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ENB - Statewide Notices 7/15/2015

Public Notice

Final New York State Aquatic Invasive Species Management Plan

Aquatic invasive species (AIS) threaten the ecology of New York's freshwater resources and can harm water-based recreational and commercial uses to the point that they impact local economies. New York is particularly vulnerable to AIS due to its vast marine and freshwater resources, major commercial ports and the easy access that ocean-going vessels have to the Great Lakes via the State's canal system. Managing an infestation is extremely costly, so prevention is the most cost effective strategy.

The goal of this plan is to prevent the spread of aquatic invasive species in New York State. This will be accomplished through the completion of over 50 actions concerning the prevention, detection and response to AIS. Although the plan is directed at New York State's fresh waters, many of the actions called for in the plan will be beneficial in addressing this issue for marine and coastal portions of the state. A draft plan was completed, and notice of its availability for public comment from October 29 - December 12, 2014 appeared in the October 29, 2014 issue of the Environmental Notices Bulletin. Comments were received from the general public and from individuals representing organizations.

Nearly 300 comments were addressed in the Responsiveness Summary which is included as an appendix to the plan, priority actions identified in the plan include:

  • Expanding the boat launch steward program and ensuring consistency of these programs statewide.
  • Developing an AIS response framework to guide decision-making when AIS are detected, and communicate the reasoning for the response selected.
  • Implementing an AIS public awareness campaign and evaluating its effectiveness in reaching target audiences.
  • Expanding the use of AIS disposal stations at waterway access sites.
  • Creating regional "First Responder" AIS teams to incorporate local expertise in planning and implementing appropriate responses to AIS.
  • Identifying and evaluating the risks associated with various pathways for AIS introduction and movement within New York.

The final plan is available at: www.dec.ny.gov/animals/99053.html.

Contact: Phil Hulbert, New York State Department of Environmental Conservation - Division of Fish, Wildlife and Marine Resources, Bureau of Fisheries, 625 Broadway, Albany, NY 12233-4753, Phone: (518) 402-8890.


Data Solicitation for 2016 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, 2016. 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. New York State is currently soliciting and accepting water quality data and information that may be useful in compiling the 2016 Section 303(d) List.

Background: The water quality assessment of New York State's waters is a continuous process. Participation and input from a wide range of state, federal and local agencies and non-governmental water quality partners (watershed groups, lake associations, academic researchers, etc.) is encouraged. New York State Department of Environmental Conservation (NYS DEC) is able to effectively manage the statewide assessment process by focusing the effort on a limited number of specific drainage basins each year. Concentrating on a few basins each year allows NYS DEC to provide ample opportunity for the extensive list of interested groups to provide input and allows for a thorough evaluation of all available data.

Every two years, corresponding to the development of the State's Section 303(d) List, the public is solicited to provide water quality data and information for any waterbody (any basin). This allows for a more comprehensive updating of the List. Some of the solicited data and information may result in changes to the List; other data, it may be determined, will have no impact on the pending List, but will be incorporated into subsequent water quality assessments. Some of the data and information received during the solicitation may not be sufficiently conclusive to make a definitive impairment determination and use of this data and information may also be deferred until the more complete assessment of the corresponding basin is conducted.

In order to be included for consideration in the compiling of the 2016 CWA Section 303(d) List, data and information must be received by September 30, 2015. 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 the United States Environmental Protection Agency (US EPA) by April 1, 2016.

Data submissions should be accompanied by a completed Waterbody Inventory/Priority Waterbodies List (WI/PWL) Assessment Worksheet (PDF) (214.64 KB) which may also be found at: http://www.dec.ny.gov/chemical/36730.html. This worksheet allows for the capture of water quality information based on available data, or based on general observation of conditions and/or local knowledge of designated use support/non support of a waterbody absent specific (numeric) monitoring data. Worksheet information can also be obtained by contacting Sarah Rickard at the NYS DEC - Division of Water, 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, supporting water quality monitoring data, a copy of the corresponding Quality Assurance/Quality Control (QA/QC), QA/QC results summary and a description of measures used in the collection of data should sent to the address above, or forwarded via e-mail to: 4pwlinfo@gw.dec.state.ny.us.

Guidance regarding the use of water quality data and information to conduct assessment and make listing decisions is outlined in the New York State Consolidated Assessment and Listing Methodology. These methodologies are available for review and NYS DEC will accept public comment on these documents throughout the 2016 Section 303(d) List development process. Additional information regarding Section 303(d) List development, including the Consolidated Assessment and Listing Methodology can be found on the NYS DEC website at: http://www.dec.ny.gov/chemical/31290.html.

