§ 18-82. 15 RCNY § 18-82 is independent of, does not govern, and is not governed by, 15 RCNY § 18-81.
RCNY § 18-82
(b)(1) At the request of Dutchess, Putnam or Westchester County, and in partnership with Dutchess, Putnam or Westchester County, and the municipalities located in the Croton system watershed, the Department shall prepare or assist in the preparation of a Croton Plan only in a participating County or Counties which: (i) Identifies significant sources of pollution to the Croton system; (ii) Recommends measures to be taken by the Department, the Counties, and the municipalities which, in conjunction with other federal, State, local and Department water quality protection programs, will prevent degradation to, and improve, water quality, with the long term goal of attaining water quality standards in the Croton system; and (iii) Recommends measures to be taken to protect the character and special needs of communities located within the watershed.
(2)A County wishing to do so may, when joined by a majority of municipalities located within the County's watershed, choose to prepare the Croton Plan for the portion of the watershed located within the County. Such Croton Plan shall be prepared in partnership with the Department.
(3)The Croton Plan shall be developed in the manner set forth in subdivisions (c), (d) and (e) below and may allow for new wastewater treatment plants with a surface discharge or for the expansion of existing wastewater treatment plants with a surface discharge, provided the additional flow is either offset by a diversion of wastewater off of the watershed pursuant to subparagraph (e)(4)(i), or the additional phosphorus load is offset pursuant to subparagraph (e)(4)(ii).
(4)Any data that would benefit the Croton Planning process that is in the possession of the Department or one of the Counties or municipalities participating in the development of a Croton Plan shall be shared among the participants and appropriately considered in developing a Croton Plan.
(c)The Croton Plan shall consist of the following three elements: (1) Identification of water quality problems and community character needs. Such identification shall include the following elements: (i) An identification of growth or development projected to occur under existing municipal zoning and master plans and allowed under existing land use controls, other than these rules and regulations, and including development necessary to maintain community character, public facilities and institutions and to serve local, regional or special needs; (ii) An identification of specific existing water quality problem areas and specific sources of pollution to the Croton system, including areas of existing or imminent subsurface sewage treatment system failures, areas of concentrated point source discharges and substantial non-point source pollution, and areas in need of streambank stabilization.
(iii)An assessment of future water quality impacts related to growth or development identified in paragraph (i) above.
(iv)An identification of areas identified in paragraph (i) above where site constraints may prevent the siting of new subsurface sewage treatment systems in accordance with the requirements set forth in these rules and regulations.
(v)An identification of areas identified in paragraph (i) above where these rules and regulations prohibit new surface discharges from wastewater treatment plants and site constraints prevent the siting of a new wastewater treatment plant with a subsurface discharge.
(ii)Proposed measures to address water quality problems identified in paragraph (c)(1)(ii) above. Such measures may include subsurface sewage treatment system maintenance, rehabilitation and replacement programs, installation of community septic systems, the construction of sewer extensions or new sewer systems, stormwater controls, and the permanent diversion of wastewater to a discharge point outside of the watershed.
(d)(1) If a County requests, pursuant to 15 RCNY § 18-82(b), that a Croton Plan be developed within five (5) years of the effective date of these rules and regulations, the Department, in partnership with the participating Counties and municipalities, and in consultation with the New York State Department of Health, shall complete a draft Croton Plan and release such draft Croton Plan for public review and comment. If a Croton Plan has been prepared by a County and its municipalities, the County and municipalities, in partnership with the Department and in consultation with the New York State Department of Health, shall complete a draft Croton Plan within five (5) years of the effective date of these rules and regulations and release such draft Croton Plan for public review and comment. The Department, the participating Counties and municipalities shall consider and respond to comments received from the public in preparing the final Croton Plan.
(5)Any Croton Plan agreed to shall be reviewed by the participants to the plan fifteen (15) years after the Croton Plan becomes effective in order to determine whether the Croton Plan has met and will continue to meet its goals, and to determine whether new goals are appropriate.
(6)The Counties and the municipalities agreeing to the Croton Plan shall submit to the Department an annual report each year the Croton Plan is in effect. The annual report shall be submitted on the anniversary of the date the Croton Plan became effective and shall include: (i) A statement of the status of the development or implementation of measures proposed in the Croton Plan; (ii) A statement of expenditures incurred by the Counties and municipalities in implementing, and administering measures proposed in the Croton Plan; and (iii) An identification of the financial, personnel and other resources needed to continue implementation and administration of the measures proposed in the Croton Plan.
(e)The Croton Plan may allow for the siting of a new wastewater treatment plant with a surface discharge or the expansion of an existing wastewater treatment plant with a surface discharge in the Croton system within a phosphorus restricted basin or a basin located within the 60 day travel time, but not within a coliform restricted basin, pursuant to the following conditions: (1) Site constraints prevent the proposed new wastewater treatment plant or the expanded existing wastewater treatment plant from discharging subsurface; (2) The municipal government and the County in which the wastewater treatment plant would be sited, confirms in writing that the proposed new wastewater treatment plant or the expansion of an existing wastewater treatment plant is consistent with the Croton Plan; (3) The Department, in consultation with the New York State Department of Health, determines that the proposed new wastewater treatment plant or expansion of an existing wastewater treatment plant is consistent with the water quality objectives of the Croton Plan; and (4) The discharge from the new wastewater treatment plant or the expansion of an existing wastewater treatment plant complies with one of the following conditions: (i) The total volume (or flow) of surface discharge from such new wastewater treatment plant or expansion of an existing wastewater treatment plant, together with the total volume of surface discharges from all other new wastewater treatment plants and expansions of wastewater treatment plants which have been permitted in the subject County pursuant to this subparagraph (i), shall not, in the aggregate, exceed 10 percent of the total volume (or flow) of surface discharge from wastewater treatment plants located in the Croton system, within the subject County, which previously discharged into the Croton system but have been permanently diverted, since the effective date of these rules and regulations, to a discharge point outside of the Watershed. The Department may approve applications to construct new wastewater treatment plants with surface discharges pursuant to this subdivision prior to the permanent diversion of wastewater, and allow construction to begin on such new wastewater treatment plants, provided that the wastewater treatment plant may not commence operation until the diversion for which the credit is received has actually occurred.
(f)(1) A County or municipality wishing to participate in the preparation of the Croton Plan shall indicate its intention to participate by written notice to the Department given within one year of the effective date of these rules and regulations. Such notice shall include a commitment by the subject County or municipality to cooperate with the Department in generating and analyzing the data and information reasonably necessary to address the Croton Plan elements identified in subdivision (c) above, and an agreement to minimize the use of offsets as a basis for new wastewater treatment plants or expansions of existing wastewater treatment plants pursuant to subdivision (e), to the extent that the economic and social needs of such County or municipality can be reasonably addressed without the use of such offsets.
(g)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.
(h)Nothing in this section or in the Croton Plan is intended to constrain or limit the authority of local governments under State law to make local land use and zoning decisions, and nothing in this section or the Croton Plan should be construed to have the effect of transferring such local land use and zoning authority from the participating local governments to the Department or any other entity. (Amended City Record 10/30/2019, eff. 11/29/2019)
