ENB - STATEWIDE NOTICES

Completed Applications
Consolidated SPDES Renewals

6NYCRR Subpart 43-2 - Notice of Emergency Adoption

Pursuant to the Environmental Conservation Law, Sections 13-0308 and 13-0309, the Department of Environmental Conservation hereby gives notice of the following:

Notice of Emergency Adoption for 6NYCRR Subpart 43-2 relating to Atlantic Ocean surfclams. The notice will be published in issue 9 of the State Register, dated 3/3/2004, and was effective upon filing, February 12, 2004.

For further information contact:
Maureen Davidson, Bureau of Marine Resources
NYSDEC
205 North Belle Mead Road, Suite 1
East Setauket NY 11733
Telephone: (631) 444-0496


6NYCRR Part 10 - Notice of Proposed Rule Making

Pursuant to the Environmental Conservation Law, Sections 11-0303, 11-0305, 11-0317, 11-0319, 11-1301, 11-1303, and 11-1316, the Department of Environmental Conservation hereby gives notice of the following:

Notice of Proposed Rule Making for 6NYCRR Part 10 relating to sportfishing regulations. This notice will be published in issue 8 of the State Register, dated 2/25/2004.

For further information contact:
Shaun Keeler
New York State Department of Environmental Conservation
Bureau of Fisheries
625 Broadway
Albany, NY 12233-4753
Telephone: (518) 402-8928


Public Notice

Public Notice of Review and Comment for the DEC Draft Program Policy, "State Assistance to Municipalities for Landfill Gas Collection and Treatment Systems"

The New York State Department of Environmental Conservation (Department) has prepared the Draft Program Policy entitled "State Assistance to Municipalities for Landfill Gas Collection and Treatment Systems."

This Draft Program Policy establishes a State assistance program for municipal owners or operators of landfills to recover a portion of the costs of design and construction of active landfill gas collection and treatment systems. In 1996 and 1998, Title 4 of Article 56 and Title 5 of Article 54 of the Environmental Conservation Law (ECL) were amended to include funding eligibility of costs associated with installing active landfill gas collection, control and treatment systems at landfills. However, the provisions of 6 NYCRR Part 360-9 have not yet been amended to address these types of landfill gas projects. This Program Policy defines the eligibility criteria and provides the procedures for municipalities to pursue reimbursement for active landfill gas collection and treatment systems at municipally owned or operated landfills. The Policy would be used as guidance for State assistance and reimbursement for the numerous applications the Department has already received for communities seeking reimbursement of costs associated with installing landfill gas collection systems. Municipal owners or operators of landfills who have expended costs associated with design and construction of active landfill gas collection and treatment systems will be eligible to recover up to 50 percent of the associated costs up to a maximum of two million dollars.

The purpose of this funding program is to promote improved air quality at solid waste landfills in New York State and to encourage recovery of the energy present in landfill gas. The benefits of active landfill gas collection and control projects include reductions in greenhouse gases such as methane, offsetting the need for nonrenewable energy resources such as coal and oil, and reduction of the threat of explosive gas migration and odor control from landfills.

The Draft Program Policy can be obtained from the Director of the Bureau of Solid Waste, Reduction and Recycling, 9th Floor, 625 Broadway, Albany, New York, 12233-7253. The Bureau telephone number is (518) 402-8660. It is also available in each of the Departmentís nine Regional Offices from the Regional Solid & Hazardous Materials Engineer. In addition, the Draft Policy can be accessed at www.dec.state.ny.us/website/dshm/sldwaste/gaspolicy.pdf.

Written comments on the Draft Program Policy will be accepted for 30 days from the date of publication of this notice. Written comments should be addressed to Scott Menrath of the Bureau of Solid Waste, Reduction and Recycling, at the above-mentioned address.