For questions regarding the information in this notice please contact: Sarah Rickard, NYS DEC - Division of Water, 625 Broadway, Albany, NY 12233, Phone: (518) 402-8179, E-mail: 4pwlinfo@gw.dec.state.ny.us.


Draft Amendment No. 5 to the Drinking Water State Revolving Fund Federal Fiscal Year (FFY) 2015 Intended Use Plan

FFY 2015 Intended Use Plan Annual List Project Amendment:

DWSRF#18105- Sinclairville (V), Chautauqua County - The project cost listed in the Intended Use Plan (IUP) is amended from $5,000,000 to $7,416,080 to reflect the project's recently revised cost estimates. The increase being made available will be in the form of a financing which will be repaid back to the program.

The New York State Department of Health (NYS DOH) has determined that the amendment is necessary, reasonable, and in the interest of protecting public health. The project amendment will not adversely affect any project on the IUP Project Annual List above the subsidized funding line. Except as noted above, there are no other changes to the IUP as a result of this Amendment No. 5 of the FFY 2015 IUP.

Public Review and Comment on Draft Amendment No. 5

NYS DOH will accept comments on Amendment No. 5 to the FFY 2015 DWSRF IUP by mail, fax or email until 5:00 p.m. EST on Wednesday July 29, 2015.

Comments should be addressed to:

Michael Montysko
NYS DOH - Bureau of Water Supply Protection
Corning Tower Room 1135
Empire State Plaza
Albany, NY 12237
Fax: 518-402-7599
Or by email to: bpwsp@health.ny.gov (If sent by email please reference "IUP Amendment Comment" in the subject line)


Clean Water State Revolving Fund (CWSRF) for Water Pollution Control
Drinking Water State Revolving Fund (DWSRF)

Draft 2016 Intended Use Plans (IUPs)
Anticipated Funds Available; Project Priority Lists; Eligible Projects; Public Hearing; Webinar; Comments; Applications

The New York State Environmental Facilities Corporation (NYS EFC), the New York State Department of Environmental Conservation (NYS DEC) and the New York State Department of Health (NYS DOH) are pleased to announce the availability of the draft Federal Fiscal Year (FFY) 2016 Intended Use Plans (IUP) for the Clean Water State Revolving Fund (CWSRF); and the Drinking Water State Revolving Fund (DWSRF). The CWSRF and DWSRF programs are available to municipalities and certain non-municipal entities in New York State to finance water quality and drinking water related projects.

NYS EFC estimates that approximately $520.1 million will be available for subsidized financing for the CWSRF during FFY 2016. This includes an estimated federal capitalization grant amount of $100 million.

NYS DOH will receive an estimated $36.3 million DWSRF federal capitalization grant of which a maximum of $7.27 million may be made available for eligible hardship projects as additional subsidization as hardship grants. A specific breakdown of the DWSRF sources and uses will be included in the Draft IUP.

The IUPs include lists of projects that could receive reduced-interest subsidized and unsubsidized financing between October 1, 2015 and September 30, 2016, the next IUP financing period. The interest rate for subsidized financings is reduced by 50% (CWSRF) or 33.3% (DWSRF) of the market rate for bonds. Please visit NYS EFC's website at: www.efc.ny.gov for more information.

Eligible Projects:

CWSRF - Municipal water pollution control projects eligible for CWSRF reduced interest subsidized and unsubsidized financing under Section 212 of the Clean Water Act (CWA) include, but are not limited to: wastewater treatment facilities and conveyance systems; combined sewer overflow abatement facilities; stormwater pollution abatement; energy efficiency initiatives; system security measures; water conservation, reuse and recycling systems; and other municipally-owned projects or portions of projects that maintain, protect or improve water quality.

Municipal and non-municipal entities may apply for CWSRF assistance for non-point source projects that protect water quality under CWA Section 319 or implement an approved National Estuary Plan under CWA Section 320. Projects eligible for CWSRF reduced interest subsidized and unsubsidized financing include, but are not limited to: green infrastructure; land acquisition or conservation easements for water quality protection, including wellhead protection; brownfield remediation; contaminated soil and storage tank remediation; water quality aspects of landfills such as landfill leachate collection, storage and treatment, landfill gas collection and control, and landfill capping; stormwater management facilities and equipment; wetland and waterbody restoration; highway deicing materials storage; deficient or failing decentralized septic systems; or other non-point source projects to maintain, protect or improve water quality under Section 319.

