Effective Date

07/08/1998

Section 128-8.4 Permanent phosphorus offset program.

(a) Upon completion of the pilot programs set forth in

sections 128-8.2(g) and 128-8.3(a), the Department may determine, based on

the results of the pilot program or of other studies conducted in the

Watershed that:

(1) Phosphorus offsets sought pursuant to sections

128-8.2(g) and 128-8.3(a) have been achieved and that a permanent

phosphorus offset program should be established, with such conditions as

may be appropriate based on the results of the pilot program or other

studies conducted in the Watershed.

(i) Pending completion of any necessary rulemaking for the

continuation of a permanent phosphorus offset program, including any

appropriate modifications thereto, the Department may allow the

construction of new wastewater treatment plants with surface discharges

into phosphorus restricted basins located outside of the sixty day travel

time on a case-by-case basis pursuant to the standards set forth in section

128-6.1 of Subpart 128-6 and subject to such conditions as may be

appropriate based upon the results of the pilot program and other studies

conducted in the watershed; or

(2) There is insufficient data on which to make a

determination that phosphorus offsets have been achieved; therefore, the

time frame for the pilot programs shall be extended for a period not to

exceed five years to allow for the acquisition of further data. Nothing

contained in this subdivision shall allow for an increase in the number or

size of the wastewater treatment plants allowed pursuant to the pilot

programs as set forth in sections 128-8.2(g) and 128-8.3(a).

(3) In the West of Hudson watershed, in any permanent

phosphorus offset program, provided 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, 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.