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Wastewater Rulemaking

Current Rules

Proposed Rules


The DEC is proposing to amend its Pollution Abatement Facility Operator Rule, which regulates the classification of certain wastewater treatment facilities and staffing of those facilities.  In 2017, the Legislature transferred the licensing of operators of these facilities from the DEC to the Secretary of State’s Office of Professional Regulation.  As a result, DEC proposes to update this rule to remove DEC’s licensing process.  The proposed rule amendment also clarifies certain staffing requirements and updates the facility classification tables.

Public Comment

DEC is seeking public comment on the proposed amendment to the Pollution Abatement Facility Operator Rule.  Comments may be made during the Public Hearing on March 9, 2021 (link in schedule below), and written comments may be submitted to Amy Polaczyk at  The deadline for comments is March 23, 2021.

Rulemaking Schedule for Proposed Amendment to Pollution Abatement Facility Operator Rule
Activity Date
Applied to Interagency Committee on Administrative Rules (ICAR) November 30, 2020
Received Interagency Committee on Administrative Rules (ICAR) Approval December 14, 2020
Filed Proposed Rule with Secretary of State January 26,2021
Public Notice Posted Online By Secretary of State February 3, 2021
Newspaper Notice Published By Secretary of State  

Public Hearing (recording available upon request)

March 9, 2021 at 4:00 p.m.
Public Comments Due March 23, 2021
Filed Final Rule with Legislative Committee on Administrative Rules (LCAR) April 27, 2021

LCAR meeting

May 20, 2021
Filed final 'adopted rule' with Secretary of State 7/1/2021
Rule effective date 8/2/2021


Pollution Abatement Facility Operator Rule