DWSRF - Drinking water systems eligible for DWSRF reduced interest subsidized and non-subsidized financing are: municipal and privately-owned community water systems and non-profit, non-community water systems. Municipally-owned water systems are also eligible for reduced interest unsubsidized financing. Projects eligible for DWSRF financing include: construction, rehabilitation, and upgrading of water treatment plants; transmission and distribution mains; storage facilities; pump stations; interconnections; rehabilitation or development of new drinking water sources; consolidation of water supply services; upgrades to existing water systems; energy efficiency initiatives; and capital investments to improve security of drinking water systems.

Intended Use Plans AND Project Listing:

Eligible entities interested in financing one or more projects not currently listed in the draft CWSRF IUP or draft DWSRF IUP should submit the appropriate IUP project listing information as soon as possible but no later than Friday, September 4, 2015 as provided below. For assistance with the IUP listing process, please call the NYS EFC contact as listed at the end of this notice.

For CWSRF new projects, an applicant will need to provide a CWSRF Project Listing Form, an approvable engineering report or technical report, an executed engineering agreement for planning services (if those services are expected to be financed with the project), and a Smart Growth Assessment Form to NYS EFC as soon as possible but no later than September 4, 2015 to be listed for financing of projects on the Annual List of the final CWSRF IUP. NYS EFC uses a web-based portal for listing projects (Project Listing and Update System - PLUS) that can be accessed at: http://plus.efc.ny.gov/

For DWSRF projects, an applicant will need to provide a DWSRF Listing Form and an engineering report or plans and specifications to the NYS DOH by Friday, September 4, 2015, or have completed construction, to be included on the Annual List in the final DWSRF IUP.

A notice regarding the availability of the draft IUP will be e-mailed to municipal applicants, system owners, financial advisors, consulting firms, and other interested parties. The draft CWSRF IUP will also be available on the NYS EFC website at: www.efc.ny.gov. The DWSRF IUP will also be available on the NYS DOH website at www.health.state.ny.us (click on the "Topics A to Z" button, "Drinking Water", and "Drinking Water State Revolving Fund").

Public Meeting and Hearing:

A joint public meeting and hearing to review the draft FFY 2016 CWSRF IUP and DWSRF IUP will be held on Wednesday, August 19, 2015 at 3:00 p.m. in the Stedman Room of the William K. Sanford Town Library in the Town of Colonie, Albany County. The Library is located at 629 Albany Shaker Road, approximately ¼ mile east of Exit 4 off I-87. Pre-registration is not required. Reasonable accommodations will be provided for disabled persons if requested in advance.

Due Date for Comments:

Written comments on the draft IUPs must be submitted prior to the September 4, 2015 deadline.

CWSRF Program:

Submit comments by: Friday, September 4, 2015

Submit comments to: Timothy P. Burns
NYS EFC - Division of Engineering and Program Management
625 Broadway
Albany, New York 12207-2997
FAX: (518) 402-7456
E-mail: iupcomments@efc.ny.gov

DWSRF Program:

Submit comments by: Friday, September 4, 2015

Submit comments to: Michael Montysko
NYS DOH - Bureau of Water Supply Protection
Empire State Plaza
Corning Tower Room 1135
Albany, New York 12237
Fax: (518) 402-7659
E-mail: bpwsp@health.ny.gov(if sent by email put Draft IUP comment in the subject line)

WEBINAR:

NYS EFC and NYS DOH will host a webinar to review the draft FFY 2014 CWSRF and DWSRF IUPs on Wednesday, August 5, 2015 at 10:00 a.m. This event will present an overview of the 2016 CWSRF and DWSRF IUP, as well as an opportunity to answer questions. Log-on instructions for this webinar will be posted on NYS EFC's website at: www.efc.ny.gov.

NYS EFC and NYS DOH Contacts:

For assistance with the IUP listing process, or for information on these SRF programs, please contact:

CWSRF: Dwight Brown
NYS EFC - Division of Engineering and Program Management
625 Broadway
Albany, New York 12207-2997
Phone: (800) 882-9721 or (518) 402-7396
Fax: (518) 402-7456
E-mail: dwight.brown@efc.ny.gov
NYS EFC website: www.efc.ny.gov

DWSRF: Michael Montysko
NYS DOH - Chief of Design, Bureau of Water Supply Protection
Empire State Plaza
Corning Tower Room 1135
Albany, New York 12237
Phone: (800) 458-1158 extension 27650 or (518) 402-7650
Fax: (518) 402-7689
E-mail: mjm07@health.state.ny.us


Clean Water State Revolving Fund (CWSRF) for Water Pollution Control
Drinking Water State Revolving Fund (DWSRF)

