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Ontario County

January 26, 2015



APPLICANT: Ontario County, 20 Ontario Street, Canandaigua, NY 14432

NYSDEC APPLICATION NUMBERS: 8-3244-00004/00007, 00001, and 00021

PROJECT DESCRIPTION AND LOCATION: Applicant Ontario County has submitted applications for permits from the New York State Department of Environmental Conservation ("DEC") to expand the Ontario County landfill on Route 5 & 20 in the Town of Seneca, Ontario County, New York, which is a mixed solid waste landfill accepting non-hazardous solid waste. The existing facility includes the closed Phase I and II/IIA landfills, and the active, operational Phase III landfill. The proposed project includes an expansion of the existing operational Phase III landfill and associated support facilities in accordance with the Operation, Management and Lease Agreement between Ontario County, New England Waste Services of New York, Inc. ("NEWSNY") and NEWSNY's assignee and wholly-owned subsidiary, Casella Waste Services of Ontario, LLC ("Casella Ontario"). The landfill expansion would consist of two stages including the Wrap-around (Stage VIII-A, Stage VIII-B, and Stage IX-B areas), which would cover approximately 16 acres around the northern and western boundaries of the Phase III landfill, and the Eastern Expansion (Stage IX-A and Stage IX-C) which would cover approximately 27.5 acres to the east, including the existing soil borrow area. The proposed new stages would eventually overlay a portion of the existing Phase III landfill and the final elevation would be 28 feet higher than the height for which the existing landfill is permitted. A proposed new soil borrow area, covering approximately 15.5 acres, would be constructed to the south of the existing landfill in an area to be owned by the Town of Seneca and to be leased by Casella, with an easement to be provided to Ontario County, and would generate approximately 922,850 cubic yards of soil to be used for cover. Additional proposed site modifications include the modification of one stormwater pond; the relocation of one other storm water pond; the construction of two new stormwater ponds; the relocation of the maintenance building, and utilities (including electric, telephone and water lines); and construction of two new leachate storage lagoons, a new landfill gas flare, and site access roads. Portions of two stormwater ponds and a proposed expansion perimeter berm would be located in the adjacent area of State-regulated Freshwater Wetland ST-12. Also temporary impacts to the adjacent areas of Freshwater Wetlands ST-12 and ST-6 would occur during construction.

PERMITS REQUESTED: Applicant requests a Freshwater Wetlands permit pursuant to New York State Environmental Conservation Law ("ECL") article 24 and title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York ("6 NYCRR") part 663; a modification of an existing Solid Waste Management permit pursuant to ECL article 27 and 6 NYCRR part 360; and modification of an existing Air Title V Facility permit pursuant to ECL article 19 and 6 NYCRR part 200, et seq. A 5-acre waiver approval under the SPDES Multi-Sector General Permit is also required.

Title V Permit Modification: Ontario County submitted an application for modification of its recently renewed Title V Permit to expand its landfill facility.

The current permit includes two emission units: the five landfill areas (1-LANDF) and the leachate storage pond (2LCHST). The 1-LANDF unit contains four emission points, including 4 enclosed flares 002FL (500 cubic feet per minute (cfm)), 003FL (1750 cfm), XXXFL 1200 cfm) and 004FL (3000 cfm), and fugitive emissions from the landfill. Fugitive emissions from the leachate storage pond are included in the 2LCHST unit. Landfill gas is directed to a separately owned and operated landfill gas to energy (LFGTE) facility, permitted by Seneca Energy II, LLC. The proposed modified permit includes new emission sources (two new landfill areas including stages VIII and IX) to be added to the 1-LANDF landfill unit (emission source EXPL3), two new leachate ponds (identified above and also known as leachate lagoons), which will replace the existing lagoon, to be added to 2LCHST (leachate pond unit), and a new enclosed flare EXPFL (3200 cfm). The draft permit also includes new monitoring and other conditions related to the new sources.

