ENB - STATEWIDE NOTICES

Completed Applications
Consolidated SPDES Renewals

Rescission - Division of Solid & Hazardous Materials Technical and Administrative Guidance Memoranda

Following review of its Technical Administrative Guidance Memoranda (TAGMs), the Division of Solid & Hazardous Materials (DS&HM) in the New York State Department of Environmental Conservation (Department) has rescinded the following TAGMs. Rationale for rescission specific to each TAGM is provided below:

HW-90-03 (Previous #3012)

Referring Enforcement Action to the Division of Environmental Enforcement (effective 05/31/90). This TAGM describes the policy and procedures to be followed by DS&HM staff in preparing memoranda referring enforcement actions to the Division of Environmental Enforcement. It is now rescinded because updated internal administrative procedures have been adopted.

HW-90-01 (Previous #3003)

Hazardous Waste Facility Inspection Program (effective date 05/31/90). this TAGM describes the policy and procedures to be followed by DS&HM staff when inspecting hazardous waste facilities and when enforcing actions against generator facilities which store hazardous waste beyond 90 days. It is now rescinded because the guidance is out of date.

It is anticipated that new guidance will be developed. In the interim, for questions concerning this TAGM, please contact Thomas Killeen (518-402-8612).

HW-93-11 (Previous #3027)

Tank and Container Facility Closure (effective 09/20/93). This TAGM provided guidance on the procedures to be followed when closing hazardous waste tank and container facilities. It is now rescinded because the procedures included in the TAGM do not reflect current practice.

It is anticipated that new guidance will be developed. In the interim, for questions concerning this TAGM, please contact Daniel Evans (518-402-8605).


Clean Water State Revolving Fund (CWSRF) for Water Pollution Control
Drinking Water State Revolving Fund (DWSRF)

Draft 2004 Intended Use Plans (IUPs)
Public Meeting & Hearing; Comments; Applications

The New York State Environmental Facilities Corporation (EFC), the Department of Environmental Conservation (DEC) and the Department of Health (DOH) are pleased to announce the availability of the draft Federal Fiscal Year (FFY) 2004 Intended Use Plans (IUPs) for the Clean Water State Revolving Fund (CWSRF) and the Drinking Water State Revolving Fund (DWSRF). The IUPs include lists of projects that could receive low interest financing between October 1, 2003 and September 30, 2004, the next IUP financing period.

ELIGIBLE PROJECTS:

CWSRF - Types of municipal point source and nonpoint source water pollution control projects eligible for CWSRF low interest financing include: sanitary sewers; wastewater treatment plants and pumping facilities; combined sewer overflow abatement facilities; security measures for wastewater treatment plants and sewer systems; water supply filter backwash and sludge handling facilities; landfill closure or capping projects; landfill leachate collection, storage and treatment facilities; landfill gas collection and control facilities; aircraft deicing fluid collection, storage and treatment facilities; storage facilities for highway deicing materials; leaking underground storage tank closure and remediation; stormwater pollution abatement facilities; stormwater management facilities; Brownfields remediation; and other municipally-owned projects or portions of projects that maintain, protect or improve water quality. Municipalities and not-for-profit organizations may apply for CWSRF financing for the acquisition of land to (1) protect water quality under Section 319 of the Clean Water Act or (2) to implement an approved National Estuary Plan under Section 320 of the Clean Water Act.

DWSRF - Types of municipal and privately-owned public water supply system projects eligible for DWSRF low interest financing and financial hardship assistance include: construction and rehabilitation of water treatment plants; transmission and distribution mains; storage facilities; pump stations; interconnections; new drinking water sources; consolidation of water supplies; and upgrades to existing water systems.

INTENDED USE PLANS & PROJECT LISTING:

Projects must be included on the Project Priority Lists (PPLs) in the IUPs to receive State Revolving Fund (SRF) financing. Municipalities, not-for-profit organizations or public water supply systems interested in financing one or more projects not currently listed in the draft CWSRF IUP or draft DWSRF IUP should submit the appropriate IUP project listing information before Friday, August 15, 2003 to the DOH for DWSRF projects and before Friday, August 15, 2003to the EFC for CWSRF projects. For assistance with the IUP listing process, please call the EFC or DOH office listed at the end of this notice.

For CWSRF projects, a municipality must provide an approvable engineering report or technical report to be listed for a long-term financing of point source or nonpoint source projects in the Annual List of the CWSRF IUP or to submit an application for any type of CWSRF financing. For listing a land acquisition project, a municipality or not-for-profit organization must provide an acceptable "land acquisition plan". CWSRF projects will be financed to the extent that sufficient funds are available for long-term and short-term financing for the effective period of the CWSRF IUP.

