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Kiryas Joel, Village of

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF PUBLIC LEGISLATIVE HEARING, ISSUES CONFERENCE,
AND DEADLINE FOR PETITIONS FOR PARTY STATUS

Applicant: Village of Kiryas Joel
P.O. Box 566
Monroe, NY 10949

Project Location: Village of Kiryas Joel Wastewater Treatment Plant
Bakertown Road
Monroe, NY 10950

Applicant's Agent: Michael G. Sterthous, Esq.
Whiteman, Osterman & Hanna, LLP
One Commerce Plaza
Albany, NY 12260

DEC Application ID No.: 3-3340-00078/00001

Project Description: The Department of Environmental Conservation (Department or DEC) issued a final State Pollutant Discharge Elimination Systems (SPDES) permit (NY 0250520) for the Village of Kiryas Joel Wastewater Treatment Plant on October 16, 2019. Notice of the draft permit was initially published in the Environmental Notice Bulletin on April 18, 2018, and in the Times Herald Record on April 30, 2018. At the request of the Village, the public comment period was extended several times and closed on October 31, 2018. After issuance of the final permit, the Village requested a hearing pursuant to 6 NYCRR 621.10(a)(2).

The issued permit authorizes the surface discharge from the facility of a monthly average design flow of 0.97 million gallons per day (mgd) of treated sanitary and industrial wastewater to an unnamed tributary of the Ramapo River. Treatment at the facility consists of screening, primary sedimentation, rotating biological contactors (RBCs), secondary sedimentation, tertiary filtration, ultraviolet (UV) disinfection and post-aeration. Primary and secondary sludge is dewatered in a gravity thickener and hauled to a landfill for disposal.

The issued permit includes the following conditions: new effluent limits for dissolved oxygen, ammonia (as N), nitrite (as N), total residual chlorine, total copper, total dissolved solids, free cyanide, total unchlorinated phenolics; new action levels for whole effluent toxicity; additional mass limits for total phosphorus; new monitoring requirements for daily maximum flow, ultimate oxygen demand, chloride, sodium, and total Kjeldahl nitrogen; new low priority mercury minimization program; new mini-pretreatment program; and a schedule of compliance with interim effluent limits for dissolved oxygen, ammonia, nitrite, total unchlorinated phenolics, total amendable cyanide, total copper, and total dissolved solids.

The issued permit, along with the Department's fact sheet and response to public comments concerning this permit, may be accessed through the Department's web site at: https://www.dec.ny.gov/permits/6054.html. On this webpage, in the paragraph under the "View SPDES Permits" subheading, click on the highlighted text, then click on the "Region 3" folder, then on the "IndSPDES" subfolder, and then on the subfolder named "NY0250520". As noted below, documents relating to the application and issued permit may also 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, March 30, 2020, beginning at 4:00 p.m., at the Aishes Chayil Women's Services Center, 7 Chevron Road, Monroe, 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 issued permit. 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 per person for oral comments 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 issued permit may be mailed to Administrative Law Judge Michele M. Stefanucci at DEC's Office of Hearings and Mediation Services, 1st Floor, 625 Broadway, Albany, NY, 12233-1550, and will be considered equally with oral statements given at the legislative hearing, provided they are received by close of business, Friday, April 3, 2020.

Issues Conference: A pre-adjudicatory issues conference will be held on Tuesday, March 31, 2020, at 9:30 a.m. at the Aishes Chayil Women's Services Center, 7 Chevron Road, Monroe, NY, and will continue, if needed, on dates to be determined. In accordance with 6 NYCRR 624.4(b)(2), among the purposes of the issues conference are (1) to narrow or resolve disputed issues of fact without restore to taking testimony; (2) to hear argument on whether disputed issues of fact that are not resolved meet the standards for adjudication set forth in 6 NYCRR 624.4(c); and (3) to determine whether legal issues exist whose resolution is not dependent on facts that are in substantial dispute and, if so, to hear argument on those issues. Potential issues raised by the applicant with respect to the issued permit include:

  1. the new WQBEL or other requirements for the following parameters: nitrite, ammonia, total residual chlorine, total dissolved solids, copper, free cyanide, unchlorinated phenolics and phenols, and whole effluent toxicity;
  2. the new monitoring requirements for the following parameters: chloride, sodium, bis (2-ethyhexyl) phthalate, ultimate oxygen demand, and total Kjeldahl nitrogen;
  3. the requirements for mini pre-treatment program;
  4. the issued permit's receiving water classifications;
  5. the failure to consider the effects of the Harriman Waste Water Treatment Plant (WWTP) SPDES permit;
  6. the failure to account for economic impacts and impracticality/impossibility of meeting new effluent limits;
  7. the application of "reasonable potential analysis";
  8. the failure to factor viable alternatives in setting strict effluent limits such as allowing the redirection of the Kiryas Joel Poultry waste stream to the Harriman WWTP;
  9. the issued permit's compliance schedule;
  10. the Negative Declaration; and
  11. whether the Department provided incomplete Freedom of Information Law (FOIL) responses and failed to cooperate in providing relevant records for assessing the relevance of permit modifications.

Additional 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 DEC's Office of Hearings and Mediation Services no later than 4:00 p.m. on Monday, March 16, 2020. Address all petitions to Administrative Law Judge Michele M. Stefanucci, DEC's Office of Hearings and Mediation Services, 1st Floor, 625 Broadway, Albany, NY, 12233-1550, telephone: (518) 402-9003, email: michele.stefanucci@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, Michael Sterthous, Esq., Whiteman, Osterman & Hanna LLP One Commerce Plaza, Albany, NY, 12260, telephone: (518) 487-7600, email: msterthous@woh.com, and to Department staff's attorney, Carol Conyers, Esq., 625 Broadway, 14th Floor, Albany, NY, 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.

DEC's permit hearing regulations may be found at http://www.dec.ny.gov/regs/2488.html, and a guide to permit hearing procedures may be found at http:///www.dec.ny.gov/permits/6234.html.

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, the issued permit, and the Department's fact sheet and response to public comments concerning the issued permit, are available for inspection during normal business hours at DEC's Region 3 Office, 21 South Putt Corners Road, New Paltz, NY, 12561, or DEC's Central Office, 625 Broadway, Albany, NY, 12233. To ensure timely service at the time of inspection, 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), ECL article 8 (Environmental Quality Review, SEQR), ECL article 17, title 8 (SPDES); and ECL 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

February 11, 2020
Albany, New York

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