NY.gov Portal State Agency Listing Search all of NY.gov
D E C banner
D E C banner

Disclaimer

The New York State Department of Environmental Conservation has added a link to a translation service developed by Microsoft Inc., entitled Bing Translator, as a convenience to visitors to the DEC website who speak languages other than English.

Additional information can be found at DEC's Language Assistance Page.

ENB Region 9 Completed Applications 10/17/2007

Chautauqua County

Applicant:

Kiebler Sewage Services Inc
1405 Old Rd
PO Box 360
Findley Lake, NY 14736 -0360

Facility:

Peek 'n Peak Sewage Treatment Plant
1405 Old Rd
Findley Lake, NY 14736

Application ID:

9-0642-00040/00001

Permit(s) Applied for:

Article 24 Freshwater Wetlands
Article 17 Titles 7 & 8 P/C/I SPDES - Surface Discharge

Project is Located:

French Creek, Chautauqua County


Project Description:

The applicant proposes to modify its existing State Pollutant Discharge Elimination System permit to increase the current discharge from 125,000 gallons per day to 187,500 gallons per day of treated sanitary wastewater to French Creek from the applicant's facility listed above. The applicant also proposes to upgrade the treatment plant by installing an aeration system, sludge filter press, an additional chlorine contact tank and a dechlorination system. The system is being upgraded to facilitate proposed development at the site. The Freshwater Wetland Permit is required for the construction of a portion of the aeration system within the regulated 100-foot wide adjacent area of State regulated Freshwater Wetland CY-2. The portion of the system that will be constructed within the adjacent area is approximately 600 sq. ft. and is located approximately 60 feet from the wetland boundary. The Department has made a tentative determination to issue a permit for a State Pollutant Discharge Elimination System under Article 17 of the Environmental Conservation Law (ECL) and a Freshwater Wetland Permit under Article 24 of the ECL. This tentative determination indicates that the discharge regulated under that statute is considered to satisfy regulatory standards for permit issuance, based on information available to the Department at this time. As a tentative determination, the Department seeks comments on the proposed regulated activity prior to making a final decision on permit issuance. As such, this tentative determination does not signify Department approval for or endorsement of the activity for which a permit is sought or for the overall proposed project. Refer to this application by the application number listed above and SPDES No. 0037028.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of the contact person.

State Environmental Quality Review (SEQR) Determination:

Project is a Type I action and will not have a significant effect on the environment. A coordinated review with other agencies was performed and a Negative Declaration is on file.

SEQR Lead Agency: Chautauqua Co Industrial Dev Agency

State Historic Preservation Act (SHPA) Determination:

Cultural resource lists and map have been checked. No registered, eligible or inventoried archaeological sites or historic structures were identified at the project location. No further review in accordance with SHPA is required.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Nov 16, 2007.

Contact:

Mary E Hohmann
NYSDEC Region 9 Allegany SUB-OFFICE
182 East Union - Suite 3
Allegany, NY 14706
(716)372-6242
r9dep@gw.dec.state.ny.us


Erie County

Applicant:

David McNeight

Facility:

Limericks
6310 Southwestern Blvd
Hamburg, NY 14085

Application ID:

9-1448-00176/00001

Permit(s) Applied for:

Article 17 Titles 7 & 8 P/C/I SPDES - Surface Discharge

Project is Located:

Hamburg, Erie County


Project Description:

The Department has made a tentative determination to approve a five year permit for discharge of up to 2,450 gallons per day of treated wastewater from a septic tank/sand filter system into Buttermilk Falls Creek. The Draft State Pollutant Discharge Elimination System Permit, referenced as SPDES # NY-0258083 is on file at the Region 9, Buffalo office.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of the contact person.

State Environmental Quality Review (SEQR) Determination:

Project is not subject to SEQR because it is a Type II action.

SEQR Lead Agency: None Designated

State Historic Preservation Act (SHPA) Determination:

Cultural resource lists and map have been checked. No registered, eligible or inventoried archaeological sites or historic structures were identified at the project location. No further review in accordance with SHPA is required.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Nov 16, 2007.

Contact:

Denise C Matthews
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
r9dep@gw.dec.state.ny.us


Applicant:

Edwin G Lorenz

Facility:

Lorenz Property
1200 Ransom Rd
Lancaster, NY 14086

Application ID:

9-1452-00277/00001

Permit(s) Applied for:

Section 401 - Clean Water Act Water Quality Certification
Article 15 Title 5 Stream Disturbance

Project is Located:

Lancaster, Erie County


Project Description:

Grading and stabilization of approximately 480 feet of streambank along Ellicott Creek. Rock riprap will be placed along the southern bank with plantings along the top of the graded bank. The project is located west of Ransom Road.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of the contact person.

State Environmental Quality Review (SEQR) Determination:

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.

SEQR Lead Agency: None Designated

State Historic Preservation Act (SHPA) Determination:

A Structural-Archaeological Assessment Form has been completed. The proposed activity will not impact on registered, eligible or inventoried archaeological sites or historic structures.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Nov 02, 2007.

