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ENB Statewide Notices 11/3/2021

Public Notice

Pursuant to the Environmental Conservation Law sections Article 1, Title 1, Section 1-0101; Article 3, Title 3, Section 3-0301, Sub-section 1(a), (b), (c), (d), (e), (h) (f), and (p); Article 9, Title 1, Section 9-0105, (1), (2), and (3); Article 11, Title 21, Section 2101 (a), (b), (c), and (d). The New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Adoption to revise Title 6, Chapter 1, Sub-chapter G of NYCRR by repealing Part 51 which regulates public use of Wildlife Management Areas, replacing it with a new Part 51 and simultaneously, repealing Parts 61, 75, and 84 of the same subchapter. This notice will be published in issue 44 of the State Register, dated November 3, 2021.

For further information, please contact:

Marcelo J. del Puerto
NYS DEC - Division of Fish and Wildlife
625 Broadway, 5th Floor
Albany, NY 12233-4754
Phone: (518) 402-8883

The New York State Department of Environmental Conservation (NYS DEC) has prepared the proposed Program Policy: Guidance for Renewing or Modifying an Existing Part 360 Permit for Construction and Demolition Debris Landfills Three Acres or Less in Area

This proposed Program Policy is written to establish operational requirements for existing construction and demolition debris landfills that are three acres or less in area (L3 Landfills) and were permitted under Section 360-7.3 of the 6 NYCRR Part 360 Series regulations in effect before November 4, 2017. The 6 NYCRR Part 360 Series regulations are used in conjunction with other state and federal regulations to regulate the landfills in New York State.

This document, issued by NYS DEC Bureau of Solid Waste Management, provides guidance for the implementation of and compliance with the Part 360 Series with respect to the continued operations of L3 Landfills and outlines the options for L3 Landfills at the time of Part 360 permit expiration, renewal or permit modification. This policy provides guidance to NYS DEC staff, facility owners and operators of L3 Landfills, and the general public. The guidance contained in this policy is intended for use in conjunction with NYS DEC's permitting and regulatory authority found in the 6 NYCRR Part 360 Series regulations.

An L3 Landfill can operate with the existing low permeability liner system until its current permit expires, is renewed, or is modified. The following represents a summary of the options for the L3 Landfills at the time of permit expiration, renewal or modification:

  1. The facility can continue operation of the landfill using the existing low permeability liner system if the waste accepted for disposal is limited to tree debris, uncontaminated soil and rock from land clearing, utility line maintenance, and season or storm-related cleanups as well as recognizable uncontaminated concrete and concrete products, asphalt pavement, brick, glass, soil, and rock;
  2. The facility can construct a liner system that meets the requirements of the current Part 363 and can continue to accept a mixed construction and demolition debris waste stream; or
  3. The facility can initiate closure of the facility. The final cover system must be placed on the entire landfill within one year of the last receipt of waste.

NYS DEC issued a negative declaration indicating that NYS DEC determined that this proposed policy will not result in any significant adverse environmental impacts. The full text and pdf printable version of this proposed Policy along with the supporting Short Environmental Assessment Form and the Coastal Assessment Form are available on the NYS DEC website at:

Comments on the proposed Program Policy can be submitted to: and will be accepted for 30 days from the date of publication of this notice.

For further information, please contact:

Jaime Lang
NYS DEC - Division of Materials Management
625 Broadway
Albany, NY 12233-7260
Phone: (518) 402-8678

Final Amendment No. 1 to the Drinking Water State Revolving Fund (DWSRF) Federal Fiscal Year (FFY) 2022 Intended Use Plan

FFY 2022 DWSRF Intended Use Plan Amendment:

Draft Amendment No. 1 to the DWSRF IUP issued October 1, 2021 was published in the October 13, 2021 ENB. The comment period for Draft Amendment No.1 closed on October 27, 2021 and the New York State Department of Health received no public comments pertaining to the Amendment. Therefore, as of October 27, 2021 the Amendment as shown below was final:

Table 1 in the Final IUP did not include state match funds allocated from the New York State Fiscal Year (SFY) 2021-2022 budget, which are necessary to meet the 20% state match requirement. An amount of $7,917,789 is added to the sources in Table 1 below in order to meet the 20% state match requirement. There is no effect on the Hardship Eligibility Line or Subsidized Interest Rate Funding Line as a result of this amendment.

Table 1 Sources and Uses

Sources Amount
FFY 2022 Capitalization Grant 1 $45,000,000
State Match 4 $7,917,789
Anticipated Repayments, Interest Earnings, and carry-over monies from FFY 2021 $211,000,000
Total Sources $263,917,789
Uses Amount
Administrative Set-Aside $1,800,000
Technical Assistance Set-Aside $900,000
State Program Management Set-Aside $4,500,000
Total Set-Asides 2 $7,200,000
Direct Financings $140,000,000
Principal Forgiveness/Grants Expected to Close $9,000,000
Principal Forgiveness/Grant Funds Reserved $9,000,000
New Principal Forgiveness/Grant Funds Available for Award 1 $9,000,000
Reserve Allocation for Leveraged Financing 3 $89,717,789
Total Uses $263,917,789

1 Based on an estimation of the DWSRF federal allocation for federal FFY 2022.
2 Refer to Section 6.0 for information related to set-asides.
3 Leveraged three times, these funds will provide financing of $269,153,367 for eligible projects. This combined with Direct Financings, PF/Grants Expected to Close, and New PF/Grant Funds Available for Award results in an estimated funding capacity for this IUP period of $427 million. A factor of 2.0 has been used to set the expanded subsidized interest rate funding line on the Annual List.
4 This amount, in addition to state match credits remaining from previous years, will provide the estimated required 20% state match of $9,000,000.

The New York State Department of Health (NYS DOH) has determined that the amendment is necessary, reasonable, and in the interest of protecting public health. The amendment will not adversely affect any project on the IUP Project Annual List above the subsidized funding line. Except as noted above, there are no other changes to the IUP as a result of this Amendment No. 1 of the FFY 2022 IUP.

Contact: David Phillips, NYS DOH - Bureau of Water Supply Protection, Corning Tower, Room 1135, Empire State Plaza, Albany, NY 12237, Phone: (518) 402-7702, E-mail:

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