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Chemung County MSW Landfill

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF PUBLIC COMMENT PERIOD
NOTICE OF PUBLIC STATEMENT HEARING
NOTICE OF COMPLETE APPLICATION

Applicant: Chemung County

Project Location: Chemung County MSW Landfill
1488 County Route 60
Lowman, New York 14825

DEC Application ID Numbers and Permits applied for:

  • ECL Article 27: Solid Waste Management, #8-0728-00004/00013
  • ECL Article 19: Air Title V Facility, #8-0728-00004/00017

Project Description: The Applicant proposes a lateral expansion of the Chemung County Municipal Solid Waste (MSW) Landfill facility which accepts municipal and non-hazardous mixed waste; certain oil and gas exploration wastes; commercial and industrial wastes; and other wastes included in the current Part 360 permit. The Applicant is not proposing a modification to the wastes that can be accepted at the facility.

The existing landfill site consists of Cells I, II, IIIA, IIIB, IVA, and IVB as well as closed landfill Area 3 and 5. The existing active MSW landfill footprint is approximately 30 acres. The overall facility is on a 434-acre site and consists of the existing landfill, the closed landfills, a Construction and Demolition Debris (C&D) landfill, perimeter berms, storm water channels and access roads, storm water ponds, leachate facility, and an existing soil borrow area.

The proposed project consists of the Cell V expansion, which involves the construction of approximately 44.5 acres of new liner system along the eastern boundary of the existing active landfill (existing Cells II and IIIA) including 2.6 acres of overlay liner over the previously developed unlined landfill Area 5 and 8.2 acres of overlay liner over the active lined MSW landfill (requiring 33.7 acres of liner over area which is not currently landfill). The proposed rate of waste acceptance, which is currently an annual-permitted tonnage limit of 180,000 tons per year (tpy), would also be increased to 417,000 tons per year.

The application also proposes that the facility's current operating hours of 7:00 a.m.­­-6:00 p.m. be increased one hour to 7:00 a.m.-7:00 p.m. Furthermore, the proposed project includes the development of a new 18.9-acre soil borrow area as well as the construction of a storm water pond, leachate storage facilities, and access roads.

The proposed project would extend the life of the landfill approximately 16.6 years or more based on the proposed increased waste acceptance rate. The final height of the lateral expansion area would be 1152 feet MSL, which is the same as the approved final height of the existing landfill.

In addition, the Applicant has applied for a variance from 6 NYCRR Subpart 360-1.14(p)(4), to allow individual equipment located at the facility to exceed 80 dBA at 50 feet. This variance does not change Part 360's allowable noise limits at the property line which will remain at the rural standard of 57 dBA during daytime hours (7:00 a.m.-10 p.m.).

Please note that although the SEQR record reflects a Cell VI expansion (planned to be located adjacent to the southern boundary of the existing Area 5 landfill and the proposed Cell V and to include approximately 22 acres of new liner system), Cell VI is not included in the application before the Department. Similarly, although the SEQR record addresses the construction of a new landfill gas-to-energy facility (LFGTE), the proposed project before the Department does not include a LFGTE. Flares are proposed for controlling landfill gas. Cell VI and/or a LFGTE may be proposed in the future.

Draft Title V Permit and NYSDEC's Tentative Position: The NYSDEC has prepared a draft Air Title V Facility permit ("Draft Title V Permit") for the proposed landfill expansion. The Draft Title V Permit represents NYSDEC's tentative determination and does not signify NYSDEC's approval of/or endorsement of the proposal.

Chemung County submitted an application for the renewal and modification of the Title V Facility Permit for all air pollution processes at the Chemung County Landfill facility associated with the existing landfill and the proposed landfill expansion. The Draft Title V Permit includes a renewal and a modification which will allow for the construction of the proposed landfill expansion and the continued operation of the gas collection and control system to reduce emissions and limit odors at the facility. The Draft Title V Permit includes air pollutant emission limitations, compliance schedules, and periodic monitoring requirements to ensure and verify compliance with the applicable requirements.

Existing permitted emission points at the Landfill currently include 8 candlestick flares, a 793 cfm open flare, a 1,200 cfm open flare (authorized under Operational Flexibility provisions), and fugitive emissions from the Landfill and the leachate collection pond. Although the landfill is not yet subject to the gas collection and control requirements of 40 CFR 60 Subpart WWW, the landfill has installed an active gas collection system. The facility, however, remains subject to Title V permitting requirements due to the applicability of 40 CFR 60 Subpart WWW and remains a minor source pursuant to Non-Attainment New Source Review with the exception of greenhouse gases (GHGs) for which the facility will become a major source due to the expansion.

The proposed Title V permit modification is based on the new Potential to Emit (PTE), which includes: fugitive emissions from approximately 8,154,588 cubic yards of additional air space from the Cell V expansion; the existing candlestick flares; the existing 793 cfm open flare; the permitted 1,200 cfm open flare; a new 2,040 cfm enclosed flare (VFL01); and other miscellaneous and exempt sources.

