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ENB Region 9 Completed Applications 07/07/2021

Chautauqua County


Town of Cherry Creek
6845 Main St
PO Box 98
Cherry Creek, NY 14723 -0098


Cherry Creek Wastewater Treatment Plant
Southside Ave
Cherry Creek, NY 14723

Application ID:


Permit(s) Applied for:

Article 17 Titles 7 & 8 Municipal SPDES - Surface Discharge

Project is Located:

Cherry Creek, Chautauqua County

Project Description:

The New York State Department of Environmental Conservation (DEC) is pursuing a Department Initiated Modification (DIM) to the State Pollutant Discharge Elimination System (SPDES) Permit No. NY0204081 pursuant to 6 NYCRR Part 750-1.18 and 750-1.19, the priority ranking system known as New York State's Environmental Benefit Permit Strategy (EBPS).

The Cherry Creek Wastewater Treatment Plant has a design flow of 0.06 million gallons per day (MGD) and discharges treated sanitary wastewater into Little Cherry Creek. The treatment system includes a primary clarifier, a rotating biological contactor, a post aeration tank, and ultraviolet disinfection.

The proposed modifications include the addition of the following to the permit: new seasonal effluent limits for Ammonia expressed as Total Ammonia Nitrogen (1.5 mg/l for June 1 to October 31 and 2.2 mg/l for November 1 to May 31); a new effluent limit for BOD5 (5 mg/l); a new effluent limit for Total Suspended Solids (10 mg/l); a Schedule of Compliance and Schedule of Submittals for the achievement of the new effluent limits; and a Mercury Minimization Plan. As a result of the EBPS review, a new five year permit term is proposed.

A draft permit and fact sheet are available for review and may be viewed and printed from the DEC website at: Requests for a legislative (public statement) hearing must be sent in writing to the DEC contact person below by the comment deadline. The Department assesses such requests pursuant to 6 NYCRR Section 621.8.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with the contact person.

State Environmental Quality Review (SEQR) Determination:

Project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was not performed.

SEQR Lead Agency: None Designated

State Historic Preservation Act (SHPA) Determination:

The proposed activity is not subject to review in accordance with SHPA. The application type is exempt and/or the project involves the continuation of an existing operational activity.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

DEC Commissioner Policy 29, Environmental Justice and Permitting (CP-29)

It has been determined that the proposed action is not subject to CP-29.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Aug 06, 2021.


Michelle R Woznick
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203

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