Department of Environmental Conservation

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Orange County Department of Public Works

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION

NOTICE OF PUBLIC LEGISLATIVE HEARING, ISSUES CONFERENCE,
AND DEADLINE FOR PETITIONS FOR PARTY STATUS

Applicant: Orange County Department of Public Works
P.O. Box 509
Goshen, NY 10924-0637

Project Location:Orange County Sewer District (OCSD) #1
Harriman Sewage Treatment Plant
72 River Road
Harriman, NY 10926

Applicant's Agent: Harris Beach PLLC, 677 Broadway, Suite 1101, Albany, New York, 12207

DEC Application ID No.:3-3358-00038/00001

Project Description: The Department of Environmental Conservation (DEC) has prepared a draft permit and has made a tentative determination to issue a renewal with modifications to State Pollutant Discharge Elimination Systems (SPDES) permit NY0027901 for the surface discharge of 6.0MGD of treated wastewater from the OCSD #1 Harriman Sewage Treatment Plant. A Notice of Complete Application, updating prior notices, was published in the Environmental Notice Bulletin on December 20, 2017.

The OCSD #1 Harriman Sewage Treatment Plant sends treated sewage through a junction box (outfall 01A) before being discharged through Outfall 001 to a class C portion of the Ramapo River and Outfall 002 near a class A portion of the Ramapo River. Treatment at the facility consists of three separate treatment trains, which share screening and grit removal.

DEC proposes the following modifications to this permit: permit limits, levels and monitoring pages were updated for specific parameters including for total phenolics, copper, and others; addition of a schedule of submittals for installation/operation of a Ramapo stream gauge; addition of three month long short term high intensity monitoring of hardness for specific parameters; addition of a schedule of compliance for total dissolved solids (TDS), chlorides and total residual chlorine (TRC) with requirements for the submission of engineering reports detailing permittee's plan to achieve final effluent limits; addition of whole effluent toxicity testing; sampling location at junction box instead of outfalls; deletion of outfall summation; and updated forms incorporating the latest general conditions. The draft permit may be accessed through the Department web site (follow links to draft SPDES permits). As noted below, documents relating to the application and draft permit may be viewed at DEC offices in New Paltz and Albany.

SEQRA Status: The project is an Unlisted Action under Environmental Conservation Law (ECL) article 8 (State Environmental Quality Review Act [SEQRA]) and 6 NYCRR part 617, and the Department has determined that it will not have a significant adverse impact on the environment. A Negative Declaration is on file with the Department.

Public Legislative Hearing: A legislative hearing pursuant to 6 NYCRR part 624 to hear and receive unsworn comments from the public will be held on Monday, July 30, 2018, beginning at 5:00 p.m., at the Orange County Emergency Services Center, 22 Wells Farm Road, Goshen, New York.All persons, organizations, corporations, or government agencies who may be affected by the project are invited to attend the hearing and comment on the modification application. Lengthy comments should be submitted in writing. Equal weight will be given to oral and written statements. The Administrative Law Judge (ALJ) may limit the time available for oral comments to 5 minutes per person to ensure that all persons have an opportunity to be heard. This location is reasonably accessible to persons with a mobility impairment.

Interpreter services shall be made available to deaf persons, and translator services shall be made available to persons with limited English proficiency, at no charge for either service, upon written request to the ALJ at the address below. Requests must be made at least seven days prior to the hearing.

Written Public Comments:Written comments concerning the application and draft permit may be mailed to Administrative Law Judge Richard A. Sherman at NYSDEC's Office of Hearings and Mediation Services, 1st Floor, 625 Broadway, Albany, New York, 12233-1550, and will be considered equally with oral statements given at the legislative hearing, provided they are received by Wednesday, August 1, 2018.

