SPDES Permit Program: Application Procedures
The Department strongly recommends a pre-application conference for first time applicants or for complex projects. This allows the applicant to explain the proposed project to DEC staff and to get preliminary answers to questions concerning:
- project plans,
- application procedures, other DEC permits, other determinations, and other regulatory jurisdictions,
- effluent limits, and
- standards for permit issuance.
Schedule a pre-application conference by contacting the appropriate regional DEC office and asking for the Regional Permit Administrator in the Division of Environmental Permits, or the Regional Water Engineer in the Division of Water.
NOTE: DEC has authorized Nassau and Suffolk Counties to administer SPDES permits for discharges to groundwaters from private/commercial/institutional facilities and for some industrial facilities. Please contact the appropriate County office:
Nassau County Department of Health
200 County Seat Drive, North Entrance
Mineola, NY 11501
Suffolk County Department of Health
360 Yaphank Ave, Suite 2C
Yaphank, NY 11980
Keep your initial plans flexible until the project design has been reviewed in relation to the standards of the regulatory agencies involved. Eliminate multiple mailings, multiple reviews, and misunderstandings seeking clarifications from DEC staff at the planning stages of the project, and by submitting accurate, complete information.
For additional information, see our webpage Getting An Environmental Permit.
Remember, Contact DEC Early in Your Planning and be flexible -- Let us help you!
New SPDES applications are for facilities that are not yet built or that have never had a SPDES permit before, such as facilities which did not previously have a discharge of 1,000 gallons per day or more, but which have been expanded above that threshold.
In general, a complete application should include the following (at least 3 copies of each item):
1. A completed DEC application form SIGNED and DATED by the applicant.
Acceptable "APPLICANT" signatures are as follows:
|Corporation||Principal executive officer of at least vice-president level or a duly authorized representative who is responsible for the overall operation of the facility.|
|Municipalities, state, federal or other public facilities||Principal executive officer, ranking elected official, or other duly authorized employee.|
If a sewage treatment system is intended to serve a number of separately owned dwelling units or facilities, the parties involved must first form a 'sewage works corporation' under the provisions of Article 10 of the New York State Transportation Corporation Law. This law specifies that any such corporation must be approved by both the local governing body (town, city, or village board, etc.) and the department of health (state, county, or city) having jurisdiction in that area. The corporation must be registered with the Department of State, and a performance bond must be posted with the local governing body.
Homeowners associations and owners of condominiums often fall into this category of needing to form a sewage works corporation. A pre-application conference can help determine if such a corporation is needed.
2. A location map showing the precise location of the project by reference to known landmarks such as streets and public buildings. (A photocopy of a USGS topographic map or equivalent, with the project site marked, will usually be sufficient.)
3. A general site plan with a scale of 1"= 50' that shows the property to be affected by the project, and the location of the wastewater treatment facilities to be built in relation to natural landforms (hills, creeks, wetlands, etc.) The site plan should show:
- Location of buildings
- Water wells on the property or adjacent properties.
- Location of septic systems on adjacent properties.
- Discharge lines and sewage outflow locations.
- Topography of the area at a contour interval prescribed by the region.
- Property lines.
4. Information necessary for the requirements of the State Environmental Quality Review Act (SEQR) and the State Historic Preservation Act (SHPA) which will include:
- A completed Environmental Assessment Form (EAF) (Part 1), and in certain cases, a Draft Environmental Impact Statement (DEIS). For P/C/Is, usually a Short Environmental Assessment Form will suffice.
- A completed Structural Archaeological Assessment Form (SAAF) (if required), and in certain cases, a cultural resource survey.
5. Other relevant information which DEC staff may determine is necessary to adequately review and evaluate the application, such as:
- An engineer's report
- County health department flow confirmation letter
- Waste assimilative capacity analysis (for surface discharges)