Effective Date

07/08/1998

Section 128-8.3 Watershed planning in the West of Hudson watershed.

(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 (5) 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) below, is

consistent with the Comprehensive Strategy.

(3) The applicant demonstrates, and commits to take action

to insure, that every one (1) 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 (3) 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 (3) 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 (3) 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.

(b) Nothing in this subpart is intended to constrain, limit

or preclude an applicant from seeking, or the Department from issuing,

approval of or a variance for a proposed regulated activity under any other

applicable provision of these rules and regulations.