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Al Turi Landfill, Inc. (July 2002)

July 11, 2002

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF PUBLIC HEARING

APPLICANT/PERMITTEE: AL TURI LANDFILL, INC., 73 Hartley Road, Goshen, New York, 10924.

DEPARTMENT PERMIT NO.: 3-3330-00002/00021-0

PROJECT DESCRIPTION: The Applicant is seeking renewal of its Department permit to operate its existing municipal solid waste landfill located along New York State Route 17M at the intersection of Hartley Road in the Town of Goshen, Orange County. The Applicant proposes to dispose of waste in a 7.4-acre area in the southeast portion of the landfill over the next 3 to 14 years, based on an incoming waste rate ranging from 50 to 250 tons per week. No changes are proposed to existing operations. The Applicant proposes to retain the current permit condition allowing receipt of up to 8400 tons of waste per week. The current permit expires on September 23, 2002.

PERMIT REQUESTED: The permit requiring renewal is one to operate a solid waste management facility, issued pursuant to Title 7 of Article 27 of the Environmental Conservation Law ("ECL") and Part 360 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York ("6 NYCRR Part 360").

SEQRA STATUS: The renewal of the permit is a Type II action pursuant to 6 NYCRR 617.5(c)(26) because there would be no material change in permit conditions or the scope of permitted activities. Because the renewal is a Type II action, no environmental assessments or determinations of significance are required, and no environmental impact statement has been prepared.

TENTATIVE DEPARTMENT STAFF POSITION: On April 9, 2002, pursuant to 6 NYCRR 621.13(d), Department Staff issued a letter to the Applicant providing notice of its intent to deny the permit renewal. On May 8, 2002, the Applicant submitted a letter requesting a hearing on the denial. Department Staff's determination to deny the permit renewal was based on several assertions: (1) The permittee is unfit to be granted a permit renewal, in light of a prior decision by the Department Commissioner denying the permittee's request for a permit to expand the landfill. (2) The renewal application does not comply with a condition of the current permit allowing for permit renewal only if waste disposal would occur over double composite lined areas of the landfill. (3) Continued operation of the landfill at the level proposed by the permittee would result in an environmentally unacceptable delay of the installation of final cover.

STATUTORY AND REGULATORY PROVISIONS: Apart from the provisions cited above, the following provisions of law govern this application for a permit renewal: ECL Article 3, Title 3 (General Functions) and ECL Article 70 (Uniform Procedures); as well as 6 NYCRR Parts 621 (Uniform Procedures) and 624 (Permit Hearing Process).

LEGISLATIVE HEARING: Pursuant to 6 NYCRR 624.4(a), a legislative hearing will be held to receive unsworn statements from the public regarding the proposed permit renewal. The hearing will be held at 7:00 P.M. on August 13, 2002, in the C.J. Hooker Middle School auditorium, 41 Lincoln Avenue, Goshen, New York. The hearing will be held to receive unsworn public statements relating to the renewal application and Department Staff's position that the application should be denied. All persons, organizations, corporations and government agencies that may be affected by the modification are invited to attend the legislative hearing and to submit oral comments on the proposal. While it is not necessary to file in advance to speak, lengthy statements should be submitted in writing at the hearing. The assigned Administrative Law Judge ("ALJ") may restrict speakers to five minutes each to ensure that all persons have an opportunity to be heard. Written comments regarding this application may be filed with the ALJ at the legislative hearing or mailed to the ALJ at the Department's Office of Hearings and Mediation Services (address provided below), provided they are postmarked by August 9, 2002.

The legislative hearing location is fully accessible to persons with a mobility impairment. Interpreter services shall be made available to deaf persons, at no charge, upon written request to the ALJ at least 10 days prior to the hearing.

ISSUES CONFERENCE: Pursuant to 6 NYCRR 624.4(b), an issues conference will be held at the C.J. Hooker Middle School, 41 Lincoln Avenue, Goshen, New York, at 11 a.m. on August 19, 2002, continuing on August 20 if necessary. The issues conference will be held to determine party status for any person who has properly filed (as indicated below) and to narrow and define those issues, if any, which will require adjudication concerning the proposed permit renewal. Participation at the issues conference shall be limited to the Department Staff, the Applicant, and those persons requesting party status. Following the issues conference, the participants will be advised of the ALJ's rulings on party status and issues and if an adjudicatory hearing is to be scheduled. The ALJ's determination whether to conduct an adjudicatory hearing shall be based on whether issues proposed at the conference are substantive and significant, in accordance with 6 NYCRR 624.4(c). Only those persons granted party status may participate in the adjudicatory hearing, if one is necessary.

FILINGS FOR PARTY STATUS AND PROPOSED ISSUES: Party status to participate at the issues conference and any subsequent adjudicatory hearing will be granted only to those persons who file a written petition requesting party status, pursuant to 6 NYCRR 624.5 and 6 NYCRR 624.4(c). Mere opposition to the permit renewal is not a sufficient basis to be granted party status. A petition must fully identify the proposed party and the name of the person who will act as a representative of the party, the petitioner's environmental interest in the project, any interest relating to statutes administered by the Department that are relevant to this project, whether the petition is for full party or amicus status, and the precise grounds for opposition to or support of the permit renewal. If a petitioner seeks full party status, the petition must identify a proposed issue which could result in denial of the permit renewal, a major modification of the project, or the imposition of significant permit conditions beyond those in the current permit. Petitioners for full party status must identify specific legal requirements which they assert would not be met, the names and qualifications of proposed witnesses, and the nature of the evidence each witness would present at an adjudicatory hearing. Petitioners for amicus status must identify the nature of the legal or policy issue(s) to be briefed which meet the criteria set forth in 6 NYCRR 624.4(c), and explain why they are in a special position with respect to the identified issue(s). Persons having similar interests are encouraged to file as a consolidated party. ALL PETITIONS REQUESTING PARTY STATUS TO PARTICIPATE AT AN ADJUDICATORY HEARING MUST BE RECEIVED AT THE DEPARTMENT'S OFFICE OF HEARINGS AND MEDIATION SERVICES NO LATER THAN 2:00 P.M. ON AUGUST 15, 2002. SUCH FILINGS SHALL BE SUBMITTED TO EDWARD BUHRMASTER, ADMINISTRATIVE LAW JUDGE, OFFICE OF HEARINGS AND MEDIATION SERVICES, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, 625 BROADWAY, 1st FLOOR, ALBANY, NEW YORK, 12233-1550; TELEPHONE (518)402-9003. In the same manner and at the same time a petition is filed with the ALJ, a copy of the petition must be filed with the Applicant's attorney, Christopher J. McKenzie, Esq., Beveridge & Diamond, P.C., 15th Floor, 477 Madison Avenue, New York, New York, 10022-5802, and the attorney for Department Staff, Jonah Triebwasser, Esq., New York State Department of Environmental Conservation, Region 3, 21 South Putt Corners Road, New Paltz, New York, 12561-1696. Electronic filings will not be accepted.

DOCUMENT AVAILABILITY: A copy of the complete application for the permit renewal, as well as documents bearing on the Department's review of the application, are available from the Department's Region 3 office in New Paltz. To review these materials, contact Michael Merriman of the Department's Division of Environmental Permits at (845)256-3165.

Daniel E. Louis
Chief Administrative Law Judge

July 11, 2002
Albany, New York

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