HomeMy WebLinkAbout04-16-18 WRC AgendaPacket
Inclusion through Diversity
Tompkins County
DEPARTMENT OF PLANNING & SUSTAINABILITY
121 East Court Street
Ithaca, New York 14850
TOMPKINS COUNTY WATER RESOURCES COUNCIL
Monday, April 16, 2018 4:15 PM
Tompkins Consolidated Area Transit (TCAT, Inc.), 737 Willow Avenue, Ithaca
AGENDA
1. Call to Order – Darby Kiley, Chair 4:15
2. Privilege of the Floor 1 - Darby Kiley Chair 4:15
3. Agenda Review/Changes – Darby Kiley, Chair 4:20
4. Approval of Minutes – Darby Kiley, Chair 4:20
• March 19, 2018
5. Anatomy of the 2016 drought in New York State: 4:25
Implications for agriculture and water resources
- Shannan Sweet, Cornell University, NatureNet Science Postdoctoral Fellow
6. Form ad hoc committee to review NYS DEC Proposed Permit for Discharges 5:05
of Winery, Brewery, and Hard Cidery Wastewater to Groundwater
7. Committee Reports 5:15
Water Withdrawals
Water Quality Strategy
Monitoring Partnership – Roxy Johnston
Soil Health – Fay Benson
Emerging Contaminants – George Fowler
Grants – Jon Negley
Education and Outreach – Lynn Leopold
Workshop to Protect Water Resources – Sharon Anderson
8. Chair & Staff Reports 5:35
9. Announcements – Members 5:40
10. Adjournment 5:45
Upcoming Meeting Dates: May 21 and June 18
Members: If you cannot attend a meeting, please contact Kristin McCarthy at 607-274-5560.
1 Limit of 3 minutes per person for members of the public to address the board
TOMPKINS COUNTY WATER RESOURCES COUNCIL
Monday, March 19, 2018
TCAT Main Conference Room
Draft Minutes
Attendance
Member Seat Member Seat
Sharon Anderson A Cooperative Extension Jon Negley P
Soil & Water
Cons. District
John Andersson P At-Large Frank Proto P At-Large
Fay Benson P Agriculture
Marjory Rinaldo-
Lee P Environment
Chris Bordlemay Padilla P Water Purveyor Linda Wagenet P At-Large
Cynthia Brock P Recreation
Liz Cameron P Co. Environmental Health Bill George P Associate Member
Amanda Champion P County Government Roxy Johnston P Associate Member
George Fowler A At-Large Jose Lozano P Associate Member
Barry Goodrich P Watershed Organization Darren MacDougall A Associate Member
Ed Gottlieb P At-Large John Mawdsley E Associate Member
Michelle Henry P EMC Representative Todd Miller E Associate Member
Kristen Hychka P Municipal Government Steve Penningroth A Associate Member
Emelia “Mia” Jumbo P At-Large Elaine Quaroni P Associate Member
Joan Jurkowich P Co. Planning Dept. Joanne Trutko P Associate Member
Darby Kiley P Municipal Government Tom Vawter A Associate Member
Lynn Leopold P Municipal Government Kristin McCarthy P County Staff
A quorum was present.
Guests: Brian Rahm, NYS Water Resources Institute (WRI); Alison Truhlar (WRI at Cornell); Julia Champagne,
Osamu Tsuda, and another student involved with the Cayuga Lake Intermunicipal Watershed Summit (IO);
Dooley Kiefer; Dan Carey, Board of Directors for TCSWD; John Fleming, Tompkins County Ag and Farmland
Protection Board,
Call to Order – Chair Darby Kiley called the meeting to order at 4:20 pm. Darby welcomed the guests in
attendance, all of whom are involved with Engaged Cornell. She also shared that the IO and its partners at Cornell
had received the Engaged Cornell Opportunity Grant. Given the number of new faces in the room, everyone
(guests, new legislative liaison Amanda Champion, and WRC members) introduced themselves.
Privilege of the Floor – None
Agenda Review/Changes – None
Approval of February 2018 Minutes – A motion by Barry Goodrich, seconded by Lynn Leopold, to approve
the February 26, 2018, minutes was passed by the members present with one minor editorial change. [“Floating
Classroom” was deleted from line 81.]
Report from Central NY Harmful Algal Blooms Summit – Roxy Johnston and Jon Negley
• Darby, Roxy Johnston, and Jon Negley shared their experiences attending the Harmful Algal Bloom
Summit at SUNY-ESF on March 5th and 6th. Roxy’s detailed notes from the Summit were included in the
March agenda packet and are available upon request. Here are some highlights from the discussion.
