Meeting and Public Hearing
[42 Pa.B. 2276]
[Saturday, April 28, 2012]
The Delaware River Basin Commission (Commission) will hold an informal conference followed by a public hearing on Thursday, May 10, 2012, at the Commission's office, 25 State Police Drive, West Trenton, NJ. The hearing will be part of the Commission's regularly scheduled business meeting. The conference session and business meeting both are open to the public.
The morning conference session will begin at 11 a.m. and will include a presentation on PCB reductions in the Delaware Estuary and resolutions recognizing the contributions of Gary Paulachok, former Deputy Delaware River Master, United States Geological Survey and William Douglass, former Executive Director of the Upper Delaware Council, both of whom recently retired.
Items for Public Hearing. The subjects of the public hearing to be held during the 1:30 p.m. business meeting on May 10, 2012, include draft dockets for the projects described as follows. Draft dockets also will be posted on the Commission's web site at www.drbc.net 10 days prior to the meeting date. Additional public records relating to the dockets may be examined at the Commission's offices. Contact William Muszynski at (609) 883-9500, Ext. 221, with any docket-related questions.
1. Mount Airy #1, LLC, D-1977-058-4. An application to renew the approval of an existing discharge from the 0.22 million gallons per day (mgd) Mount Airy Wastewater Treatment Plant (WWTP) by means of Outfall No. 001. The discharge is in the drainage area of the section of the nontidal Delaware River known as the Middle Delaware, which is classified as Special Protection Waters (SPW). The WWTP will continue to discharge treated effluent to Forest Hills Run at River Mile 213.0—3.6—0.85—8.6—0.83—0.1 (Delaware River—Brodhead Creek—McMichael Creek—Pocono Creek—Reeders Run—Forest Hills Run), in Paradise Township, Monroe County, PA.
2. Nestlé Purina Petcare Co., D-1984-002-5. An application to renew the approval of an existing groundwater withdrawal (GWD) of up to 26.784 million gallons per month (mgm) to supply the applicant's manufacturing facility from existing Wells Nos. 2, 5, 6 and 7 completed in the Martinsburg Shale Formation and the underlying Beekmantown Group Limestone and Dolomite. The requested allocation is not an increase from the previous allocation. The wells are located in the Jordan Creek Watershed in South Whitehall Township, Lehigh County, PA.
3. Central Wayne Regional Authority, D-1986-009 CP-3. An application to renew the approval of an existing discharge from the 2.2 mgd Honesdale Borough WWTP. The discharge is in the drainage area of the section of the nontidal Delaware River known as the Upper Delaware, which is classified as SPW. The WWTP will continue to discharge treated effluent to the Lackawaxen River at River Mile 277.7—24.6 (Delaware River—Lackawaxen River), in Honesdale Borough, Wayne County, PA.
4. Veolia Energy, D-1995-010 CP-2. An application to renew the approval of the Tri-Gen Energy Generating Facility (TGEGF) and its subsidiary water allocation of up to 217 mgm provided from Exelon's Schuylkill Generating Station (SGS) Intake No. 1 to the TGEGF. The water is used for cooling purposes associated with power generation. The requested allocation is not an increase from the previous allocation. The TGEGF is located on the former PECO—Schuylkill site adjacent to the Exelon SGS and Veolia's Grays Ferry Cogeneration Facility (GFCF) in the City of Philadelphia, PA.
5. Veolia Energy, D-1995-032 CP-2. An application to renew the approval of the GFCF and its subsidiary water allocation of up to 2,480 mgm provided from Exelon's SGS Intake No. 1 to the GFCF. The water is used for cooling purposes associated with power generation. The requested allocation is not an increase from the previous allocation. The GFCF is located on the former PECO—Schuylkill site alongside Exelon's SGS and Veolia's TGEGF in the City of Philadelphia, PA.
6. Downingtown Area Regional Authority, D-1998-033 CP-3. An application to renew the approval of an existing discharge from the 7.5 mgd Downingtown Regional Water Pollution Control Center WWTP. The WWTP will continue to discharge treated effluent to the East Branch Brandywine Creek at River Mile 70.73—1.5—20.0—7.65 (Delaware River—Christina River—Brandywine Creek—East Branch Brandywine Creek), in East Caln Township, Chester County, PA.
