2006 New York Code - Discharge Point Signs.

 
  § 17-0815-a. Discharge point signs.
    1.  Any person possessing a SPDES permit which allows the discharge of
  waste water into the surface waters of the state shall post  a  sign  as
  provided  for in subdivision two of this section at all discharge points
  to surface waters,  except  for  those  sites  where  the  discharge  is
  composed exclusively of storm water runoff.
    2. (a) All SPDES permit holders for discharges to surface waters shall
  erect  or  post a conspicuous and legible sign of not less than eighteen
  inches by twenty-four inches bearing the following statement:
    "N.Y.S. Permitted Discharge Point Permit  No.    (here  insert  permit
  number).  For information on this discharge you can contact:"
    The  sign  shall  also  contain the following information:   The SPDES
  permit number as issued by the department; the name and telephone number
  of the permit holder which shall be the business  office  repository  of
  the  permit  holder as required by this title; and the name, address and
  telephone  number  of  the  regional  department  office  in  which  the
  discharging facility is located.
    (b)  The permit holder shall provide for public review at the business
  office repository of the permit holder or at the  off-premises  location
  of  its choice (such location shall be the village, town, city or county
  clerk's office, local library or such other location as  the  department
  and permit holder shall agree upon) all the Discharge Monitoring Reports
  (DMR)  prepared  by the permit holder to demonstrate compliance with the
  SPDES permit conditions. A copy of each DMR shall be placed on  file  at
  such  location  at  the  same  time  it  is sent to the department. This
  information shall be kept on file for the period of the effective  dates
  of the SPDES permit.
    (c)  The  permit  holder  shall  be  in  compliance with this title by
  providing, at its option, on or off  premises  inspection  of  documents
  pursuant to paragraphs (a) and (b) of this subdivision and providing the
  address  or  location  where  the  required information is available for
  public review upon an inquiry.
    3. The department shall, pursuant to the terms and conditions  of  the
  permits  issued  pursuant to this title, establish the actual appearance
  and location of the sign on the property of  the  permit  holder  in  as
  close  proximity to the point of discharge into the surface waters as is
  reasonably possible while  ensuring  the  maximum  visibility  from  the
  surface water and shore.
    4. It shall be the responsibility of the permit holder to periodically
  and  reasonably  maintain  the  sign to ensure that it is still legible,
  visible and factually correct.  A good faith documented effort by permit
  holder to maintain such sign will be  an  affirmative  defense  for  its
  absence.
    5.  The  department  may  in  its  discretion waive all or part of the
  requirements of this section if it determines that: (a) such sign cannot
  be reasonably maintained; (b) such sign would be inconsistent  with  the
  provisions  of another statute; (c) such sign could not be so located as
  to provide a  public  purpose;  (d)  the  nature  of  the  discharge  is
  temporary  and  of  a relatively short duration; (e) the permit has been
  issued under the terms and conditions of a general permit as  authorized
  by  this  title;  or  (f)  the  discharge  is  not  a major, significant
  discharge.