ENB - REGION 2 NOTICES

        
Completed Applications Consolidated SPDES Renewals
Extension of Public Comment Period

Notice of Availability for Public Comment:
An Order-On-Consent for Upgrades at Five (5) Wastewater Treatment Plants in NYC

The New York State Department of Environmental Conservation, in conjunction with the Office of the New York State Attorney General, and the City of New York Department of Environmental Protection (DEP) propose to enter into an administrative order-on-consent (the Long Island Sound/Jamaica Bay Order) to improve water quality in Long Island Sound and Jamaica Bay. The order, which DEC and DEP enter into in the context of resolving ongoing litigation between the State and City, requires DEP to upgrade the City’s four Upper East River Water Pollution Control Plants ("WPCPs") – Hunts Point, Wards Island, Tallman Island, and Bowery Bay – that discharge to Long Island Sound, by installing the latest nitrogen removing technology, known as Step-Feed Biological Nitrogen Removal ("BNR"). These upgrades are designed to make the WPCPs capable of achieving the nitrogen removal requirements of the Total Maximum Daily Load ("TMDL") for nitrogen in Long Island Sound, which became effective in April of 2001. DEC intends to impose nitrogen limits reflecting the TMDL on all dischargers to Long Island Sound in New York State, including the City of New York, through the SPDES permit process. Introduction of nitrogen to coastal waters such as Long Island Sound can cause or contribute to periodic hypoxic (low oxygen) conditions that can kill or drive off marine life.

The order additionally requires DEP to upgrade its 26th Ward WPCP, which discharges to Jamaica Bay, to BNR, to enhance nitrogen removal from effluent entering Jamaica Bay. Like Long Island Sound, Jamaica Bay is detrimentally affected by nitrogen introduction. Under the order DEP will also perform certain studies to determine how best to address nitrogen-related water quality problems in Jamaica Bay in the long term.

The cost of the BNR upgrades required under the order is approximately $1.4 billion.

Three additional proposed orders-on-consent are referenced in the Long Island Sound/Jamaica Bay Order which address other litigation concerning the City’s WPCPs. These proposed orders are summarized below and are available for review in conjunction with the Long Island Sound/Jamaica Bay Order.

Newtown Creek Second Modified Judicial Order on Consent: This Order on Consent will modify an existing Order on Consent before State Supreme Court for Kings County. Like the existing Newtown Creek Order, the modified Newtown Creek Order will require the City to upgrade the Newtown Creek WPCP to meet secondary treatment, as required by the Federal Clean Water Act. However, the existing order requires the City to achieve secondary treatment by 2010 and the proposed amended order will require the City to achieve secondary treatment by the end of 2007. The cost of the proposed upgrade is approximately $1.7 billion, which is approximately $600 million lower than the estimated cost of the upgrade currently required by the existing Newtown Creek Order. The shorter construction period will result in reduced construction impacts to the surrounding community.

Long Island Sound/Jamaica Bay State Court Settlement: This Order on Consent will be entered before State Supreme Court for New York County, and will settle the State’s claims against the City for violations of the nitrogen limits and other parameters set forth in the City’s SPDES permits for the Jamaica Bay and Upper East River WPCPs. The Supreme Court has found the City liable for most of these violations, but has not ruled on appropriate penalties. These violations occurred over the period from January, 1996 through early 2000. The Order requires the City to pay a $500,000 civil penalty, and $500,000 in environmental benefit projects to be administered by the State and the Hudson River Foundation.

Federal Clean Water Act Consent Order: This Consent Order will be entered before the Federal District Court for the Eastern District of New York. The Order will settle claims made by a number of citizens groups and individuals represented by the Pace Law School Environmental Litigation Clinic, the State of Connecticut, and the State of New York against the City for violations of the nitrogen limits and other parameters set forth in the City’s SPDES permits for the Jamaica Bay and Upper East River WPCPs. (These claims parallel those to be resolved in the Long Island Sound/Jamaica Bay State Court Settlement.) This order requires payment by the City of $4 million for the performance of environmental benefit projects to be determined by a committee made up by the State of New York, the State of Connecticut, the City, and two of the citizens group plaintiffs.

This notice affords the opportunity to provide written comments on the LIS/Jamaica Bay Order prior to finalizing the agreement among the involved parties. Full copies of the LIS/Jamaica Bay Order and the associated referenced orders can be obtained on the Departments website at: http://www.dec.state.ny.us/website/dow/index.html and are also available in hard copy at the following offices of the Department: Office of the Director of the Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233. Comments on the order may be provided in writing addressed to Mr. Philip Degaetano, NYS DEC, Division of Water, at the above address, or may be provided over the Internet at: pmdegaetano@gw.dec.state.ny.us Comments must be provided by March 14, 2002. DEC will consider all relevant comments received for incorporation into the document.

Consent Order Meeting

The New York City Department of Sanitation (DOS) will hold its annual public meeting regarding the Fresh Kills Landfill on Wednesday, February 28, 2002 from 7:00 to 9:00 p.m. at Intermediate School No. 72 located at 33 Ferndale Avenue in Staten Island, NY. The meeting will provide information on the following.

