New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 128 - New York City › Subpart 128-8 - Watershed Protection Plans › Section 128-8.3 - Watershed planning in the west of hudson watershed

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department shall establish a pilot
					 program to evaluate the effectiveness of phosphorus offsets as a potential
					 basis for allowing the construction of new wastewater treatment plants, or the
					 expansion of existing plants, with a surface discharge in a phosphorus
					 restricted basin located in the west of Hudson watershed. Such pilot program
					 shall be limited to a term of five years, commencing on the effective date of
					 these rules and regulations and expiring on the fifth anniversary thereof.
					 During the term of the pilot program, the department may approve the siting of
					 a new wastewater treatment plant, or the expansion of an existing plant, with a
					 surface discharge in a phosphorus restricted basin located in the west of
					 Hudson watershed, provided that the following conditions are met:
(1) The county in which the new wastewater
					 treatment plant, or the expansion of an existing plant, is proposed to be sited
					 has prepared, or is in the process of preparing, a comprehensive strategy, in
					 partnership with the department and with the local governments located within
					 the county and affected by the comprehensive strategy. The comprehensive
					 strategy should identify existing economic resources, water quality problems,
					 potential remedies for such problems and potential strategies and
					 recommendations of economic development initiatives that could be undertaken to
					 sustain local economies while remaining protective of the water
					 supply.
(2) The applicant
					 demonstrates that the new wastewater treatment plant, or the expansion of an
					 existing plant, together with the offsets the applicant is proposing to make
					 under paragraph (3) of this subdivision, is consistent with the comprehensive
					 strategy.
(3) The applicant
					 demonstrates, and commits to take action to insure, that every one kilogram of
					 projected increase in the phosphorus load resulting from the new wastewater
					 treatment plant or the expansion of an existing plant, and the accompanying
					 non-point source runoff will be actually offset by at least three kilograms of
					 reductions in phosphorus loading within the basin in which such new wastewater
					 treatment plant, or the expansion of an existing plant, is located. For
					 purposes of this subdivision, the applicant may use as an offset any phosphorus
					 reduction funded by the Catskill Fund for the Future or achieved from
					 stormwater pollution prevention measures installed on existing structures or
					 impervious surfaces in a village center or hamlet and funded by the
					 department.
(4) All new wastewater
					 treatment plants, or expansions of existing plants, proposed to be constructed
					 pursuant to this pilot program shall be reviewed and approved by the
					 department.
(5) No more than three
					 new wastewater treatment plants, or expansions of existing plants, with surface
					 discharge shall be allowed into any phosphorus restricted basin pursuant to
					 this pilot program. The total capacity, as constructed, of the three plants
					 shall not exceed a maximum of 100,000 gpd aggregate surface
					 discharge.
(6) Any wastewater
					 treatment plant, or expansion of an existing plant, constructed pursuant to
					 this pilot program shall be designed and operated to meet the total phosphorus
					 effluent limit of.2 mg/l.