ENB - STATEWIDE NOTICES

Completed Applications
Consolidated SPDES Renewals

Public Notice

Commissioner Policy CP-39: Use of Enforcement Discretion for Discarded Mercury-Containing Equipment

The New York State Department of Environmental Conservation (Department) has issued Commissioner Policy CP-39, "Use of Enforcement Discretion for Discarded Mercury-Containing Equipment." This policy will take effect on June 16, 2006.

CP-39 is a new Department policy that provides for the use of enforcement discretion by the Department to allow the regulated community to comply with the United States Environmental Protection Agency’s (USEPA) final rule, promulgated in 70 FR 45507-45522 on August 5, 2005, which adds mercury-containing equipment to the Federal Universal Waste Rule 40 CFR Part 273, as an alternative to the existing Department hazardous waste regulations. This Policy will facilitate collection and help ensure proper management of mercury-containing equipment waste pursuant to USEPA’s requirements of 40 CFR Part 273, with supporting language in 40 CFR Parts 260, 261, 264 265 268 and 270 until such time as the Department adopts these USEPA hazardous waste regulations in New York State.

Copies of this Policy can be found on the Department's website, at www.dec.state.ny.us./website/dshm/hzwstman/merequip.html

Questions concerning this Policy may be directed to the Bureau of Hazardous Waste Regulation, Division of Solid & Hazardous Materials, at (518) 402-8633 or by email at sqginfo@gw.dec.state.ny.us .


Public Notice

Clean Water Projects -Information for Applicants and Application for State Assistance Payments for Dam Safety Projects

The New York State Department of Environmental Conservation (Department), has issued application materials for use by municipalities for the cost of Dam Safety Projects which have been approved by the Commissioner of the Department of Environmental Conservation. Statewide, the Clean Water/Clean Air Bond Act of 1996 will provide $6 million for these projects. Pursuant to the State Environmental Quality Review Act, the Department has determined that this action will not result in any significant environmental impacts.

More than nine hundred municipally-owned dams exist in New York State. Bond Act funding is only available to municipalities that own or have sufficient interest in the dam, including rights-of-way and necessary easements. The Department of Environmental Conservation will use the information contained in the application to determine eligibility and establish priority for project funding.

If you have previously submitted an application for Bond Act Dam Safety Project funding and did not receive notification of a grant award, you must reapply to be considered for future funding. To reapply, you must complete and submit a new application form.

If you previously submitted an application for Bond Act Dam Safety Project funding and received a grant award, you may be eligible to reapply for additional project funding. For your project to be considered for additional funding, you must complete and submit a new application form.

The Department of Environmental Conservation (Department) has increased the maximum allowable amount of state assistance funding from $300,000 to 75 percent of total eligible costs or $1,000,000, whichever is less.

The application materials consist of:

(1) A booklet entitled Information for Applicants and Application for State Assistance Payments for Dam Safety Projects which applies to the dam safety projects noted above. This booklet contains information on applicant and project eligibility, evaluation factors, selection processes, state assistance payments and local share.

(2) An application form entitled Bond Act Dam Safety Project Application Form that must be used to apply for dam safety projects.

Application information for Dam Safety projects have been mailed to each potentially eligible dam owner in the state. Copies are also available by calling the Department’s Division of Water at (518) 402-8227 or visiting DEC’s website at: www.dec.state.ny.us/website/bondact/bamenu.html#damapp.

Applications will be accepted continuously until all available funding has been awarded.

Contact: Bill Earley, phone: (518) 402-8227.


Public Notice

Pollution Prevention and Environmental Compliance Coordinating Council Meeting - May 23, 2006

The Pollution Prevention and Environmental Compliance Coordinating Council hereby gives notice that a meeting of the Council will be held from 1:00 - 3:00 p. m., May 23, 2006 at the offices of NYSTAR at 30 South Pearl St, Albany, New York.

