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Plattsburgh, City of

March 12, 2004

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

APPLICANT: CITY OF PLATTSBURGH, 41 City Hall Place, Plattsburgh, NY 12901

PROJECT APPLICATION NUMBER: DEC 5-0913-00019/00001; SPDES #NY-0026018

PROJECT DESCRIPTION AND LOCATION: On May 1, 2003, Staff of the Department of Environmental Conservation ("DEC Staff") made a determination, in accordance with its Environmental Benefit Permit Strategy, to modify the State Pollutant Discharge Elimination System ("SPDES") permit for the City of Plattsburgh's Wastewater Pollution Control Plant. The Wastewater Pollution Control Plant is located at 53 Green Street, Plattsburgh, NY 12901.

The existing permitted facility has a design flow discharge of 16.0 million gallons per day of treated wastewater to the Saranac River, a Class C waterbody, from a secondary treatment plant located at 53 Green Street in the City of Plattsburgh. The permit modifications include: (1) a revised page reflecting the elimination of combined sewer outfalls ("CSOs") 004, 012, 013, and 021, and the addition of CSO 025, (2) a phosphorus limit of 65.5 lbs/day, (3) elimination of effluent limits and monitoring requirements for cadmium, pentachlorophenol, and benzidine because the monitoring results for these parameters have been consistently reported as not detectable in the effluent, (4) modification of the effluent limit for dissolved copper from 17.0 lbs/day to a water-quality-based effluent limit for total copper of 2.4 lbs/day, (5) elimination of the completed compliance schedules for chlorine reduction and the phosphorus removal study, (6) replacement of the annual acute toxicity testing program with a program to be done once every five years, (7) addition of a requirement to develop a Long Term Control Plan for the CSOs, (8) addition of updated Pretreatment Program Implementation Requirements, (9) a revision of the Carbonaceous Biochemical Oxygen Demand ("CBOD5")and Total Suspended Solids ("TSS") limits, (10) elimination of action levels for silver, methylene chloride, toluene, and trichloroethylene because the monitoring results for these parameters have been consistently reported as not detectable in the effluent, and (11) addition of updated Best Management Practices (or Minimum Requirements) for CSOs. The draft permit (SPDES #NY0026018) is available for review by making an appointment with the contact person listed below.

On June 27, 2003, the City requested an administrative hearing on the proposed SPDES permit modification.

PERMIT: DEC Staff seek to modify the City's existing SPDES Permit issued pursuant to Environmental Conservation Law ("ECL") article 17, titles 7 & 8, and title 6 of the New York Codes, Rules and Regulations part 750 et seq.

SEQRA STATUS: The project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was not performed.

NOTICE OF PUBLIC HEARING: In accordance with the provisions of 6 NYCRR parts 617, 621 and 624, a legislative public hearing will be held before Administrative Law Judge P. Nicholas Garlick to receive additional unsworn statements from the public on the proposed permit modification on April 21, 2004 at 7:00 p.m. in the Common Council Chamber of Plattsburgh City Hall, 41 City Hall Place, Plattsburgh, NY, (518) 563-7731. 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 fully accessible to persons with a mobility impairment. Interpreter services shall be made available to deaf persons at no charge upon written request to the ALJ at least 10 days prior to the hearing, pursuant to the State Administrative Procedures Act (SAPA). Written comments will be accepted until 10 days after the close of the hearing.

ISSUES CONFERENCE: A pre-adjudicatory hearing issues conference will be held on April 22, 2004, at 9:30 a.m. in the Common Council Chamber of Plattsburgh City Hall, 41 City Hall Place, Plattsburgh, NY, (518) 563-7731. At the issues conference, the ALJ will determine what issues, if any, require adjudication, and will define the scope of such issues. The purpose of the issues conference will be to define, narrow and resolve, if possible, the issues concerning the proposed permit modification which may be raised. Participation at the issues conference will be limited to the Department Staff, the Permittee and those persons requesting party status pursuant to 6 NYCRR 624.4 and 624.5 in advance of the issues conference. THE ISSUES CONFERENCE MAY BE CANCELLED IF THE PERMITTEE AND DEC STAFF STIPULATE TO ADJUDICABLE ISSUES AND NO PETITIONS FOR PARTY STATUS ARE RECEIVED.

IT IS EXTREMELY IMPORTANT THAT ANY PERSONS REQUESTING PARTY STATUS APPEAR OR BE REPRESENTED AT THE ISSUES CONFERENCE IN ORDER THAT ALL VALID ISSUES MAY BE FULLY DISCUSSED. An adjudicatory hearing will, if necessary, be scheduled following the issues conference.

FILING FOR PARTY STATUS AND PROPOSED ISSUES: To participate at the issues conference, parties must file a written petition requesting party status including the facts intended for presentation pursuant to 6 NYCRR 624.4(c) and 624.5(b). In addition, 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 interests, the statutory considerations relevant to the project, whether the request is for full party status or amicus status, and the precise grounds for opposing or supporting the project. Mere opposition to the project is not a sufficient basis to be granted party status.

If seeking full party status, the petitioner must propose issues that could result in permit denial, major modification of the proposed project or the imposition of significant permit conditions. The petition must identify all statutory and regulatory requirements which may not be met, and explain why. If a party intends to rely upon expert testimony, the petition must also include an offer of proof that specifies the witness(es), the nature of the arguments and other documentary evidence that the party intends to present at the hearing, and the grounds upon which the assertions are based regarding the proposed issues.

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, as required by 6 NYCRR 624.5(b)(3).

Persons having similar interests of concern are encouraged to file as a consolidated party.

All petitions requesting either full party status or amicus status must be received at the DEC Office of Hearings and Mediation Services by APRIL 16, 2004. Electronic filings and service by fax will NOT be accepted. Such filings must be submitted to the following:

1. P. Nicholas Garlick, Administrative Law Judge, NYS DEC Office of Hearings and Mediation Services, 625 Broadway, Albany, New York 12233-1550;

2. Steven Brewer, Esq., Assistant Regional Attorney, NYSDEC Region 5, Route 86 -- P.O. Box 296, Ray Brook, NY 12977; and

3. Robert S. McEwan, Jr. Esq., Nixon Peabody, LLC, Omni Plaza Suite 900, 30 South Pearl Street, Albany, NY 12207-3497,

STATUTORY AND REGULATORY PROVISIONS: Environmental Conservation Law article 1 (General Provisions); article 3, title 3 (General Functions); article 8 (Environmental Quality Review); article 17, titles 7 & 8 (SPDES Permits); article 70 (Uniform Procedures); 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 parts 750 et seq. (SPDES).

STATE HISTORIC PRESERVATION ACT: The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.

DOCUMENT AVAILABILITY: All filed application materials and the DEIS, will be available for public inspection at the following locations:

1) NYS DEC Office of Hearings and Mediation Services, First Floor, 625 Broadway, Albany, New York 12233-1550.

2) NYS DEC Region 5 Headquarters, Route 86 -- P.O. Box 296, Ray Brook, NY 12977.

SUMMARY OF IMPORTANT DATES AND TIMES:

April 16, 2004....................................Deadline for Filing for Party Status
April 21, 2004 at 7:00 p.m................Legislative Public Hearing
April 22, 2004 at 9:30 a.m................Issues Conference

For further information please contact: Denise Wagner or Tom Hall, Environmental Permits, NYSDEC Region 5, Route 86 -- P.O. Box 296, Ray Brook, NY 12977, (518) 897-1237.

James T. McClymonds
Chief Administrative Law Judge

Albany, New York
March 12, 2004

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