Completed Applications Consolidated SPDES Renewals
Voluntary Cleanup Agreement Notice of Availability for Comment

Name of Volunteer: The Denihan Company, LLC., 500 West 37th Street, NY, NY 10018

Project Name: East 75th / East 76th Street Properties
Voluntary Cleanup Site Index No. D2-0001-01-05

Project Location: The Site is located at 503-509 East 75th Street and 502-512 East 76th Street, Manhattan, New York, which are adjacent properties on East 75th / East 76th Streets between York Avenue and the FDR Drive. The area is described as residential and commercial mixed use.

Project Description: The New York State Department of Environmental Conservation (NYCDEC) and The Denihan Company, LLC have entered into a Voluntary Cleanup Agreement, and a Remedial Action Work Plan has been approved. The Site was previously made up of four commercial structures and formerly used as a parking garage, dry cleaning facility, auto repair shop, bakery, and warehouse. The Denihan Company has sold the property to Lycee de Francais, which plans to develop the site as a private school. It is currently under construction. Environmental investigations were conducted in 1996 and 2000 by AKRF, Inc. for The Denihan Company. The results of these investigations indicate that only trace amounts of solvents were present in the soils, and that the underground petroleum bulk storage tanks had been leaking. The tanks and associated contaminated soil were removed from the site in January and in April 2001. Construction began in January 2002 and the soil and bedrock have been removed to a depth of 30 feet. Further sampling of the soil, bedrock, and groundwater was conducted. A band of petroleum contaminated fractured bedrock was found on the north wall of the excavation. Groundwater that seeped into the excavation was sampled; at one location, a maximum toluene concentration (a gasoline constituent) of 10 ppm was reported, and from the water in the excavation , a maximum tetrachloroethylene concentration of 1.1 ppm was encountered. A vapor barrier is being installed as part of the school construction, as well as a groundwater collection system. The groundwater would be collected and treated to levels allowable for discharge into the City sewer system. Additional investigation is being conducted to locate possible off-site contamination and/or possible off-site sources of contamination.

Comment Period: The Work Plan for the Site is available for review at the location below. The public is invited to review the Work Plan and submit written comments to the contact person within 30 days following the date of this notice. Written comments expressing objection or opposition to the Work Plan must explain the basis of the opposition, and identify the specific grounds which could lead the Department to impose significant changes to the Work Plan. No formal response is made to comments received, but as a result of comments, the Department may reevaluate and revise the Agreement and/or Work Plan.

Contact person: Sondra M. Martinkat, P.E., Project Manager, Division of Environmental Remediation, New York State Department of Environmental Conservation, Region 2, 47-40 21st Street, Long Island City, NY 11101-5407.

Public Notice

Applicant: New York City Department of Environmental Protection

Facilities, location and permits applied for:

The following fourteen State Pollutant Discharge Elimination System (SPDES) permits for the Water Pollution Control Plants (WPCPs) in New York City (NYC) have been modified in accordance with New York State’s Environmental Benefit Permit Strategy (EBPS):


Permit Number

DEC Number


Permit Number

DEC Number


NY 0026158


Owls Head WPCP 6700 SHORE ROAD   BROOKLYN, NY11220

NY 0026166



NY 0026182



NY 0026107



NY 0026191


Red Hook WPCP 63 FLUSHING AVENUE      BROOKLYN      NY        11205

NY 0027073


Jamaica WPCP 150-20 134 ST JAMAICA, NY   11430

NY 0026115


Rockaway WPCP 106-21 BEACH CHANNEL DR   ROCKAWAY, NY           11694

NY 0026221




NY 0026204


Tallman Island WPCP



NY 0026239


North River WPCP 725 W 135 ST     NEW YORK, NY10031

NY 0026247


Twenty Sixth Ward WPCP 122-66 FLATLANDS AVENUE

BROOKLYN, NY             12207

NY 0026212


Oakwood Beach WPCP 751 MILL ROAD 


NY 0026174


Wards Island WPCP WARDS ISLAND             NEW YORK, NY              10035

NY 0026131


Generic modifications have been made to all fourteen permits and major initiatives such as the Long Island Sound Total Maximum Daily Loads (TMDL) and Jamaica Bay Assessment Plan. Changes specific to each facility are described in the individual fact sheet for each permit. The permits were modified in the following ways:

