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CWM Chemical Services, L.L.C. - February 23, 2018

CWM CHEMICAL SERVICES, L.L.C.

STATE OF NEW YORK
FACILITY SITING BOARD
and the
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF DEADLINE FOR PETITIONS FOR PARTY STATUS
AND ISSUES CONFERENCE

Applicant: CWM Chemical Services, LLC (1550 Balmer Road, PO Box 200, Model City, New York 14107) (CWM), proposes to construct and operate a new landfill and ancillary facilities to store, treat, and dispose of hazardous and industrial non-hazardous waste at CWM's Model City facility located in the Towns of Porter and Lewiston, Niagara County. The proposed landfill would be designated as Residuals Management Unit - Two (RMU-2).

Previous Notices: The original notice of complete application was published in the Department's Environmental Notice Bulletin (ENB) on May 7, 2014, and in local newspapers during the week of May 5, 2014. A notice of issues conference was issued March 11, 2015, scheduling the issues conference for April 28, 2015. However, Departmental review of the State Pollutant Discharge Elimination System (SPDES) permit modification and the Air State Facility (ASF) permit modification applications was not completed before the issues conference convened on April 28-30, 2015.

In the December 28, 2016 edition of the ENB, staff from the Department's Region 9 office issued a notice of complete application with respect to the draft SPDES permit modification. Staff referred the application materials and draft SPDES permit modification to the Office of Hearings and Mediation Services (OHMS) on June 1, 2017 (June 2017 draft SPDES permit). In the August 23, 2017 edition of the ENB, staff issued a notice of complete application with respect to the draft ASF permit modification, and referred the application materials and draft permit to OHMS on December 8, 2017 (December 2017 draft ASF permit).

Issues Conference: Pursuant to title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) § 624.4(b), a pre-adjudicatory issues conference will reconvene in the Board Room of the Community Resource Center, 4011 Creek Road, Youngstown, New York 14174. The issues conference will begin at 10:00 a.m. on July 10, 2018, and will continue at the same time and location the next day, as necessary.

An electronic copy of new petitions for full party status or amicus status, or supplements to previously filed petitions must be sent, via email, to ALJ Daniel P. O'Connell (daniel.oconnell@dec.ny.gov), and must be received by 4:00 p.m. on May 2, 2018. One conforming hard copy must be postmarked by May 2, 2018, and sent by first class mail to ALJ O'Connell at the Office of Hearings and Mediation Services, New York State Department of Environmental Conservation, 625 Broadway, 1st Floor, Albany, NY 12233-1550.

The purpose of the issues conference is to identify substantive and significant issues, if any, that require adjudication with regard to the June 2017 draft SPDES permit and the December 2017 draft ASF permit. Please note that participation at the issues conference on July 10, 2018 is limited to Department staff, applicant, and those persons who file either new petitions for full party status or amicus status, or supplements to previously filed petitions, consistent with the requirements outlined in 6 NYCRR part 624. For the required contents of petitions for full party status, see 6 NYCRR 624.5(b)(1) and (2). For the required contents of petitions for amicus status, see 6 NYCRR 624.5(b)(1) and (3). 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).

In addition to filing a petition with the ALJ, one electronic copy of any petition must also be sent via email by 4:00 p.m. on May 2, 2018, and one conforming hard copy postmarked by May 2, 2018, by first class mail to counsel for Department staff, CWM's counsel, and the intervening parties, who have already obtained full party status:

1. Daniel M. Darragh, Esq., Cohen & Grigsby, PC, 625 Liberty Avenue, Pittsburgh, Pennsylvania 15222 (ddarragh@cohenlaw.com);

2. Kevin M. Bernstein, Esq., Bond, Schoeneck & King, PLLC, One Lincoln Center, Syracuse, New York 13202-1355 (kbernstein@bsk.com);

3. David Stever, Esq., Assistant Regional Attorney, and Teresa Mucha, Esq., Assistant Regional Attorney, NYS DEC Region 9, 270 Michigan Avenue, Buffalo, New York 14203 (david.stever@dec.ny.gov and teresa.mucha@dec.ny.gov);

4. R. Nils Olsen, Esq., W7642 Koshkonong Mounds Road, Fort Atkinson, Wisconsin 53538-9508 (slinneslo2@aol.com);

5. Gary A. Abraham, Esq., 4939 Conlan Road, Great Valley, New York 14741 (gabraham44@eznet.net); and

6. Amy H. Witryol, 4726 Lower River Road, Lewiston, New York 14092 (amyville@roadrunner.com).

Counsel for CWM and Department staff may file a written response to any duly filed petition or supplement. One electronic copy of any response must be sent via email by 4:00 p.m. on June 1, 2018, and one conforming hard copy postmarked by June 1, 2018, by first class mail to the ALJ and the remaining parties and petitioners.

James T. McClymonds
Chief Administrative Law Judge

Albany, New York
February 23, 2018

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