DEP Environmental Protection Invoices, 1999-2001

NYC 9/11 Public Portal Document /09/.01 TOE 17:26 FAX baa 255 3042 NYS DEC !0002

Mr. Mark Hoffer January 9, 2001 Page 2

inadequate to destroy harmful microorganisms or to maintain a specific chlorine residual is a specific public health hazard tinder 10 NYCRR Part 5-1.1(ar)(5)

4. The proposed use of alum treatment would be a corrective or remedial action as those terms are used in 10 NYCRR Part 5-1. Alum treatment has been demonstrated to reduce turbidity levels in reservoirs, such as the Kensico Reservoir. If this corrective or remedial action through the use of alum treatment is not utilized, the health of millions of New Yorkers could be placed in jeopardy.

The New York State Department of Health, in a letter signed by Mike Burke P.E., dated January 9, 2001, approved New York City Department of Environmental Protection's (NYC DEP)request for alum and sodium hydroxide treatment "given the high turbidity levels in water entering the Kensico Reservoir and the potential imminent development of a public health hazard."

Therefore, DEC hereby authorizes NYC DEP to introduce alum and sodium hydroxide into its Catskill Water Supply, in accordance with the terms and Monitoring Protocols as set forth in the January 8, 2001, NYC DEP emergency authorization request. In addition, NYC DEP shall comply with'the following conditions:

The NYC DEP shall comply with the nine (9) conditions in the January 9, 2001 approval letter (sent directly to you) from the New York State Department of Health (NYSDOII), including all notification, monitoring and sampling requirements.

The NYC DEP shall notify the Westchester County Health Department before each introduction of alum and sodium hydroxide. Actions taken pursuant to this grant of emergency authorization must be carried out in a manner that will cause the least change, modification or adverse impact to life, health, property or natural resources.

Within thirty days, NYC DEP shall respond in writing to DEC's comments raised in the January 10, 2000 letter from Orest Lewinter to NYC DEP Joseph Ketas regarding the alum application in the chemical addition DEIS. In addition, within thirty days, NYC DEP shall submit to DEC a schedule to undertake a conceptual design and evaluation to assess the viability of constructing turbidity curtains and/or alternative methods of confinement and containment of alum floc settlement. DEC expects NYC DEP to consider a broad range of alternative mitigation measures that could be employed to address the resultant alum-floc settlement.

Pursuant to ECL Section 70-0116.2, DEC may issue an emergency authorization for a tern not to exceed 30 days and, at the written request of the applicant, may renew it for one additional term not to exceed 30 more days. This emergency action must be concluded within this time period. Accordingly, we grant this emergency authorization through February 8. 2001. If circumstances warrant an extension of this emergency authorization, please submit a written request to me prior to that date. Finally, NYC DEP understands that violation of any provision of ECL Section 70-0116(7), including those conditions listed above, may be enforced by DEC pursuant to Article 71 of the ECL.