N.Y. Comp. Codes R. & Regs. tit. 6, § 750-2.2
(c) A SPDES permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters.
(d) Oil and hazardous substance liability.
The imposition of responsibilities upon, or the institution of any legal action against the permittee under section 311 of the act (see section 750-1.25 of this Part) shall be in conformance with regulations promulgated pursuant to section 311 governing the applicability of section 311 of the Clean Water Act to discharges from facilities with NPDES permits.