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Al Turi Landfill, Inc. (May 2002)

May 6, 2002

New York State Department of Environmental Conservation
Office of Hearings and Mediation Services
625 Broadway, Albany, NY 12233-1550
Notice of Legislative Hearing

Applicant: Joseph Gambino, President, Al Turi Landfill, Inc., 73 Hartley Road, Goshen, NY 10924

Facility: Al Turi Landfill

Location: NYS Rt. 17M, west of Hartley Road in the Town of Goshen, Orange County.

Permit Applied For: Title V Permit (Air Pollution Control)

DEC Application: 3-3330-00002/00039

Previous Notice: On October 12, 2001 this Department prepared a Notice of Complete Application and a Draft Title V Permit pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law and Title V of the Federal Clean Air Act Amendments. The Department also made a tentative determination to approve this application. Based upon the public comment letters received from that Notice, the Department staff determined that there was a need for a Legislative Hearing.

Project Description: The Al Turi Landfill, Inc., owns and operates a municipal solid waste landfill in Goshen, NY. The facility is equipped with a landfill gas collection system which conveys landfill derived gas to the independently owned and operated Ameresco LFG-1 Inc., facility where it is burned to produce electricity. The Al Turi landfill design capacity is 5.5 million Megagrams with a maximum landfill gas omission rate of 753 Megagrams per year.

The landfill gas collection system consists of approximately 112 vertical gas extraction wells and approximately 10 horizontal gas pipes spaced approximately 200 feet apart with a series of lateral and header pipes. The current permitted landfill is at approximately 95% capacity, or greater. Installation of a Part 360 equivalent final cover system was substantially completed for the older portions of the landfill in the year 2000. A Part 360 final cover system has been installed on approximately 90% of the operational portion of the landfill.

Please note that the purpose of this Notice of Hearing is to elicit public comments on the Department's review of the Title V permit application for the air emissions from the existing landfill. The Notice is not requesting public comments on any other aspect of operation, permitting or closure of any other aspect of the Al Turi Landfill site.

State Environmental Quality Review Determination (SEQR) This is an application for a Title V permit for the existing permitted Al Turi Landfill, and thus is a Type II Action in accordance with 617.5(c)(26) "License, lease and permit renewals, or transfers of ownership thereof, where there will be no material change in permit conditions or the scope of permitted activities."

Please note that the October 12, 2001 Notice of Complete Application for this application incorrectly identified the project as an Unlisted Action with a Negative Declaration. The correct SEQR Type for this existing, permitted facility is Type II as explained above.

State Historic Preservation Act (SHPA): The proposed project is not subject to SHPA review.

Legislative Hearing and How to Provide Your Comments: A Legislative Hearing will be held to receive unsworn, written and oral statements from the public regarding this permit application. The Hearing is scheduled for the Goshen Middle School Auditorium, at the intersection of Lincoln Avenue and Erie Street, Goshen NY, at 7:00 P.M. on Tuesday, June 11, 2002. At this time the Department staff does not intend to schedule an Issues Conference.

The Hearing location is reasonably accessible to persons with a mobility impairment. Interpreter services are available to deaf persons pursuant to the State Administrative Procedures Act Articles 2 & 3, if you notify the undersigned at least three business days in advance of the hearing.

All persons, organizations, corporations, or government agencies which may be affected by the proposed project are invited to attend the Hearing. It is not necessary to pre-file to participate at the Hearing. You may submit written comments to the undersigned anytime before the Hearing, but all written comments must be submitted by the close of the Legislative Hearing on the evening of Tuesday, June 11, 2002. Written comments may be mailed so that they are postmarked prior to June 11, 2002. Please address written comments to Mike Merriman, NYS Department of Environmental Conservation, 21 South Putt Corners Road, New Paltz, NY 12561.

Oral comments made at the Hearing will be given equal weight in the record with the written comments received. The order of speakers at the Hearing will be determined by the presiding Administrative Law Judge (ALJ). Lengthy statements are required to be submitted in writing and summarized orally. The presiding ALJ may impose a time limit on oral statements or discourage repetitious statements ensure that all persons have an opportunity to be heard.

In accordance with 6 NYCRR Sections 621.5(d)(9) and 201-6.4(c), the Administrator of the United States Environmental Protection Agency ("USEPA") has the authority to bar the issuance of any Title V facility permit if the permit is determined not to be in compliance with the applicable requirements of the federal Clean Air Act of 6 NYCRR Part 201.

Document Availability: The permit application and the Draft Title V permit are available for review during normal business hours at the DEC Region 3 Office in New Paltz. Please first call Mike Merriman at 845-256-3165 or 845-256-3054 to make an appointment.

Statutory and regulatory provisions: This application was filed and processed pursuant to the Federal Title V of the Clean Air Act Amendments of 1990, as well as Environmental Conservation Law ("ECL") Article 3, Title 3 (General Functions), Article 8 (State Environmental Quality Review), Article 19 (Air Pollution Control), Article 70 (Uniform Procedures) and pursuant to Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York ("6 NYCRR") Parts 201 & 208 of the State's Air Pollution Control Regulations, Part 617 (State Environmental Quality Review) and Part 621 (Uniform Procedures).

May 6, 2002

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