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ENB - Statewide Notices

Public Notice

Data Solicitation for 2008 CWA Section 303(d) List
Section 303(d) of the Federal Clean Water Act (CWA) requires States to compile periodically (every two years) a list of impaired waters that do not meet water quality standards and where designated uses are not fully supported and where a Total Maximum Daily Load (TMDL) plan is necessary to address the impairment. States are scheduled to submit their next Section 303(d) Lists to USEPA by April 1, 2008.

To support the development of the Section 303(d) Lists, States are also required to assemble and evaluate existing and readily available water quality related data and information. The purpose of this notice is to announce the schedule for updating the New York State CWA Section 303(d) List and solicit data and information that may be useful in compiling the list.

The water quality assessment of New York State's waters is a continuous process. Every year waters in 2 or 3 of the 17 drainage basins in the state are scheduled to be re-assessed. This rotating basin approach allows for a re-assessment of water quality of the entire state every 5 years. The assessment of these waters is a public process which includes the participation of a wide range of state, federal and local agencies and non-governmental water quality partners (watershed groups, lake associations, academic researchers, etc.). NYSDEC is able to effectively manage the reassessment process by focusing the effort on specific drainage basins over a five-year period. Concentrating on a few basins each year allows NYSDEC to provide ample opportunity for the extensive list of interested groups to provide input and allows for a thorough evaluation of all available data. In order to maintain an effective and comprehensive review of solicited data and information, it is necessary to establish a cut-off date for the receipt of water quality data and information.

In order to be included for full consideration in the compiling of the 2008 CWA Section 303(d) List, data and information must be received by September 30, 2007. It is not the intent of this cut-off date to exclude additional information. Rather the date is necessary in order to provide adequate time to review data and information, complete water quality assessments, receive and respond to public comment on the assessments, compile a draft Section 303(d) List, public notice the List, and submit a List to USEPA by April 1, 2008.

In order to facilitate the review and inclusion of water quality data and information to be considered in the compiling of the 2008 Section 303(d) List, such submissions should be accompanied by a completed Waterbody Inventory/Priority Waterbodies List Assessment Worksheet. This worksheet allows for the capture of water quality information based on general observation of conditions and/or local knowledge of designated use support/non-support of a waterbody absent specific (numeric) monitoring data. The worksheet and instructions (PDF) (215 KB) for completing it can be found on the NYSDEC website. Worksheet information can also be obtained by contacting the NYSDEC Bureau of Watershed Assessment and Management by mail at 625 Broadway, 4th Floor, Albany, NY 12233-3502, or by phone at 518-402-8179. Completed WI/PWL worksheets and supporting water quality monitoring data should sent to the address above, or forwarded via email to 4pwlinfo@gw.dec.state.ny.us. Water quality data and information should also include a copy of the corresponding Quality Assurance/Quality Control Plan, QA/QC results summary and description of measures used in the collection of the data.

Additional information regarding the NYSDEC Water Quality Assessment Program including the Waterbody Inventory/Priority Waterbodies List can be found on the NYSDEC website at http://www.dec.ny.gov/chemical/23852.html.


Public Notice

Regions 1, 2 and 3

Pursuant to the Environmental Conservation Law, Sections 11-0103, 11-0303, 11-0311, 11-0903, 11-0905, and 11-0909, the Department of Environmental Conservation hereby gives notice of the following:

Notice of proposed rule making for 6 NYCRR Parts 2 and 3 relating to native reptiles and amphibians. This notice will be published in issue 29 of the State Register, dated 7/18/2007.

For further information contact:

Mr. Daniel Rosenblatt
NYS Department of Environmental Conservation
625 Broadway
Albany, NY 12233
Phone: (518) 402-8919
E-mail: dlrosenb@dec.ny.gov


Public Notice

Statewide and Regions 6, 7 and 8

Availability for Comment on Draft TMDLs

This notice announces the availability of a DRAFT Total Maximum Daily Load (TMDL) document proposed by New York State Department of Environmental Conservation to address each of three specific waterbodies:
Moon Lake, Jefferson County
Little Sodus Bay, Cayuga County
Blind Sodus Bay, Wayne County

These are lakes that are impaired by phosphorus. Public comment on these documents will be accepted for 30 days, through August 10, 2007.