Contact:

Mark F Passuite
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
r9dep@gw.dec.state.ny.us


Applicant:

Town of Tonawanda
2919 Delaware Ave
Buffalo, NY 14217 -2308

Facility:

Sheridan Park Golf Course
2440 Sheridan Dr
Tonawanda, NY 14150

Application ID:

9-1464-00269/00001

Permit(s) Applied for:

Section 401 - Clean Water Act Water Quality Certification
Article 15 Title 5 Stream Disturbance

Project is Located:

Tonawanda, Erie County


Project Description:

Removal and replacement of six existing bridges, removal of one bridge, and construction of one bridge at its former location over Two Mile Creek within the Sheridan Park Golf Course. Several shoal areas within Two Mile Creek are also proposed for removal. In addition, stream bank stabilization measures including repair of undermined and collapsed concrete sandbag banks, sloping and shaping stream banks, and placement of stackable concrete blocks are proposed along Two Mile Creek within the Sheridan Park Golf Course. The Sheridan Park Golf Course is located between Sheridan Drive and the Youngmann Expressway (I-290)


Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of the contact person.

State Environmental Quality Review (SEQR) Determination:

Project is a Type I action and will not have a significant effect on the environment. A coordinated review with other agencies was performed and a Negative Declaration is on file.

SEQR Lead Agency: Tonawanda Town Board

State Historic Preservation Act (SHPA) Determination:

A Structural-Archaeological Assessment Form has been completed. The proposed activity will not impact on registered, eligible or inventoried archaeological sites or historic structures.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Nov 01, 2007.

Contact:

Jeffrey E Dietz
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
r9dep@gw.dec.state.ny.us


Niagara County

Applicant:

CWM Chemical Services Inc
3001 Butterfield Rd
Oak Brook, IL 60521 -1107

Facility:

CWM Chemical Services - Model City Site
1550 Balmer Rd
Model City, NY 14107

Application ID:

9-2934-00022/00049

Permit(s) Applied for:

Article 17 Titles 7 & 8 Industrial SPDES - Surface Discharge

Project is Located:

Porter, Niagara County


Project Description:

