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ENB - Statewide Notices 11/4/2015

Public Notice

Pursuant to the Environmental Conservation Law sections 13-0307 and 13-0319, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Emergency Adoption and Proposed Rule Making to amend 6 NYCRR Part 41 pertaining to the Sanitary Condition of Shellfish Lands.

Portions of these shellfish lands do not meet the bacteriological water quality standards for certified shellfish lands. Shellfish harvested from areas that do not meet the bacteriological standards for certified shellfish lands have an increased potential to cause illness in shellfish consumers.

These areas affected include: Mount Sinai Harbor (Town of Brookhaven); Long Island Sound (Towns of Brookhaven and Riverhead); Great Peconic Bay (Towns of Southold and Riverhead); Patchogue Bay (Towns of Brookhaven and Islip); Cold Spring Harbor (Towns of Huntington and Oyster Bay); Stony Brook Harbor (Towns of Brookhaven and Smithtown); Shinnecock Bay (Town of Southampton); and Acabonac Harbor (Town of East Hampton). This notice will be published in issue 44 of the State Register, dated November 4, 2015.

For further information, please contact:

Matthew Richards
NYS DEC - Division of Fish, Wildlife and Marine Resources
Bureau of Marine Resources
Shellfish Growing Area Certification Unit
205 North Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Phone: (631) 444-0491
E-mail: matt.richards@dec.ny,gov

Notice of Adoption - Amendments to Water Quality Standards Regulations

Effective November 4, 2015, the New York State Department of Environmental Conservation (NYS DEC) adopted amendments to Parts 701 and 703 of Title 6 of the Official Compilation of Codes, Rules, and Regulations of the State of New York (6NYCRR). These amendments require that the quality of Class I and Class SD saline surface waters be suitable for primary contact recreation, such as swimming. The amendments also establish standards for total and fecal coliforms, to protect waters for such recreation. This rulemaking was necessary to meet the "swimmable" goal of the federal Clean Water Act.

This rulemaking was proposed on December 3, 2014. The public comment period was open from December 3, 2014 to March 16, 2015, and a Public Hearing was held in New York City (where most of the Class I and Class SD waters are located) on March 9, 2015.

A summary of the Assessment of Public Comment, the full Assessment of Public Comment, and the text of the final rule and related documents are available on NYS DEC website at: or by contacting Robert Simson, NYS DEC - Division of Water, 625 Broadway, Albany, NY 12233-3500 or at or via telephone at (518) 402-8233.

Contact: Robert Simson, NYS DEC - Division of Water, 625 Broadway, Albany, NY 12233-3500, Phone: (518) 402-8233, E-mail:

Notice of Issuance of New Environmental Monitoring Services Policy

The New York State Department of Environmental Conservation (NYS DEC) issued an updated Commissioner's Policy related to the agency's use of environmental monitors. Environmental monitors are individuals who administer compliance monitoring for regulated facilities and activities needing additional oversight, and this updated Policy clarifies instances when they should be used by NYS DEC.

The Policy outlines four specific criteria for NYS DEC to use in determining whether environmental monitors will be used: where environmental monitoring is required by law, where there are concerns with the compliance history of the regulated entity, where past practices at the facility have resulted in conditions that pose a significant threat, and where NYS DEC determines the regulated facility, site or activity needs additional oversight due to exceptional circumstances.

The Policy also outlines three methods in which environmental monitoring services will be provided: by qualified NYS DEC employees; by qualified individuals who are employed by another governmental agency approved by NYS DEC, operating under NYS DEC supervision; or by qualified entities whose services are directly contracted by NYS DEC, operating under NYS DEC supervision.

Certain types of facilities, sites and regulated activities have the potential to increase risk to public health or the environment if appropriate laws and regulations are not properly implemented or enforced. This new policy will ensure the New York State has the right tools to monitor compliance and require modifications to protect public health and the environment.

A copy of the Commissioner's Policy may be found on the NYS DEC website at: or can also be obtained by writing Kim Farrow, NYS DEC - Division of Materials Management.

Contact: Kim Farrow, NYS DEC - Division of Materials Management, 625 Broadway, Albany, NY 12233-7260, Phone: (518) 402-8678.

New York State Department of Environmental Conservation (NYS DEC) to Recognize Seven Innovative Programs Working to Sustain New York State's Natural Resources and Strengthen Its Economy

Registration Required to Attend Annual Environmental Excellence Awards Ceremony

NYS DEC will recognize seven organizations for their innovative programs and commitment to environmental sustainability, social responsibility and economic viability at NYS DEC's upcoming 12th Annual Environmental Excellence Awards ceremony. The event will take place at the Colleges of Nanoscale Science and Engineering, SUNY Polytechnic Institute's NanoFab South Rotunda and Auditorium in Albany at 10:00 a.m. on Tuesday, November 17, 2015.

The event will showcase organizations with outstanding innovative and sustainable projects or programs that are improving and protecting New York State's environmental resources and contributing to a stronger economy. This year's award recipients include a national sports league reducing its environmental footprint and engaging fans and supporters in environmental stewardships, a large convention center's sustainable transformation and a small Adirondack preserve's high-tech approaches to climate change research and monitoring.

The event will also include an update about the Colleges of Nanoscale Science and Engineering at SUNY Polytechnic Institute's role in building New York's innovation-driven economy as a global leader in high-tech education, research and development.

Following the awards ceremony, there will be a tour of the University at Albany. The University, an award recipient in 2011, continues to demonstrate its environmental leadership by implementing a multi-faceted sustainability program that is reducing energy consumption, increasing energy efficiency, promoting alternative energy and involving the entire campus community in environmentally responsible actions.

The awards ceremony and the tour are open to the public, however, space is limited and those wishing to attend must pre-register:

NYS DEC established the Environmental Excellence Award in 2004 to recognize and give visibility to selected businesses, schools, municipalities, governments and not-for-profit organizations achieving outstanding environmental sustainability, social responsibility and economic viability. Since then, NYS DEC has recognized 66 organizations.

For more information about the awards ceremony, contact NYS DEC at: or (518) 402-9167. To pre-register for the event and the tour of University at Albany, go to Eventbrite website: Space is limited.

Contact: Marna Posluszny, NYS DEC - Division of Environmental Permits and Pollution Prevention, 625 Broadway, Albany, NY 12233-1750, Phone: (518) 402-9469, Fax: (518) 402-9168, E-mail:

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