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New York City Department of Environmental Protection - 14 SPDES Permits (Revised)

August 5, 2003

PLEASE NOTE THAT THE AUGUST 13, 2003 EDITION OF THE ENVIRONMENTAL NOTICE BULLETIN WAS REVISED ON AUGUST 14, 2003 TO INCLUDE THE FOLLOWING NOTICE.

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF PUBLIC HEARING
NOTICE OF AVAILABILITY OF PROPOSED MODIFIED PERMITS

14 MUNICIPAL SEWAGE TREATMENT PLANTS
(WATER POLLUTION CONTROL PLANTS)
DEC PROJECT NOs. 2-6007-00025, et seq.
STATE POLLUTANT DISCHARGE ELIMINATION
SYSTEM NOs. NY-0026191, et seq.

PERMITTEE: THE CITY OF NEW YORK, DEPARTMENT OF ENVIRONMENTAL PROTECTION, 96-05 Horace Harding Expressway, Flushing, New York 11368 [Contact: Stanley Hughes; Tel: (718) 595-5015]

PERMITS: The 14 municipal sewage treatment plants, known as Water Pollution Control Plants (WPCPs), which are the subject of this permit modification proceeding are identified in the following table:

DEC ID SPDES No. NAME LOCATION
2-6007-00025 NY0026191 HUNTS PT WPCP COSTER ST & RYAWA AVE, BRONX, NY 10474
2-6101-00023 NY0027073 RED HOOK WPCP 63 FLUSHING AVENUE, BROOKLYN, NY 11205
2-6101-00025 NY0026204 NEWTOWN CREEK WPCP 329-69 GREENPOINT AVE, BROOKLYN, NY 11222
2-6102-00005 NY0026166 OWLS HEAD WPCP 6700 SHORE ROAD, BROOKLYN, NY 11220
2-6105-00009 NY0026212 26TH WARD WPCP 122-66 FLATLANDS AVE, BROOKLYN, NY 11207
2-6107-00004 NY0026182 CONEY ISLAND WPCP 2591 KNAPP STREET, BROOKLYN, NY 11235
2-6202-00007 NY0026247 NORTH RIVER WPCP 725 W 135 STREET, NEW YORK, NY 10031
2-6203-00005 NY0026131 WARDS ISLAND WPCP WARDS ISLAND, NEW YORK, NY 10035
2-6301-00008 NY0026158 BOWERY BAY WPCP 43-01 BERRIAN BLVD, ASTORIA, NY 11105
2-6302-00012 NY0026239 TALLMAN ISLAND WPCP 127-01 POWELLS COVE BLVD, COLLEGE POINT, NY 11356
2-6308-00021 NY0026115 JAMAICA WPCP 150-20 134 STREET, JAMAICA, NY 11430
2-6309-00003 NY0026221 ROCKAWAY WPCP 106-21 BEACH CHANNEL DR, ROCKAWAY, NY 11694
2-6401-00012 NY0026107 PORT RICHMOND WPCP 1801 RICHMOND TERRACE, STATEN ISLAND, NY 10310
2-6404-00065 NY0026174 OAKWOOD BEACH WPCP 751 MILL ROAD, STATEN ISLAND, NY 10306

PROJECT: The Permittee, New York City Department of Environmental Protection (NYCDEP) is a municipal agency operating and having responsibility for the City of New York's 14 WPCPs, (which process sewage generated within the City of New York), as well as the City's combined and separate sanitary sewage collection facilities. The City of New York owns the 14 WPCPs. On June 27, 2002, the Staff of the Department of Environmental Conservation (DEC Staff) provided the NYCDEP with notice of intent to modify the 14 WPCPs in accordance with New York State's Environmental Benefit Permit Strategy (EBPS).

DEC Staff has proposed generic modifications to all 14 permits and to major initiatives such as the Long Island Sound Total Maximum Daily Loads (TMDL) and Jamaica Bay Assessment Plan. Proposed modifications address the following matters:

PERMIT LIMITS, LEVELS AND MONITORING:

Flow - flow limit has been modified from a 30 day arithmetic mean of dry weather flow to a 12 month rolling average of total flow, in accordance with NYSDEC Division of Water's Technical & Operational Guidance Series (TOGS) 1.3.3 guidance for WPCPs receiving flow from combined sewer systems.

