Region 9 SEQR and Other Notices Region 9 SPDES Renewals

ENB Region 9 Completed Applications 08/24/2005

Erie County

Applicant: 5201 River Road Inc
2760 Kenmore Ave
Tonawanda, NY 14150
Facility: Riverview Commerce Park
5201 River Rd
Tonawanda, NY 14150
Application ID: 9-1464-00260/00001
Permit(s) Applied for: Section 401 - Clean Water Act Water Quality Certification
Article 15 Title 5 Stream Disturbance
Project is Located: Tonawanda, Erie County
Project Description:
The applicant proposes to construct a bridge and access road over Rattlesnake Creek at 5201 River Road in order to enter the back portion of the property to develop Riverview Commerce Park. The applicant is also seeking Water Quality Certification for the unavoidable impacts to 1.02 acres of federal wetlands and 0.59 acres of ephemeral drainages. One of the three mitigation areas totalling 2.71 acres, comprised of emergent and wet meadow with shrub covered side slopes, having water depths of 6-8 inches, would be constructed within 50 feet of the stream. The US Army Corps of Engineers is in the process of remediating the site for radiological contamination of Rattlesnake Creek. Application documents are available for review and comment at the regional office during normal business hours.
State Environmental Quality Review (SEQR) Determination:
A draft environmental impact statement has been prepared on this project and is on file.
SEQR Lead Agency:
Tonawanda Town Board
State Historic Preservation Act (SHPA) Determination:
A cultural resources survey has been completed. The report of the survey is on file. No archaeological sites or historic structures were identified at the project location. No further review in accordance with SHPA is required.
Coastal Management:
This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.
Opportunity for Public Comment:
Comments on this project must be submitted in writing to the Contact Person no later than Sep 12 2005.
Contact: Douglas E Borschel
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
r9dep@gw.dec.state.ny.us

Niagara County

Applicant: City of Lockport
1 Locks Plz
Lockport, NY 14094 -3623
Facility: Lockport STP
611 West Jackson St
Lockport, NY 14094 -1736
Application ID: 9-2909-00026/00001
Permit(s) Applied for: Article 17 Titles 7 & 8 Municipal SPDES
Project is Located: Lockport, Niagara County
Project Description:
Background:
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:

“The CSO Policy represents a comprehensive national strategy to ensure that municipalities, permitting authorities, water quality standards authorities and the public engage in a comprehensive and coordinated planning effort to achieve cost effective CSO controls that ultimately meet appropriate health and environmental objectives.”

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.

Need to Modify Permit.
On May 1, 2005, staff from the USEPA Region II performed a CSO Compliance Evaluation Inspection (CEI) at your facility.  This CEI revealed that the SPDES permit needs to include additional CSO requirements in order to meet the objectives of the Policy.  After reviewing the permittee’s ongoing CSO control efforts, DEC determined that the SPDES permit should be modified to include applicable CSO Long Term Control Plan requirements in accordance with the EPA’s Policy.

Other changes to the Permit:
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 Lockport Wastewater Treatment Plant.  The current 14th BMP which addresses Infiltration & Inflow was deleted.



State Environmental Quality Review (SEQR) Determination:
Project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was performed.
SEQR Lead Agency:
NYS Department of Environmental Conservation
State Historic Preservation Act (SHPA) Determination:
The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.
Coastal Management:
This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.
Opportunity for Public Comment:
Comments on this project must be submitted in writing to the Contact Person no later than Sep 23 2005.
Contact: Andrea Sheeran Glick
NYSDEC Headquarters
625 Broadway
Albany, NY 12233
(518)402-9167
depprmt@gw.dec.state.ny.us

Region 9 SEQR and Other Notices Region 9 SPDES Renewals