ENB Region 9 Completed Applications 08/24/2005

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.

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 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.

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 14^th BMP which addresses Infiltration & Inflow was deleted.