DELAWARE RIVER
BASIN COMMISSIONMeeting and Public Hearing [43 Pa.B. 981]
[Saturday, February 16, 2013]The Delaware River Basin Commission (Commission) will hold a public hearing on Tuesday, March 5, 2013. A business meeting will be held the following day on Wednesday, March 6, 2013. Both the hearing and business meeting are open to the public and will be held at the Commission's office building located at 25 State Police Drive, West Trenton, NJ.
Public Hearing. The public hearing on March 5, 2013, will run from 1 p.m. until approximately 4 p.m. Hearing items will include draft dockets and resolutions relating to the projects listed as follows. The public is advised to check the Commission's web site periodically prior to the hearing date, however, as projects may be dropped if additional time is deemed necessary to complete the Commission's review. Written comments on the projects will be accepted through the close of the March 5th hearing.
Draft dockets and resolutions scheduled for hearing 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 hearing items may be examined at the Commission's offices. Contact Project Review Section assistant Victoria Lawson at (609) 883-9500, Ext. 216, with any questions concerning these items.
1. Philadelphia Energy Solutions Refining and Marketing (R&M), LLC, D-1969-163-2. An application to renew the approval of an existing discharge from the 8 million gallon per day (mgd) Point Breeze industrial wastewater treatment plant (IWTP). The IWTP will continue to discharge treated effluent to the tidal section of the Schuylkill River, which is located in Water Quality Zone 4, at River Mile 92.47—3.31 (Delaware River—Schuylkill River) in the City of Philadelphia, Philadelphia County, PA.
2. New Jersey American Water Company, D-1981-017 CP-4. An application to renew the approval of an existing groundwater withdrawal (GWD) of up to 53.568 million gallons per month (mgm) to supplement the applicant's Raritan System from existing Jefferson Park Well Nos. 1 and 2 completed in the Raritan Formation. Water withdrawn from the wells and wastewater is exported to the Atlantic Basin. The wells are located in the Assunpink Creek Watershed in West Windsor Township, Mercer County, NJ.
3. East Vincent Township, D-1993-032 CP-3. An application to renew the approval of an existing discharge from the 2.0 mgd Veterans Center wastewater treatment plant (WWTP). The WWTP will continue to discharge an average of 0.5 mgd of treated domestic wastewater to the Schuylkill River, by means of Outfall No. 001, at River Mile 92.47—43.5 (Delaware River—Schuylkill River) in East Vincent Township, Chester County, PA.
4. Lyons Borough Municipal Authority, D-1994-080 CP-3. An application to renew the approval of an existing discharge from the 0.3 mgd Lyons Borough Municipal Authority WWTP. The WWTP will continue to discharge treated wastewater effluent to the Sacony Creek, a tributary to the Maiden Creek, which is a tributary to the Schuylkill River, at River Mile 92.47—86.7—11.3—12.2 (Delaware River—Schuylkill River—Maiden Creek—Sacony Creek), in the Borough of Lyons, Berks County, PA.
5. Aronimink Golf Club, D-2001-062-2. An application to renew the approval of an existing GWD of up to 11.16 mgm to irrigate the applicant's golf course from existing Wells Nos. 1—3 and A completed in Felsic Gneiss rock of the Upland portion of the Piedmont Province. The requested allocation is not an increase from the previous allocation. The project is located in the Darby Creek Watershed in Newtown Square, Delaware County, PA.
6. East Brandywine Township Municipal Authority, D-2007-002 CP-2. An application to renew the approval of an existing discharge from the 0.3 mgd Applecross WWTP. The flow of the WWTP has been limited to an average of 0.138 mgd in the Department of Environmental Protection (Department) WQM Permit. Treated effluent from the WWTP is discharged to a golf course spray irrigation system, two on-site drip irrigation fields and a stream discharge. The stream discharges to Beaver Creek at River Mile 70.73—1.77—20.22—8.7—6.1 (Delaware River—Christina River—Brandywine Creek—East Branch Brandywine Creek—Beaver Creek) by means of Outfall No. 001, in East Brandywine Township, Chester County, PA.
7. Jackson Township Authority, D-2007-004 CP-2. An application to renew the approval of an existing discharge from the 0.5 mgd Jackson Township WWTP. The WWTP will continue to discharge treated effluent to an Unamed Tributary (UNT) of Owl Creek above the Blue Marsh Reservoir at River Mile 92.47—76.8—27.4—3.3—0.1 (Delaware River—Schuylkill River—Tulpehocken Creek—Owl Creek—UNT) by means of Outfall No. 001, in Jackson Township, Lebanon County, PA.
