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Part 655: Industrial Waste Treatment Facilities; Certification For Tax Purposes

(Statutory authority: Environmental Conservation Law, §§ 17-0303, SSS17-0705, 17-0707)

[Effective Date 04/28/72]

[Amended on 03/09/73 and reissued 07/95.]

Contents:

Sec.

§655.1 Definitions

As used in this Part, unless the context otherwise requires:

(a) The terms department, commissioner, and waters of the State shall have the meanings ascribed to them in section 17-0105 of the Environmental Conservation Law.

(b) The term industrial waste shall have the meaning ascribed in section 17-0105 of the Environmental Conservation Law, and shall be interpreted for purposes of the tax incentive program only to include also incidental amounts of sewage or other wastes generated in association with wastewater from the manufacturing processes for which the treatment facility is constructed, further provided that there shall be no interference with treatment process operations, that effective treatment is provided and maintained, and that such inclusions shall have been part of the basis of approval of the constructed facilities.

(c) The term industrial waste treatment facilities means facilities for the treatment, neutralization or stabilization of industrial waste from a point immediately preceding the point of such treatment, neutralization or stabilization to the point of disposal, including the necessary pumping and transmitting facilities, but excluding such facilities installed for the primary purpose of salvaging materials which are usable in the manufacturing process or are marketable.

(d) The term certificate of compliance or certificate means a certificate issued by the commissioner, or his designated representative, indicating that an industrial waste treatment facility is in compliance with applicable provisions of the Environmental Conservation Law, the State Sanitary Code and regulations, permits or orders issued by the commissioner pursuant to law.

(e) The term regional office means the office of the regional director for the area in which the industrial waste treatment facility is located.

(f) The term pretreatment device means an industrial waste treatment facility installed and used prior to discharge into a municipal sewer system.

(g) The term sewer use ordinance includes local laws, codes, rules and regulations pertaining to the use of a municipal sewer system adopted by a governmental subdivision of the State.

§655.2 Eligible industrial waste treatment facilities

(a) The following industrial waste treatment facilities, or portions thereof, are eligible for certification:

(1) facilities from a point immediately preceding the treatment, neutralization or stabilization device or devices to the point of discharge to the waters of the State, or to a municipal sewer system;

(2) facilities whose primary purpose is pollution abatement even though they may salvage marketable materials;

(3) pretreatment devices which produce an effluent that is in conformance with a municipal sewer use ordinance;

(4) for purposes of Tax Law deductions, facilities and pretreatment devices, the construction, reconstruction, erection or improvement of which is initiated on or after January 1, 1965;

(5) for purposes of Real Property Tax Law exemptions, facilities and pretreatment devices which were constructed or reconstructed subsequent to May 12, 1965.

(b) The following are ineligible for certification:

(1) facilities that rely solely upon dilution, dispersion or assimilation of pollutants in the receiving waters;

(2) holding tanks or similar structures unless followed by treatment, neutralization or stabilization;

(3) facilities whose primary purposes are salvage of materials which are usable in the manufacturing process or are marketable;

(4) collection systems including pumping and transmitting facilities preceding the point of treatment, neutralization or stabilization.

§655.3 Application for certification

Applications for a certificate of compliance shall be submitted in duplicate to the regional office on a form furnished by the commissioner.

§655.4 Determination of eligibility for certification

Upon receipt of an application for a certificate of compliance, the department shall cause an inspection to be made of the industrial waste treatment facility or pretreatment device for compliance with statutory requirements and these rules. In the case of pretreatment devices, the applicant shall secure from the chief administrator of the municipal sewer system a statement that the pretreatment device was installed pursuant to his approval and that such pretreatment device is accomplishing the necessary treatment, neutralization or stabilization, to produce an effluent which is in conformance with the municipal sewer use ordinance, and submit the statement in support of the application.

§655.5 Issuance of certificates

(a) Permanent certificates will be issued for eligible industrial waste treatment facilities and pretreatment devices that have been completed and are properly operating.

(b) Temporary certificates will be issued for eligible facilities and devices, or portions thereof, which have not been completed as of the time of inspection pursuant to section 655.4. Such certificates will apply only to construction which has been accomplished during the applicable tax period and will expire at the close of the tax year in which it was issued.

(c) A certificate is issued for purposes of both section 17-0705 and 17-0707 of the Environmental Conservation Law unless otherwise specified.

§655.6 Revocation of certificate

(a) If, at any time, it becomes apparent that the classification and standards applicable to receiving waters are being contravened, a local sewer use ordinance is being violated, permit conditions are being violated or the treatment facility ceases to be operated, or is not being properly operated or maintained, a certificate of compliance will be subject to administrative review and revocation.

(b) Notification of revocation will be given to the certificate holder, the local assessor, the State Board of Equalization and Assessment, and the New York State Department of Taxation and Finance.