• Roxy explained that on the first day relevant agencies gave their mission statements, which funding and
lack of staff thwart their efforts to fulfill. There was also a lot of talk about what is known for certain
about HABs in New York State. On the second day, the group heard from the watershed coalitions about
advanced monitoring and analysis, water treatment, etc. At the end of the day, attendees broke into
smaller discussion groups for 40 minutes. Roxy felt that was a lost opportunity as more time spent in
those smaller groups would have helped “get to the meat of things.”
• Twelve lakes throughout New York State were chosen for study and HABs action plans; each offers a
different case scenario and lessons learned that could be applied across the state to other lakes. However,
Roxy said in the end they didn’t cover the 12 lakes and instead the national experts who were flown in
pretty much focused on their personal experiences with lakes elsewhere, which unfortunately didn’t share
many characteristics with those found in New York State.
• A lot of experts criticized the sampling methods and talked about automated sampling systems.
Monitoring and testing need to happen continuously. To do so requires funding and a long-term
commitment.
• Focusing on phosphorous is not ideal as it will take decades to remove from the watershed system;
nitrogen will give faster results. No great way to remove toxins; you can remove organisms with
filtration.
• Cynthia Brock inquired about the number of cyanobacteria species (Darby’s answer: hundreds) and about
difference between contamination effects on human health via skin contact versus drinking water. Chris
Bordlemay said the Environmental Protection Agency will be doing UCMR-4 (Fourth Unregulated
Contaminant Monitoring Rule) tests for drinking water contaminants and HABs will be included.
• In New York State, HABs are showing up year-round. Extreme weather is a perfect scenario for HABs.
Frank Proto asked if anyone is studying relationship between HABs and the drought our area experienced
last summer.
• A lot of energy at conference was focused on the impact of agriculture. Group also talked about the
effects of lawn and golf course maintenance, highway ditching, and road salt.
• Jon Negley then went into more detail about what the Ag community is doing to help with HABs. He
collaborates with County farmers through the voluntary-based NYS Agricultural Environmental
Management program. Jon brought a sample Comprehensive Nutrient Management Plan for people to
look at. To be certified, these plans need to be written by a certified nutrient planner; however, there are
only 30-40 of these planners throughout New York State versus 27,000 farms. He also brought a copy of
the Agriculture Management Standards farmers need to follow.
• Goals might not be reached until decades down the road, so Jon thinks it is important to remember all the
gains that have been met in regards to more environmentally-friendly farming. The equipment, for
instance, has improved dramatically. Lifelong dairy farmer Dan Carey echoed Jon’s comment, saying that
huge strides have been made in the last 25-30 years through the work of the Tompkins County Soil and
Water Conservation District (TCSWD) and Cornell. He thinks now the issue is finding ways to
incentivize small farms to make these kinds of environmentally-friendly changes.
• Winter spreading is a big concern because farmers lack sufficient manure storage and contamination can
occur when transferring the manure to other locations.
• Marjory Rinaldo-Lee asked if tiling came up in regards to agriculture during the ESF discussions. This
topic led to John and Dan talking about buffers to help with sheet erosion. Roxy said this kind of cross-
sharing of information and different experiences from farmers and other stakeholders didn’t take place at
the conference and would’ve been valuable.
• Darby relayed that an action plan is scheduled for release in May, followed by a public comment period.
Tony Prestigiacomo from NYSDEC is considering how the WRC can be involved, and Darby plans to
pass along feedback from the WRC to counterparts working on Owasco and Skaneateles Lakes and
elsewhere.
Committee Reports
None of the chairs had anything pressing to relay so reports were skipped due to time constraints. However, Roxy
did ask members to pass along any suggestions for the HABs post-conference action plan at their earliest
convenience.
Chair Report – Darby Kiley
Committee chairs should send their annual reports to Kristin as soon as possible. Darby also reminded the group
about the April 19th Cayuga Lake Intermunicipal Watershed Summit, which is geared toward municipal officials
and highway superintendents.
The TMDL has gone out for internal review within NYSDEC.
Staff Report – Joan Jurkowich
No report
Member Announcements
● Frank asked Darby if she planned to invite individuals from TCAD to address the WRC, per his email
suggestion. She said yes, though she has speakers scheduled for the next two meetings.
● Joan is participating in the St. Baldrick’s fund-raiser for childhood cancer. To encourage generosity, she
is matching funds dollar for dollar. Members are welcome to contact her if they are interested in donating.
(She will also be shaving her head!)
Adjournment
Chair Darby Kiley adjourned the meeting at 5:50 pm.
