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Glen Cove, City of

March 19, 2001

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
ANNOUNCEMENT OF PUBLIC HEARING and ISSUES CONFERENCE

Permittee: City of Glen Cove, 9 Glen Street, Glen Cove, New York 11542

Application Number: DEC # 1-2805-00018/00001, SPDES # NY0026620

Project Description: The staff of the New York State Department of Environmental Conservation (DEC or Department) propose to revise the State Pollutant Discharge Elimination System (SPDES) permit of the wastewater treatment plant of the City of Glen Cove (City). The Department issued the City a SPDES permit in 1990 with water quality based metals limits in the effluent from the plant. In 1992, the City signed a consent order with the Department to address compliance with the metals requirements in the permit. In 1994, DEC staff drafted a revised permit that modified metals limits but issuance was delayed based upon concerns of the New York Public Interest Research Group and discussions between staff and the permittee. In 1998, DEC completed a report with recommendations regarding permit compliance and another consent order was entered into by DEC and the City to address the amount of influent coming into the plant and compliance with SPDES permit limits. Although these parties did not come to an agreement on SPDES permit revisions, the staff has decided to go forward with this revision that it terms an Environmental Benefit Permit Strategy modification. Because the City disagrees with requirements in the proposed modification relating to copper, silver, and nickel limits, the mixing zone, chronic whole effluent mixing limits, pH, seasonal UOD values, action levels, monitoring and other matters, it has requested a hearing pursuant to § 753.6 of Title 6 of the New York Compilation of Codes, Rules and Regulations (6 NYCRR).

NYS Environmental Conservation Law (ECL) and implementing regulations: The SPDES permit modification is being processed pursuant to ECL Article 3, Title 3 (General Functions), ECL Article 17 (Water Pollution Control), 6 NYCRR Part 621 (Uniform Procedures), 6 NYCRR Part 624 (Permit Hearing Procedures) and Parts 750 et seq. (State Pollutant Discharge Elimination System).

State Environmental Quality Review Act (SEQRA) Status: The DEC staff has determined that the proposal is a Type II action and therefore, not subject to review under SEQRA.

Document Availability: The permit modification materials, including a draft SPDES permit are available for review at the following locations during normal business hours between 9:00 AM and 4:00 PM, Monday through Friday.

(1) DEC Office of Hearings and Mediation Services (OHMS), 50 Wolf Road, Room 423, Albany, NY 12233-1550. Contact: Administrative Law Judge (ALJ) Helene G. Goldberger at (518) 457-3468;

(2) DEC Region 1, Division of Legal Affairs, Building 40 - SUNY, Stony Brook, NY 11790-2356. Contact: Louise M. DeCandia, Assistant Regional Attorney at (631) 444-0260;

(3) Glen Cove Public Library, 4 Glen Cove Avenue, Glen Cove, NY 11542-2885.

Written Comments: All written comments about the draft SPDES permit must be filed with ALJ Goldberger, OHMS, Department of Environmental Conservation, 50 Wolf Road, Room 423, Albany, NY 12233-1550. Written comments must be postmarked no later than April 26, 2001.

Legislative Public Hearing: A legislative hearing session to receive unsworn statements from the public on the draft permit will be held before ALJ Helene G. Goldberger, on April 25, 2001 at 10:00 AM in the second floor conference room at City Hall, 15 Glen Street, Glen Cove, NY 11542. All persons, organizations, corporations, or government agencies which may be affected by the proposed project are invited to attend the hearing and to submit oral or written comments. It is not necessary to file in advance to speak at the legislative hearing. Lengthy statements should be in writing and summarized for oral presentation. Reasonable time limits may be set for each speaker to afford everyone an opportunity to be heard. Equal weight will be given to both oral and written statements. The hearing location is accessible to persons with a mobility impairment. Interpreter services shall be made available to deaf persons at no charge upon request to the ALJ at least 10 days prior to the hearing, pursuant to the State Administrative Procedures Act.

Issues Conference: A pre-adjudicatory hearing issues conference is scheduled to be held on April 25, 2001 immediately following the legislative session at the same location. The issues conference will continue on April 26-27, 2001, if necessary. Based upon the issues conference record, the ALJ will determine what issues if any require adjudication, and will define the scope of such issues. Participation at the issues conference will be limited to the DEC staff, the permittee, and those persons requesting party status pursuant to 6 NYCRR §§ 624.4 and 624.5 in advance of the issues conference as set forth below.

Filing for Party Status and Proposed Issues: To participate at the issues conference concerning the draft permit identified in this notice, persons other than DEC staff and the permittee must file a written petition requesting party status pursuant to 6 NYCRR §§ 624.4(c) and 624.5(b). Any petition must fully identify the proposed party and the name(s) of the person(s) who will act as the party's representative(s), the party's environmental interest, the statutory considerations relevant to the proposed SPDES permit, whether the request is for full party status or amicus status, and the precise grounds for opposing or supporting the proposed permit. Mere opposition to the modified permit is not a sufficient basis to be granted party status.

For amicus status, the filing must identify the nature of the legal or policy issues to be briefed, and provide a statement explaining why the proposed amicus is in a special position with respect to those issues.

All petitions must be received on WEDNESDAY, APRIL 18, 2001 by close of business. One copy of any petition requesting either full party status or amicus status must be served upon the following individuals:

  1. Administrative Law Judge Helene G. Goldberger, DEC Office of Hearings and Mediation Services, 50 Wolf Road, Room 423, Albany, NY 12233-1550;
  2. Louise M. DeCandia, Assistant Regional Attorney, DEC Region 1, Division of Legal Affairs, Building 40 - SUNY, Stony Brook, NY 11790-2356;
  3. Philip D. Nykamp, Esq., Twomey, Latham, Shea & Kelley, LLP, 33 West Second Street, P.O. Box 398, Riverhead, NY 11901.

Service by FAX is NOT authorized.

Daniel E. Louis
Chief Administrative Law Judge

March 19, 2001

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