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ENB Region 9 Completed Applications 04/08/2009

Erie County


Erie County
95 Franklin St
Buffalo, NY 14202 -3904


Erie County Sewer District No 6
260 Lehigh AVE|NE Corner of Willmuth & Well Sts
Lackawanna, NY 14218

Application ID:


Permit(s) Applied for:

Article 17 Titles 7 & 8 Municipal SPDES - Surface Discharge

Project is Located:

Lackawanna, Erie County

Project Description:

The New York State Department of Environmental Conservation (NYSDEC) is pursuing a Department Initiated Modification (DIM) and renewal to the State Pollutant Discharge Elimination System (SPDES) Permit NY 002 2136 pursuant to 6 NYCRR Part 750-1.18, NYS's Environmental Benefit Permit Strategy (EBPS). As a result of comments received by the permittee, this is a renotice of the Notice of Intent to Modify published in the Environmental Notice Bulletin on 10/3/07.

The changes to the permit are as follows: (1) Flow bypassed from secondary treatment and secondary settling tanks is assigned as a new Outfall 004, (2) Interim percentage removals for TSS and BOD5 at Outfall 001 are 70% based on Discharge Monitoring Report data with final percentage removals limits of 85 % to comply with the secondary treatment requirements of 40CFR133, (3) Draft permit limits for ammonia nitrogen and total residual chlorine have been reduced based on water quality evaluation. Schedule of compliance requirements for an ammonia nitrogen study and a total residual chlorine study are required for the permittee to submit engineering reports in order to comply with the final limits, (4) Inclusion of mercury minimization program, (5) Permit limits, levels and monitoring for overflow retention facility (outfall 003) are provided. Interim percentage removal for TSS and BOD5 at Outfall 003 are "monitor" with final percentage removal limits of 85% to comply with the secondary treatment requirements of 40CFR133, (6) Capacity, management, operation and maintenance (CMOM) program, infiltration/inflow and sewer system evaluation survey, and no feasible alternative analysis are required for facility with sanitary sewer overflows (SSOs), (7) submission of a detailed wet weather operating plan, and (8) submission of an Overflow retention facility study to assess water quality impact to the receiving water. The modification also includes several other minor reporting modifications. The facility has surface discharge into Smokes Creek, a class C water.

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:

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 located in a Coastal Management area and is 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 May 08, 2009.


Teresa Diehsner
NYSDEC Headquarters
625 Broadway
Albany, NY 12233

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