits for conformance with new federal treatment technology,
new state water quality classifications and water quality standards.

4. The department shall develop a priority ranking system of SPDES
permits. The ranking system shall prioritize permits for full technical
review and, when necessary, modification. For purposes of this
subdivision, full technical review shall mean the complete evaluation of
all elements of the permit associated with the ranking system's priority
ranking factors, together with substantive issues identified in comments
submitted during the public comment period, and the verification of the
accuracy and appropriateness of all other information contained in the
permit. Any permits reviewed pursuant to this subdivision shall require
compliance with current effluent standards and limitations and water
quality standards.

5. Any interested party may request at any time that a permit be
modified, suspended or revoked on the grounds that newly discovered,
material information has been discovered; that a material change in
environmental conditions has occurred; that relevant technology or
applicable law or regulations have changed since the issuance of the
existing permit; or on other grounds established by the department by
regulation. All such requests shall be in writing and contain facts or
reasons supporting the request. If the department determines that the
request is not justified, it shall send the party a brief written
response giving the reasons for the decision. A copy of such request and
the department's response shall be sent to the permittee. If the
department determines that the request is justified, it shall take
action pursuant to article seventy of this chapter.

6. Within eight months after the effective date of this section the
department shall hold at least three public hearings to solicit public
comments on the SPDES permit priority ranking system, including the
permit priority ranking factors and the weighing and scoring system.
All comments submitted during the hearing process and associated comment
period shall be considered by the department in the review, and
modification if appropriate, of the SPDES permit priority ranking
system. Thereafter, whenever the department reviews the SPDES permit
priority ranking system for possible modification, the department shall
formally solicit and provide for the involvement of the public in such
review. The department shall annually publish in the environmental
notice bulletin any changes in the priority ranking list, and solicit
and provide for the involvement of the public in a review of the
priority ranking list.