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Express Terms for 6 NYCRR Section 702.17

EXPRESS TERMS

6 NYCRR Section 702.17 is amended follows:

Paragraph 4 of subdivision (a) of Section 702.17 is amended to read as follows:

(a) The department may grant, to an applicant for a SPDES permit or to a SPDES permittee, a variance to a water quality-based effluent limitation or groundwater effluent limitation included in a SPDES permit.

(4) A variance shall not be granted if standards or guidance values will be attained by implementing effluent limits required under section [754.1(a)(1) and (2)] 750-1.11(a) of this Title and by the permittee implementing cost-effective and reasonable best management practices for nonpoint source control.

Paragraph 6 of subdivision (b) of Section 702.17 is amended to read as follows:

(b) A variance may be granted if the requester demonstrates that achieving the effluent limitation is not feasible because:

(6) controls more stringent than those required by section [754.1(a)(1) and (2)] 750-1.11(a) of this Title would result in substantial and widespread economic and social impact.

Section 702.17 remains otherwise unchanged.

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