7. Pocono Manor Investors, LP, D-2006-026-2. An application for the renewal of the existing 0.14 mgd Pocono Manor WWTP. The WWTP discharge is located in the drainage area of the nontidal Delaware River known as the Middle Delaware, which is classified as SPW. The WWTP will continue to discharge treated effluent to the Swiftwater Creek, which is a tributary of Paradise Creek, itself a tributary of the Brodhead Creek River Mile, at River Mile 213.0—11.4—4.4—5.3 (Delaware River—Brodhead Creek—Paradise Creek—Swiftwater Creek). The existing WWTP is located in Pocono Township, Monroe County, PA.
8. Aqua Pennsylvania, Inc., D-1975-078 CP-3. An application to renew the approval of an existing GWD and to increase the withdrawal allocation from 8.58 mgm to 11.68 mgm to supply the applicant's public water supply system from existing Wells Nos. 2, 3 and 4, an existing Spring source and new Well No. 5 completed in the Catskill Formation. The increased allocation is requested in order to meet projected increases in service area demand. The project also includes an existing importation of 0.494 mgd of GW from the Susquehanna River Basin. The wells are located within the drainage area of the section of the nontidal Delaware River known as the Upper Delaware, which is classified as SPW, in Wayne Borough and Canaan Township, Wayne County, PA.
9. ArcelorMittal Plate, D-1979-026-2. An application to modify the Commission approval of the existing ArcelorMittal Conshohocken Industrial Wastewater Treatment Plant (IWTP), including updating the approval to reflect the current facility operations and annual average flow of 1.2 mgd. The IWTP will continue to treat process industrial wastewater and contact and non-contact cooling water from steel production and finishing operations at the ArcelorMittal Plate facility in Plymouth Township, Montgomery County, PA. No modifications to the IWTP are proposed. The IWTP will continue to discharge to the Schuylkill River at River Mile 92.47—21.5 (Delaware River—Schuylkill River).
10. Phillips 66, D-1986-041-2. An application to modify an existing docket to reflect modifications that have occurred since the facility's 1986 Commission approval. Inclusion of noncontact cooling water discharge outfalls and revised design criteria are among the modifications. The project will continue to discharge to the tidal Delaware River by means of ten existing outfalls in Water Quality Zone 4 at or near River Mile 80.2 (Delaware River), in the Borough of Trainer, Delaware County, PA. The docket holder has also requested relief from the 89.25% BOD20 removal requirement for Water Quality Zone 4 discharges.
11. Salem City, D-1987-037 CP-2. The City of Salem proposes to demonstrate through a Pilot Leachate Acceptance Program (Project) that its existing 1.4 mgd WWTP can effectively treat nonhazardous leachate from the Salem County Improvement Authority (SCIA) Landfill without violating Commission effluent quality requirements or in-stream water quality criteria. The Project includes the acceptance of trucked-in leachate from the SCIA landfill in a phased approach, starting with 5,000 gallons per day (gpd) and ending with 20,000 gpd. The Salem WWTP currently receives municipal wastewater for treatment and discharge to the tidal portion of Salem River, which is a tributary of the Delaware River at River Mile 58.17-1.0 (Delaware River—Salem River) in Water Quality Zone 5. The Salem WWTP is located in the City of Salem, Salem County, NJ. No modifications to the existing WWTP treatment facilities are proposed.
12. BP Oil Company, D-1991-032-6. An application to renew the approval of an existing discharge of treated groundwater from the existing 1.0 mgd WWTP. The WWTP discharges to Water Quality Zone 4 of the Delaware River at River Mile 89.3, in Paulsboro Borough, Gloucester County, NJ.
13. Phillips 66, D-1996-052-2. An application for the approval of an existing surface water withdrawal (SWWD) of up to 151.7 mgd (4,701.7 mgm) from the Delaware River at the applicant's Trainer Refinery. The refinery has been idle since September 29, 2011. This application was made to allow operations to resume in substantially the same manner as the previous docket and facilitate a sale of the refinery. Most of the water is used for once-through cooling. The project intake is located approximately 1,500 feet upstream of the Marcus Hook Creek confluence in the tidal portion of the Delaware River in the Borough of Trainer, Delaware County, PA.