Council members include: the New York State Department of Environmental Conservation (DEC), the New York State Environmental Facilities Corporation (EFC), the New York State Department of Economic Development (DED), the New York State Energy, Research and Development Authority (NYSEDRA) and the New York State Office of Science, Technology and Academic Research (NYSTAR).

The Council meeting will discuss the following:

This meeting is open to the public.


Notice of Public Comment Period Extension

Proposed Heightened Permit Requirements For MS4s In The East Of Hudson Watershed

In response to several request from individuals involved or interested in the Proposed Heightened Permit Requirements For MS4s In The East Of Hudson Watershed, the Department has extended the public comment period for 60 days to provide all interested individuals with additional time to review and submit comments on the Proposed Heightened Permit Requirements.

Part III.B.2 of the MS4 State Pollutant Discharge Elimination System (SPDES) General Permit (GP-02-02) requires an MS4 with discharges to an approved TMDL waterbody, that is not meeting the TMDL stormwater (load) allocations, to modify its SWMP to ensure that the reduction of the pollutant of concern specified in the TMDL is achieved. The permit requires that modifications to the SWMP be considered for each of the six minimum measures.

For the owners of regulated municipal separate storm sewer systems (MS4s) in the East of Hudson Watershed, the Department (DEC) has developed heightened requirements that, if the MS4s implement as part of their Storm Water Management Program (SWMP), they will be presumed to be in compliance with the Total Maximum Daily Load (TMDL) Strategy requirements in Part III.B.2 of the General Permit (GP-02-02).

To view the original Environmental News Bulletin announcement that was posted on March 22, 2006 please click on the following link: www.dec.state.ny.us/website/enb2006/20060322/not0.html

Public Comment Period Extension - The comment period runs until June 19, 2006.

Please send all comments to David Gasper, P.E. at djgasper@gw.dec.state.ny.us or NYS Department of Environmental Conservation, Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233-3505.


Public Notice

DEC Announces Third Annual Environmental Excellence Awards - Applications Available

Applications are now available for New York State’s Third Annual Environmental Excellence Awards. This award program recognizes New York’s environmental and conservation leaders who are solving environmental challenges through innovative and environmentally sustainable practices or creative partnerships. Eligible applicants include: businesses, not-for-profit organizations, government (local, state and federal), educational institutions and individuals. To be considered, a project application must result in an environmental benefit beyond what could have been achieved by using standard techniques or complying with regulatory requirements.

The Department has expanded the awards program and is interested in projects that are contributing to the sustainable use of New York’s natural resources or are developing and delivering education programs that advance sustainability and innovation and positively contribute to a trained workforce. The program will continue to consider projects that address pollution prevention, manufacturing process improvements, energy efficiency, environmental justice, waste reduction and recycling, stormwater management, watershed planning, natural resource and habitat protection and restoration, land conservation, and other environmental protection and restoration initiatives. Applicants should be able to demonstrate that they are a leader in their field.

Review criteria will include an assessment of: the environmental benefits; the economic benefits; the innovative approach of the project; the advancement of sustainability; how creative partnerships were created or strengthened by the project; the demonstration of leadership and management commitment to the environment; the demonstration of transferability and the demonstration that practices go beyond standard techniques or compliance requirements. In order to be considered for an award, an applicant must be in compliance with New York Environmental Conservation Law, applicable permits and local laws.

IMPORTANT:. Applications must be postmarked by Friday June 16, 2006. The awards are scheduled to be presented in the fall of 2006.

The application package is available through the DEC’s website: www.dec.state.ny.us, by looking under the "Subject Index" button and selecting "E" or by doing a search for "Environmental Excellence Awards."

Anyone interested in obtaining more information regarding the application and criteria for the awards, should contact Michelle Hinman at the Department of Environmental Conservation, Division of Environmental Permits, 625 Broadway, Albany, NY 12233-1750, telephone (518) 402-9469, fax (518) 402-9168, email mjhinman@gw.dec.state.ny.us.