Public Notice

ACQUISITION OF PROPERTY FOR STATE PARKLAND

Pursuant to a certain Settlement Agreement and Stipulation of Discontinuance With Prejudice between and among Telesector Resources Group Inc. ("TRG"), the New York State Department of Environmental Conservation (the "DEC"), the Office of the Attorney General of the State of New York, and the State of New York, so ordered by Acting Supreme Court Justice William K. Nelson on April 10, 2001 (the "Settlement Agreement"), TRG agreed to deposit $2,350,000 into an escrow account to be used for the

. . . acquisition of lands and interests in land, and activities related to the acquisition of such lands or interests, such as surveys, transfer fees, experts, and other costs, in the Hudson Highlands, an area on the western side of the Hudson River ranging from lower Rockland County to upper Ulster County, for use as parklands. All such lands and interests in lands shall be acquired by and held in the name of the People of the State of New York under the jurisdiction of the New York State Department of Environmental Conservation (the "DEC"), or held in the name of such other New York State or other governmental entity as may be deemed appropriate by the New York State Department of Environmental Conservation . . .

As contemplated by the Settlement Agreement, the Palisades Interstate Park Commission ("PIPC"), a governmental entity deemed appropriate by the DEC, intends to utilize a portion of the funds to acquire a parcel of property consisting of approximately 16.7 acres. The parcel is situated within the Village of Haverstraw, designated as Village of Haverstraw Tax Map Parcel No. Section 27.17, Block 1, Lot 1, being the same premises described in a deed granted by George W. Renc as Commissioner of Finance of the County of Rockland, to the County of Rockland, dated May 17, 1996 and recorded in the Rockland County Clerkís Office on May 21, 1996 in Book 774 of Deeds at page 3540. A proposed order authorizing the disbursement of funds for the purchase of this property will be submitted to the New York State Supreme Court for the County of Rockland for approval. Upon completion of the acquisitions, the acquired property shall be held and maintained by PIPC as parkland.

As further provided by the Settlement Agreement, interested members of the public are hereby invited to submit comments regarding the proposed acquisitions by close of business on March 18, 2004. All such comments should be sent to:

Hugh L. McLean
Assistant Attorney General
Criminal Prosecutions Bureau
New York State Attorney Generalís Office
120 Broadway Room 22D62
New York, New York 10271-0332


Pursuant to an agreement (the "Agreement") between the Attorney General of the State of New York (the "Attorney General") and Philip Metals, Inc. ("Philip") dated April 6, 2001, Philip agreed to deposit $750,000 into an escrow account to be used for the

"acquisition of lands and interests in land, and activities related to the acquisition of such lands or interests, such as surveys, transfer fees, experts, and other costs, in the Hudson Highlands, an area on the western side of the Hudson River ranging from lower Rockland County to upper Ulster County, for use as parklands. All such lands and interests in lands shall be acquired by and held in the name of the People of the State of New York under the jurisdiction of the New York State Department of Environmental Conservation (the "DEC"), or such other New York State or other governmental entity as may be deemed appropriate by the Office of the Attorney General."

As contemplated by the Agreement, the Palisades Interstate Park Commission ("PIPC") intends to utilize the remainder of the funds to acquire a parcel of property consisting of approximately 16.7 acres. The parcel is situated within the Village of Haverstraw, designated as Village of Haverstraw Tax Map Parcel No. Section 27.17, Block 1, Lot 1, being the same premises described in a deed granted by George W. Renc as Commissioner of Finance of the County of Rockland, to the County of Rockland, dated May 17, 1996 and recorded in the Rockland County Clerkís Office on May 21, 1996 in Book 774 of Deeds at page 3540. Upon completion of the acquisition, the acquired property shall be held and maintained by PIPC as parkland.

As further provided by the Agreement, interested members of the public are hereby invited to submit comments regarding the proposed acquisitions by close of business on March 18, 2004. All such comments should be sent to:

Hugh L. McLean
Assistant Attorney General
Criminal Prosecutions Bureau
New York State Attorney Generalís Office
120 Broadway Room 22D62
New York, New York 10271-0332