The flow limit for Coney Island has increased from 100 mgd to 110 mgd and the flow limit for Wards Island increased from 250 mgd to 275 mgd due to upgrades at these WPCPs.

Biological Oxygen Demand (BOD) - The BOD5 limits have been replaced with Carbonaceous BOD (CBOD5) limits to better represent the nitrifying effluent at all the WPCPs. These limits are lower than BOD5 limits.

Settleable Solids - The settleable solids limit has been replaced with an equivalent daily maximum limit of 50 mg/ of total suspended solids sampled 1/day. This limit does not apply on the day when wet weather influent flow is twice the design flow or on the succeeding day.

Toxic Parameters - Water quality based effluent limits for toxics are daily maximum limits in accordance with 6NYCRR 703.5 and TOGS 1.3.1, instead of daily averages as in the current permit.

Dissolved copper - Dissolved copper monitoring is no longer required.

Priority Pollutant Scan - Sampling and analysis for all priority pollutants is required at all 14 plants once per year on influent and effluent. This replaces influent monitoring of metals one time per month and the annual organic priority pollutant monitoring.

NITROGEN:

Long Island Sound Nitrogen Limits - Effluent limitations reflect a 58.5% reduction in nitrogen over a 15 year period which DEC Staff views as being consistent with the Long Island Sound Study.

Jamaica Bay Nitrogen Limits - Nitrogen requirements are included in the permits as an interim bubble limit for those WPCPs that discharge to Jamaica Bay while a report is developed.

Remaining WPCPs - The four WPCPs that do not discharge to Long Island Sound or Jamaica Bay also have monitoring requirements for the nitrogen series.

Combined Sewer Overflows - The federal Wet Weather Water Quality Act of 2000 amended the Clean Water Act to require every permit for a discharge from a municipal combined storm and sanitary sewer to be in conformance with the 1994 CSO Control Policy. The policy requires SPDES permits to contain technology-based controls in the form of Best Management Practices (BMP), called the Nine Minimum Controls, and water quality-based controls in the form of a Long Term Control Plan (LTCP).

Monitoring of CSO Regional Treatment Facilities - Monitoring requirements have been added to the permits for facilities that operate or plan to construct regional CSO Regional Treatment Facilities (RTF).

Best Management Practices - The draft permits contain updated BMP language.

Long Term Control Plan - The LTCP requirements are outlined in a June 26, 1992 Consent Order, as amended.

Toxicity testing - Toxicity testing is required at all WPCPs. The current permit requirement for development of a suitable marine toxicity testing program and quarterly toxicity testing for one year has been completed.

Flow Management - The WPCPs are required to submit flow management plans when annual average flow reaches 95% of design flow.

Untreated Discharges - This section of the current permit has been updated to include: 2-hour reporting requirements for discharges that would affect bathing areas, shellfishing areas or public drinking water intakes; an annual report with a summary and analysis of bypasses; abatement procedures; and a sentinel monitoring program.

Pretreatment program - The requirements of the pretreatment program have been modified to contain statewide requirements.

COMPLIANCE SCHEDULES:

Total Residual Chlorine (TRC) - requires all 14 WPCPs to identify and construct the facilities necessary to achieve the water quality limit for TRC.

Stormwater Pollution Prevention Plan (SPPP) - requires the permittee to develop a SPPP, in accordance with federal regulations 40 CFR 122.26(b)(14)(ix), for the wastewater treatment facilities with on-site storm sewers.

City-Wide Sewer Mapping - requires all 14 WPCPs to complete an update of all outfalls in their drainage system, and submit a report with detailed information about each outfall.

CSO BMP Requirements - provides a timetable for completion or submission of CSO BMP requirements found in the 15 CSO BMPs.

Pollutant Minimization Plan - requires all 14 WPCPs to complete a pollutant mass balance and source track down of Bioaccumulative Chemicals of Concern.

Supplemental Discharge Characterization Report - requires that 10 of the 14 WPCPs make necessary amendments to the sewer use regulations based on the stormwater discharge characterization, and develop a storm water monitoring program.

