N.Y. ENV Law § 17-0809

§ 17-0809. Effluent limitations.\n 1. SPDES permits issued pursuant hereto shall contain applicable\neffluent limitations as required by the Act and as may be promulgated by\nthe department.\n 2. Notwithstanding any other provision of this article, any point\nsource the construction of which is commenced after the date of\nenactment of the Act and which is so constructed as to meet all\napplicable standards of performance shall not be subject to any more\nstringent standard of performance during a ten-year period beginning on\nthe date of completion of such construction or during the period of\ndepreciation or amortization of such facility for the purposes of\nsection 167 or 169 (or both) of the Internal Revenue Code of 1986,\nwhichever period ends first.\n 3. Notwithstanding any other provision of this article, when effluent\nlimitations are established they must be at least as stringent as the\neffluent limitations previously required unless the commissioner\ndetermines, through regulation, that an exception is warranted as\nprovided in section 303(d) and 402(o) of the Federal Water Pollution\nControl Act (33 U.S.C. sections 1313(d) and 1342(o)) as amended by the\nWater Quality Act of 1987; provided, however, no such exceptions may be\ndetermined to be warranted in special groundwater protection areas\ndesignated pursuant to article fifty-five of this chapter or in Nassau\nor Suffolk counties where such discharges will impact marine waters\nwithin ten years or less. In such areas, the best available technology,\nthat is economically feasible and cost effective based on an analysis\nthat considers direct and avoided economic and environmental costs,\nshall be applied with special emphasis on reducing nitrogen pollution.\n