Permit Limits, Levels and Monitoring -

Flow - flow limit has been modified from a 30 day arithmetic mean of dry weather flow to a 12 month rolling average of total flow, in accordance with NYSDEC Division of Water’s Technical & Operational Guidance Series (TOGS) 1.3.3 guidance for WPCPs receiving flow from combined sewer systems.

The flow limit for Coney Island has increased from 100 mgd to 110 mgd and the flow limit for Wards Island increased from 250 mgd to 275 mgd due to upgrades at these WPCPs.

Biological Oxygen Demand (BOD) - The BOD5 limits have been replaced with Carbonaceous BOD (CBOD5) limits to better represent the nitrifying effluent at all the WPCPs. These limits are lower than BOD5 limits.

Settleable Solids - The settleable solids limit has been replaced, with an equivalent daily maximum limit of 50 mg/ of total suspended solids, sampled 1/day. This limit does not apply on the day when wet weather influent flow is twice the design flow or on the succeeding day.

Toxic Parameters - Water quality based effluent limits for toxics are daily maximum limits in accordance with 6NYCRR 703.5 and TOGS 1.3.1, instead of daily averages as in the current permit.

Dissolved copper - Dissolved copper monitoring is no longer required.

Priority Pollutant Scan - Sampling and analysis for all priority pollutants is required at all 14 plants once per year on influent and effluent. This replaces influent monitoring of metals 1/month and the annual organic priority pollutant monitoring.

Nitrogen -

Long Island Sound Nitrogen Limits - Effluent limitations reflect a 58.5% reduction in nitrogen over a 15 year period consistent with the Long Island Sound Study.

Jamaica Bay Nitrogen Limits - Nitrogen requirements are included in the permits as an interim bubble limit for those WPCPs that discharge to Jamaica Bay while a report is developed.

Remaining WPCPs - The four WPCPs that do not discharge to Long Island Sound or Jamaica Bay also have monitoring requirements for the nitrogen series.

Combined Sewer Overflows - The federal Wet Weather Water Quality Act of 2000 amended the Clean Water Act to require every permit for a discharge from a municipal combined storm and sanitary sewer to be in conformance with the 1994 CSO Control Policy. The policy requires SPDES permits to contain technology-based controls in the form of Best Management Practices (BMP), called the Nine Minimum Controls, and water quality-based controls in the form of a Long Term Control Plan (LTCP).

Monitoring of CSO Regional Treatment Facilities - Monitoring requirements have been added to the permits for facilities that operate or plan to construct regional CSO Regional Treatment Facilities (RTF).

Best Management Practices - The draft permits contain updated BMP language.

Long Term Control Plan - The LTCP requirements are outlined in a June 26, 1992 Consent Order, as amended.

Toxicity testing - Toxicity testing is required at all WPCPs. The current permit requirement for development of a suitable marine toxicity testing program and quarterly toxicity testing for one year has been completed.

Flow Management - The WPCPs are required to submit flow management plans when annual average flow reaches 95% of design flow.

Untreated Discharges - This section of the current permit has been updated to include: 2-hour reporting requirements for discharges that would affect bathing areas, shellfishing areas or public drinking water intakes; an annual report with a summary and analysis of bypasses; abatement procedures; and a sentinel monitoring program.

Pretreatment program - The requirements of the pretreatment program have been modified to contain statewide requirements.

Compliance Schedules -

Total Residual Chlorine (TRC) - requires all 14 WPCPs to identify and construct the facilities necessary to achieve the water quality limit for TRC.

Stormwater Pollution Prevention Plan (SPPP) - requires the permittee to develop a SPPP, in accordance with federal regulations 40 CFR 122.26(b)(14)(ix), for the wastewater treatment facilities with on-site storm sewers.

