ENB - STATEWIDE NOTICES

Public Notices

Proposed List Of Recommended Water Quality Improvement Projects Under The Clean Water/Clean Air Bond Act Of 1996

The New York State Department of Environmental Conservation ("NYSDEC"), as authorized by Title 3, Section 56-0303 of the Environmental Conservation Law, known as the 1996 Clean Water/Clean Air Bond Act, and in accordance with subdivision 3 of Section 56-0303 of Environmental Conservation Law, as amended by Chapter 1 of the Laws of 1997, has compiled an eligible project list for Lake Champlain and the Peconic and South Shore Estuaries using the project eligibility and ranking guidelines. This list is subject to a thirty-day review and comment period by the appropriate management conference, advisory committee or advisory council prior to finalizing such list of projects.

Pursuant to Chapter 1 of the Laws of 1997, the New York State Department of Environmental Conservation, in cooperation with the New York State Departments of State and Agriculture and Markets, proposes the Water Quality Improvement Projects listed in the charts below to be funded with 1999-00 State capital appropriations under Title 3 Section 56-0303 of the Clean Water/Clean Air Bond Act of 1996.

The following types of Water Quality Improvement Projects were considered for funding: (1) wastewater treatment improvement projects; (2) agricultural and nonagricultural nonpoint source abatement and control projects; (3) aquatic habitat restoration projects; and (4) pollution prevention projects.

Projects eligible to be funded are Water Quality Improvement Projects to implement management plans for the Lake Champlain and the Peconic and South Shore Estuaries.

The Department of Environmental Conservation (DEC) reviewed more than 800 Water Quality Improvement Project applications from municipalities, Soil and Water Conservation Districts, and state agencies. The proposed list of projects to be funded have all of the characteristics listed below. The projects:

In addition, the applicants of the projects have demonstrated that:

For many of the projects, the recommended award of funds is less than the amount requested by the applicant. The amount was reduced for the following reasons:

The DEC will accept comments on the proposed list of projects to be funded during a 30-day public comment period which ends May 5, 2000. Written comments should be addressed to Bond Act, Water Quality Improvement Projects, NYS Department of Environmental Conservation, 50 Wolf Road, Albany, NY 12233-3503.

Pursuant to Chapter 1 of the Laws of 1997, during the comment period DEC will discuss the proposed list of projects for each Management Plan area with the appropriate committee coordinating the implementation for that Management Plan area. The list of Bond Act projects to be funded for the applicable project categories will be finalized and published in the Environmental Notice Bulletin following the public comment period and the management committee review.

Management Plan: Peconic Estuary

The priorities identified in the Draft Action Plan for the Peconic Estuary are improvements to the Riverhead Wastewater Treatment Plant, storm water abatement, mitigation of impacts from brown tide, and aquatic habitat restoration. The following projects are consistent with the priorities identified in the Draft Action Plan for the Peconic Estuary:

1999

WQI

COUNTY PROJECT NAME APPLICANT NAME ELIGIBLE BOND

ACT COSTS

BOND ACT FUNDS APPROVED
OO92 Suffolk Advanced Wastewater Treatment Facility near the Peconic River Town of Riverhead $3,914,706 $3,027,500
2115 Suffolk Mitchell Park and Marina Drainage Village of Greenport $122,900 $61,450
3188 Suffolk Sag Harbor Sewage Treatment Plant Upgrade - Phase 2 Village of Sag Harbor $1,422,000 $1,172,000
3192 Suffolk Sammis Beach Restoration Town of East Hampton $250,000 $137,500
3238 Suffolk Riverhead Foundation for Marine Research and Preservation Wastewater Treatment Town of Riverhead $50,000 $40,000

Management Plan: South Shore Estuary

Although the South Shore Estuary Reserve Comprehensive Management Plan has not been completed, the Interim Report identifies priorities that can be addressed now based on available information. Priorities identified so far are nonpoint source pollution abatement and control (particularly for storm water runoff), and habitat restoration and protection. The following projects are consistent with the priorities identified in the Interim Report:

1999

WQI

COUNTY PROJECT NAME APPLICANT NAME ELIGIBLE BOND ACT COSTS BOND ACT FUNDS APPROVED
3075 Suffolk Removal of derelict boats and decayed railroad ties at the Poospatuck Reservation Poospatuck Reservation $140,000 $105,000
3079 Suffolk Connetquot Creek Stormwater Project Town of Islip $1,200,000 $600,000
3195 Nassau Roosevelt Pond Rehabilitation Nassau County Dept. of Public Works $875,000 $437,500

