ENB Region 4 Completed Applications 08/17/2005

The applicant proposes to recreate the channel of Fall Clove Brook through a gravel bar to better align with an existing driveway culvert and to reposition existing rip rap along new channel.  The project site is located on Fall Clove Road just south of the Bussey Hollow Road intersection.

The applicant proposes to place heavy stone rip rap along 250 feet of eroded streambank of the West Branch of the Delaware River and to interplant it with willows for stabilization.  The site is located on the Back River Road just downstream of the Hamden Covered Bridge.

The applicant proposes to increase the flow from an existing discharge of .50 million gallons per day (mgd) of treated wastewater to .70 mgd to meet future business and residential needs. A draft permit is available for review and comment at the Stamford sub-office.  The department has made a tentative determination to modify this permit for a State Pollutant Discharge Elimination system permit under Article 17 of the Environmental Conservation law.  This tentative determination indicates that the discharge regulated under this statue 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 NY0021555.

The applicant proposes to construct shallow water areas through the Wetland Reserve Program to restore wetland values and wildlife habitat within freshwater wetland BS-6. Two 3 foot high embankments and three 4 foot deep potholes will be constructed.  The project site is located approximately 1 mile north of the SR 23/CH 18 intersection.  

The applicant proposes to construct a driveway for a single family residence, which would require fill in an area 16' wide, and 165' long, including the installation of a 12" culvert.  The project is located adjacent to freshwater wetland AP-1, off Oak Tree Lane in the Town of Brunswick, Rensselaer County.

The applicant proposes to reconstruct an existing bridge and widen the road from18 feet to 28 feet to accomodate traffic, resulting in approximately 0.22 acres of wetland impacts. The project is located on Macha Lane in the Town of East Greenbush.

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 these permits to discharge wastewater under the State Pollutant Discharge Elimination System (SPDES).   As part of this program, DEC issues SPDES discharge permits to Publicly Owned Treatment Works and municipally owned Combined Sewer Overflows (CSOs).

On April 19, 1994,  the United States Environmental Protection Agency (EPA) published the CSO Control Policy (Policy) in the Federal Register. The purpose of the policy is to expedite compliance with the requirements of the Clean Water Act by controlling CSO discharges to the Nation’s waters.  The Policy requires the States to develop site-specific National Pollutant Discharge Elimination System (NPDES) permit requirements for all combined sewer systems that overflow as a result of wet weather events. The Federal Register notice asserts that:

Under the SPDES program authorization,  NYSDEC is responsible to issue discharge permits  that are consistent with the EPA CSO Policy  for both  POTWs with CSOs and municipally owned CSO facilities.

On May 2, 2005, the United States Environmental Protection Agency (EPA) staff performed an inspection of the facility’s Combined Sewer Overflow (CSO) program.  It was concluded that:

The existing permit contains only the 13 CSO Best Management Practices (BMP) but no permit conditions for Long Term Control Plan;

The City of Schenectady (City) is in compliance with the existing permit conditions for CSOs;

Two CSO outfalls are associated with this SPDES permit;

The frequency of overflows is less than six annually;

The sewer system is separate but there were cross connections between storm sewers and sanitary sewers that have been sealed;

The system may be classified as Sanitary Sewer Overflows (SSO) rather than CSOs.

Also, on June 30, 2005, the permittee submitted a report titled “Sewer System Evaluation Report.”  The report showed an average of 97.49 percent of CSO capture by volume during 1995 through 2005 satisfying the criteria National CSO Control Policy  requiring a permittee to eliminate or capture for treatment a t least 85 percent of the system-wide CSO by volume during precipitation events.  However, DEC determined that permittee needs to comply with other special conditions to further reduce the volume  of untreated CSO discharges.  DEC considered the previous CSO control efforts in making this determination.

Updated permit pages were used, including a page titled: Permit Limits, Levels and Monitoring Definitions.  The monitoring page contains an updated diagram of the facility showing locations of sampling points.

The address for the Bureau of Water Compliance on the Recording, Reporting and Monitoring page has been changed.

A continuation of the Discharge Notification Act requirements was added.

References to General Conditions were replaced with 6 NYC RR Part 750.

An updated 15 CSO BMPs page was added which includes the current CSO Best Management Practices language for the Schenectady WPCP.

An updated flow diagram showing monitoring location and a map showing the location of the outfalls were included permit.