ENB Region 5 Completed Applications 03/10/2004

The Department has made a tentative determination to approve a modification of SPDES permit NY-0025097, associated with recent improvements to the Keeseville Wastewater Treatment Plant.  The modification will include an increased design flow limit for treated effluent to the Ausable River (Class C) from 300,000 to 700,000 gallons per day, and a total phosphorus limit of 2.00 pounds per day.  A draft permit is available for review.  The new plant employs sequencing batch reactor treatment technology, a new mechanical sludge dewatering system, and chemical treatment for phosphorus removal.  The treatment facility is located at 1858 Route 9, Village of Keeseville.

The applicant proposes an existing discharge of 8,200 gallons per day of treated wastewater to a drainage ditch to Dead Creek, a Class D waterbody, from a sand filter wastewater treatment system associated with a 41 unit mobile home park located on Route 22, 1.5 miles north of Route 374, in the Town of Plattsburgh.  The applicant plans to upgrade and correct deficiencies in the existing system.

The Department has made a tentative determination to issue a State Polutanat Discharge Elimination System (SPDES) permit under Article 17 of the Environmental Conseration Law.  This tentative determination indicates that the discharge regulated under this statute is considered to satisfy regulatory standards for permit issuance, based on information available to the Department at this time.  As a tentative determination, the Department seeks comments on the proposed regulated activity prior to making a final decision on permit issuance.  As such, this tentative determination does not signify Department approval for or endorsement of the activity for which a permit is sought or for the overall proposed project.

Refer to this application by application number listed above and SPDES number, NY 0033502.

The Department has prepared a Draft Permit and has made a tentative determination to approve this application that renews the existing Title V permit for the applicants' wood-fired electrical power plant. The renewed permit will include a Compliance Assurance Monitoring (CAM) plan for emissions of Particulate Matter/Particulate Matter-10. The CAM plan relies primarily upon continuous opacity monitoring equipment and opacity limits that are based upon prior stack test results..

In accordance with 6NYCRR Parts 621.5(d)(9) and 201-6.4(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.