Additional Municipal Separate Stormwater Sewer System (MS4) Requirements - requires 10 WPCPs to assess the applicability of the South Richmond Drainage Plan to their drainage plan, develop a construction site urban runoff manual to be provided to construction site operators, and submit an inventory of certain facilities discharging to the MS4.

Reliability & Engineering Operations - requires all 14 WPCPs to inventory all critical wastewater treatment equipment, develop a contingency plan to insure that a minimum of primary treatment and disinfection is provided at the WPCP during emergencies, and develop a schedule for testing of emergency power.

Polychlorinated Biphenyls (PCBs) - EPA has developed a new more precise method of analysis for PCBs that can detect all 209 congeners. This new method will be tested at four WPCPs.

Mercury - EPA has developed a new more precise method of analysis for total mercury. Four WPCPs in NYC are required to perform a one year monitoring program for mercury comparing the new method to the old.

Tetrachloroethylene - requires two WPCPs to inspect and sample dry cleaning establishments and develop measures to reduce the influent level of tetrachloroethylene. An interim limit, based on a statistical analysis of discharge levels, is placed in the permit until the compliance schedule is completed.

Sanitary Sewer Projects - Two WPCPs are required to describe and map all current and proposed construction activities within the drainage area that impact the sanitary sewer system and submit a list of significant property owners who have received sewer connection notices.

Recording and Reporting - Monthly operating reports are required to be appended to the Discharge Monitoring Reports (DMRs) within 30 days of the month following the end of the reporting period.

Changes specific to each facility are described in the individual fact sheet for each proposed modified permit. DEC Staff's notice of modification, draft modified permits with fact sheets and related materials are available for review at the document repositories identified below (See "Document Availability").

The Permittee, NYCDEP, has requested this hearing to contest certain proposed conditions of the 14 WPCPs draft modified permits. Specifically, the Permittee contests 1) certain nitrogen related provisions; 2) contends that the proposed modified permits conflict with other enforceable Orders on Consent; and 3) contends that errors and omissions in the proposed modified permits must be remedied. The Permittee's position is set forth more fully in letters of March 31, 2003, June 19, 2003 and August 5, 2003 (NYCDEP to NYSDEC), which are available for review (See "Document Availability", below).

TENTATIVE DETERMINATIONS: The Department Staff has tentatively determined to issue the revised proposed modified permits in accordance with New York State's EBPS.

SEQR STATUS: No lead agency was designated for the State Environmental Quality Review Act (SEQRA) review of this action. A Negative Declaration has been prepared, dated June 20, 2002, and is available for review (See "Document Availability", below). The proposed permit modifications were the subject of public notice and comment on June 26, 2002.

STATE HISTORIC PRESERVATION ACT (SHPA): The proposed activities are not subject to review in accordance with SHPA. The permit type is exempt.

COASTAL MANAGEMENT: These projects are located in a Coastal Management area and are subject to the Waterfront Revitalization and Coastal Resources Act. The proposed permit modifications will enhance water quality by making effluent limitations more stringent.

PUBLIC HEARING: All persons, organizations, corporations or government agencies which may be affected by the proposed permit modifications are invited to comment on the applications. A city-wide legislative hearing on the proposed modified permit conditions of the 14 WPCP permits will be held to receive unsworn statements from the public at the NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION REGION 2 HEADQUARTERS ANNEX, HEARING ROOM 108, 1 1-15 FORTY-SEVENTH AVENUE, LONG ISLAND CITY, NEW YORK 11101 ON SEPTEMBER 17, 2003 AT 7:00 P.M. 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 on the proposed modified permits. Equal weight will be given to both oral and written statements. It is requested that lengthy statements be submitted in writing since a 5 minute time limit may be imposed on all speakers if there are a large number of persons wishing to speak, to insure that all persons will have an opportunity to be heard. Please note that it is not necessary to file a written request in advance to speak at the legislative hearing. Written statements regarding the application may also be filed with the Office of Hearings and Mediation Services at the address indicated below either before or during the hearing. The hearing will be conducted pursuant to 6 NYCRR Part 624 (Permit Hearing Procedures).

The hearing location is reasonably accessible to persons with mobility impairment. Pursuant to SAPA § 202(1), interpreter services shall be made available to deaf persons at no charge, upon written request to the Administrative Law Judge identified below at least five (5) business days prior to the date of the legislative hearing session.