New York State Water Infrastructure Improvement Act of 2015

The New York State Environmental Facilities Corporation (NYS EFC) is pleased to announce the availability of grant funding through the New York State Water Infrastructure Improvement Act of 2015 (NYS Water Grant program). Through this Act, NYS EFC has received the grant authority to assist municipalities in funding infrastructure projects for the protection of water quality and public health. Projects funded through the New York State (NYS) Water Grant program shall be awarded to water quality or public health infrastructure projects for:

  • replacement or repair of infrastructure; or
  • compliance with environmental and public health laws and regulations related to water quality

NYS EFC shall consider and give preference to municipalities that meet the hardship criteria and projects that result in the greatest water quality improvement or greatest reduction in serious risk to public health. For wastewater, priority will also be given to projects that mitigate combined sewer and storm sewer overflows as well as for projects that increase system resiliency, protecting wastewater collection and treatment systems from sea level rise and damage from extreme weather.

Municipalities with sewage treatment works (clean water) projects may be eligible for NYS Water Grants up to $5 million or 25% of the project cost after discounting other grant funds. Municipalities with drinking water projects may be eligible for NYS Water Grants up to $2 million or 60% of the total project cost.

The NYS Water Grant program will provide a total of $200 million to both clean water and drinking water projects. For State Fiscal Year (SFY) 2015-2016, $30 million is allocated for clean water projects and $20 million for drinking water projects. Additional grant is expected to be available in SFY 2016-2017 and SFY 2017-2018.

NYS EFC administers the Clean Water State Revolving Fund (CWSRF) and Drinking Water State Revolving Fund (DWSRF) that provide subsidized financial assistance to qualified NYS municipalities. Participation in either the CWSRF or DWSRF programs is not a requirement to receive a NYS Water Grant. However, the low cost financial assistance and one-stop convenience of jointly financing a NYS Water Grant project with assistance through the CWSRF or DWSRF programs is strongly encouraged.

Eligible Projects:

A NYS Water Grant eligible entity is any municipality such as a county, city, town, village, district corporation, county or town improvement district, school district, Indian nation or tribe recognized by the state or the United States with a reservation wholly or partly within the boundaries of New York State, and any public benefit corporation or public authority. (School districts are eligible for NYS Water Grants but are ineligible for CWSRF or DWSRF financial assistance).

Projects eligible for clean water NYS Water Grants will be from one of the three following categories:

  • Projects that qualify for a reduced interest rate financing (Hardship) under the CWSRF program
  • Combined Sewer Overflow (CSO) / Sanitary Sewer Overflow (SSO) Projects
  • Resiliency Projects

Applicants will identify their intended category by submitting a Category Selection Certification Form, which is part of their NYS Water Grant Application.

Projects eligible for drinking water NYS Water Grants will be drinking water infrastructure improvement projects that are defined as eligible by the DWSRF excluding the extending of water service to areas not currently served by public water.

Applications:

NYS Water Grant Application forms and guidance documents are available on the NYS EFC website at: www.efc.ny.gov/NYS/WaterGrants. Applications forms are provided in fillable electronic format. It is expected that documents that supplement a complete application will be required to be submitted. For applicants with projects that are currently listed on either the CWSRF or DWSRF Intended Use Plans (IUP), the application process will be abbreviated. In addition to the application, drinking water projects that are not currently listed on the DWSRF IUP will be required to submit a NYS Water Grant listing form with the New York State Department of Health (NYS DOH) that is available on the NYS EFC website.

Due Date for Applications:

Submit applications by: Friday, September 4, 2015

Submit applications to: NYSWaterGrants@efc.ny.gov

Documents submitted to supplement the application can be submitted through the NYS EFC dropbox.

WEBINAR:

NYS EFC will host a webinar to present and discuss the NYS Water Grant program on Thursday, July 16, 2015, at 10:00 a.m. This event will present an overview of the NYS Water Infrastructure Improvement Act, as well as direction on how to apply for NYS Water Grant funds. There will also be an opportunity to answer questions. Log-on instructions for this webinar will be posted on NYS EFC's website at: www.efc.ny.gov/NYSWaterGrants.

Contacts:

For assistance, please email: NYSWaterGrants@efc.ny.gov

For Clean Water:

Dwight Brown
NYS EFC - Division of Engineering and Program Management
625 Broadway
Albany, New York 12207-2997
Phone: (518) 402-6924
Fax: (518) 402-7456
E-mail: dwight.brown@efc.ny.gov

For Drinking Water:
Michael Montysko
NYS DOH - Bureau of Water Supply Protection
Empire State Plaza
Corning Tower Room 1135
Albany, New York 12237
Phone: (800) 458-1158 extension 27650 or (518) 402-7650
Fax: (518) 402-7689
E-mail: Michael.montysko@health.ny.gov


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