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State Pollutant Discharge Elimination System (SPDES) Permit Program


New York is rich in surface and groundwater resources. Article 17 of the Environmental Conservation Law (ECL) entitled "Water Pollution Control" was enacted to protect and maintain these valuable resources. Article 17 authorized creation of the State Pollutant Discharge Elimination System (SPDES) program to maintain New York's waters with reasonable standards of purity.

The SPDES program is designed to eliminate the pollution of New York waters and to maintain the highest quality of water possible-- consistent with:

  • public health
  • public enjoyment of the resource
  • protection and propagation of fish and wildlife
  • industrial development in the state.

New York's SPDES program has been approved by the United States Environmental Protection Agency for the control of surface wastewater and stormwater discharges in accordance with the Clean Water Act. However, the SPDES program is broader in scope than that required by the Clean Water Act as it controls point source discharges to groundwaters as well as surface waters.

2013 SPDES Priority Ranking List

The New York State Department of Environmental Conservation (NYSDEC) is providing the Environmental Benefit Permit Strategy (EBPS) priority rankings list (PDF) (383 KB) in conformance with section 17-0817(6) of the Environmental Conservation Law. The lists are based on a ranking system that prioritizes permits for full technical review and, when necessary, modification. For additional information on EBPS, please refer to TOGS 1.2.2.

Proposed Revisions to TOGS 1.2.2

TOGS 1.2.2 (PDF) (533KB) provides the procedures for implementing the requirements for discharges authorized under the State Pollutant Discharge Elimination System (SPDES) permit program, developing new SPDES permits, and renewing, modifying, priority ranking and tracking existing SPDES permits. This revision to TOGS 1.2.2 addresses EPA's concerns regarding the EBPS process and clarifies and updates the procedures used by the Division of Water and Division of Environmental Permits staff to implement the SPDES program.

Staff determined that the issuance of this guidance document is a Type II action pursuant to SEQRA.

Annual Fees For SPDES Permits

While no application fees are charged for review of permit applications, the Department assesses permittees for annual Environmental Regulatory Program Fees based on the type of facility, the type of authorization, and the discharge volume. In accordance with Article 72, Title 6 of the Environmental Conservation Law, fees for SPDES permits are:

Table 1 for SPDES General Permit Fees
Type Fees (per year)
MSGP $100
Aquatic Pesticides General Permit $100
PCI (to groundwater, 1,000 -10,000 gpd) $100
CAFO (Medium or Large) $50
Construction $100
Construction - one time initial authorization fee $100 per disturbed acre and
$600 per future impervious acre
Table 2 for SPDES Individual Permit Fees
Capacity Fee (per year)
Industrial Less than 10,000 gpd $600
10,000 - 99,999 gpd $2,000
100,000 - 499,999 gpd $6,000
500,000 - 999,999 gpd $20,000
1,000,000 - 9,999,999 gpd $30,000
10,000,000 gpd or more $50,000
Municipal Less than 200,000 gpd $375
200,000 - 999,999 gpd $1,875
1,000,000 - 4,999,999 gpd $7,500
5,000,000 - 39,999,999 gpd $15,000
40,000,000 gpd or more $37,500
Institutional (PCI)
Less than 100,000 gpd $300
100,000 gpd or more $600
Power Plant any size $50,000
Ballast Dischargers Less than 1,000,000 gals.
in any 24 hr. period
1,000,000 gals. or more
in any 24 hr. period

Disclaimer : When the fees indicated in the NYSDEC regulations or the above table are not consistent with those contained in the ECL, the annual fees indicated in the ECL shall prevail.

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