Management Plan: Lake Champlain

The Lake Champlain Management Plan identifies three high priorities: phosphorus reduction; prevention and control of persistent toxics; and management of nuisance non-indigenous aquatic species. Secondary priorities are: restoration of fish and wildlife habitat; protection and enhancement of wetlands; and preservation of vulnerable habitat corridors. The following projects are consistent with the priorities identified in the Lake Champlain Management Plan:

1999

WQI

COUNTY PROJECT NAME APPLICANT NAME ELIGIBLE BOND ACT COSTS BOND ACT FUNDS APPROVED
O276 Essex Port Henry-Moriah Wastewater Management Program Town of Moriah/Village of Port Henry (Joint) $2,000,000 $479,854
2081 Essex Willsboro Advanced Wastewater Treatment and Boquet River Stabilization Town of Willsboro $418,366 $355,611
3084 Washington Wastewater Treatment Facility Improvements to Reduce Phosphorus Levels Village of Granville $588,235 $500,000
3092 Warren Halfway Brook Aquatic Habitat Improvement Project Warren County SWCD $108,000 $78,000
3334 Washington Halfway Creek AEM Implementation Washington County SWCD $181,111 $163,000
3360 Essex Lake Champlain - South Lake - Crown Point & Ticonderoga Farms Essex County SWCD $510,283 $423,535


Notice Of Final Description Of Eligible Project Categories for Environmental Facilities Corporation's Heavy Duty Inspection And Maintenance Program

I. BACKGROUND, SCOPE AND APPLICABILITY

The New York State Environmental Facilities Corporation (EFC) will provide $1.15 million to establish a program to provide funding to owners of public heavy duty inspection and maintenance stations, other service stations that provide emissions tests to the public, and municipalities that purchase new emissions testing equipment capable of testing emissions from diesel engines. The purchase and use of this new equipment in conjunction with New York State's Heavy Duty Inspection and Maintenance Program (HDI&M) will reduce pollution from diesel vehicles and improve air quality and public health. Funding will be made pursuant to the HDI&M Program within the Other Air Program that was created by the Clean Water/Clean Air Bond Act of 1996.

The Other Air HDI&M Program is intended to partially reimburse owners of Eligible Businesses and municipalities that purchase new Eligible Smokemeters, that have been certified by the New York State Department of Environmental Conservation (NYSDEC), as complying with new state regulations (6 NYCRR Part 217-5). Under the Other Air HDI&M Program, EFC will provide financial assistance to Eligible Businesses located within the New York City Metropolitan Area (NYCMA) of $1,000 and to municipalities and Upstate Eligible Businesses of $2,000. The reasoning for the different levels of funding is based upon distinctions found in state law. Specifically, all heavy duty vehicles with diesel engines located in the NYCMA are or will be required to pass an emissions test prior to being registered by the New York State Department of Motor Vehicles (NYS DMV) and all NYS DMV licensed public heavy duty safety inspection stations in the NYCMA will be required to purchase certified smokemeters in order to retain their inspection business licenses. Thus, these downstate businesses will have a substantial customer base from which they can recoup a larger percentage of their investment. In contrast, municipalities and upstate businesses that purchase eligible smokemeters are not required to purchase these machines as a condition of receiving a license from NYS DMV.

The Other Air HDI&M Program applies to: (1) service stations which are located within NYCMA (i.e., Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk, and Westchester counties); (2) service stations located outside of the New York City Metropolitan Area; and, (3) municipalities. Funding from this program will not be available to private fleet operators who do not offer emission tests to members of the general public.

II. PURPOSE OF THIS NOTICE

This notice describes eligibility requirements for the Other Air HDI&M Program, the amount of funding available, the time period during which EFC will accept applications for funding, and certain other eligibility criteria.

III. DEFINITIONS

Unless defined herein, terms used in this notice shall have the meanings set forth in Section 56-0101 of the environmental conservation law or 6 NYCRR Part 217-5. Terms used in this notice have the following meanings:

"Downstate Eligible Business" means a business located in the counties of Nassau, New York, Kings, Queens, Bronx, Richmond, Rockland, Suffolk or Westchester that is registered by the New York State Department of Motor Vehicles as either a light duty public emissions inspection station or a heavy duty public emissions inspection station.

"Eligible Business" means a Downstate Eligible Business or an Upstate Eligible Business.

"Eligible Smokemeter" means smoke measurement equipment designed and manufactured in accordance with specifications set forth in 6 NYCRR Part 217-5.6. Only a smokemeter certified by NYSDEC and operated in accordance with the manufacturer's operating procedures shall be considered an eligible smokemeter for purposes of this Notice.

