ENB Region 8 Completed Applications 06/14/2006

The applicant proposes to replace the existing exposed and damaged sanitary sewer siphon pipes that convey, all wastewater collected in the City of Elmira north of the Chemung River as well as the sanitary waste water from the Town of Elmira, across the Chemung River.  The work will be isolated using sheet pile cofferdams and will include the installation of two new 24 inch and one new 18 inch iron siphon pipes across the river.  It will also include the removal of approximately 380 feet of the existing pipes from the river bed.  The project is located in the Chemung River, in the City of Elmira south of the intersection of East Water and Sullivan Streets.

The applicant proposes to construct and operate a new potable water supply system on the east side of Monroe County.  The project will be located in the Towns of Webster and Penfield and will be comprised of the following facilities:

The purpose of the project is to provide a new drinking water supply system to supplement the applicant's existing production, transmission and distribution system.  The new supply facilities will be developed in stages with an initial supply capacity of 50 million gallons per day (mgd).  Pursuant to the Environmental Conservation Law (ECL), the Department has permit justification in the following regulatory programs:

The Department has received application(s) for each of the jurisdictions listed above and, after an initial review, has made the determination that each is complete to the extent that the application(s) can be made available for public review and comment, and for technical review by Department staff.  The application(s) are described as follows:

With respect to the Public Water Supply application, DEC #8-2699-00097/2 & Number 10,853.

The applicant proposes to take a supply of water estimated to average 35 mgd, and up to 50 mgd, from Lake Ontario.  Project includes installation of the East Side Water Supply system to increase the capacity, reliability and security of the Authority's system. Applications for new or increased withdrawals, consumptive uses or exceptions shall be considered cumulatively within ten years of any application.

With respect to the SPDES application, DEC #8-2699-00097/1 & SPDES # NY-0247367.

The applicant proposes a new, combined discharge of approximately 1.3 mgd of filter backwash and water treatment wastewater, along with collected stormwater flows to Lake Ontario, a Class A waterbody, from the proposed Lake Water Pump Station and Water Treatment facility.  The Department has made a preliminary determination to approve issuance of a SPDES permit for this project under Article 17 of the ECL.  This determination indicates that the discharge is considered to satisfy regulatory standards for permit issuance and that the Department seeks comments on the proposed activity prior to making a final permit decision.

With respect to the Freshwater Wetlands application, DEC #8-2699-00097/3.

The applicant proposes to disturb approximately 2.26 acres of regulated wetland and 4.42 acres of wetland adjacent area, as needed, to construct pipeline infrastructure and surface structures associated with the project.  The project has been designed to minimize encroachments to the extent practicable.  A restoration and re-planting plan will be prepared to mitigate construction impacts.

With respect to the Use and Protection of Waters application, DEC #8-2699-00097/5

The applicant proposes to construct intake and outfall structures on the lake bottom of Lake Ontario.  The intake structure will provide a source of raw lake water for the new water supply system and the outfall will provide a discharge point for water treatment plant filter backwash and collected stormwater.  This permit will also authorize disturbance to regulated streams, as needed, for pipeline crossings and construction of other system infrastructure.

With respect to the application for Water Quality Certification, DEC #8-2699-00097/5

For those project construction activities subject to jurisdiction by the US Army Corps of Engineers (USACOE), the Department will issue certification, pursuant to Section 401 of the Federal Water Pollution Control Act, that such activities will not contravene applicable water quality standards.

With respect to the Coastal Erosion Management application, DEC #8-2699-00097/5

The applicant proposes a temporary use within the Lake Ontario coastal erosion hazard area during initial construction of the new water supply system.  A temporary stormwater outfall pipeline will be placed across the limits of the hazard area while the permanent outfall tunnel is advanced underground across the regulated areas.  A federal coastal consistency assessment form has been completed and submitted to the NYS Department of State.

Copies of the project plans and the draft permits for the Water Supply and SPDES applications are available for review at the DEC Region 8 office in Avon, NY and at the Monroe Co. Water Authority office at 475 Norris Dr., Rochester, NY.

Cargill Inc has submitted an application for renewal of the Title V Facility Permit for its Cargill Salt Company - Watkins Glen Plant, located at 518 E Fourth St in the Village of Watkins Glen.  The facility emits air contaminants from food grade salt production operations, including evaporation, drying, handling, processing, and packaging operations, and from its coal, natural gas, and oil fired process boilers.  The Department has generated a Draft Permit, based on the application received, for Title V Permit renewal.

The Title V Facility Permit was originally issued September 19, 2000, and was modified effective April 17, 2001 to add a mandatory enforcement condition and revised compliance and monitoring conditions to the original Title V Permit.  Operations authorized by the Draft Permit are unchanged from those authorized by the current Permit effective April 17, 2001.

The facility remains subject to 6 NYCRR Part 201-6, Title V Facility Permits for major stationary sources, due to potential emissions in excess of 100 tons per year each, of particulates under 10 microns (PM-10), total particulates, sulfur dioxide (SO2), oxides of nitrogen (NOX), and carbon monoxide (CO), 10 tons per year of individual hazardous air pollutant (HAP) compounds, and 25 tons per year of all HAP compounds combined.