The existing facility is a major source for Non-attainment New Source Review (NANSR) pursuant to 6 NYCRR subpart 231-6. The proposed modification triggers a major source threshold pursuant to NANSR for Greenhouse Gases (GHG). Therefore, a Best Available Control Technology (BACT) analysis on GHG was required. The gas collection and control system, including the existing and proposed flares, was determined to satisfy BACT. The proposed expansion would result in minor source increases in other parameters, which are not subject to NANSR.

In accordance with 6 NYCRR sections 621.7(b)(9) and 201-6.3(c), the Administrator of the United States Environmental Protection Agency (USEPA) has the authority to bar issuance of any Title V Facility Permit determined not to be in compliance with applicable requirements of the Clean Air Act or 6 NYCRR part 201.

NOTICE OF COMPLETE APPLICATION: Applicant and the public are hereby notified that the applications are complete in accordance with ECL article 70 and 6 NYCRR part 621 (Uniform Procedures).

STATE ENVIRONMENTAL QUALITY REVIEW ACT ("SEQRA") DETERMINATION:Ontario County, as lead agency, determined that the proposed landfill expansion was a Type I action and may have a significant adverse environmental impact and issued a Positive Declaration on June 23, 2011. A Draft Environmental Impact Statement ("DEIS") was accepted by Ontario County on December 22, 2011. A Final Environmental Impact Statement ("FEIS") was accepted on August 23, 2012, and Findings were issued on May 9, 2013.

DEC STAFF POSITION: A draft Air Title V Facility permit modification, together with the associated permit review report, is available for public review from the Department contact person and on DEC's website (See "Document Availability" section below.) A draft Solid Waste Management permit modification and a draft Freshwater Wetlands permit will be available from the Department contact person and on DEC's website by no later than January 28, 2015. These draft permits represent a tentative determination and do not signify approval or endorsement of the proposed project.

LEGISLATIVE HEARING: A legislative hearing will be held pursuant to 6 NYCRR part 624 to hear and receive unsworn statements of the public concerning the applications and draft permits. The hearing will be conducted by DEC Administrative Law Judge ("ALJ") D. Scott Bassinson at 6:00 p.m. on March 3, 2015 at the Canandaigua Middle School Auditorium located at 215 Chapel St., Canandaigua, NY 14424. All persons, organizations, corporations or government agencies that may be affected by the project are invited to attend the hearing and to submit oral or written comments. While it is not necessary to file in advance to speak at the hearing, lengthy comments should be submitted in writing and summarized for oral presentation. Equal weight will be given to both oral and written statements. Reasonable time limits may be set for each speaker as necessary to afford all attendees an opportunity to be heard.

The hearing location is fully accessible to persons with a mobility impairment. Interpreter services shall be made available to deaf persons and translator services will be made available to limited English proficiency persons at no charge upon request to the ALJ at least 10 days prior to the hearing.

WRITTEN PUBLIC COMMENTS: Written comments concerning the applications and draft permits may be mailed to Administrative Law Judge D. Scott Bassinson at DEC's Office of Hearings and Mediation Services, 1st Floor, 625 Broadway, Albany, New York, 12233-1550, and will be considered equally with oral statements delivered at the legislative hearing, provided they are received by March 3, 2015.

ISSUES CONFERENCE: Pursuant to 6 NYCRR 624.4(b), a pre-adjudicatory issues conference will be conducted by Administrative Law Judge D. Scott Bassinson at the Auditorium in the Student Services Center at Finger Lakes Community College, 3325 Marvin Sands Drive, Canandaigua, NY 14424. The conference will begin at 9:30 a.m. on March 11, 2015, and continue throughout that day and on March 12, 2015, if necessary. The purpose of the issues conference is to determine party status for any person or organization that has properly filed a petition (as indicated below), and to narrow and define those issues, if any, that will require adjudication in this matter. Participation at the issues conference shall be limited to DEC staff, applicant, and those persons or organizations requesting party status.