BACKGROUND: States are required by Section 303(d) of the Clean Water Act and the U. S. Environmental Protection Agency's (EPA's) implementing regulations (40CFR Part 130) to develop TMDL plans for waterbodies and pollutants where water quality standards are not being met. By definition, a TMDL specifies the allowable pollutant loading from all contributing sources (e.g., point sources, nonpoint sources, and natural background) at a level necessary to attain the applicable water quality standards with seasonal variations and a margin of safety that takes into account any lack of knowledge concerning the relationship between the sources of the pollutant and water quality. In essence, a TMDL defines the assimilative capacity of the waterbody to absorb a pollutant and still meet water quality standards.

The proposed TMDLs for phosphorus rely on current and ongoing stormwater and other nonpoint source reduction efforts to address existing water quality impairments.

INFORMATION: Copies of the proposed draft plans can be obtained by contacting the NYSDEC Bureau of Watershed Assessment and Management by mail at 625 Broadway, 4th Floor, Albany, NY 12233-3502, or by phone at 518-402-8179, or via email at dmwicker@gw.dec.state.ny.us. Comments should be sent, written or via email, to the same addresses. Comments received by COB August 10, 2007 will be considered prior to submitting the final TMDLs to the EPA for approval.


Statewide Public Notice

Final Amendment No. 2 to the FFY 2007 CWSRF Intended Use Plan Additional Funding Availability, Fund Adjustments & Amended Project Priority Lists

The New York State Environmental Facilities Corporation (EFC) and the Department of Environmental Conservation (DEC) announce that the Federal Fiscal Year (FFY) 2007 Intended Use Plan (IUP) for the Clean Water State Revolving Fund (CWSRF) for Water Pollution Control Projects, dated September 2006, is amended.

Amendment No. 2 reflects adjustments to the sources and uses of funds made available for the remaining FFY 2007 IUP financing period through an increase of $42,430,437 in the USEPA CWSRF appropriation to New York State and through project by-passing. These fund adjustments will be used to finance cost increases to projects above the funding lines on the final CWSRF IUP Annual Project Priority Lists; to fund a project above the funding line that was not included on the final IUP Annual List due to an administrative oversight; and, in order of score and to the extent funds are available, to finance contingency projects below the funding lines that submitted CWSRF financing applications by March 1, 2007, the due date referenced in the final IUP.

The comment period for Amendment No. 2 to the 2007 CWSRF IUP remained open until the close of business, Friday, May 25, 2007. Based on additional project cost information EFC received since the draft amendment was prepared, the IUP amounts for nine (9) projects in Category B of the final amended Annual Project Priority List have been increased from the amounts shown in the draft amendment list. No public comments were received that affected projects to be funded in the current IUP financing period or necessitated revision of the amendment. Therefore, Amendment No. 2 is considered final.

The Final Amendment No. 2 to the 2007 CWSRF IUP will be available on the EFC web site at www.nysefc.org (click on "Programs", then "Clean Water State Revolving Fund", then "IUP and Amendments"). Copies of Final Amendment No. 2 can also be requested by calling the EFC toll-free line at (800) 882-9721 or at (518) 402-7433.


Notice of Public Hearing

New York State Environmental Facilities Corporation

NOTICE IS HEREBY GIVEN that the New York State Environmental Facilities Corporation ("EFC") will hold a public hearing on July 25, 2007 at 2:00 p.m. at 625 Broadway, 7th Floor, Albany, New York in the EFC Board Room to consider the issuance of special obligation bonds (the "Bonds") under the New York State Environmental Facilities Corporation Act.

The New York State Environmental Facilities Corporation is empowered under the New York State Environmental Facilities Corporation Act, as amended, to issue tax exempt, special obligation revenue bonds and notes to finance solid waste disposal, pollution control, water management and certain other facilities.