8. Exide Technologies, D-1976-097-3. An application to approve a modification to the existing Exide battery manufacturing facility 1.1 mgd stormwater treatment plant (SWTP). The modification consists of adding an 828,900-gallon above ground storage tank to the existing SWTP to increase the overall storage capacity to enable the facility to capture, store and treat the stormwater runoff volume generated at the Exide site during the design 10-year frequency rainfall event. The SWTP will continue to discharge treated stormwater by means of an existing stormwater conveyance system to the Schuylkill River at River Mile 92.47—78.29 (Delaware River—Schuylkill River), in Muhlenberg Township, Berks County, PA. No other modifications to the existing SWTP are proposed. The application also includes a renewal of: (1) Exide's existing onsite IWTP, which is designed to treat 0.7 mgd, but permitted to discharge up to 0.25 mgd and which will not be modified; and (2) a Total Dissolved Solids determination of 6,000 mg/l (monthly average) and 7,500 mg/l (daily maximum) for the existing IWTP. The application included a request for an emergency certificate allowing the project to proceed, which was issued on January 8, 2013.
9. Town of Fallsburg, D-1985-074 CP-2. An application for approval to expand the hydraulic design of the Loch Sheldrake WWTP from 0.7 mgd to 4.32 mgd. Due to changes in the region, the expansion plans never came to fruition and therefore the docket approves the renewal of the existing WWTP and its related discharge. The WWTP will continue to discharge to Sheldrake Stream at River Mile 253.64—27.3—9.83 (Delaware River—Neversink River—Sheldrake Stream) and is located within the drainage area of the section of the nontidal Delaware River known as the Middle Delaware, which is classified as Special Protection Waters, in the Town of Fallsburg, Sullivan County, NY.
10. Brodhead Creek Regional Authority, D-1986-011 CP-3. An application to approve the expansion of the service area of the existing Brodhead Creek Regional Authority (BCRA) WWTP to include the existing Pocono Manor Village and Inn in Pocono Township (currently served by the existing Pocono Manor WWTP) and an additional proposed residential and commercial development located adjacent to the Pocono Manor Village and Inn in Tobyhanna Township. The Pocono Manor WWTP, which currently discharges to the Swiftwater Creek, a tributary of the Paradise Creek, which is a tributary of the Brodhead Creek, will be decommissioned after the connection of its service area to the BCRA WWTP. The expanded service area will connect to the existing Pocono Township sewer conveyance system, which conveys wastewater to the BCRA WWTP, by means of existing and proposed infrastructure. No modifications to the existing treatment facilities at the 4.5 mgd BCRA WWTP are proposed. The BCRA WWTP will continue to discharge to the McMichael Creek, a tributary of the Brodhad Creek, at River Mile 213.0—4.0—0.2 (Delaware River—Brodhead Creek—McMichael Creek) and is located within the drainage area of the section of the nontidal Delaware River known as the Middle Delaware, which is classified as Special Protection Waters, in the Borough of Stroudsburg, Monroe County, PA. The expanded service area is located in Tobyhanna and Pocono Townships in Monore County, PA.
11. Horsham Water & Sewer Authority, D-1988-017 CP-2. An application to renew the approval of an existing discharge and to approve the expansion of the 1.3 mgd Park Creek WWTP to 2.79 mgd. Effluent limits from the Department and the Commission will be based upon an average annual flow of 2.25 mgd. The WWTP will continue to discharge treated effluent to Park Creek at River Mile 115.63—24.1—9.0—1.1 (Delaware River—Neshaminy Creek—Little Neshaminy Creek—Park Creek), in Horsham Township, Montgomery County, PA.
12. Downingtown Municipal Water Authority (DMWA), D-1989-063 CP-2. An application for approval of a GWD from new Well No. DPW-1 to supply up to 44.64 mgm of water to the applicant's public water supply system and to retain the existing total system allocation of 77.5 mgm. The system will continue to be supplied by one surface water intake located in the East Branch Brandywine Creek in Downingtown Borough, Chester County, PA. The new well is to be used only as an emergency/backup supply when DMWA's existing surface water withdrawal (SWWD) is disrupted. The new well is completed in the Ledger Formation within the drainage area of the East Branch Brandywine Creek in Downingtown Borough, Chester County, PA.