These draft minutes will be formally considered by the WRC at its next monthly meeting, and corrections or
notations will be incorporated at that time. Prepared by Kristin McCarthy, Tompkins County Planning and
Sustainability Department. Approved by Water Resources Council: DRAFT
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ADVANCED NOTICE
For Proposed SPDES General Permit
For
Discharges of Winery, Brewery, and Hard Cidery Process Wastewater to Groundwater
Introduction
Through this Advanced Notice of Proposed Permit (ANPP), the New York State Department of
Environmental Conservation (“the Department”) is soliciting stakeholder input regarding the
potential issuance of a State Pollutant Discharge Elimination System (SPDES) general
permit that would provide coverage for wastewater discharges to groundwater from
licensed Wineries, Breweries, and Hard Cideries in New York State. The Department is
specifically seeking input on the questions listed at the end of this ANPP. However,
additional information that may be relevant to the ANPP may also be provided to the
Department. Instructions on how to provide input are provided on the final page of this ANPP.
Public input will help the Department determine what conditions are appropriate for a draft
general permit, considering protection of the environment as well as achievability by the
industry.
The Environmental Conservation Law (§17-0505) requires a SPDES permit to make or use a
disposal system or point source for the discharge of industrial waste, sanitary or other wastes
which may cause or might reasonably be expected to cause pollution to waters of the State
(including groundwater). Process wastewater generated through the manufacture and
production of wine, beer, and hard cider is considered an industrial waste that can have
significant ranges in pH and contain high levels of oxygen demanding organic material and
solids. The number of licensed winery, brewery and hard cideries is rapidly growing in NYS and
there is a need for standardized wastewater management to reduce the potential for water
quality impacts. A SPDES permit would provide the requisite coverage for facilities discharging
process wastewater, with or without the admixture of sanitary wastewater, to groundwaters.
Due to the similar nature of operations, pollutant content, associated control measures and
effluent limits applicable to the manufacture of wine, beer and hard cider, the Department
believes that a general permit is appropriate. A general permit would provide coverage to
comply with the mandatory requirements of the Environmental Conservation Law, with uniform
standards for management of process and sanitary wastewater, while providing a manageable
application fee to help foster the growth of New York’s wine, beer and hard cider industries. A
general permit would also streamline the SPDES permitting process for these industries
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reducing the costs and administrative burden to both the Department and the regulated entities.
The Department seeks to develop a general permit that protects water quality, supports a strong
economy and meets the needs of the industry. It is anticipated that the general permit will
provide for coverage for many of the facilities in this industry. This ANPP provides a summary
of conditions that the Department is considering for a general permit, including eligibility,
treatment systems, and reporting.
Please consider the following proposed conditions that the Department is evaluating for
potential inclusion in a draft general permit.
Eligibility
The contemplated general permit would apply statewide to existing and new licensed wineries,
breweries, and hard cideries in NYS that discharge process wastewater, with or without the
admixture of sanitary wastewater, to groundwater from onsite wastewater treatment systems
that have a design peak flow of less than 10,000 gallons per day (GPD).
Obtaining Coverage
Existing Facilities
The Department recognizes that there may be existing facilities, especially small producers, that
currently discharge wastewater to onsite residential septic systems. These systems were
designed to treat domestic sewage and although the waste associated with these industries has
similar characteristics, it may have higher volumes and/or strengths that may not be effectively
treated by a typical residential system. Rather than excluding existing facilities from coverage
under a general permit, the Department is considering including separate requirements for
existing dischargers that were in operation prior to the effective date of the general permit.
Under the contemplated general permit, existing dischargers would be allowed to continue to
operate their current system unless/until a modification is needed for an expansion that cannot
be properly managed by the existing system or if the system is in need of
replacement/modification due to failure. In order to obtain coverage under the contemplated
general permit, existing dischargers would be required to retain a Professional Engineer (PE)
licensed to practice in NYS to assess1 their current system(s) and certify that the system is
operating correctly and is being properly maintained. This certification would include the
approximate age of the existing system, as well as a brief description of the system, including a
description of the soil profile for the absorption area and operation/maintenance needs to
ensure continued, long term performance. The owner/operator would then submit a Notice of
1 The Department expects the PE assessment to include: a visual inspection of the subsurface treatment area to
determine if any spongy ground and/or ponding is evident; evaluation of the septic tank (or equivalent) to verify
the solids level is not within a quarter (1/4) of the operating capacity; and an evaluation of all screens (influent
and/or effluent) to ensure there are no holes/bypass and no blockage/debris build -up.
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Intent to receive general permit coverage, as well as the PE certification to the Department’s
Central Office (Albany, NY) for review.
