§ 17-0701. Permit for outlet, point source and for disposal system

required.

1. It shall be unlawful for any person, until a written SPDES permit
therefor has been granted by the commissioner, or by his designated
representative, and unless such permit remains in full force and effect,
to:

a. Make or cause to make or use any outlet or point source for the
discharge of sewage, industrial waste or other wastes or the effluent
therefrom, into the waters of this state, or

b. Construct or operate and use a disposal system for the discharge of
sewage, industrial waste, or other wastes or the effluent therefrom,
into the waters of the state, or make any change in, addition to or an
extension of any existing disposal system or part thereof which would
materially alter the volume of, or the method or effect of treating or
disposing of the sewage, industrial waste or other wastes, or

c. Increase or alter the content of the wastes discharged through an
outlet or point source into the waters of the state by a change in
volume or physical, chemical or biological characteristics.

2. Notwithstanding any other provision of this article, for the
purposes of this title, the following definitions shall be applicable:

a. "Industrial waste" means any liquid, gaseous, solid or waste
substance or a combination thereof resulting from any process of
industry, manufacturing, trade, or business or from the development or
recovery of any natural resources, which may cause or might reasonably
be expected to cause pollution of the waters of the state.

b. "Other wastes" means garbage, refuse, decayed wood, sawdust,
shavings, bark, sand, lime, cinders, ashes, offal, oil, tar, dye-stuffs,
acids, chemicals, ballast and all other discarded matter not sewage or
industrial waste which may cause or might reasonably be expected to
cause pollution of the waters of the state.

3. No permit prescribed by subdivision 1 of this section shall be
issued by the commissioner or by his designated representative until the
requirements of title 8 of this article and the regulations promulgated
thereunder have been satisfied.

4. a. A person, corporation, public authority or public benefit
corporation hereafter intending to construct a nuclear steam-electric
generating facility shall file an environmental feasibility report, in a
form prescribed by the commissioner, with the department concurrently
with the filing of the preliminary safety analysis report required to be
filed with the United States atomic energy commission for a nuclear
power plant.

b. No person, corporation, public authority, or public benefit
corporation shall construct or operate any new steam-electric generating
facility or increase the capacity of any existing steam-electric
generating facility without a permit issued in accordance with the
provisions of this subdivision allowing thermal discharge from such
facility to the waters of the state. A public hearing may be conducted
by the department prior to the issuance of any such permit.

5. A SPDES permit shall be issued to the applicant upon such
conditions as the commissioner may direct:

a. if the commissioner finds on the basis of the submitted plans or
application that the discharge from the outlet or point source or
modified disposal system will not be in contravention of the standards,
criteria, limitations, rules and regulations adopted or applied by the
department; or

b. in case no classification has been made of the receiving waters at
said outlet or point source or into which such proposed discharge is to
be made, if the commissioner finds that such proposed discharge will not
be injurious to public health and public enjoyment thereof, the
propagation and protection of fish and wild life, the industrial
development of the state and will not contravene standards, criteria,
limitations, rules and regulations adopted or applied pursuant to title
8 hereof.

6. The permit prescribed by subdivision 1 of this section and title 8
hereof shall not be required for the construction and use of a new or
modified disposal system, point source or outlet when such disposal
system, point source or outlet is designed to discharge or discharges
sewage effluent without the admixture of industrial wastes or other
wastes to the ground waters of the state when such discharge consists of
a flow of less than one thousand gallons per day. Nothing contained in
this subdivision shall be construed to permit the making or use of an
outlet or point source discharging an effluent to the waters of the
state in contravention of any standards adopted by the former Water
Pollution Control Board or the former Water Resources Commission and
continued by this article or adopted by the department or standards,
criteria, limitations, rules or regulations promulgated or applied
pursuant to title 8 hereof, or discharging an effluent in such a manner
as to expose sewage on the ground surface, impair the quality of waters
of the state used for drinking purposes or otherwise create a nuisance
or menace to health. A county, city, town or village may adopt and
enforce additional local laws, ordinances and regulations or enforce
existing local laws, ordinances and regulations relating to discharges
of sewage herein referred to, including local laws, ordinances and
regulations requiring a permit for disposal systems, point sources or
outlets for such discharges, provided that such local laws, ordinances
and regulations are not inconsistent with the provisions of this chapter
or the sanitary code.

7. The commissioner may delegate to qualified personnel of county and
city health departments his duties of review and approval of plans and
issuance of permits required in subdivisions 1, 3 and 4 of this section,
subject to such conditions as he may establish.

9. In the case of a major steam electric generating facility, as
defined in section one hundred forty of the public service law, for the
construction or operation of which a certificate is required under
article eight of such law, an applicant shall apply for and obtain such
certificate in lieu of filing plans and reports and obtaining a permit
under this section. Any reference in this article to a permit under this
section shall, in the case of such major steam electric generating
facility, be deemed for all purposes to refer to such certificate,
provided that nothing herein shall limit the authority of the
departments of health and environmental conservation to monitor the
environmental and health impacts resulting from the operation of such
major steam electric generating facility and to enforce applicable
provisions of the public health and environmental conservation laws and
the terms and conditions of the certificate governing the environmental
and health impacts resulting from such operation.