13. Town of Fallsburg, D-1994-059 CP-2. An application for approval to expand the hydraulic design of the existing South Fallsburg (WHO) WWTP from 3.26 mgd to 10.7 mgd. Due to changes in the region, the expansion plans never came to fruition and therefore the docket approves the renewal of the existing WWTP and its related discharge. The WHO WWTP will continue to discharge to the Neversink River at River Mile 253.64—32.4 (Delaware River—Neversink River) and is located within the drainage area of the section of the nontidal Delaware River known as the Middle Delaware, which is classified as Special Protection Waters, in the Town of Fallsburg, Sullivan County, NY.
14. Sunoco Inc. Refining and Marketing, LLC, D-1995-041-2. An application to renew the approval of the withdrawal of up to 4.171 mgm of groundwater from 78 on-site remediation wells at the Philadelphia Refinery. The wells are located in the Cape May Formation in the City of Philadelphia, Philadelphia County, PA.
15. Nestlé Waters North America, Inc., D-1997-046-4. An application to continue the withdrawal of 9.3 mgm of spring water from Spring Nos. 1 and 3 at Arrowhead Springs Farm for the purpose of water bottling and to divert a maximum of 2.232 mgm of Spring No. 3 overflow to supply the applicant's trout hatchery house. The applicant has requested a reduction in the current passby flow requirement from 1.45 mgd to 1.28 mgd to allow spring withdrawals only when stream flows are above 1.28 mgd. DS Waters of America, Inc. will be removed as a co-docket holder, but its West Earl Township bottling plant is proposed to remain in the Area Served section of the docket. The withdrawal project is located in the Mill Creek Watershed in Millcreek Township, Lebanon County, PA.
16. Buckingham Township, D-2003-013 CP-6. An application to approve a GWD from new Well No. CS-4 and to renew the approval of an existing GWD of up to 43.4 mgm to supply the applicant's public water supply system from existing Wells Nos. F-1—F-9, CS-1—CS-3, CS-5, BV-1, BV-2, FS-1, FS-2, FG-1, FG-2, L-1 and L-2 in the Stockton, Brunswick and Lockatong Formations. The requested allocation is not an increase from the previous allocation. The wells are located within the Commission's designated Ground Water Protected Area in the Neshaminy, Pine Creek and Robin Run Watersheds in Buckingham Township, Bucks County, PA.
17. Coolbaugh Township, D-2006-023 CP-3. An application to renew and modify the approval of an existing discharge from the Coolbaugh Township WWTP. The WWTP is designed for a hydraulic capacity of 0.1 mgd, however the Department has limited its permitted discharge rate to 0.052 mgd. This docket modifies the previous Commission approval to similarly provide for a discharge rate of 0.052 mgd. The WWTP will continue to discharge treated wastewater effluent to the Tobyhanna Creek at River Mile 183.66—83.5—22.3 (Delaware River—Lehigh River—Tobyhanna Creek), within the drainage area of the section of the nontidal Delaware River known as the Lower Delaware, which is classified as Special Protection Waters, in Coolbaugh Township, Monroe County, PA.
18. Lehigh Carbon Community College, D-2009-025 CP-27. An application to renew the approval of an existing discharge from the 36,225 gallons per day Lehigh Carbon Community College WWTP. The applicant has also requested approval to install two new final clarifiers and aerobic digesters without modifying the hydraulic capacity of the facility. The WWTP will continue to discharge treated effluent to an unnamed tributary of Jordan Creek at River Mile 183.66—16.25—13.79—1.26 (Delaware River—Lehigh River—Jordan Creek—UNT) by means of Outfall No. 001 and is located within the drainage area of the section of the nontidal Delaware River known as the Lower Delaware, which is classified as Special Protection Waters, in North Whitehall Township, Lehigh County, PA.
19. Artesian Water Company, Inc., D-2004-001 CP-1. An application for approval of an existing GWD of up to 17.28 million gallons per 30 days to supply the applicant's public water supply system from existing Well Nos. W-1 and W-2 completed in the Cheswold Aquifer. The project wells are located in the Smyrna River Watershed in the Town of Smyrna, Kent County, DE. The project will be incorporated into the Comprehensive Plan. Future activities for the project will be regulated by DNREC in accordance with Section IV.C.4 of the Commission's Administrative Agreement with that agency dated July 28, 2010.
20. Union Lake Hotel, Inc., D-2012-018-1. An application to approve an existing discharge from the 0.06 mgd Camp Equinunk WWTP. The WWTP will continue to discharge treated effluent to an unnamed tributary of Little Equinunk Creek at River Mile 312.7—3.64—2.37 (Delaware River—Little Equinunk Creek—UNT) by means of Outfall No. 001, located within the drainage area of the section of the nontidal Delaware River known as the Upper Delaware, which has been classified as Special Protection Waters, in Manchester Township, Wayne County, PA.