14. Pennsylvania American Water Company, D-2003-006 CP-2. An application to renew the approval of an existing GWD to continue to supply up to 9.63 mgm of water from the applicant's Wells Nos. 1, 2, 3 and 5 and to interconnect the existing Birch Acres Well No. 2 to the Mid-Monroe Public Water Supply System. There is no requested increase in allocation. The Birch Acres well is located in Smithfield Township, Monroe County, PA in the Sambo Creek Watershed. The project is located within the drainage area of the section of the nontidal Delaware River known as the Middle Delaware, which is classified as SPW.
15. FPL Energy, D-2008-021 CP-2. An application to renew the approval of an existing discharge of up to 4.32 mgd of cooling tower blowdown from the existing Marcus Hook Cogeneration Facility (MHCF) and to approve a dechlorination system that was installed in 2009. The MHCF will continue to discharge to Water Quality Zone 4 of the Delaware River at River Mile 78.74 by means of Outfall No. 001, in Marcus Hook Borough, Delaware County, PA.
16. Lafarge North America, D-1974-189-2. An application to renew the approval of an existing GWD and SWWD of up to 70.68 mgm from existing groundwater Wells Nos. 1 and 2 and an existing surface water intake for the applicant's cement manufacturing plant. The project wells are completed in the Jacksonburg Formation and are located in the Coplay Creek and Lehigh River Watersheds within the drainage area of the section of the nontidal Delaware River known as the Lower Delaware, which is classified as SPW, in Whitehall Township, Lehigh County, PA.
17. Lake Adventure Community Association, D-2011-002 CP-1. An application for approval of an existing GWD to supply up to 5.55 mgm of water to the applicant's existing public water supply system from existing Well Nos. 1, 2 and 3. The project wells are completed in the Catskill Formation and located in the Birchy Creek Watershed in Dingman Township, Pike County, PA. The site is located within the drainage area of the section of the nontidal Delaware River known as the Upper Delaware, which is classified as SPW.
18. Spring Mill Associates, D-2011-013-1. An application to approve a GWD of up to 7.75 mgm to supply the applicant's golf course irrigation system from existing Wells Nos. 10 and 18, completed in the Stockton Formation. The wells are located within the Commission's designated Ground Water Protected Area in the Little Neshaminy Creek Watershed in Northampton Township, Bucks County, PA.
19. Delaware River Joint Toll Bridge Commission, D-2011-018 CP-1. An application to approve construction of a new bridge adjacent to the existing Scudder Falls Bridge to form the new Scudder Falls Bridge and related roadway improvements along 4.4 miles of I-95 from Pennsylvania Route 332 in Lower Makefield Township, Bucks County, PA to Bear Tavern Road in Ewing Township, Mercer County, NJ. The project will add one travel lane in each direction and three auxillary lanes to the Scudder Falls Bridge and increase the number of lanes on I-95 while improving entrance and exit ramps along the 4.4 mile stretch. The Scudder Falls Bridge spans the Delaware River at River Mile 139.0 (Delaware River) and shall continue to be located in a recreational area within the section of the non-tidal Delaware River known as the Lower Delaware, which is classified as SPW.
20. Eagle Creek Hydro Power, LLC, D-2011-020 CP-1. An application to approve the construction and operation of an 800 kW hydro-electric turbine on the Rio Dam. The turbine is designed to utilize the minimum flow release water required to maintain river flow in the Mongaup system to produce energy for the grid. Additionally, the applicant has requested the transfer of ownership of the existing 1.0 MW Mongaup Falls and 5,000 kW Rio hydro-electric turbines from Mirant NY-Gen, LLC, which were approved by the Commission on May 10, 2007 by means of Docket No. D-2001-038 CP-1. The Rio Dam is located at River Mile 261.1—4.6 (Delaware River—Mongaup River), in the Town of Deerpark, NY on the border of Sullivan and Orange Counties. The Mongaup Falls Dam is located at River Mile 261.1—4.6—3.37—1.29 (Delaware River—Mongaup River—Rio Reservoir—Mongaup River), in the Town of Lumberland, Sullivan County, NY. Both dams and the subsequent hydro-electric projects are located within the drainage area of the section of the nontidal Delaware River known as the Upper Delaware, which is classified as SPW.