New Facilities
Under the contemplated general permit, facilities constructed after the effective date of the
general permit (“New Facilities”) would have their systems designed by a PE licensed to
practice in NYS. The concept for new facilities is to provide flexibility in design of the treatment
process prior to the subsurface system. By employing wastewater stabilization, screening/
filtering, septic (aerobic/ anoxic) tank(s) or other proven process that meets specified design
criteria, the discharge to the subsurface drainage field would be treated to concentrations typical
of septic tank effluent loadings. As part of the application process for obtaining coverage under
the contemplated general permit the Department is considering that a PE certify that the
proposed wastewater treatment system meets the following criteria:
(1) The wastewater generated is fully characterized including the variability in strength
and volume expected;
(2) The treatment process prior to discharge to the subsurface treatment system will
provide an effluent that meets the following design criteria2:
a. BOD5 – 150 mg/L
b. TSS – 100 mg/L
c. TDS – 500 mg/L
d. pH - 6 - 9
e. TP – 15 mg/L
f. TN – 50 mg/L
(3) Flow monitoring and equalization to address the expected variability in hourly, daily
and seasonal wastewater generation. A flow monitoring3 device capable of
monitoring the peak rates and volume of process wastewater entering the treatment
system must be installed and maintained.
(4) Adequate controls to ensure the system does not receive process wastewater that
exceeds the system’s design flow or has a strength or characteristic beyond the
design capability of the system.
(5) A subsurface treatment system is designed in accordance with the 2014 New York
State Design Standards for Intermediate Sized Wastewater Treatment Systems
(NYS Design Standards) or the 2015 New York State Design Standards for
Wastewater Treatment Works in the Lake George Basin for those facilities located in
the Lake George Basin. Specifically, the Department is considering:
a. A subsurface treatment system based on the peak daily flow expected after
flow equalization in order to avoid hydraulic overloading. Additionally, the
Department is considering requiring pressurized or dosed distribution
2 EPA Onsite Wastewater Treatment Syst ems Manual (2002) – these criteria represent the level of pollutants that
are typical of septic tank effluent and if exceeded could cause premature failure of the subsurface treatment
system. Exceedance of these values require some action to protect the subsurface treatment system.
3 Flow monitoring is a necessary requirement because of the high flow variations expected during times of
production vs. off production. The information collected will be necessary to inform future iterations of this
permit.
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systems to provide for uniform distribution to the subsurface treatment area;
and
b. A subsurface treatment system that includes either:
i. a minimum of 3 absorption areas, each sized to 50% of the peak daily
design flow to allow for resting during high flow periods. The third area
would be alternated into service on a semi-annual basis and extend
the useful life of the subsurface treatment system; or
ii. a full field (100% peak design) plus a 100% replacement area.
Operation and Maintenance
(applicable to Existing & New facilities)
Proper maintenance of the wastewater treatment system will protect the subsurface treatment
system and extend its useful life preventing shutdowns, costly replacements or compliance
problems. The Department is considering requiring an Operation and Maintenance plan to
ensure long term performance of the treatment system that includes the following minimum
components:
• Flow Monitoring: Average, peak, and total flow must be monitored and recorded
daily to ensure permit conditions are not exceeded as well as to inform future permit
iterations.
• Periodic Inspection of the treatment components to ensure continuous and effective
operation of each treatment component including:
a. Inspection of the subsurface treatment system at least once per quarter plus
at least once during peak flow period(s) for ponding or wetness at or around
the absorption field, or other signs of failure. If signs of failure are
discovered, the owner/operator must act to prevent a discharge to surface
waters and follow procedures outlined below for Notification for a failure.
b. Septic tank inspections performed by a PE, a National Association of
Wastewater Technician (NAWT)-certified inspector, or a NY Onsite
Wastewater Treatment Training Network (OTN)-registered inspector for scum
and sludge accumulation at least once per year. The owner/operator must
remove and properly dispose of scum and sludge accumulations before they
exceed one-fourth of the liquid depth. Date of annual inspection must be
recorded and reported in the annual report. Receipts from pumping services
must be kept onsite. The septic tank must be pumped, at a minimum, once
every three years.
Monitoring
The contemplated general permit would include provisions for monitoring to demonstrate
compliance with the terms and conditions of the general permit. This would include monitoring
throughout the term of the general permit that would be summarized and reported to the
Department with an annual report (see Reporting & Recordkeeping Section). The Department
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will use the information gathered on existing systems to better inform future general permit
requirements.
Existing Facilities
The Department is considering requiring quarterly grab samples collected from the inlet to the
subsurface treatment system to be analyzed for the following parameters: BOD5, Total
Suspended Solids, Total Dissolved Solids, pH, Total phosphorus, Total Nitrogen. This would be
a monitor only requirement.