"Heavy duty vehicle" means a vehicle that has a Gross Vehicle Weight Rating exceeding 8,500 pounds and is designed primarily for transporting persons or properties.

"Municipality" means any County, City, Town, Village or School District.

"New York City Metropolitan Area (NYCMA)" means the Counties of Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk and Westchester.

"Upstate Eligible Business" means a business not located in the New York City Metropolitan Area, that is registered by the New York State Department of Motor Vehicles as either a light duty public safety inspection station or a heavy duty public safety inspection station.

"Useful life" means the number of years the Eligible Smokemeter is expected to remain in service.

IV. DESCRIPTION OF ELIGIBLE PROJECTS

Pursuant to 6 NYCRR Part 217-5, NYSDEC has compiled and maintains a list of all Eligible Smokemeters certified as being designed and manufactured to meet the requirements of this regulation. Any owner of a Downstate Eligible Business, Upstate Eligible Business or municipality that purchases a certified Eligible Smokemeter or meters may apply for funding under this program.

V. DETERMINATION OF USEFUL LIFE

For the purpose of the Other Air HDI&M Program, the useful life of such Eligible Smokemeters has been deemed by EFC to be seven (7) years.

VI. AMOUNT OF FUNDING

EFC will make state assistance payments in the following amounts for the purchase of the Eligible Smokemeter:

For Downstate Eligible Businesses: $1,000 for each Eligible Smokemeter purchased.

For Municipalities and Upstate Eligible Businesses: $2,000 for each Eligible Smokemeter purchased.

No applicant will be eligible for more than five (5) state assistance payments.

VII. APPLICATION SCHEDULE

EFC will accept requests for state assistance under the Other Air HDI&M Program through December 31, 2000.

VIII. FUNDING SCHEDULE

Until the $1.15 million budget for the program is depleted, EFC will provide state assistance for the purchase of Eligible Smokemeters listed in this Notice, on a first-come, first-served, basis.

IX. ADDITIONAL REQUIREMENTS

(1) Project Limitations.

Eligible Businesses and municipalities purchasing multiple Eligible Smokemeters may submit requests for state assistance for up to five (5) such smokemeters regardless of location.

(2) Program Duration.

Subject to the availability of funds and the other eligibility criteria set forth in this notice, the owner of an Eligible Business or municipality will be eligible for state assistance if the owner has purchased an Eligible Smokemeter after August 1, 1996, and before December 31, 2000.

(3) Application Deadline

Requests for state assistance under the Other Air HDI&M will be accepted until December 31, 2000. The required application form may be obtained by contacting EFC at the address specified under Section X of this notice, or by visiting EFC's website at www.nysefc.org.

(4) Application Procedure

The procedures for administering the Other Air HDI&M Program, including the submission, review and approval of requests for state assistance, will be guided by 21 NYCRR Part 2606.

(5) Proof of Insurance

As part of its request for state assistance, the owner of an Eligible Smokemeter that is not a municipality may be required to submit a certificate evidencing that EFC is named as a loss payee on the owner's property damage liability insurance policy.

X. INFORMATION AVAILABILITY

Any person seeking additional information or application material regarding this program should contact EFC at:

New York State Environmental Facilities Corporation
Financial Assistance to Business Program
Attention: Laurie A. Allen, Program Manager
50 Wolf Road
Albany, New York 12205-2603
Telephone (800) 200-2200
Fax (518) 457-0742


Seventh Annual NYS Governor's Award for Pollution Prevention

Applications are now available for the New York State Seventh Annual Governor's Award for Pollution Prevention. The awards program was established to recognize pollution prevention efforts by NYS organizations. Applicants can compete in one of the two following categories. 1) Facilities generating waste and pollution: small (100 or fewer employees), mid-size (more than 100 and fewer than 500 employees), or large (more than 500 employees) industrial, commercial or institutional facilities; federal, state and local governments; and educational institutions, and 2) technical assistance providers: environmental, community and civic organizations; trade associations or other business/industry groups; federal, state and local governments, and educational institutions; and other public or private entities. Nominations for awards will be made to Governor Pataki by Commissioner Cahill of the Department of Environmental Conservation based on recommendations from a selection committee.

Criteria to be considered for the applicants include: description of pollution prevention project, program or technology; waste volume/toxicity reduction; environmental, economic and other benefits; commitment and leadership; relevance to others; and community involvement.