City-Wide Sewer Mapping - requires all 14 WPCPs to complete an update of all outfalls in their drainage system, and submit a report with detailed information about each outfall.

CSO BMP Requirements - provides a timetable for completion or submission of CSO BMP requirements found in the 15 CSO BMPs.

Pollutant Minimization Plan - requires all 14 WPCPs to complete a pollutant mass balance and source track down of Bioaccumulative Chemicals of Concern.

Supplemental Discharge Characterization Report - requires that 10 of the 14 WPCPs make necessary amendments to the sewer use regulations based on the stormwater discharge characterization, and develop a storm water monitoring program.

Additional Municipal Separate Stormwater Sewer System (MS4) Requirements - requires 10 WPCPs to assess the applicability of the South Richmond Drainage Plan to their drainage plan, develop a construction site urban runoff manual to be provided to construction site operators, and submit an inventory of certain facilities discharging to the MS4.

Reliability & Engineering Operations - requires all 14 WPCPs to inventory all critical wastewater treatment equipment, develop a contingency plan to insure that a minimum of primary treatment and disinfection is provided at the WPCP during emergencies, and develop a schedule for testing of emergency power.

PCBs - EPA has developed a new, more precise, method of analysis for PCBs, that can detect all 209 congeners. This new method will be tested at four WPCPs.

Mercury - EPA has developed a new, more precise, method of analysis for total mercury. Four WPCPs in NYC are required to perform a one year monitoring program for mercury comparing the new method to the old.

Tetrachloroethylene - requires two WPCPs to inspect and sample dry cleaning establishments and develop measures to reduce the influent level of tetrachloroethylene. An interim limit, based on a statistical analysis of discharge levels, is placed in the permit until the compliance schedule is completed.

Sanitary Sewer Projects - Two WPCPs are required to describe and map all current and proposed construction activities within the drainage area that impact the sanitary sewer system and submit a list of significant property owners who have received sewer connection notices.

Recording and Reporting - Monthly operating reports are required to be appended to the DMRs within 30 days of the month following the end of the reporting period.

State Environmental Quality Review (SEQR) Determination: These projects are modifications of existing permitted actions considered to be unlisted actions subject to SEQR. A negative declaration has been prepared and is on file.

State Historic Preservation Act (SHPA) Determination: The proposed activities are not subject to review in accordance with SHPA. The permit type is exempt or the activities is being reviewed in accordance with federal historic preservation regulations.

Coastal Management: These projects are located in a Coastal Management area and are subject to the Waterfront Revitalization and Coastal Resources Act. These changes will enhance water quality by making effluent limitations more stringent.

Opportunity for Public Comment: Comments on these projects must be submitted in writing to the Contact Person no later than August 12, 2002.

Contact: Thomas Engel, New York State Department of Environmental Conservation, Division of Environmental Permits, 4th Floor, 625 Broadway, Albany, N.Y. 12233, (518) 402-9156, e-mail: tdengel@gw.dec.state.ny.us

Public Comment Period

The public comment period for the Seaview Senior Housing project is extended to July 11, 2002, 5:00 pm. All comments must be received at the NYC Economic Development Corporation by that time. The previous public comment period closure date was June 21st, 2002.

The proposed project, Seaview Senior Housing, is the development of a 521-unit senior housing facility (515 senior living units and 6 staff residential units) on a portion of a vacant 50-acre parcel owned by the City of New York. The site is in central Staten Island and forms the north end of the Seaview Hospital campus. The site is surrounded by low density residential development, institutional uses, and portions of the Staten Island Greenbelt. Approximately 11 of the 50 acres will be developed for the project. The remainder of the site will remain open space. The project will serve moderate- and middle-income elderly with both assisted living and independent services.

Contact person: Rachel Belsky, Assistant Vice President, NYC Economic Development Corporation, 110 William Street, 6th Floor, New York, NY 10038, phone: (212) 312-3718.