The New York State Department of Environmental Conservation (NYSDEC) is pursuing a Department Initiated Modification (DIM) to the State Pollutant Discharge Elimination System (SPDES) Permit (NY007 2061, DEC Identification #: 9-2934-00022/00049), CWM Chemical Services, LLC facility in Niagara County, pursuant to 6 NYCRR Part 750-1.18, New York State's Environmental Benefit Permit Strategy (EBPS). The changes to the permit are as follows: Outfall 001 - Treated Process Wastewater Discharge from Facultative Pond ("Fac Pond") to Niagara River - Approximately 35 inorganic and organic parameters are proposed to have their concentration limits reduced to reflect statistically-based actual discharge concentrations, using 3 recent years of discharge data. The Daily Minimum for Dissolved Oxygen is proposed to be increased from 2.0 mg/l to 6.0 mg/l, to reflect statistically-based actual discharge concentrations. Total Mercury monitoring is proposed to require EPA Method 1631 (significantly more sensitive than the present analytical method) and the limit is proposed to be reduced from 2000 ng/l Daily Maximum (DM) to 30 ng/l DM, due to receiving water quality considerations. One Volatile Organic Analyte (VOA) and ten Semi-Volatile Organic Analytes (SVOAs) are proposed to be deleted as individual listings in the permit, since these compounds are included in the respective analytical scan analyses (EPA Method 624 and EPA Method 625) required in the permit. Most or all of these analyses will effectively have their limits reduced to 10 µg/l DM set in the permit for the general limit for scan analyses. Outfalls 01A and 01B - New Internal Outfalls for Treated Process Wastewater Discharge to Fac Pond - Two new internal outfalls are proposed to be added to the permit to incorporate requirements specified in USEPA regulations 40 CFR Part 437 - The Centralized Waste Treatment Point Source Category, as published in the December 22, 2000 Federal Register, Vol. 65, No. 247. These regulations (referred to as ?CWT?) specify criteria for facilities which accept and treat metals, oils, and organic wastestreams, either separately or in any combination, and are intended to prevent any facility which treats multiple wastestreams from meeting the criteria through dilution of one wastestream with another wastestream. The specific areas which apply are Subchapter A - "Metals" Category at newly-proposed internal Outfall 01B, and Subchapter D - "Oils and Organics" Multiple Wastestream Category at newly-proposed internal Outfall 01A. The respective CWT regulatory criteria must be met at these outfalls. These criteria do not relate in any way to the existing requirements for prequalification testing and limits thereof, which have always been required for the once/year SPDES discharge from a Fac Pond to the Niagara River. In addition to the CWT monitoring requirements, four Bioaccumulative Chemicals of Concern (BCCs) are proposed to be monitored at Outfall 01A to determine their concentrations, if present, without the potential for dilution from precipitation in the Fac Pond. These include Dioxins/Furans and Organochlorine Pesticides (detected during special monitoring) PCB Aroclors, and Total Mercury. Outfall 002 - Storm Water Discharge to Tributary of Four Mile Creek - One parameter (Specific Conductance) is proposed for deletion since its function as an indicator parameter for the presence of PCBs is not chemically valid. Two metallic parameters are proposed to have their limits reduced -- one to reflect statistically-based actual discharge concentrations and one to reflect receiving water quality requirements. One new SVOA is proposed for addition to the permit because it was detected during special monitoring. Two VOAs are proposed to be deleted as individually-listed parameters because they are included as part of the required EPA Method 624 scan analyses. Outfalls 02A, 02B, 02C - New Internal Outfalls for Storm Water Discharge to Outfall 002 - Three new internal outfalls are proposed to be added to the permit for increased storm water quality control. All of these proposed outfalls are downgradient of known contaminated site areas and upstream of existing SPDES Outfall 002, which along with Outfall 003, has a history of PCB detections. PCBs are hydrophobic and known to adsorb to solid materials such as particulates, in water. Additionally, pesticides have recently been detected in upgradient surface and ground water samples during special monitoring. These newly-proposed internal outfalls will provide a more accurate characterization of the storm water quality since they are closer to the potential sources of contaminants and, if present, will not have their concentrations reduced through dilution from precipitation. The parameters which would be required to be monitored are Flow, Solids, PCB Aroclors, and Organochlorine Pesticides. Outfall 003 - Storm Water Discharge to Tributary of Four Mile Creek - One parameter (Specific Conductance) is proposed for deletion since its function as an indicator parameter for the presence of PCBs is not chemically valid. One metallic parameter is proposed to have its limits reduced to reflect receiving water quality requirements. One new SVOA is proposed for addition to the permit because it was detected during special monitoring. Two VOAs are proposed to be deleted as individually-listed parameters because they are included as part of the required EPA Method 624 scan analyses. Outfall 004 - Storm Water Discharge to Tributary of Twelvemile Creek - One parameter (Specific Conductance) is proposed for deletion since its function as an indicator parameter for the presence of PCBs is not chemically valid. One metallic parameter is proposed to have its limits reduced to reflect receiving water quality requirements and statistically-based actual discharge concentrations, and another metallic parameter is proposed to be converted from an Action Level to a limit with a reduced DM concentration. Two VOAs are proposed to be deleted as an individually-listed parameter because they are included as part of the required EPA Method 624 scan analyses. Citizen's Review Board (CRB) - This citizen's group was created in 1981 for the purpose of collecting samples and having independent analyses performed on treated process wastewater which was to be discharged to the Niagara River. The reason that the option for independent analyses existed was because in 1981, the permittee performed its own chemical analyses onsite. In 1984 New York State promulgated the Environmental Laboratories Approval Program (ELAP), administered through the New York State Department of Health (NYSDOH). Every laboratory which is ELAP-certified undergoes an annual NYSDOH audit to ensure that its protocols and procedures meet with USEPA and other methodology requirements. The CRB ceased to function in the mid-1980s. Because the permittee is ELAP-certified for Metals and VOA analyses, and sends samples offsite to certified labs for PCBs, SVOAs, and other analyses for which it is not certified, there is presently no need for additional verification of monitoring results. It is also noted that all monitoring results, including laboratory QA/QC procedures, are available for public review. Therefore, the CRB is proposed for deletion from the SPDES permit. Pollutant Minimization Plans - A Pollutant Minimization Plan (PMP) is included in any SPDES permit where the permit limit for a given substance is greater than the calculated water quality based effluent limit (WQBEL). In the case of Total Mercury and PCBs, the WQBEL is equal to the ambient standard for the classification of the receiving water. A PMP requires a permittee to develop a plan for on-going contaminant source identification, periodic monitoring, a schedule for submitting a control strategy, optimization of treatment systems, and submission of an annual report.
The modification also includes several other minor reporting modifications. CWM Chemcial Services, LLC facility has one treated process wastewater surface discharge to the Niagara River (Class A-Special) and three stormwater discharges to Four Mile Creek and Twelvemile Creek (Class C). Additional information including the current permit, renewal application, and supporting documentation may be obtained from or inspected at the DEC central office in Albany. DEC seeks comments on the proposed regulated activity prior to making a final decision on permit issuance. Substantive comments on the permit or requests for hearing or both must be submitted in writing to the contact person.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of the contact person.

State Environmental Quality Review (SEQR) Determination:

Project is not subject to SEQR because it is a Type II action.

SEQR Lead Agency: None Designated

State Historic Preservation Act (SHPA) Determination:

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.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Nov 16, 2007.

Contact:

Teresa Diehsner
NYSDEC Headquarters
625 Broadway
Albany, NY 12233
(518)402-9167
depprmt@gw.dec.state.ny.us


  • Contact for this Page
  • Division of Environmental Permits
    625 Broadway, 4th Floor
    Albany, NY 12233-1750
    518-402-9167
    Send us an email
  • This Page Covers
  • Page applies to all NYS regions