IMPORTANT NOTICE: The awards will be presented at the Pollution Prevention Conference which will be held September 19-21,2000 at the Radisson-The Hotel Syracuse, Syracuse, New York. Applications are due June 30, 2000, and are available through the DEC's website: www.dec.state.ny.us/website/ppu.

Anyone interested in obtaining more information regarding the application and criteria for the awards should contact Mr. Carlos Montes at the Department of Environmental Conservation, Pollution Prevention Unit, 50 Wolf Rd., Room 298, Albany, NY 12233-8010, telephone (518) 457-0774, Fax 518-457-2570.


DEC Announces Free Pollution Prevention Workshops Designed for Metal Finishers

The New York State Department of Environmental Conservation (DEC) will conduct four free pollution prevention workshops across the state for the metal finishers industry sector, according to Mary Werner, Acting Director of DEC's Pollution Prevention Unit.

These workshops are designed to provide compliance guidance and technical assistance to metal finishers. The workshops, supported by a grant received from the U. S. Environmental Protection Agency, are open to industry representatives, consultants, municipal employees or anyone who would like to benefit from this training.

These workshops are part of DEC's growing emphasis on pollution prevention as the most effective and least expensive way to protect our environment," said Werner. "DEC workshops have been very successful at helping industries increase the efficiency and quality of operations through waste reduction and improved environmental compliance."

Workshop participants will receive the following informational materials prepared by the DEC's Pollution Prevention Unit:

  1. Environmental Compliance and Pollution Prevention Guide for Metal Finishers; and
  2. Environmental Self-Assessment for Metal Finishers.

The half-day workshops will be held at the following locations:

All sessions will run from 8:00 a.m. to 12:00 p.m., with registration beginning at 7:45 a.m. Interested individuals and groups are asked to pre-register by contacting Dottie O'Hare of DEC's Pollution Prevention Unit at (518) 457-2553 or fax (518) 457-2570. You can also register on their web site: www.dec.state.ny.us/website/ppu

NOTICE OF ADOPTION AND AVAILABILITY FOR COMMENT

Commissioner's Policy CP-17, Recordkeeping and Reporting of Administrative Use of Motor Vehicles and Aircraft in the Forest Preserve

Effective March 29, 2000, this policy replaces and supercedes the prior CP-17 entitled "Administrative Use of Motor Vehicles and Aircraft in the Forest Preserve." This new policy recites existing guidelines and provides recordkeeping and reporting requirements for the administrative use of motor vehicles on roads not open to public motor vehicle use and the administrative use of aircraft on Forest Preserve lands within the Adirondack Park and Catskill Park.

This policy recites existing guidelines in the Adirondack Park State Land Master Plan and Catskill Park State Land Master Plan relating to the administrative use of motor vehicles on roads not open to public motor vehicle use and the administrative use of aircraft on Forest Preserve lands within the Adirondack Park and Catskill Park, respectively, and provides reasonable and concise recordkeeping and reporting procedures for such use.

This policy recites verbatim applicable provisions of the Adirondack Park State Land Master Plan and Catskill Park State Land Master Plan relating to the administrative use of motor vehicles on roads not open to public motor vehicle use and the administrative use of aircraft on Forest Preserve lands within the Adirondack Park and Catskill Park. The Department has found that the description of such provisions which is contained in the prior CP-17, entitled "Administrative Use of Motor Vehicles and Aircraft in the Forest Preserve," has created confusion, and that a verbatim repetition of such provisions is therefore preferable and appropriate.

The Department has also found that the prior CP-17 has caused confusion with respect to its effect on the Department's Office of Public Protection. This policy clarifies that although the recordkeeping and reporting requirements of the policy are not applicable to the Office of Public Protection, the Office must continue to comply with provisions in the two master plans relating to the administrative use of motor vehicles on roads not open to public motor vehicle use and the administrative use of aircraft.

COMMENT PERIOD: This policy concerns the internal management of the Department and does not have any effect on the rights of, or procedures or practices available to, the public. Consequently, the procedural requirements of Environmental Conservation Law 3-0301(2)(z) are not applicable. Nonetheless, comments on this action will be accepted for 30 days following publication in the Environmental Notice Bulletin. The last day for receipt of comments will be April 28, 2000. These comments will be considered by the Department in determining whether future refinements to the policy are necessary.

To obtain the full-text of this policy document and to submit comments, please contact Tom Wolfe, Division of Lands and Forests, Bureau of Public Lands, 50 Wolf Road, Room 410, Albany, NY 12233; Phone number (518) 457-7433, Fax (518) 457- 8988.