The application, Draft Permit, and Permit Review Report are available for review at the Region 8 NYSDEC office.  The Draft Permit and Permit Review Report may be viewed or downloaded as .pdf files at:   http://www.dec.state.ny.us/website/dardata/boss/afs/draft_atv.html

In accordance with 6NYCRR Parts 621.5(d)(9) and 201-6.4(c), the Administrator of the United States Environmental Protection Agency (USEPA) has the authority to bar issuance of any Title V Facility Permit if it is determined not to be in compliance with applicable requirements of the Clean Air Act or 6NYCRR Part 201.

Persons wishing to inspect the subject Title V files, including the application with all relevant supporting materials, the draft permit, and all other materials available to the DEC (the "permitting authority") that are relevant to this permitting decision should contact the DEC representative listed below.  It is recommended that an appointment be made to confirm the availability of the subject files.  The DEC will endeavor to make the files available within 2 business days of contact, during normal business hours (8:30 am through 4:45 pm), unless the requestor wishes to inspect the files at a later date.

DEC will evaluate the application and the comments received on it to determine whether to hold a public hearing.  A public hearing may be legislative or adjudicatory.  A legislative public hearing is a proceeding which provides an additional opportunity for public comment.  DEC's determination to hold a legislative public hearing will be based on whether a significant degree of public interest exists.  If a legislative public hearing is to be held, a Notice of Hearing will be published which will include the time and place of the hearing and submitting comments.  The applicant and all persons who have filed comments on the permit will be notified by mail of the public hearing. Comments and requests for a legislative public hearing should be in writing and addressed to the Department representative listed below.

An adjudicatory public hearing is a trial type proceeding which provides the opportunity for adjudication on the basis of evidence, including direct testimony and cross examination.  An adjudicatory hearing is held only if substantive and significant issues relating to any findings or determinations the Department is required to make pursuant to the Environmental Conservation Law exist.  A copy of the Department's permit hearing procedures is available upon request or on the Department web site at: http://www.dec.state.ny.us/website/ohms/gudph1.htm

The Department has received an application to create Huron Water District #3 and to take for use therein a supply of water estimated to average 40,000 gallons per day from the Village of Sodus & Town of Williamson sources.  This project includes the installation of 13,100 linear feet of 12 inch watermain, 9,300 linear feet of 8 inch watermain and 1,840 linear feet of 4 inch watermain and appurtenances to serve 94.25 units.  This project also includes a crossing of Third Creek, a Class C(T) stream, for the installation of 12 inch watermain along Ridge Road.  The Department has made a tentative determination to approve this application.  As a tentative determination, the Department is seeking public comments prior to making a final decision on permit issuance.

The Department has made a tentative determination to approve an application for modification of an existing SPDES permit issued to R. E. Ginna Nuclear Power Plant LLC (Ginna Station), a subsidiary of Constellation Energy Group LLC, for an existing discharge of circulating cooling water, service water from pumps, and boiler blowdown of 520 million gallons per day.  The modification involves an Extended Power Uprate (EPU) of 16.8% to 580 Mwe [1775 megawatts-thermal] from current 495 Mwe [1520 megawatts-thermal] operation at the Ginna Station.  This uprate will affect the discharge temperature, delta (Δ) temperature between the discharge temperature and intake temperature, and increase the size of the mixing zone area in nearshore Lake Ontario. Under EPU operating conditions, the difference in temperature would be approximately 25 degrees F in summer (i.e., intake temp > 45 degrees F) and 35 degrees F in winter (i.e., intake temperature < 45 degrees F).  In addition to these changes, this draft permit also incorporates requirements listed in Subpart J of 40CFR125.91- Requirements Applicable to Cooling Water Intake Structures for Phase II Existing Facilities Under 316(b) of the Clean Water Act, includes a Schedule for Compliance for Total Residual Chlorine, and eliminates the impingement and entrainment studies that have been completed.  A 401 Water Quality Certification modification is required to certify that the proposed activity subject to License Amendment by the United States Nuclear Regulatory Commission meets the State water quality standards.  The Department seeks comments on the proposed regulated activity prior to making a decision.  The file is available for review at the NYSDEC Region 8 office.  

The Department has made a tentative determination to approve an application for a modification of an existing SPDES permit for a subsurface sanitary treatment system and for a new industrial SPDES permit application for a subsurface discharge of treated winery waste.  The modification includes the addition of septic tanks and leachfields to treat at total of 10,000 gallons per day of sanitary and kitchen wastes from the restaurant, inn and winery, and a total of 3,000 gallons per day of wine processing wastes.  One leachbed is located west of the Glenora Wine Cellers and the other 6 are located east of the facility.  The Department seeks comments on the proposed activity prior to making a final decision.  The file is available for review and comment at NYSDEC Region.