For DWSRF projects, an applicant must have submitted an engineering report or plans and specifications to the DOH by August 15, 2003, or have completed construction, to be included on the Project Readiness List in the final DWSRF IUP. DWSRF projects will be financed to the extent that sufficient funds are available for the effective period of the DWSRF IUP.

The draft FFY 2004 IUPs will be mailed to certain municipal officials, system owners, financial advisors, consulting firms, not-for-profit land trust organizations and other interested parties. Copies of the draft IUPs will be available at New York State Documents Depository Libraries. The CWSRF IUP will also be available on the EFC '''web page" at www.nysefc.org (select "Clean Water" or "What's New"). The DWSRF IUP will also be available on the DOH "web page" at www.health.state.ny.us (select "Information for Consumers"; "Environmental and Occupational Health"; "Drinking Water").

DUE DATE FOR COMMENTS:

Written statements or comments on the draft IUPs can be filed prior to the July 22, 2003 public meeting and hearing, at the hearing, and after the hearing until the end of the comment periods. Written and oral statements will be made part of the official records. Written statements or comments on the draft IUPs should be filed with the following programs by close of business on the dates as indicated below:

CWSRF Program:
Submit comments by: Friday, August 15, 2003
Submit comments to: Mr. Robert Davis, PE
Director, Program Management Division
New York State Environmental Facilities Corporation
625 Broadway
Albany, New York 12207-2997
FAX: (518) 402-7456

DWSRF Program:
Submit comments by: Friday, August 15, 2003
Submit comments to: Mr. Michael Burke, PE
Director, Bureau of Water Supply Protection
New York State Department of Health
547 River Street, Flanigan Square, Room 400
Troy, New York 12180
FAX: (518) 402-7659

PUBLIC MEETING & HEARING:

A joint public meeting and hearing will be held to review the draft FFY 2004 CWSRF IUP and DWSRF IUP. The date, time and location of the public meeting and hearing is provided below. Pre-registration is not required. Reasonable accommodations will be provided for disabled persons if requested in advance.

DATE CITY/COUNTY TIME LOCATION
Tuesday July 22, 2003 City of Albany Albany County 1:00 PM NYS Department of Environmental Conservation & NYS EFC Building Public Assembly Room #129 B 625 Broadway (off I-787) Albany, NY (800) 882-9721
Directions to DEC/EFC Building at 625 Broadway, Albany

Directions from the South: Take I-87, the NYS Thruway to Exit 23. Get onto I-787 North and take Exit 4, Downtown Albany.

Directions from the North & West: From the West, take NYS Thruway to Exit 24 and get onto I-90 East. From the North, take the Adirondack Northway to Exit 1E and get onto I-90 East. Past Exit 6, take the ramp for I-787 South and take Exit 4A, Colonie/Columbia Street.

Parking: The Columbia Street Municipal Parking Garage is on the south side of 625 Broadway and the Quackenbush Square Parking Garage is on the north side.

Detailed directions are available on EFC's web site at www.nysefc.org or by calling EFC's toll-free information line at (800) 882-9721.

APPLICATION PACKAGES & DUE DATES:

Copies of the FFY 2004 CWSRF and DWSRF Application Packages will be mailed to applicants with projects on the draft 2004 CWSRF or DWSRF IUPs that may be ready for financing during this IUP financing period (October 1, 2003 to September 30, 2004). Copies of the application packages will also be available at the public meeting and hearing. For a copy of the FFY 2004 CWSRF or DWSRF Application Package, please call the EFC office listed at the end of this notice or refer to the web page.

The CWSRF and DWSRF Application Packages can be used to apply for both short-term and long-term financing. Short-term loans can finance project design and construction start-up costs until the short-term financing can be rolled over into a long-term financing. Multiple projects can be financed with one long-term financing if the projects are ready in the same IUP financing period and are fundable on the PPL. The CWSRF and DWSRF can also be used to prefinance or co-fund projects that anticipate receiving total or partial project financing from grant reimbursement programs, loans and other sources. There is a separate DWSRF Application Package to be used by privately-owned water systems when applying for DWSRF financing. There is also a separate application package to be used by not-for-profit organizations applying for CWSRF financing of land acquisition projects.

Applications for CWSRF and DWSRF financing are accepted on a continuous basis. Complete applications for the Winter Pool long-term leveraged financings must be submitted by October 1, 2003 for the CWSRF program and by October 1, 2003 for the DWSRF program, with closing targeted for early March 2004. Complete applications for the Summer Pool long-term leveraged financings must be submitted by March 1, 2004 for both SRF programs, with closing targeted for late July 2004. Complete applications for CWSRF direct long-term financing or short-term financing must be submitted before May 3, 2004 for financing in this IUP period. Complete applications for DWSRF non-hardship direct long-term financing or short-term financing must be submitted before May 3, 2004 for financing in this IUP period. Applicants who have received a DWSRF confirmation letter regarding a hardship determination on their project should submit the application package prior to the date indicated in their confirmation letter.

