ENB Region 6 Completed Applications 06/08/2005

The applicant proposes to expand an existing sand and gravel mining operation.  The life of mine boundary will increase from 15.0 acres to 39.0 acres, with the acreage to be affected during the remaining permit term (3 years)  to increase from 15.0 acres to 23.0 acres.  The operation will also include on-site screening of mineral products and the importation of no more than 500 cubic yards of ditch cleanings to be blended with on-site material for commercial sale.  The 39.0 acre parcel is owned by the applicant and is located at the intersection of NYS Route 8 and Hurricane Road in the Town of Norway.

The Department has made a tentative determination to modify the existing SPDES Permit as follows:

Detailed Reasons for Incomplete (or) Summary of Proposed Permit Changes (and/or) Response to Comments:

- Copper is being changed from a Monitor requirement to a limit.

- The following parameters are having their monitoring frequencies reduced: TSS, O&G, Fe,                    Aroclor 1254, 1,1,1-TCA, Vinyl Chloride.

- The following parameters are deleted from the permit: As, Cr, Pb, Mn, 1,1-Dichloroethane.

- A Schedule of Compliance is added to require PCB congener testing for 3 months.

- A water treatment chemical page listing approved WTCs is added to the permit.

- The BMP page has been replaced with a new page which recognizes the the permittee has  already complied with BMP submittal requirements, and DNA requirements have been added.

The draft permit with conditions is available in the Region 6 NYS DEC office in Watertown, New York.

Combined sewers convey both sewage and stormwater. During dry weather the sewers discharge to the local wastewater treatment plant where the effluent is treated to remove pollutants before discharge to the receiving water. During rain events, when storm water enters the sewers, the capacity of the sewer system to convey the combined effluent to the treatment plant is often exceeded and the effluent will discharge directly to the receiving water.

Since CSOs contain mixtures of domestic sewage, storm water runoff, and sometimes, industrial wastewater, they may contain high levels of suspended solids, toxic chemicals, floatable materials and other pollutants that can cause exceedances of water quality standards and use impairments. Such exceedances may pose risks to human and aquatic health and may impair the use and enjoyment of the Nation’s waterbodies.

On April 19, 1994, the United States Environmental Protection Agency (EPA) responded to the CSO problem by officially noticing  the Combined Sewer Overflow Control Policy (Policy).  The purpose of the Policy was to expedite compliance with the requirements of the Clean Water Act by controlling CSO discharges to the Nation’s waters. Six years later, Congress enacted the Wet Weather Water Quality Act of 2000 requiring SPDES permits or orders for CSO communities/permittees to conform to the Policy.

New York State Department of Environmental Conservation (DEC) is authorized to issue NPDES permits in New York State pursuant to a 1975 Memorandum of Agreement with Region II EPA.  NYSDEC issues permits to discharge wastewater  under the State Pollutant Discharge Elimination System (SPDES) program.   As part of this program, DEC issues SPDES discharge permits to CSO communities/permittees.

There are 76communities with almost 1000 CSOs  in New York.  New York is estimated to have about ten  percent of the total national problem of combined sewer overflows.  In consideration of the significant work needed to implement the Policy in New York State, EPA and NYSDEC agreed that DEC would  prioritize the implementation of the policy, starting with  CSO communities that had the greatest water quality impact. DEC has completed implementation of CSO requirements in permits and/or consent orders for those communities. DEC has recently entered into an agreement with EPA to expeditiously modify all remaining CSO SPDES permits in New York State in order to be in compliance with the Clean Water Act.

The CSO requirements include implementing Nine Minimum Controls (NMC) and a Long-Term Control Plan (LTCP). The NMCs are inexpensive technology-based controls that can be used to control CSOs without performing extensive studies. DEC has developed15 Best Management Practices (BMPs), which embody the NMCs and require the control of CSO discharges from combined sewer systems.  The applicable BMPs are to be included in all SPDES permits for combined sewer systems. DEC also developed a checklist as guidance for permittees in preparing their annual BMP reports.

The LTCP consists of more extensive characterization and monitoring of both the combined sewer system and the receiving water, as well as selection and implementation of CSO control alternatives, with the intent of minimizing the impacts of CSOs on water quality. The Policy provides consideration for CSO permittees serving populations under 75,000 such that the scope of the Phase I LTCP may be streamlined on a case-by-case basis at the discretion of the Department.

LTCP requirements are included in the SPDES permits where implementation of the BMPs alone will not result in compliance with the CWA. The LTCP requirement is broken into two phases. Phase I of the  LTCP is a comprehensive study of the combined sewer system and the effect of CSOs on the receiving water quality. Once it is determined whether water quality standards in the receiving water are impacted by CSO discharges, the permittee will, if necessary, research alternatives for mitigation of the impact of CSO discharges and choose one or more of those alternatives for implementation. The permittee will suggest a schedule of construction or implementation of those alternatives, i.e. Phase II of the LTCP, to DEC.

Phase II of the LTCP is the construction and implementation of the alternatives chosen in the Phase I  LTCP. Once the control measures are in place, the permittee is required to perform post-construction monitoring to ensure that the goals of the LTCP and the appropriate water quality standards are met.

The Village of Boonville SPDES permit has been modified to include BMP numbers 14 and 15 along with the required LTCP.  BMP number 14 refers to the characterization and monitoring of the Villages CSO system.  BMP number 15 refers to the requirement of an annual report summarizing implementation of the BMP’s.

The Department has made a tentative determination to modify the existing SPDES permit for the ALCOA west facility (Massena Operations) due to the construction of a new treatment facility for oily and miscellaneous wastewaters; a change in monitoring requirements for stormwater Outfall 008; inclusion of a new test methodology for cyanide, an update of whole effluent toxicity testing requirements, and other minor administrative changes.  The draft permit with conditions is available for review in the Region 6 NYSDEC office in Watertown, New York.

The applicant proposes to construct an access drive and 25' wide x 35'  gravel parking area off the east side of County Route 27, approximtaley 500' north of County Route 27 and Thurstim Road intersection.  The project would provide safe off road parking and access to approximately 5 acres of isolated upland property for family members.  A foot bridge over Plumb Brook is also proposed.  The site would directly impact regulated freshwater wetland DG-6, a 49 acre Class II wetland, and an Alder wetland at this location.  No other upland area is available for access.