ENB - STATEWIDE NOTICES

        
Completed Applications Consolidated SPDES Renewals
Public Notice

Final Project List
Water Quality Improvement Projects For Peconic And South Shore Estuaries
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, has compiled a final project list for the Peconic and South Shore Estuaries. This list was subject to a thirty-day review and comment period by the public and the appropriate management conference, advisory committee or advisory council for each water body. There were no recommended changes to the lists of projects originally proposed.

The New York State Department of Environmental Conservation, in cooperation with the New York State Departments of State and Agriculture and Markets, selected the Water Quality Improvement Projects listed in the charts below to be funded with 2000-01 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 Peconic and South Shore Estuaries.

The Department of Environmental Conservation (DEC) reviewed more than 400 Water Quality Improvement Project applications from municipalities, Soil and Water Conservation Districts, and state agencies. The final list of projects to be funded have all of the characteristics listed below. The projects:

During the comment period, DEC shared the proposed list of projects for each Management Plan area with the appropriate committee coordinating the implementation for that Management Plan area. There were no recommended changes to the list of projects originally proposed.

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:

2000

WQI

COUNTY PROJECT NAME APPLICANT NAME ELIGIBLE BOND

ACT COSTS

BOND ACT FUNDS APPROVED
4463 Suffolk Sag Harbor/Paynes Creek Wetland Restoration Town of Southampton $51,390

$25,695
4198 Suffolk Stormwater Abatement Activities/Southampton's Peconic E. & So. Shore Estuary Restoration Town of Southampton $25,000 $12,500
4362 Suffolk Cassidy Preserve Salt Marsh Restoration: Phase III NYSDEC $53,000 $53,000

Management Plan: South Shore Estuary

South Shore Estuary Reserve Comprehensive Management Plan 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:

2000

WQI

COUNTY PROJECT NAME APPLICANT NAME ELIGIBLE BOND ACT COSTS BOND ACT FUNDS APPROVED
4198 Suffolk Stromwater Abatement Activities/Southampton's Peconic E. & So. Shore Estuary Restoration Town of Southampton $75,000 $37,500
4299 Suffolk Newport Beach, East Moriches Stormwater Mitigation Town of Brookhaven $400,000

$190,000
4185 Nassau Massapequa Preserve Wetland Enhancement and Stream Rehabilitation Nassau County Dept. of Public Works $980,000 $490,000
4184 Nassau Silver Lake Improvement Project Nassau County DPW $400,000 $200,000
4191 Nassau Reynolds Channel Stormwater Runoff Treatment & Wetlands City of Long Beach $650,000 $325,000
4185 Nassau Massapequa Preserve Wetland Enhancement and Stream Rehabilitation Nassau County Dept. of Public Works $850,000 $425,000
4185 Nassau Massapequa Preserve Wetland Enhancement and Stream Rehabilitation Nassau County Dept. of Public Works $800,000 $400,000

Public Notice

Public Notice of Intent to Modify
General SPDES Permit GP-99-01 for
Concentrated Animal Feeding Operations (CAFOs)

The New York State Department of Environmental Conservation (Department) proposes to issue and hereby makes available for comment, a draft modification to General SPDES Permit GP-99-01 for Concentrated Animal Feeding Operations (CAFOs).

In accordance with General SPDES Permit GP-99-01, Section 7, all CAFOs are required to develop an Agricultural Waste Management Plan (AWMP) in accordance with Natural Resources Conservation Service (NRCS) Conservation Practice Standard (CPS) 312-NY. The plan must be completed within 18 months after the Date of Coverage for "large" CAFOs, and within 24 months after the Date of Coverage for "medium" CAFOs. The permittee must demonstrate compliance with this requirement by submitting a completed Appendix B - Agricultural Waste Management Plan Certification to the Department. Appendix B must be signed by the CAFO operator, who is generally the owner and person who signed the Notice of Intent (NOI), and the certified planner who prepared the plan.

In consultation with the New York State Department of Agriculture and Markets and the New York State Soil and Water Conservation Committee, the Department has determined that the current compliance deadlines cannot be met for the majority of CAFOs. The principle reason is the extensive training and time required in qualifying and certifying the planners preparing the AWMPs.

Therefore, the Department is proposing a modification to the permit to allow "existing" and "expanded" permitted CAFOs to apply for an extension in the compliance deadline to certify completion of the AWMP.

Extensions of up to six months may be granted for "large" CAFOs, which in no event may be later than January 1, 2002. Extensions of up to twelve months may be granted for "medium" CAFOs, which in no event may be later than January 1, 2003. All extension requests must be submitted in writing to the Department and must include the supporting information specified in the modified permit.