21. Kennett Square Borough, D-2012-003 CP-1. An application to approve a GWD of up to 35.712 mgm to supply the applicant's public water supply system from existing Wells Nos. 1 and 2 completed in the Cockeysville Marble. The Kennett Square Municipal Water Works serves customers in the Borough of Kennett Square, East Marlborough Township and Kennett Township. The wells are located in East Marlborough Township and Kennett Township in the East Branch Red Clay Watershed.
22. Buckeye Partners, LP, D-2012-004-1. An application to construct and install a new, 12-inch diameter petroleum pipeline beneath Water Quality Zone 4 of the Delaware River at approximately River Mile 88.4. The new pipeline is approximately 5,600 linear feet in length and will convey fuel from the Paulsboro Refinery located in the Borough of Paulsboro, Gloucester County, NJ to the Philadelphia International Airport located in Tinicum Township, Delaware County, PA. The pipeline will be located in a new 24-inch diameter borehole to be directionally drilled beneath the Delaware River by means of a Horizontal Directional Drill, approximately 50 feet to 120 feet below the Delaware River bottom, and will replace and be located adjacent to an existing 8-inch diameter pipeline that is located beneath the Delaware River, to meet the requirements of the Pipeline and Hazardous Materials Safety Administration. The river crossing portion of the pipeline is approximately 5,000 feet long. The project does not involve construction in the Delaware River.
23. American Household, Inc., D-2012-005-1. An application for approval of the discharge of remediation water from the existing 0.432 mgd groundwater treatment plant (GTP), as well as the withdrawal of up to 10.044 mgm of groundwater from Remediation Well MUN-3. The GTP discharges to the West Branch of the Perkiomen Creek at River Mile 92.47—32.08—18.65—5.2—6.75 (Delaware River—Schuylkill River—Perkiomen Creek—Green Lane Reservoir—West Branch Perkiomen Creek), in Bally Borough, Berks County, PA.
In addition to the hearings on draft dockets, a public hearing also will be held during the 1:30 p.m. business meeting on proposed resolutions: (a) to adopt the Commission's annual budget for the fiscal year ending June 30, 2013; and (b) approve election of the Commission Chair, Vice Chair and Second Vice Chair for fiscal year 2013.
Other Agenda Items. Other agenda items include resolutions: (a) to authorize participation in the New Jersey State Health Benefits Program for SHBP Dental Plan Coverage; (b) authorizing the Executive Director to terminate a purchase order agreement with one firm and retain another to complete the design of the Ruth Patrick River Garden; and (c) authorizing the Executive Director to execute an agreement for the preparation of an actuarial evaluation for the Commission's post-retirement benefits in accordance with Government Accounting Standards Board Statement No. 45. The standard business meeting items also will be addressed, including: adoption of the Minutes of the Commission's March 7, 2012 business meeting; announcements of upcoming meetings and events; a report on hydrologic conditions; reports by the Executive Director and the Commission's General Counsel; and a public dialogue session.
Opportunities to Comment. Individuals who wish to comment for the record on a hearing item or to address the Commissioners informally during the public dialogue portion of the meeting are asked to sign up in advance by contacting Paula Schmitt of the Commission staff, at firstname.lastname@example.org or (609) 883-9500, Ext. 224. Written comment on items scheduled for hearing may be submitted in advance of the meeting date to Commission Secretary, P. O. Box 7360, 25 State Police Drive, West Trenton, NJ 08628, faxed to Commission Secretary, DRBC at (609) 883-9522 or email@example.com. Written comment on dockets should also be furnished directly to the Project Review Section at the previously listed address or fax number or firstname.lastname@example.org.
Individuals in need of an accommodation as provided for in the Americans with Disabilities Act of 1990 who wish to attend the informational meeting, conference session or hearings should contact the Commission Secretary directly at (609) 883-9500, Ext. 203 or through the Telecommunications Relay Services (TRS) at 711, to discuss how the Commission can accommodate their needs.
Agenda Updates. Note that conference items are subject to change and items scheduled for hearing are occasionally postponed to allow more time for the Commission to consider them. Check the Commission's web site, www.drbc.net, closer to the meeting date for changes that may be made after the deadline for filing this notice.
PAMELA M. BUSH, Esq.,
[Pa.B. Doc. No. 12-763. Filed for public inspection April 27, 2012, 9:00 a.m.]
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