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Title: Section 128-8.4 - Permanent phosphorus offset programs

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.

Volume

VOLUME B (Title 10)

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