FILINGS FOR PARTY STATUS AND PROPOSED ISSUES: Persons seeking to participate at the issues conference and any subsequent adjudicatory hearing, if one is necessary, must file a written petition explaining whether their request is for full party status or amicus status. For the required contents of petitions for full party status, see 6 NYCRR 624.5(b)(1) and (2). To determine whether an issue is substantive see 6 NYCRR 624.4(c)(2), and to determine whether an issue is significant, see 6 NYCRR 624.4(c)(3). For the required contents of a petition seeking amicus status, see 6 NYCRR 624.5(b)(1) and (3).

ALL PETITIONS REQUESTING PARTY STATUS TO PARTICIPATE AT AN ADJUDICATORY HEARING MUST BE RECEIVED AT DEC'S OFFICE OF HEARINGS AND MEDIATION SERVICES NO LATER THAN 4:00 P.M. ON FEBRUARY 25, 2015. Address all petitions to D. Scott Bassinson, Administrative Law Judge, New York State Department of Environmental Conservation, Office of Hearings and Mediation Services, 1st Floor, 625 Broadway, Albany, New York, 12233-1550, telephone: (518) 402-9190, email: At the same time and in the same manner that the petition is furnished to the ALJ, a copy of the petition must be furnished to Casella Ontario's and Ontario County's attorneys, Thomas West, Esq., The West Firm, PLLC, 677 Broadway 8th Floor, Albany, New York, 12207, telephone: (518) 641-0500, email:, and Kristen Thorsness, Assistant County Attorney, Ontario County, Ontario County Courthouse, 27 N. Main Street, Canandaigua, New York, 14424, telephone: (585) 396-4166, email:; and to DEC staff's attorney, Lisa Schwartz, Esq., NYSDEC Region 8, Office of General Counsel, 6274 East Avon-Lima Road, Avon, New York, 14414, telephone: (585) 226-5364, email:

Filing of petitions by email is authorized provided petitions are received by all of the above parties by the 4:00 P.M. deadline, and a conforming hard copy is sent by first class mail and postmarked by the deadline date. Telefaxed petitions will not be accepted.

Any questions about filing requirements or other hearing procedures may be addressed to ALJ Bassinson by telephone at (518) 402-9190. DEC's permit hearing regulations may be found at, and a guide to permit hearing procedures may be found at, Hearings and Mediation Services, Guide to Permit Hearings.

DOCUMENT AVAILABILITY: The permit application documents and supporting materials are available for public review at the following locations during normal business hours:

NYS Department of Environmental Conservation
6274 East Avon-Lima Road
Avon, New York 14414
Contact: Kimberly Merchant at (585)226-5392

Office of the Clerk of the Ontario County Board of Supervisors in the Ontario County Municipal Building at 20 Ontario Street, Canandaigua, NY 14424. For information, contact the Ontario County Planning Dept. at (585) 396-4455.

Electronic copies (CD) of the complete permit application package and supporting documents are available upon request from the DEC contact person listed above, and selected documents will be available on DEC's public website as soon as possible at (Scroll down to Documents of Public Interest for Noteworthy Projects, Region 8, and click on the link.)

The Title V draft permit and permit review report also may be viewed and printed from the Department website at

Documents are also available at the following address: Please note, if you are prompted for a password, leave it blank and hit enter.

APPLICABLE STATUTES AND REGULATIONS: These applications are being processed pursuant to ECL article 1 (General Provisions); article 3 (General Functions); article 27 and 6 NYCRR part 360 (Solid Waste Management); article 24 and 6 NYCRR part 663; article 70 and 6 NYCRR part 621 (Uniform Procedures), article 19 and 6 NYCRR part 200 et seq. (Air Title V); and 6 NYCRR part 624 (Permit Hearing Procedures).

James T. McClymonds
Chief Administrative Law Judge

January 26, 2015
Albany, New York

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