(a) The department, after consultation with the New York State Department of Health, may establish, on a case-by-case basis, more stringent effluent limitations than those set forth in section 703.6 of this Title or established by section 702.16(c)(1) of this Part, where necessary, to prevent pollution and protect the groundwaters for their best usages. The department shall consider rules and regulations promulgated by the administrator or the New York State Department of Health in establishing such limitations. Additionally, the department shall consider action levels for compounds determined to exhibit toxic effects which are established by the Commissioner of the New York State Department of Health.

(b) Circumstances under which the department may consider more stringent effluent limitations include but are not limited to the following: