ENB - STATEWIDE NOTICES

Completed Applications
Consolidated SPDES Renewals

Public Notice

Commissioner Policy CP-36 issued on the Cooperative Forester Program

The New York State Department of Environmental Conservation (NYSDEC) has issued a Commissioner Policy CP-36, "Cooperative Forester Program," enabling the Department to establish a cooperative effort with private sector forestry professionals, to enhance landowner awareness of the availability of professional forestry services. This policy supersedes Program Policy DLF-98-3, and will effective in 30 days, on May 6, 2005.

Sections 9-0701 and 9-0713 of the Environmental Conservation Law, Cooperative Forest Management Program (Program), authorize the Department to render forest management assistance to cooperating landowners. Referral of landowners to private sector forestry professionals, which provide forestry assistance essentially equivalent to that of the Department, is a form of assistance to forest land owners consistent with the legislative intent of this program, and complements Department efforts.

The policy is available on the NYSDEC’s website at: www.dec.state.ny.us/website/dlf/index.html .

Copies of this policy may also be obtained by contacting the person indicated below. A responsiveness summary of written comments received during the public comment period is also available.

Contact: Robert K. Davies, Director, Division of Lands and Forests, 625 Broadway, Albany, NY 12233-4250, Telephone (518) 402-9405, Email: lflands@gw.dec.state.ny.us


STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES)
GENERAL PERMIT 0-05-001 PUBLIC NOTICE

The New York State Department of Environmental Conservation (DEC) proposes to issue General Permit 0-05-001 (GP-0-05-001) for wastewater discharges to groundwater under the State Pollutant Discharge Elimination System (SPDES) program. GP-0-05-001 will serve as a renewal of GP 95-01. General Permit 0-05-001 will authorize the subsurface discharge of sanitary waste, without the admixture of industrial wastes, from Private/Commercial/Institutional (P/C/I) facilities between 1,000 and 10,000 gallons per day (GPD.) Upon issuance of this renewal, all permittees currently authorized under GP 95-01 shall be permitted to discharge under GP-0-05-001 and shall be considered authorized without interruption.

General Permit 0-05-001 will only be issued to facilities with on-site treatment systems that are designed in accordance with Design Standards for Wastewater Treatment Works- Intermediate Sized Sewerage Facilities manual (NYSDEC, 1988,) or for facilities in the Lake George Basin, in accordance with Design Standards for Wastewater Treatment Works in the Lake George Basin manual (NYSDEC,1989.) The DEC reserves the right to require any applicant seeking coverage under GP-0-05-001 to apply for an individual SPDES permit. GP-0-05-001 is not authorized in the following environmentally sensitive areas: Special (100-year) flood hazard areas as defined in 42 United States Code 4001; Freshwater wetlands or adjacent areas as defined in Environmental Conservation Law (ECL) Article 24; Tidal wetlands and adjacent areas as defined in ECL Article 25;Coastal erosion hazard areas as defined in ECL Article 34; Wild, scenic and recreational river corridors as defined in ECL Title 27, Article 15; and new facilities to be located in the counties of Kings, Nassau, Suffolk and Queens.

Applicants seeking coverage under GP-0-05-001 will be required to file an application with and receive written authorization from the DEC. New construction and substantive modifications to existing treatment systems require the submission of certification of system design and construction to the DEC prior to commencing discharge.

For those locations where a local health agency has jurisdiction, discharges will not be authorized until the local health agency has issued an approval of on-site treatment works and the applicant has submitted a certification form attesting to that approval and the date the system will be placed in service. In those locations without a local health department approval, applicants must have a professional engineer certify the treatment system.

This project is a Type II action and is not subject to the State Environmental Quality Review Act.

Copies of draft GP-0-05-001, draft application forms and draft certification forms are available on DEC’s website at www.dec.state.ny.us/website/dcs/permits/olpermits/index.html and may be requested from the contact below. Written comments on the draft general permit must be submitted to the contact listed below by close of business May 06, 2005.

Andrea Sheeran
NYSDEC Division of Environmental Permits
625 Broadway
Albany, NY 12233-1750
518-402-9167


Public Hearing Notice For A Proposed Rulemaking On Dental Amalgam.

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
DIVISION OF SOLID & HAZARDOUS MATERIALS

PROPOSED 6 NYCRR SUBPART 374-4 - STANDARDS FOR THE MANAGEMENT OF ELEMENTAL MERCURY AND DENTAL AMALGAM WASTES AT DENTAL FACILITIES AND ASSOCIATED CHANGES TO PART 364, PART 370 AND PART 371

Pursuant to Environmental Conservation Law Section 27-0926, as enacted by Chapter 506, Laws of 2002, the New York State Department of Environmental Conservation (NYSDEC) hereby gives notice of the following:

The NYSDEC will hold a public hearing on the proposed regulations to add a new Subpart 374-4 and associated changes to Part 364, Part 370 and Part 371, of Title 6 of the Official Compilation of Codes, Rules and Regulations (6 NYCRR) of the State of New York.

The rulemaking will aid in the implementation of the amendments (Chapter 506, Laws of 2002) to Title 9 of Article 27 of the Environmental Conservation Law. 6 NYCRR Part 374 will be amended to add a new Subpart 374-4 establishing management standards for any dentist or dental practice that uses mercury or generates mercury-containing dental amalgam wastes. To help maximize the recycling of mercury-containing dental amalgam waste from dental wastewater, management standards in the regulations will require dental facilities to install, properly operate and maintain mercury amalgam separation and collection equipment. The regulation will also specify recycling requirements for elemental mercury and mercury-containing dental amalgam waste generated at dental facilities. Minor technical amendments will also be made to other 6 NYCRR Parts. 6 NYCRR Part 364 will be amended to clarify that elemental mercury and amalgam wastes from dental facilities are exempt from the waste transporter permitting requirements if sent for mercury recovery. 6 NYCRR Part 370 will be amended to add an "incorporation by reference" in regard to the ISO 11143 standard for dental amalgam separator equipment. 6 NYCRR Part 371 will be amended to renumber Part references to reflect the addition of a new Subpart 374-4.

The legislative public hearing will be held as follows:

Date: May 31, 2005
Time: 2:00 p.m.
Location: NYSDEC
Room 129 A/B
625 Broadway
Albany, New York 12233

This hearing location is accessible to handicapped persons. Interpreter services shall be made available to deaf persons at no charge, upon written request within a reasonable time period prior to the scheduled hearing.

All persons, organizations, corporations, government agencies, etc. which may be affected by the proposed amendments are invited to attend the hearing and to submit either written or oral statements. The hearing session will continue until all persons wishing to make statements have been heard. Written statements received prior to the close of the public comment period or during the hearing session and oral statements made at the hearing session will be given equal weight. It is recommended that all statements be submitted in writing.

Written statements may be filed until close of business June 6, 2005 with James Honan, NYSDEC, Division of Solid & Hazardous Materials, 625 Broadway, Albany, NY 12233-7253, and can be faxed to Mr. Honan at 518-402-8681, or e-mailed to dshmwrr@gw.dec.state.ny.us.

The proposed amendments can be found on the Department's web site at http://www.dec.state.ny.us. To obtain additional information, please contact James Honan at (518) 402-8705.


Public Notice

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 #2 to the Drinking Water State Revolving Fund Intended Use Plan issued September 27, 2004 was published in the March 9, 2005 issue of the Environmental Notice Bulletin. The comment period for the Draft Amendment #2 closed on March 24, 2005. 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 27, 2004, to correct the short-term loan closed status, score, and project cost for two DWSRF projects and to adjust the estimated project cost for three DWSRF projects listed on the Project Readiness List. A project description and explanation of the reason for each change and cost increase are included in the table below:

Borrower County Project Description DWSRF # Current IUP Cost Proposed IUP Cost Explanation
(C) Buffalo Erie Upgrade Water Treatment Plant 17180 $12,339,234 $17,339,000 Additional inspections of the facility have identified added improvements that are required in order to further improve overall reliability of the water filtration process, and to improve the longevity of the 80-year-old filter plant and the planned upgrades.
(V) Ellisburg Jefferson Extend system to serve area with private contaminated wells, consolidate public water supply, and eliminate public water supply with past total coliform detections. 17201 $0 $2,942,700 This project was incorrectly listed as closed short term. The score is amended to eliminate the short- term points resulting in a revised project score of 135 points. The actual project that closed short term was DWSRF Project # 17202 (T) Ellisburg and is addressed below. The project cost amount is amended to reflect the original project costs submitted by the applicant.
(T) Ellisburg Jefferson Consolidation of Belleville-Henderson Central School which has E. coli and Nitrate MCL violations. Extend system to serve areas currently served with substandard private wells. 17202 $4,286,900 $0 This project closed short term during the previous funding cycle but was not designated as such. Project # 17201 (V) Ellisburg was incorrectly designated as closed shot term and is addressed above. The score is revised to add the short-term closed points resulting in a revised project score of 1225. The project cost amount is amended to reflect the remaining balance not funded with the short term financing.
(T) Urbana Steuben Extend system to serve area with private contaminated wells, consolidate public water supplies, and eliminate public water supply with past E. coli detection. 16645 $0 $1,000,000 The cost increase is the result of an update of the original project estimate by the engineer. It is attributed to inflation and an increase in material costs, including the significant increase in steel prices since the original project estimate. The current IUP cost reflects the project’s remaining balance not funded with its short-term loan.
(T) Forestport Oneida Upgrade Distribution System, New Ground Water Source 15562 $2,670,000 $3,150,000 The cost increase is the result of an update of the original project estimate by the engineer. It is attributed to inflation and an increase in material costs, including the significant increase in steel prices since the original project estimate.

The Department has determined that the short-term loan closed status changes and project cost increases are necessary, reasonable and consistent with the original project concept. In addition, the scope of the projects has not changed. Although the project priority rankings of the two projects were altered to accommodate the corrections made to their short-term loan closed status, those two corrections and the project cost increases will not adversely affect any other project on the IUP Project Readiness List above the funding line. Except for the above-noted changes, there are no other changes 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.