ISSUES CONFERENCE: A pre-adjudicatory hearing issues conference will be held at the NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION REGION 2 HEADQUARTERS ANNEX [HEARING ROOM], 11-15 FORTY-SEVENTH AVENUE, LONG ISLAND CITY, NEW YORK 11101 ON SEPTEMBER 18, 2003 AT 10:00 A.M., AND WILL CONTINUE ON SUCCESSIVE DAYS AS NECESSARY. The purpose of the issues conference is to determine party status for any person who has properly filed and to define, narrow and if possible, resolve proposed adjudicable issues which are raised by the Permittee or party status petitioners concerning the Department Staff's proposed permit modifications [See, 6 NYCRR 624.4(c)(8)]. ANY PERSONS REQUESTING PARTY STATUS MUST APPEAR OR BE REPRESENTED AT THE ISSUES CONFERENCE IN ORDER THAT ALL PROPOSED ISSUES MAY BE FULLY DISCUSSED. ONLY PROPOSED ADJUDICABLE ISSUES RELATED TO PROPOSED PERMIT MODIFICATIONS WILL BE CONSIDERED. If all disputes among the issues conference participants are resolved and/or all objections and/or requests for an adjudicatory hearing are withdrawn or otherwise resolved, the adjudicatory hearing may be canceled.

FILING FOR PARTY STATUS AND AMICUS STATUS: Party status to participate at the issues conference and at any subsequent adjudicatory hearing will be accorded ONLY to those persons who file a written statement requesting party status, pursuant to 6 NYCRR 624.5. PLEASE NOTE THAT MERE OPPOSITION TO THE PROJECT IS NOT A SUFFICIENT BASIS TO BE GRANTED PARTY STATUS. All persons, groups, corporations or agencies desiring party status at the adjudicatory hearing must file a petition for party status which fully complies with the requirements of 6 NYCRR Part 624, particularly 624.4 and 624.5.

ALL FILINGS REQUESTING PARTY STATUS TO PARTICIPATE AT THE ADJUDICATORY HEARING MUST BE RECEIVED BY THE OFFICE OF HEARINGS AND MEDIATION SERVICES AT THE FOLLOWING ADDRESS BY 3:00 P.M. ON SEPTEMBER 10, 2003: KEVIN J. CASUTTO, ADMINISTRATIVE LAW JUDGE, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, OFFICE OF HEARINGS AND MEDIATION SERVICES, 625 BROADWAY, ALBANY, NEW YORK 12233-1550; TELEPHONE (518) 402-9003. All persons filing for party status also must deliver a copy of their filing to Michael Altieri, Esq., New York State Department of Environmental Conservation, Office of General Counsel, 625 Broadway, New York 12233-5500 and Marcella Eckels, Esq., New York City Department of Environmental Protection, 59-17 Junction Boulevard, Flushing, New York 11373-5108, to be received by September 10, 2003.

DOCUMENT AVAILABILITY: All filed permit modification documents, including proposed modified permits and fact sheets, are available for inspection at the following locations:

1. The New York State Department of Environmental Conservation, Region 2 Headquarters, One Hunter's Point Plaza, 47-40 Twenty-First Street, Long Island City, New York 11101-5407 [Contact: Steven Watts, 718-482-4997].

2. The New York State Department of Environmental Conservation, Office of Hearings and Mediation Services at the address indicated above [Contact: Deborah Vachon; Tel: 518-402-9003].

STATUTORY AND REGULATORY PROVISIONS: Environmental Conservation Law Article 1 (General Provisions); Article 3, Title 3 (General Functions); Article 8 (Environmental Quality Review); Article 17 (Water Pollution Control); Article 70 (Uniform Procedures); and pursuant to Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) Part 617 (State Environmental Quality Review); Part 621 (Uniform Procedures); Part 624 (Permit Hearing Procedures) and Chapter X, Article 3 (State Pollutant Discharge Elimination System).

All persons having an interest in this Project are urged to attend the hearing or be represented either individually or collectively.

James T. Mc Clymonds
Chief Administrative Law Judge

Albany, New York
August 5, 2003

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