New Facilities
The Department is considering requiring quarterly grab samples collected from the inlet to the
subsurface treatment system to be analyzed for the following parameters: BOD5, Total
Suspended Solids, Total Dissolved Solids, pH, Total Phosphorus, and Total Nitrogen. For new
facilities, though, the Department is considering including benchmark concentrations4 for each
of the parameters. If benchmark concentration(s) are exceeded for any one quarter, the
owner/operator would be expected to document corrective actions taken and provide that
information in the annual report.
Recordkeeping & Reporting
(applicable to Existing & New facilities)
As with typical SPDES permits, the contemplated general permit would include provisions for
recordkeeping and reporting information to the Department. The Department is considering the
following provisions for recordkeeping and reporting for both new and existing facilities:
• Annual Reporting of information gathered on the treatment system performance. The
annual report would be submitted to the Department by March 31st each year on
forms provided by the Department reflecting the operations from Jan-Dec of the
previous year. The annual report would include the maximum peak daily flow
recorded for every month, quarterly sampling results, inspection information and
corrective actions taken for exceedance of benchmark concentrations (new facilities).
• Maintenance of records on site. Flow monitoring and inspection records would not
need to be submitted to the Department unless requested. All records would be kept
on site for a minimum of 5 years.
• Verbal and written reporting requirements when a failure (ponding or other factors
that could lead to a potential discharge to surface waters) is identified. The
owner/operator would be required to immediately cease the discharge and give 24
hour and 5-day notification to the Department;
4 Benchmark concentrations are a pollutant level that is intended to provide a guideline for the owner/operator to
determine the overall effectiveness of their treatment system. The benchmark concentrations do not constitute
direct effluent limitations and therefore exceedances are not considered a permit violation. Rather, a benchmark
concentration exceedance is an indication that the treatment system is receiving a higher concentration than the
design criteria and prompts the owner/operator to look furt her into the cause of the exceedance and employ
whatever measures are necessary to correct.
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o Within 24 hours, the owner/operator must verbally inform the Regional Office of
the failure; and
o Within 5 days, submit a written incident report to the Regional Office including
interim measures and long-term corrective actions, with associated timelines;
Additional considerations
Estimated costs to the regulated community:
Costs associated with contemplated sampling – $50-60 per round
Costs associated with certified inspector septic tank inspections – Owner could get certified or
expect to pay ~$200
Cost of general permit fee- $110 per year (this fee is set in statute)
Cost associated with PE evaluation of existing system – expected between $500-1500
Instructions for Submitting Input/Answering Questions
A. In responding to this solicitation for input, please provide suggestions for the Department to
consider by identifying the appropriate section above or question below, and providing your
reason for the support or objection, any supporting data/research/examples if available, and
any suggested alternative language. Information can be submitted anonymously.
B. Specific questions the Department is interested in and would like to specifically request
answers from individuals in these industries are listed below:
1. If known, please provide a brief description or diagram of your treatment system.
2. How many barrels or cases of product do you produce a year?
3. Do you combine the wastewater generated from your beverage production (tank/process
wash water, etc.) with your sanitary wastewater?
4. When you started your business;
a. did you build a new treatment system for the wastewater?
b. did you modify the current system to accommodate the new process
wastewater?
c. did you just start using the existing system that was there prior to conversion to
the winery, brewery, or hard cidery?
d. was a PE involved at any point in construction/conversion/use of your treatment
system?
5. Have you experienced any system failures (ie. backing up of your sanitary lines,
bubbling on the surface of your leach field, etc.) that you’re aware of with your current
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system? If so, what was the cause of the failure and what were the corrective actions
taken?
6. What chemicals or cleaning products are used to clean the equipment used in the
production process at your facility?
7. Do you use preservatives in your products? If so, when are they added to the process?
Would you reasonably expect to see them in your wastewater?
8. Would quarterly sampling of your septic tank (or equivalent) effluent hinder your
operation in anyway? If so, please explain.
9. Do you feel quarterly sampling would sufficiently characterize your wastewater
discharge? If not, please provide a suggested term and justification.
10. Do you have a trained individual (PE/Certified Operator) inspect your treatment system
periodically?
11. When did you last have your septic tank pumped out?
12. Do you utilize water softeners in your production process?
13. Do you currently have a written Inspection, Operation and Maintenance (O&M) Plan for
the treatment system?
14. Would your facility meet the eligibility requirements? If not, why?
15. What impact do you think the above requirements would have on the financial well-being
of your operation? Both initially and long-term?
16. Do you land apply any of your waste (either directly or through a farmer)?