§ 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.