Legislation
SECTION 17-0815
SPDES permits; additional terms and conditions
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 17, TITLE 8
§ 17-0815. SPDES permits; additional terms and conditions.
SPDES permits shall include the following provisions, terms,
requirements and conditions;
1. that all discharges authorized by the permit shall be consistent
with the provisions, terms, requirements and conditions of such permit.
2. that facility expansions, production increases or process
modifications by the permittee which result in new or increased
discharges of pollutants into the waters of the state shall be reported
by the permittee by submission of a new SPDES application.
3. that the discharge of any pollutant not identified and authorized
by such permit or the discharge of any pollutant more frequently than or
at a level in excess of that permitted by such permit shall constitute a
violation of the terms of the permit.
4. that, where the permit is for a publicly owned treatment works,
notice shall be given the department of any new introduction into such
works of pollutants or substantial changes in volume or character of
pollutants.
5. that for discharges from publicly owned treatment works appropriate
measures will be established by the permittee to insure compliance by
industrial users with any system of user charges and recovery of
construction costs required under the provisions of the Act.
6. that such permit may be modified, suspended or revoked where the
department finds.
a. a violation of any term of the permit;
b. that the permit was obtained by misrepresentation or failure to
disclose fully all relevant facts; or
c. a change in conditions or the existence of a condition which
requires either a temporary or permanent reduction or elimination of the
authorized discharge.
7. such other terms, provisions, requirements or conditions as may be
necessary to meet the requirements of the Act.
8. recording, reporting, monitoring, and sampling requirements
applicable under the Act.
SPDES permits shall include the following provisions, terms,
requirements and conditions;
1. that all discharges authorized by the permit shall be consistent
with the provisions, terms, requirements and conditions of such permit.
2. that facility expansions, production increases or process
modifications by the permittee which result in new or increased
discharges of pollutants into the waters of the state shall be reported
by the permittee by submission of a new SPDES application.
3. that the discharge of any pollutant not identified and authorized
by such permit or the discharge of any pollutant more frequently than or
at a level in excess of that permitted by such permit shall constitute a
violation of the terms of the permit.
4. that, where the permit is for a publicly owned treatment works,
notice shall be given the department of any new introduction into such
works of pollutants or substantial changes in volume or character of
pollutants.
5. that for discharges from publicly owned treatment works appropriate
measures will be established by the permittee to insure compliance by
industrial users with any system of user charges and recovery of
construction costs required under the provisions of the Act.
6. that such permit may be modified, suspended or revoked where the
department finds.
a. a violation of any term of the permit;
b. that the permit was obtained by misrepresentation or failure to
disclose fully all relevant facts; or
c. a change in conditions or the existence of a condition which
requires either a temporary or permanent reduction or elimination of the
authorized discharge.
7. such other terms, provisions, requirements or conditions as may be
necessary to meet the requirements of the Act.
8. recording, reporting, monitoring, and sampling requirements
applicable under the Act.