Members of the public will have an opportunity to speak, and representatives of DOS will be available to answer questions.

Directions from the Verrazano Bridge:
Take Route 278 West to the Victory Boulevard exit. Turn left onto Victory Boulevard; left onto Richmond Avenue for approximately ¾ of a mile; left onto Rockland Avenue; right onto Ferndale Avenue for two blocks. Intermediate School No. 72 is on the left.

Contact: Claudia Barrrantes, 205 Campus Drive, Edison, NJ 08837, phone: (732) 417-5882 fax: (732) 417-5801, e-mail: barrantc@mail.rfweston.com

Positive Declaration and Scoping Session

Bronx & Westchester Counties - The New York City Department of Environmental Protection, as lead agency, has determined that the proposed Croton Water Treatment Plant Filtration Project may have a significant adverse environmental impact and a Draft EIS must be prepared. A public scoping session will be held on Tuesday, March 5th, 2002, from 7:00 - 9:00 P.M. at Schwendler Hall, Bronx Community College, W. 181st Street and University Avenue in the Bronx, and Wednesday, March 13th, 2002, from 7:00 - 9:00 P.M. at Town of Mt. Pleasant, One Town Plaza (Court Room), Valhalla, New York. The comment period will remain open until the end of March and a Final Scope of Work will be issued by the end of April, 2002. The New York City Department of Environmental Protection proposes to design, construct, and operate a 290-million gallon per day (mgd) water treatment plant (WTP) to provide filtration and disinfection of the Croton Water Supply System. The facility is proposed to be located at one of two sites: the Eastview Site in Mt. Pleasant, New York or the Harlem River Site in the Bronx, New York. The proposed Croton WTP, if constructed at the Eastview Site would be accompanied by the construction of a Raw Water Pumping Station to convey untreated water from the New Croton Aqueduct (NCA) to the site. Treated water connections would also be made to the NCA and the Delaware Water Supply System and possibly the Catskill Water Supply System. Treated water connections to the city distribution system at the Jerome Park Reservoir would also be required. The proposed Croton WTP, if constructed at the Harlem River Site, would be accompanied by the construction of a raw water connection to the WTP and the construction of a Treated Water Pumping Station (TWPS) to convey water from the WTP to the NCA and/or other facilities at the Jerome Park Reservoir where connections to the existing distribution system and possible reconstruction of the Jerome Avenue Pumping Station would also be involved. Construction of a Water Treatment Plant at either site would also include rehabilitation of the NCA to varying degrees. Project Location: The Eastview Site: Intersection of Route 100C and Bee-Line Boulevard. Saw Mill River Road is located to the west. Town of Mount Pleasant, Westchester County. The Harlem River Site: Intersection of West Fordham Road and Exterior Street. The Harlem River is located to the west. Borough of the Bronx, New York City. Croton Lake Gate House: Croton Dam Road and Aqueduct Street. Town of Yorktown, Westchester County. NCA Shaft No. 9: Along Sleepy Hollow Road North, Town of Mount Pleasant, Village of Sleepy Hollow, Westchester County. NCA Shaft No. 14: American Legion Drive, Town of Greenburgh, Village of Ardsley, Westchester County. NCA Shaft No. 18: Intersection of Yonkers Avenue and Cross County Parkway, City of Yonkers, Westchester County. NCA Gate House No. 1: In Van Cortlandt Park west of the Major Deegan Expressway, Borough of the Bronx, New York City. Jerome Park Reservoir: Jerome Park Reservoir 3555 Goulden Avenue, Borough of the Bronx, New York City.

Contact: Mark Page, 59-17 Junction Blvd., Corona, NY 11368, phone: (718) 595-4395, fax: (718) 595-4479, e-mail: markpa@dep.nyc.gov

Positive Declaration

New York City (Kings County) - The New York City School Construction Authority, as lead agency, has determined that the proposed Midwood High School Science Annex may have a significant adverse environmental impact and a draft EIS must be prepared. The action involves the site selection, acceptance of construction funding, and construction of a new 340-seat science annex to Midwood High School, which is located one block north of Brooklyn College. The existing Midwood High School building occupies the block bounded by Glenwood Road to the north, Campus Road to the south, Bedford Avenue to the west, and E. 26th Street to the east (Block 7553, Lot 41). The proposed science annex would be built across Bedford Avenue from the school, on a portion of an approximately 67,600 square foot paved City-owned lot (Block 7552, Lot 54) under the jurisdiction of the New York City Board of Education. A pedestrian bridge spanning Bedford Avenue would connect the second and third stories of the new annex with the existing school building; the construction of this bridge will require the approval of the New York City Department of Transportation. The majority of Block 7552, Lot 54 would be developed for use as an approximately 49,000 square foot public playground. The project is located at 2859 Bedford Avenue (Existing Midwood High School) and 719 E. 24th Street (Proposed Science Annex and Playground site), Brooklyn.

Contact: Ross J. Holden, 30-30 Thomson Avenue, Long Island City, NY 11101, phone: (718) 472-8220.