The Bonds are proposed to be issued to finance the costs of improvements to solid waste landfill facilities and solid waste transfer and hauling facilities, and the purchase of machinery and equipment, at the following locations: (with the maximum amount of bonds to be expected to be spent at each such location as set forth below)

  • Varick II Transfer Station, located at 123 Varick Avenue, Brooklyn, New York (Kings County), owned and operated by Waste Management of New York, L.L.C., a wholly owned subsidiary of Waste Management of New Jersey, Inc. - Four Million Two Hundred Seventy-Four Thousand Nine Hundred Twenty Seven Dollars ($4,274,927)
  • Chaffee Landfill, located at 10860 Olean Road, Chaffee, New York (Erie County), owned and operated by C.I.D. Landfill, Inc. a wholly owned subsidiary of Waste Management of New York, L.L.C., a wholly owned subsidiary of Waste Management of New Jersey, Inc. - Sixteen Million Eight Thousand Dollars ($16,008,000)
  • WM of Eastern New York Hauling, located at 100 Boat Street, Albany, New York (Albany County), owned and operated by Waste Management of New York, L.L.C., a wholly owned subsidiary of Waste Management of New Jersey, Inc. - Three Million Eight Hundred Ninety-Five Thousand Four Hundred Twenty-Three Dollars ($3,895,423)
  • Varick I Transfer Station, located at 215 Varick Avenue, Brooklyn, New York (Kings County), owned and operated by Waste Management of New York, L.L.C., a wholly owned subsidiary of Waste Management of New Jersey, Inc. - Two Million Two Thousand Nine Hundred Seventy-Six Dollars ($2,002,976)
  • High Acres Landfill, located at 425 Perinton Parkway, Fairport, New York (Monroe County), owned and operated by Waste Management of New York, L.L.C., a wholly owned subsidiary of Waste Management of New Jersey, Inc. - Eleven Million One Hundred Seventy-Seven Thousand Eight Hundred Thirty-Five Dollars ($11,177,835)
  • Harlem River Yard Transfer Station, located at 98 Lincoln Avenue, Bronx, New York (Bronx County), owned and operated by USA Waste Services of NYC, Inc., a wholly owned subsidiary of Waste Management of New Jersey, Inc. - Twenty-Two Million Six Hundred Forty Thousand Eight Hundred and Forty Dollars ($22,640,840)

The aggregate face amount of the Bonds to be issued will not exceed Sixty Million Dollars ($60,000,000).

The Bonds to be issued by EFC will be special obligations of EFC payable solely from the revenues pledged to the payment thereof, and will not be a general obligation of, or be secured by, the taxing power of the State of New York. The Bonds will be paid solely from revenues pledged to the payment thereof, consisting of the repayments to be received from Waste Management of New Jersey, Inc. under a loan agreement and from Waste Management, Inc., the indirect owner of all outstanding capital stock of Waste Management of New Jersey, Inc., pursuant to its guaranty of the repayment obligations under such loan agreement.

All persons, organizations, corporations or government agencies desiring to submit comments at the hearing will be provided an opportunity to do so. Written comments can be submitted prior to the hearing to: James R. Levine, Esq., Senior Vice President and General Counsel, New York State Environmental Facilities Corporation, 625 Broadway, 7th Floor, Albany, New York 12207-2997.


Negative Declaration


All counties or portions of counties within the Adirondack Park - The Adirondack Park Agency, as lead agency, has determined that the proposed Guidelines For Implementing Best Management Practices for the Control of Terrestrial Invasive Plant Species on Forest Preserve Lands in the Adirondack Park will not have a significant adverse environmental impact. In April 2006, these guidelines were noticed under a different title. A negative declaration was issued in April 2006. After the 2006 comment period the Agency approved the action in May 2006. Since then, in addition to the title change, other background information relating to justification for the action under Article XIV of the State Constitution has been developed as well as a specific commitment to public notification prior to issuance of Adopt A Natural Resource agreements. These changes also responded to a single set of comments received after the notification and adoption in 2006. The Guidelines are available on the APA's website at www.apa.state.ny.us. The project is located on all State Land units within the boundary of the Adirondack Park.

Contact: Daniel M. Spada, Box 99, Ray Brook, NY 12977, Phone: (518) 891-4050.


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