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

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.

Volume

VOLUME B (Title 10)

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