21. RALHAL Corporation and Concord Estates Condominiums, LLC, D-2012-019 CP-1. An application to approve the construction and operation of a new 0.131 mgd WWTP. The applicant has requested that treated effluent from the proposed WWTP be discharged to Sheldrake Stream at River Mile 253.61—27.3—2.66 (Delaware River—Neversink River—Sheldrake Stream) by means of Outfall No. 001, within the drainage area of the section of the nontidal Delaware River known as the Middle Delaware, which has been classified as Special Protection Waters, in the Town of Thompson, Sullivan County, NY.
22. Cambridge-Lee Industries, LLC, D-2012-025-1. An application for approval of an existing SWWD to supply up to 33.70 mgm of industrial cooling water to the applicant's copper tubing manufacturing facility from one intake located on the Schuylkill River in Ontelaunee Township, Berks County, PA.
23. Philadelphia Energy Solutions Refining and Marketing (R&M), LLC, D-2012-026-1. An application for approval of an SWWD of up to 683.115 mgm from the Point Breeze and Girard Point intakes. The water will be used for industrial cooling and process water at two facilities. Both project intakes are located on the tidal Schuylkill River, within Water Quality Zone 4, in the City of Philadelphia, PA.
24. Philadelphia Regional Port Authority (Resolution). An application for inclusion in the Comprehensive Plan of a new marine terminal, referred to as the Southport Marine Terminal. The project will have a capacity at full build-out for an annual container throughput of 1.34 million 20-foot equivalent units and will include: (1) the disturbance of 116 acres for construction of a two-berth pier; (2) dredging of a 35-acre area within the Delaware River to a depth of 40 feet below mean low water, extending approximately 400 feet from the edge of the existing Federal navigation channel to the shore, generating an estimated 1,008,000 cubic yards of dredged material; (3) encroachment upon the 100-year floodplain of the Delaware River by the addition of 3-4 feet of fill in some land areas of the floodplain; 4) filling of an area of approximately 16.76 acres of open water tidal wetlands and upland wetlands within the tidal freshwater zone of the Delaware River; and (5) compensation for the loss of wetlands and other shallow water habitats through mitigation projects within or adjacent to the freshwater tidal reaches of the Delaware River at the confluence of Neshaminy Creek. The proposed Southport Marine Terminal project will be located in the City of Philadelphia, PA, and will extend along Delaware River Water Quality Zone 4 at approximately River Mile 95.5, from the east end of the former Philadelphia Naval Shipyard to an existing sheet pile bulkhead just south of Pier 124.
Note that project details commonly change in the course of the Commission's review, which is ongoing.
Public Meeting. The business meeting on March 6, 2013, will begin at 12:15 p.m. and will include the following items: adoption of the Minutes of the Commission's December 5, 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; consideration of items for which a hearing has been completed; and a public dialogue session. The Commissioners also may consider action on matters not subject to a public hearing.
There will be no opportunity for additional public comments at the March 6 business meeting on items for which a hearing was completed on March 5 or a previous date. Commission consideration on March 6 of items for which the public hearing is closed may result in either approval of the docket or resolution as proposed, approval with changes, denial or deferral. When the commissioners defer an action, they may announce an additional period for written comment on the item, with or without an additional hearing date or they may take additional time to consider the input they have already received without requesting further public input. Any deferred items will be considered for action at a public meeting of the commission on a future date.
Advance sign-up for oral 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 paula.schmitt@drbc.state.nj.us or (609) 883-9500, Ext. 224.
Addresses for written comment. Written comment on items scheduled for hearing may be delivered by hand at the public hearing or submitted in advance of the hearing date to Commission Secretary, P. O. Box 7360, 25 State Police Drive, West Trenton, NJ 08628, fax to Commission Secretary, DRBC at (609) 883-9522 or paula.schmitt@ drbc.state.nj.us. Written comment on dockets should also be furnished directly to the Project Review Section at the previously listed address or fax number or by e-mail to william.muszynski@drbc.state.nj.us.
Accommodations for Special Needs. Individuals in need of an accommodation as provided for in the Americans with Disabilities Act 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.
Updates. Note that items scheduled for hearing are occasionally postponed to allow more time for the Commission to consider them. Other meeting items also are subject to change. 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.,
Secretary[Pa.B. Doc. No. 13-271. Filed for public inspection February 15, 2013, 9:00 a.m.]
