ENB Region 9 Completed Applications 12/24/2003

The NYS Department of Environmental Conservation proposes to modify State Pollutant Discharge Elimination System (SPDES) Permit No. NY-0031844 for the existing discharge of 0.155 million gallons per day of treated sanitary wastewater from the Village of Belmont Wastewater Treatment Plant (WWTP) to the Genesee River.  The draft permit modification resulted from full technical review under the Department's Environmental Benefit Permit Strategy.  The draft permit modification contains a final effluent limitation that is more restrictive for Biological Oxygen Demand (BOD).  A compliance schedule is included in the modified draft permit requiring short term monitoring of the final effluent for the parameters of copper, zinc, cyanide, phenols, silver, nickel, lead, chromium, cadmium and beryllium at a once per month frequency for a twelve month duration.  The Village of Belmont WWTP is located at the corner of Erie and Willard Streets in Belmont.  The draft permit, fact sheets and supporting documents are available for review and comment at the address below.  Refer to this application by the application number listed above and by SPDES Number NY-0031844.    

The Department has prepared a draft permit (NY0091464) and made a tentative determination to approve the discharge of 1,450 gallons per day of treated sanitary waste water to storm drainage which flows to tributary 15 of Buffalo Creek. Tributary 15 has a classification of B and a standard of B.  A copy of the application and the draft permit are available for review and comment at the regional office during normal business hours.

The Department has prepared draft permit and made a tentative determination to approve the renewal of the existing Title V permit for the facility on Buffalo Avenue which uses electric arc furnaces and processing mills to produce materials for use by other manufacturers in the production of abrasive products. Dust collectors control particulate emissions associated with the manufacturing processes. The particulate matter generated is regulated by 6 NYCRR Parts 212.3(b) and 212.4(c) with allowable emission limits of .15gr/dscf and .05gr/dscf respectively. An operational flexibility plan has been included in the proposed permit as allowed by 6NYCRR Part 201-6.5(f)(2).

In accordance with 6NYCRR Parts 621.5(d)(9) and 2016.4(c), the Administrator of the United States Environmental Protection Agency (USEPA) has the authority to bar issuance of any Title V Facility Permit if it is determined not to be in compliance with applicable requirements of the Clean Air Act or 6NYCRR Part 201. Persons wishing to inspect the subject Title V files, including the application with all relevant supporting materials, the draft permit, and all other materials available to the DEC (the "permitting authority") that are relevant to this permitting decision should contact the DEC representative listed below.  It is recommended that an appointment be made to confirm the availability of the subject files.  The DEC will endeavor to make the files available within 2 business days of contact, during normal business hours (8:30 am through 4:45 pm), unless the requestor wishes to inspect the files at a later date.  DEC will evaluate the application and the comments received on it to determine whether to hold a public hearing.  A public hearing may be legislative or adjudicatory.  A legislative public hearing is a proceeding which provides an additional opportunity for public comment. DEC's determination to hold a legislative public hearing will be based on whether a significant degree of public interest exists. If a legislative public hearing is to be held, a Notice of Hearing will be published which will include the time and place of the hearing and submitting comments. The applicant and all persons who  have filed comments on the permit will be notified by mail of the public hearing. Comments and requests for a legislative public hearing should be in writing and

addressed to the Department representative listed below.  An adjudicatory public hearing is a trial type proceeding which provides the opportunity for adjudication on the basis of evidence, including direct testimony and cross examination.  An adjudicatory hearing is held only if substantive and significant issues relating to any findings or determinations the Department is required to make pursuant to the Environmental Conservation Law exist.  A copy of the

Department's permit hearing procedures is available upon request or on the Department web site at: http://www.dec.state.ny.us/website/ohms/gudph1.htm