Current through Register Vol. 47, No. 12, March 26, 2025
(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.
(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.