CWSRF short-term financing will be available for projects on the IUP Multi-Year project list that have high enough priority scores to be fundable on the Annual PPL and that meet all applicable application requirements. Short-term applications will be accepted on a first come/first served basis, up to the amount available for short-term financing. Some applicants constructing sewage treatment projects serving residential areas may qualify for reduced interest or interest-free direct long-term financing based on submittal of a CWSRF hardship application and a subsequent determination of financial hardship.

DWSRF short-term financing will be available for projects on the IUP Project Readiness List that have a project priority score placing the project above the funding line on the IUP and that meet all applicable application requirements. DWSRF short-term financing is limited to an amount not to exceed one-third of the estimated total project costs, including a short-term administration fee, as set forth in the Project Readiness List. Recipients of DWSRF hardship confirmation letters will not be subject to the one-third IUP cost limitation or the administration fee. Some eligible disadvantaged communities may apply for DWSRF Additional Financing Subsidies (Grants) beyond the interest-free rate. DWSRF Financial Hardship Application Forms will be accepted by DOH and EFC on a continuous basis during the 2004 IUP period. However, Hardship Application Forms received after December 1, 2003 will be considered for a loan only financial hardship assistance package during the current IUP period.

EFC & DOH CONTACTS:

For a copy of the draft FFY 2004 IUP, assistance with the IUP listing process, or for information on these SRF programs, please contact:

CWSRF: Mr. David Morseman
Program Services Representative III
Program Management Division
New York State Environmental Facilities Corporation
625 Broadway
Albany, New York 12207-2997
(800) 882-9721 (within NYS only) or (518) 402-7433
FAX: (518) 402-7456
EFC web site: www.nysefc.org

DWSRF: Mr. Charles Amento
Bureau of Water Supply Protection
New York State Department of Health
547 River Street, Flanigan Square, Room 400
Troy, New York 12180
458-1158 ext. 27650 (within NYS only) or (518) 402-7650
FAX: (518) 402-7689

LISTING FORMS & APPLICATION PACKAGES:

For a copy of the CWSRF Project Listing Form, the DWSRF Pre-Application Form, the CWSRF or DWSRF Application Package, or the CWSRF or DWSRF Financial Hardship Application, please contact Mr. Morseman at the above EFC address or phone number.


Final Amendment # 4 to the Drinking Water State Revolving Fund Intended Use Plan issued September 26, 2002.

DRINKING WATER STATE REVOLVING FUND
New York State Department of Health
Bureau of Water Supply Protection
Flanigan Square, 547 River Street
Troy, NY 12180-2216
and
New York State Environmental Facilities Corporation
625 Broadway
Albany, NY 12207-2997

MUNICIPALITIES AND OWNERS/OPERATORS OF PUBLIC DRINKING WATER SUPPLY SYSTEMS
New York State Drinking Water State Revolving Fund Intended Use Plan

Draft Amendment #4 to the Drinking Water State Revolving Fund Intended Use Plan issued September 26, 2002 was published in the June 4, 2003 issue of the Environmental Notice Bulletin. The comment period for the Draft Amendment #4 closed on June 19, 2003. The New York State Department of Health received no public comments pertaining to this amendment. Therefore, the amendment to the Drinking Water State Revolving Fund Intended Use Plan is final as shown below:

The New York State Department of Health (DOH) and the New York State Environmental Facilities Corporation (EFC) amended the Drinking Water State Revolving Fund (DWSRF) Final Intended Use Plan (IUP) dated September 26, 2002, to adjust the estimated project cost for one DWSRF project listed in the Project Readiness List. A project description and explanation of the reason for the cost increase are included in the table below:

Borrower County Project Description DWSRF # Current IUP Cost Proposed IUP Cost Explanation
Niagara Falls Public Water Authority Niagara Acquisition of the City of Niagara Falls Water System 17101 $41,727,063 $53,000,000 The cost increase is the result of the inclusion of required credit insurance, debt service reserve fund, and refined project costs.

The Department has determined that the project cost increase is necessary, reasonable and consistent with the original project concept. In addition, the scope of the project has not changed, nor have we altered the project priority rankings in any way. The project cost increase will not adversely affect any other project on the IUP Project Readiness List above the funding line. A portion of the proposed IUP cost increase for the Niagara Falls Public Water Authority project is related to required borrower debt service reserve funds that do not receive subsidy from the DWSRF. Except for the above-noted change, there is no other change to projects listed on the Project Readiness List or to the project priority rankings."

The revised Project Readiness List may be obtained by calling DOH's toll free information line at 1-800-458-1158, extension 27676 (within New York State only) or (518) 402-7676.