Copies of the draft permit modification and fact sheet are available by calling 518-402-8117, or on the DEC website at www.dec.state.ny.us/website/dow/cafohome.html

Written comments on the draft permit may be sent to the DEC at the address below until September 27, 2001.

Mr. Joseph DiMura, P.E.
New York State Department of Environmental Conservation
Division of Water, Bureau of Water Permits
625 Broadway
Albany, NY 12233-3505
Telephone: 518-402-8117

Notice of Adoption

6 NYCRR Subpart 482-2, Operating Permit Program Fee Rule
NYS Department of Environmental Conservation

Pursuant to the provisions of Environmental Conservation Law, Section 72-303.1, the NYS Department of Environmental Conservation hereby gives notice of the following: NOTICE OF ADOPTION OF RULE - Pursuant to the provisions of Section 22 of the NYS Clean Air Compliance Act (ECL 72-0303), the 2001 operating permit program fee and fee calculation are hereby established as a rule by publication in the Environmental Notice Bulletin notwithstanding the provisions of the State Administrative Procedures Act. The purpose of the rule is to establish the annual fee to be submitted by air contamination sources subject to the operating permit program for emissions of regulated air contaminants.

6 NYCRR 482-2 Operating Permit Program Fee (Statutory Authority: Environmental Conservation Law, 3-0301, 72-0303, 19-0311)

Sections 482-2.1 through 482-2.3 remain unchanged.

Section 482-2.4 reads as follows:

482-2.4 Annual fee and fee calculation. (a) Fee. Each person subject to fees under this Subpart must submit a fee to the department. The fee per ton, up to six thousand tons annually, of each regulated air contaminant is as follows:

(1)Effective January 1, 1994, $25.69;

(2)Effective January 1, 1995, $26.44;

(3)Effective January 1, 1996, $27.19;

(4)Effective January 1, 1997, $ 27.94;

(5)Effective January 1, 1998, $ 32.64;

(1)Effective January 1, 1999, $ 45.00.

(2)Effective January 1, 2000, $ 45.00.

(3)Effective January 1, 2001, $ 45.00.

(b) Fee calculation.

(1)The amount of the fee set forth in subdivision (a) of this section is calculated by the Department pursuant to section 72-0303 of the Environmental Conservation Law. The 2001 fee has been calculated by dividing the current State fiscal year appropriation for the operating permit program by the total tons of emissions of regulated air contaminants from sources subject to the operating permit program during the last preceding calendar year, with consideration given to any surplus or deficit in the operating permit program account of the clean air fund established pursuant to section ninety-seven-oo of the State Finance Law, any loan repayment from the mobile source account of the clean air fund established pursuant to section ninety-seven-oo of the State Finance Law and the rate of collection of bills issued for the fee.

(2)The amount of each factor used in the fee calculation by the Department for the current year is hereby established as follows:

(i) the State fiscal year 2001-02 appropriation for the operating permit program is $18,491,500;

(ii) the total tons of emissions of regulated air contaminants from sources subject to the operating permit program is 312,445 tons;

(iii) As of March 31, 2001 the actual operating permit program account balance was $4,826,895. Of this balance, $2,041,592 will be required to liquidate obligations made pursuant to appropriations made for fiscal years prior to 2001-02. The $2,785,303 remainder of the balance will be applied towards funding the appropriation for SFY 2001-02.

(iv) the loan repayment from the mobile source account of the clean air fund is zero since no loan was made;

(v) the collection rate of bills for the prior fiscal year is 96 percent.

(3)Commencing January first 1999, the maximum fee per ton is $45.00. The amount of the fee set forth in subdivision (a) of this section is the maximum fee per ton allowable under section 72-0303(3) of the Environmental Conservation Law.

(4) The calculation is as follows:

($18,491,500 - $2,785,303) / (312,445 x .96) = $52.36

However, as established in paragraph (3) of subdivision (b) of this section, the fee calculation results in a fee that exceeds the maximum that may be assessed. The fee for 2001 is forty-five dollars ($45.00) per ton.

Notice: This is to notify persons subject to the operating permit program fee that pursuant to section 72-0201 of the Environmental Conservation Law, any person who fails to pay fees required pursuant to section 72-0303 of the Environmental Conservation Law shall pay a penalty of fifty percent of the unpaid fee amount plus interest on the unpaid fee amount computed in accordance with section 6621(a)(2) of the United States internal revenue code of 1986 (Public Law 99-514, 26 S. S. C. section 1 et seq.) from the date the fee was required to be paid.

For further information contact: Louise King, NYS Department of Environmental Conservation, Division of Air Resources, 625 Broadway, Albany, NY 12233-3250, 518 402-8451, E-mail: liking@gw.dec.state.ny.us