Department of Environmental Conservation

D E C banner

ENB - Statewide Notices 8/9/2017

Public Notice

Notice of Availability of Final Revised Program Policy for Brownfield Cleanup Program Applications and Agreements (DER-32)

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) has issued revisions to Program Policy DER-32, Brownfield Cleanup Program Applications and Agreements, which provides guidance on the application process and the general terms and conditions for the Brownfield Cleanup Agreements (BCAs) under NYS DEC's Brownfield Cleanup Program (BCP). This policy also provides guidance on the process to amend and terminate a BCA. The procedures in this policy are intended for the use and guidance of both DEC staff and those seeking to participate in the BCP.

Environmental Conservation Law (ECL) Article 27, Title 14 (BCP Law) establishes the BCP, sets forth application provisions, and requires NYS DEC to execute a BCA prepared in accordance with ECL 27-1409 for the completion of a brownfield site remediation program. However, the BCP Law does not prescribe detailed steps of the application process, except that DEC will use its best efforts to either accept or reject the BCA within 45 days after receipt of a complete application. DER-32 is also being revised to comport with the most recent amendments to the BCP Law.

It is the policy of New York State to have processes in place which facilitate the timely implementation of remedial programs. NYS DEC is able to advance these policies, by adopting procedures that encourage timely participation in the BCP and the cleanup of contaminated real property for reuse and redevelopment. Defining the application process and the terms of participation in the BCP will advance these policies and provide greater certainty and predictability.

The revised proposed program policy was published in the April 19, 2017 issue of NYS DEC's Environmental Notice Bulletin, which announced a 30 calendar day public comment period pertaining to the policy and the availability of the full text document for review. NYS DEC received comments during this public comment period and they have been addressed accordingly.

Pursuant to Environmental Conservation Law §3-0301(2)(z), this final revised NYS DEC Division of Environmental Remediation (DER) Program Policy is effective on September 8, 2017. DER-32 is available for public access on NYS DEC's website at: http://www.dec.ny.gov/regulations/2393.html. If you do not have internet access, please write to Angela Chieco, NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7012, Phone: (518) 402-9764.

Contact: Angela Chieco, NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, New York 12233-7012, Phone: (518) 402-9764, E-mail: derweb@dec.ny.gov.


Notice of Intent and Annual Nutrient Management Plan for the Concentrated Animal Feeding Operation(s)

New York State Department of Environmental Conservation (NYS DEC) has received a Notice of Intent (NOI) and Annual Nutrient Management Plan (ANMP) for the Concentrated Animal Feeding Operation(s) listed below. The operations listed below are seeking coverage under the New York State Department of Environmental Conservation Clean Water Act State Pollutant Discharge Elimination System General Permit for Concentrated Animal Feeding Operations (CAFOs) (GP-0-16-002). These documents are available for public review, comment and hearing request for 30 days from posting date. To download a copy of these documents go to: http://www.dec.ny.gov/permits/6054.html.

Clinton County NYS DEC - Region 5
LeDuc's Green Acre Farm
608 Leggett Road
Champlain, NY 12919

Franklin County NYS DEC - Region 5
Metcalf Farms
775 County Road 20
Constable, NY 12926

Monica Farms
93 Premo Road
North Bangor, NY 12966

Saratoga County NYS DEC - Region 5
Clear Echo Farm
800 Route 32 North
Schuylerville, NY 12871

Washington County NYS DEC - Region 5
Ideal Dairy
239 Vaughn Road
Hudson Falls, NY 12839

Heritage Hill Farm
1582 Mattison Road
Fort Ann, NY 12827

Twin Brooks Farm
4495 State Route 149
Hartford, NY 12838

Deep Roots Holsteins
31 Hendee Road
Hudson Falls, NY 12839

Walker Farms
5565 State Route 4
Fort Ann, NY 12827

Contact: Doug Ashline, NYS DEC - Division of Water, 625 Broadway, Albany, NY 12233, Phone: (518) 402-8086, E-mail: douglas.ashline@dec.ny.gov.


Pursuant to Environmental Conservation Law (ECL) Article 17, Titles 7 and 8, ECL Article 70, the Concentrated Animal Feeding Operation(s) listed below have been approved for coverage under the State Pollutant Discharge Elimination System CWA General Permit GP-0-16-002. The availability of the NOI(s) and ANMP(s) for the CAFO(s) were publicly noticed in the Environmental Notice Bulletin on 06/07/2017. The CAFO(s) must comply with all of the limits, conditions, and requirements contained in General Permit GP-0-16-002, including the terms contained in their ANMP.

Franklin County NYS DEC - Region 5

Shipman Farm
193 County Route 29
Burke, NY 12917

Sunset Lake 2
542 East Road
Burke, NY 12917

Washington County NYS DEC - Region 5

Black Creek Valley Farm
691 County Route 30
Salem, NY

Red Top Dairy
1320 County Route 24
Granville, NY 12832

Contact: Doug Ashline, NYS DEC - Division of Water, 625 Broadway, Albany, NY 12233, Phone: (518) 402-8086, E-mail: douglas.ashline@dec.ny.gov.


Data Solicitation for 2018 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 the United States Environmental Protection Agency (US EPA) by April 1, 2018. 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 2018 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. The 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 2018 CWA Section 303(d) List, data and information must be received by September 29, 2017. 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 US EPA by April 1, 2018.

Data submissions should be accompanied by a completed Waterbody Inventory/Priority Waterbodies List (WI/PWL) Assessment Worksheet, 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, NYS DEC - Division of Water, Bureau of Watershed Assessment and Management, 625 Broadway, 4th Floor, Albany, NY 12233-3502, Phone: (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 2018 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, Bureau of Watershed Assessment and Management, 625 Broadway, Albany, NY 12233, Phone: (518) 402-8179, E-mail: 4pwlinfo@gw.dec.state.ny.us.


  • Contact for this Page
  • ENB
    NYS DEC
    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