Getting to DEC

Permit Review Exercise Instructions 2006

I. Teams for the Exercise

Group Facilities Members Buffalo Sewer Authority Buffalo Sewer Authority Chaberlain CSOs Combined Sewer Overflows Crawford into the Buffalo River Doren 3 to office; 2 LTCP Drayer Dubs Southtowns Sewers 1. East Aurora Ehman 2. Elma (4 SDs) Eldridge 3 to office 3. Holland Feldman Flicker Hampton Harper Outlying Sewers 1. Cheektowaga Henskee 1 or 2 to office 2. Alden Horner 3. Concord Jay West Seneca SSOs Johnson 1 to office Jones Large Industrial A PVS Chemicals Kanyuk Karam 3 to office; one court Koch papers Litwin

Large Industrial B Buffalo Color Luther 1 to office Meyers Large Industrial C Mobil Oil Schuster 1 to office Sen Medium/Small Industrial A Norfolk & Southern/Conrail Molisani (Bison Yard) Noh 2 to office CSX/Conrail Frontier Yard Phillips Worthington Quinn Airco General Mills Medium/Small Industrial B Joy/Cooper Robinson 2 to office National Starch Schuler Seneca Platers Medium/Small Industrial C Koch Brewery Shahmatova 2 to office Moog Industries Smith Fisher-Price Defunct Industrial A LTV Steel/Republic Tuberdyck Dresser Industries Weber Pillsbury Agway Advanced Metal Recycling

Defunct Industrial B Donner-Hanna Coke Wilson Engine 10 Wisniewski Peavey Xie American Malting International Multifoods Pacific Molasses Erie Lackawanna Ramco Steel

II. Getting to DEC

The file review exercise will take place at 9am Friday Feb. 24. Please make sure to give yourself plenty of time to get there by 9: there will be some rush hour congestion, and prior years have demonstrated that while law students as a group are extremely intelligent and articulate, many are not particularly “street smart” in navigating the byways of South Buffalo. If all goes smoothly, you can get there from the law school area in about 40 minutes—but it’s a good idea to allow yourself extra time for missed turns, getting lost, etc. You need to arrange your own ride(s) to the offices of Region 9 of the Department of Environmental Conservation. The address is:

270 Michigan Avenue, in the City of Buffalo south and a bit east of the central business district

Our host is Bruce Wager Division of Water—ph 851-7070 The labels used on the Mapquest maps reproduced here do not always correspond to the street names a native Buffalonian would use. Although the map below shows DEC as being on a street called “Harriet Tubman Way,” that is an honorific designation to commemorate the nearby Michigan Ave. Baptist Church (which was an important stop on the Underground Railroad guiding escaping slaves to Canada). Most of the local signs will indicate that the street in question is “Michigan Avenue.” The DEC offices are in a large red-brick building at the corner of Michigan and Seneca Streets (Route 16 on the map). The two maps reproduced here also show the “New York State Thruway” running east to west through this area, but everybody who drives around here calls it “the 190” (or, if you want to get formal, “the Interstate 190”) to distinguish it from the Mainline Thruway, which will take you to Albany or Pennsylvania rather than the DEC offices. Driving Directions from the Vicinity of the Law School:

1. Take Millersport Highway (Rte. 263) south from the Law School to the on-ramps for the I-290 (a.k.a. Youngmann Highway).

2. Take the 290 eastbound past the Main Street exits, and stay in the right lanes to merge into the Mainline Thruway near the blue water tower.

3. Stay to the right—the first exit coming up is Route 33 (Kensington Expressway) —take the first ramp to go westbound toward downtown. Do NOT take the second (eastbound) exit to the airport.

4. Follow the expressway all the way to downtown, being careful to stay left where the Scajaquada Expressway (Route 198) splits off to the right. The end of the expressway feeds into Oak Street—get in the left lane at this point.

5. After several stop lights, turn left on South Division Street by the Erie Community College campus (large gray stone building on your right).

6. In two blocks, at the corner of Michigan Ave., turn right.

7. Within a block, you will be in sight of a large surface parking lot on your right, just before the Seneca Street (Route 16) intersection (stop light). Usually it has a big “Park DEC” portable sign on Michigan Ave. Drive through to the rear of the lots to the attendant’s shed, and get your receipt and directions as to where to park.

8. Walk back toward Michigan Ave., turn right and cross Seneca St. at the red light. The large brick building across the street is DEC—enter glass door on Michigan Ave.

9. You must be buzzed in through security doors from the lobby—if you are there before 9, wait until a group assembles; if it is after 9, use the wall phone to contact the secretaries in the Division of Water and be admitted.

III. Guides for Permit Reading Exercise. As discussed in class, this exercise has a real-world component: work from this project will be used in preparing a revision to the Remedial Action Plan for the Buffalo River. You are assigned to provide the following information in written form (and summarize orally in the March 2 class). Some of the information you are working with will be current, other information will be historical so that Riverkeeper can get a sense of the changes in loadings to the river over time.

1. Identify facility, permittee, permit number—what goes on at this site? What do they do, or make? How many discharges, to what waterway? What kinds of permit limits are applicable? To the extent available information supports such a calculation, what are the mass loadings for a given time (both permitted and actual) for each pollutant? Those reviewing current permits should also review historical data in order to see how the facility may have changed over time.

2. Are there violations? How frequently, how long continued, how much over permit limits?

3. If you have identified any violations or exceedances in recent DMRs—

a. Any explanations of violations or meaningful steps toward compliance? Can you tell how (or whether) DEC has attempted to get this facility in compliance? List key actions and dates with any relevant explanatory material.

b. What impacts is noncompliance having on the receiving waters? Are any persons adversely affected by noncompliance?

c. Would a lawsuit be appropriate? Why? What factors should be taken into account in making the decision?

d. If your recommendation is to bring a lawsuit, what penalties should be sought? Why? (b) If your recommendation is not to bring a lawsuit, should or could anything else be done to address compliance problems at the facility?

4. If you have any thoughts or ideas about how currently discharging facilities should be addressed in future plans to restore beneficial uses in the Remedial Action Plan revisions, please discuss.

Work Products

After the data have been reviewed, each team should divide up the work of answering the above questions among the team members. For class on March 2, all teams should be prepared to make a presentation in class on your findings and conclusions. Each member of the team should present on the issues he or she is addressing. Total team presentation should not exceed ten minutes, so be concise. You may be asked questions.

A written summary of your findings, conclusions and rationales should be submitted no later than close of business (4pm) Monday March 6 to Lois Stutzman in Room 718 O’Brian. Filings must be in hardcopy only; no e-filings. Reports should clearly indicate on the cover sheet who authored which portions.

Resources for Permit Reading Exercise http://www.dec.state.ny.us/website/dow/303dcalm.html New York’s listing of impaired waters (not achieving classified uses) for which a TMDL should be prepared http://www.dec.state.ny.us/website/dow/bwcp/FAQ.html FAQs on the permits program in New York http://www.dec.state.ny.us/website/dow/togs/index.htm DEC’s online compendium of technical guidance documents http://www.epa.gov/enviro/index_java.html EPA Envirofacts warehouse