PBA06.11.2026packet

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Part VII.G.1.a.
  a. the owner or operator is not in compliance with the conditions of this
  permit or does not meet the requirements for coverage under this permit;
  and

  b. a change has occurred in the availability of demonstrated technology or
  practices for the control or abatement of pollutants applicable to the point
  source; and

  c. new effluent limitation guidelines or new source performance standards
  are promulgated that are applicable to point sources authorized to
  discharge in accordance with this permit; and

  d. existing effluent limitation guidelines or new source performance
  standards that are applicable to point sources authorized to discharge in
  accordance with this permit are modified; and

  e. a water quality management plan containing requirements applicable to
  such point sources is approved by NYSDEC; and

  f. circumstances have changed since the time of the request to be covered
  so that the owner or operator is no longer appropriately controlled under
  this permit, or either a temporary or permanent reduction or elimination of
  the authorized discharge is necessary; and

  g. the discharge is in violation of section 17-0501 of the ECL; and

  h. the discharge(s) is a significant contributor of pollutants. In making this
  determination, NYSDEC may consider the following factors:

  i. the location of the discharge(s) with respect to surface waters of the
  State; and

  ii. the size of the discharge(s); and

  iii. the quantity and nature of the pollutants discharged to surface
  waters of the State; and

  iv. other relevant factors including compliance with other provisions of
  ECL Article 17, or the CWA.

2. When NYSDEC requires any owner or operator authorized by this permit to apply
  for an individual SPDES permit as provided for in this subdivision, it must notify
  the owner or operator in writing that a permit application is required. This notice
  must include a brief statement of the reasons for this decision, an application
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