Issues Conference: A pre-adjudicatory issues conference will be held on Thursday, August 2, 2018, at 9:00 a.m. at the Orange County Emergency Services Center, 22 Wells Farm Road, Goshen, New York, and will continue, if needed, on dates to be determined. The purpose of the issues conference is to define, narrow and, if possible, resolve the issues that are proposed as subjects for adjudication. The known issues are applicant's objections to the Department's draft modifications to permit NY0027901, particularly in relation to limits on TDS, chlorides, total phenolics, and copper; addition of a schedule of compliance for TDS, chlorides and TRC with requirements for the submission of engineering reports detailing permittee's plan to achieve final effluent limits; and addition of a schedule of submittals for installation/operation of a Ramapo stream gauge. Other issues may be proposed for adjudication and must be both substantive and significant in accordance with 6 NYCRR 624.4(c). Participation at the issues conference will be limited to Department staff, applicant, and those persons who have filed a petition for party status as detailed below.

Filing for Party Status and Proposed Issues:Persons seeking to participate at the issues conference and the subsequent adjudicatory hearing, if one is necessary, must file a written petition explaining whether their request is for full party status or amicus status. For the required contents of petitions for full party status, see 6 NYCRR 624.5(b)(1) and (2). To determine whether an issue is substantive, see 6 NYCRR 624.4(c)(2), and to determine whether an issue is significant, see 6 NYCRR 624.4(c)(3). For the required contents of a petition seeking amicus status, see 6 NYCRR 624.5(b)(1) and (3).

All petitions requesting party status to participate at the adjudicatory hearing must be received at NYSDEC's Office of Hearings and Mediation Services no later than 4:00 p.m. on Wednesday, July 25, 2018. Address all petitions to Administrative Law Judge Richard A. Sherman, NYSDEC's Office of Hearings and Mediation Services, 1st Floor, 625 Broadway, Albany, New York, 12233-1550, telephone: (518) 402-9003, email: richard.sherman@dec.ny.gov. At the same time and in the same manner that the petition is furnished to the ALJ, a copy of the petition must be furnished to applicant's attorney, Gene Kelly, Esq., Harris Beach PLLC, 677 Broadway, Suite 1101, Albany, New York, 12207, telephone: (518) 427-9700, email: gkelly@harrisbeach.com, and to Department staff's attorney, Carol Conyers, Esq., 14th Floor, 625 Broadway, Albany, New York, 12233-5500, telephone: (518) 402-9523, email: carol.conyers@dec.ny.gov.

Filing of petitions by email is authorized provided petitions are received by all of the above parties by the 4:00 p.m. deadline, and a conforming hard copy is sent by first class mail and postmarked by the deadline date. Telefaxed petitions will not be accepted.

NYSDEC's permit hearing regulations may be accessed through Department's website, and a guide to permit hearing procedures may be accessed through Department's website.

Adjudicatory Hearing: An adjudicatory hearing will be scheduled if issues are identified for adjudication. Participation at any adjudicatory hearing will be limited to Department staff, applicant, and those persons who have been granted party status.

Document Availability: Filed application documents and the draft permit are available for inspection during normal business hours at NYSDEC's Region 3 Office, 21 South Putt Corners Road, New Paltz, New York 12561, or NYSDEC's Central Office, 625 Broadway, Albany, New York 12233. To ensure timely service at the time of inspection at either location, it is recommended that an appointment be made with Diane Vitarius in New Paltz at (845) 256-3052, or Teresa Diehsner in Albany at (518) 402‑9167.

Statutory and Regulatory Provisions: The application is being processed and this proceeding is being conducted according to ECL article 3 (General Functions), article 8 (Environmental Quality Review, SEQR), article 17, title 8 (SPDES); and article 70 (Uniform Procedures); and 6 NYCRR part 617 (SEQR), part 621 (Uniform Procedures), part 624 (Permit Hearings Procedures), and part 750 (SPDES Permits).

James T. McClymonds
Chief Administrative Law Judge

June 5, 2018
Albany, New York

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