2006 New York Code - Spdes Permits; Duration And Reissuance.

 
  § 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.