In accordance with 6 NYCRR Subparts 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 if it is determined not to be in compliance with applicable requirements of the Clean Air Act or 6 NYCRR Part 201.

Persons wishing to inspect the subject Title V files, including the application with all relevant supporting materials, the draft permit, and all other materials available to the DEC (the "permitting authority") that are relevant to this permitting decision should contact the DEC representative listed below. The Draft Permit and Permit Review Report may be viewed and printed from the Department web site at: http://www.dec.ny.gov/chemical/32249.html.

DEC will evaluate the application and the comments received on it to determine whether to hold an adjudicatory hearing. Comments and requests for an adjudicatory hearing should be in writing and addressed to the Department representative listed below. A copy of the Department's permit hearing procedures is available upon request or on the Department web site at: http://www.dec.ny.gov/permits/6234.html.

Public Statement Hearing: Pursuant to 6 NYCRR Subpart 621.8, the NYSDEC has scheduled a public statement hearing to be conducted on December 2, 2015 at the:

Chemung County Office Building
Legislative Hearing Room
210 Lake Street
Elmira, NY 14902-0588
.

The public statement hearing will begin at 6:00 pm. The public statement hearing is to receive unsworn comments on the proposed project. Written comments may also be submitted.

ALL PERSONS, ORGANIZATIONS, CORPORATIONS, OR GOVERNMENT AGENCIES WHO MAY BE AFFECTED BY THE PROPOSED PERMITS ARE INVITED TO ATTEND THE HEARING AND TO SUBMIT ORAL OR WRITTEN COMMENTS ON THE APPLICATION. IT IS NOT NECESSARY TO FILE IN ADVANCE TO SPEAK AT THE HEARING. LENGTHY COMMENTS SHOULD BE SUBMITTED IN WRITING. EQUAL WEIGHT WILL BE GIVEN TO BOTH ORAL AND WRITTEN STATEMENTS. THE ADMINISTRATIVE LAW JUDGE (ALJ) MAY LIMIT THE TIME AVAILABLE FOR ORAL COMMENTS TO 3 MINUTES PER PERSON TO ENSURE THAT ALL PERSONS HAVE AN OPPORTUNITY TO BE HEARD. THE HEARING FACILITY IS REASONABLY ACCESSIBLE TO THE MOBILITY IMPAIRED.

Translator services shall be made available, at no charge, upon written request to the ALJ. All requests must be made to the NYSDEC Office of Hearings and Mediation Services, ALJ Molly T. McBride, 625 Broadway, First Floor, Albany, New York, 12233-1550, phone (518) 402-9003. The request must be received no later than 4:00 p.m. on November 23, 2015. Interpreter services shall be made available to deaf persons, at no charge, upon written request to the ALJ at the address listed above by November 23, 2015.

State Environmental Quality Review (SEQR): The Chemung County legislature, as the lead agency, determined that the proposed landfill expansion is a Type I Action and issued a Positive Declaration. It issued a Draft Environmental Impact Statement in January 2014 and a Final Environmental Impact Statement in January 2015. The county also issued a Statement of Findings in February 2015. The NYSDEC, as an Involved Agency, will issue a Statement of Findings prior to making a final permitting decision.

State Historic Preservation Act (SHPA): Archaeological and cultural resource surveys commissioned by the Applicant were completed for all areas of the expansion. The New York State Historic Preservation Office (NYSHPO) issued a letter dated November 19, 2013 stating that there were no effects to archaeological resources or National Register eligible or listed buildings or structures with the exception of one property which would require further consultation. NYSHPO issued a letter dated August 18, 2014 which stated that they continued to have no archaeological concerns. Mitigation was included in the FEIS pertaining to the Chemung Battlefield.

Document Availability:

The permit applications with supporting documents, and the draft Air Title V Facility permit, may be reviewed at the following locations during normal business hours:

  • New York State Department of Environmental Conservation, Region 8 Office, 6274 East Avon-Lima Road, Avon, New York, 14414;
  • Chemung County Office Building, 5th Floor, County Legislature's Clerk's Office, 203 Lake St. Elmira, NY 14901
  • Town of Chemung, 48 Rotary Road Extension Chemung NY 14825
  • Steele Memorial Library, 101 E Church St, Elmira, NY 14901

Select documents are also posted on applicant's website at:

ftp://ftp.bartonandloguidice.com/
User Name: chemungco
Password:chemungco123)

As noted above the draft Air Title V Facility permit is also on the Department website at http://www.dec.ny.gov/chemical/32249.html

How to Provide Your Comments: Any interested person may submit comments in writing, or verbally at the public comment session. All comments will be considered in making the final decision about issuance of the permit. Written comments about the permit application must be RECEIVED BY December 4, 2015 to be considered and should be sent to:

Kimberly Merchant, Deputy Regional Permit Administrator
NYSDEC Region 8
6274 East Avon-Lima Road
Avon, NY 14414
Or Emailed to ChemungLFExpansion@dec.ny.gov

4845-1399-6585, v. 2

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