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Custom Compost, Inc.

August 28, 2002


APPLICANT/PERMITTEE: CUSTOM COMPOST, INC., 168 Milton Turnpike, Milton, New York 12547-5254


PROJECT DESCRIPTION AND LOCATION: The Applicant has applied for a renewal of its Part 360 permit to continue to operate a Yardwaste Compost facility for up to 68,000 cubic yards per year of leaves, grass and brush on approximately 17 acres of its 28.5 acre site. The existing woodchipping operation on the site (previously regulated as a registered activity) will now be incorporated into this Part 360 permit renewal and will now be subject to all the terms and conditions of this permit. The NYS Department of Environmental Conservation (DEC) has proposed several permit modifications to restrict certain activities in order to reduce the potential for off-site visual impacts and off-site impacts from odors and dust. The facility is located at 168 Milton Turnpike in the Town of Marlborough, Ulster County, New York. A Notice of Complete Application was published in the Environmental Notice Bulletin on September 19, 2001.

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.

DEPARTMENT STAFF POSITION: Department Staff believes that the permit renewal, as modified, can be issued because (1) the Applicant did not propose any material change to the scope of activities at the facility, (2) there is no newly discovered relevant information or material change to the environmental conditions at the site, (3) the Department proposed permit modifications to restrict certain activities in order to reduce the potential for off-site visual impacts and off-site impacts from odors and dust reasonably and adequately address public concerns as to these matters, and (4) the application was timely and complete.

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).

STATE HISTORIC PRESERVATION ACT (SHPA) DETERMINATION: The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.

COASTAL MANAGEMENT: This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

NOTICE OF LEGISLATIVE PUBLIC HEARING: In accordance with the provisions of 6 NYCRR Parts 621 and 624, a legislative public hearing will be held before Administrative Law Judge (ALJ) Richard R. Wissler to receive unsworn statements from the public on the renewal application at 7:30 P.M. on Tuesday, October 1, 2002, at the Town of Marlborough Town Hall, Route 9W, Milton, New York 12547. All persons, organizations, corporations, or government agencies which may be affected by the proposed project are invited to attend the hearing and to submit oral or written comments. It is not necessary to file in advance to speak at the legislative hearing. Lengthy statements should be in writing and summarized for oral presentation. Reasonable time limits may be set for each speaker to afford everyone an opportunity to be heard. Equal weight will be given to both oral and written statements. The 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, pursuant to the State Administrative Procedures Act (SAPA). For those unable to attend the legislative public hearing, written comments may be submitted to Michael D. Merriman, NYSDEC Region 3 Headquarters, 21 South Putt Corners Road, New Paltz, NY 12561, e-mail:, no later than October 1, 2002.

ISSUES CONFERENCE: A pre-adjudicatory hearing issues conference will be held at 10:00 A.M. on Wednesday, October 2, 2002, at the Town of Marlborough Town Hall, Route 9W, Milton, New York 12547, and will continue on succeeding days as necessary. At the issues conference, the ALJ will determine what issues, if any, require adjudication, and will define the scope of such issues. The purpose of the issues conference will be to define, narrow and resolve, if possible, the issues concerning the permit renewal application which may be raised. Participation at the issues conference will be limited to the Department Staff, the Applicant and those persons requesting party status pursuant to 6 NYCRR 624.4 and 624.5 in advance of the issues conference.

IT IS EXTREMELY IMPORTANT THAT ANY PERSONS REQUESTING PARTY STATUS APPEAR OR BE REPRESENTED AT THE ISSUES CONFERENCE IN ORDER THAT ALL VALID ISSUES MAY BE FULLY DISCUSSED. An adjudicatory hearing will, if necessary, be scheduled following the issues conference. The issues conference may be canceled if no filings for party status are received by the deadline listed below.

FILING FOR PARTY STATUS AND PROPOSED ISSUES: To participate at the issues conference, parties must file a written petition requesting party status including the facts intended for presentation pursuant to 6 NYCRR 624.4(c) and 624.5(b). In addition, any petition must fully identify the proposed party and the name(s) of the person(s) who will act as the party's representative(s), the party's environmental interests, the statutory considerations relevant to the project, whether the request is for full party status or amicus status, and the precise grounds for opposing or supporting the project. Mere opposition to the project is not a sufficient basis to be granted party status.

If seeking full party status, the petitioner must propose issues that could result in permit denial, major modification of the proposed project or the imposition of significant permit conditions. The petition must identify all statutory and regulatory requirements which may not be met, and explain why. If a party intends to rely upon expert testimony, the petition must also include an offer of proof that specifies the witness(es), the nature of the arguments and other documentary evidence that the party intends to present at the hearing, and the grounds upon which the assertions are based regarding the proposed issues.

For amicus status, the filing must identify the nature of the legal or policy issues to be briefed, and provide a statement explaining why the proposed amicus is in a special position with respect to those issues, as required by 6 NYCRR 624.5(b)(3).

Persons having similar interests of concern are encouraged to file as a consolidated party. The hearing provisions can be found at, Hearings & Mediation, Guide to Permit Hearings.

All petitions requesting either full party status or amicus status must be received at the DEC Office of Hearings and Mediation Services by 4:00 P.M. on Monday, September 23, 2002. Such filings must be submitted to the following: Richard R. Wissler, Administrative Law Judge, NYS DEC Office of Hearings and Mediation Services, 625 Broadway, Albany, New York 12233-1550; Jonah Triebwasser, Esq., Assistant Regional Attorney, NYSDEC Region 3, 21 South Putt Corners Road, New Paltz, New York 12561-1696; and the attorney for the Applicant Edmund V. Caplicki, Esq., Hankin, Hanig, Stall, Caplicki, Redl & Curtin, LLP, 319 Main Mall Rear, P.O. Box 911, Poughkeepsie, New York 12602. Electronic filings and service by fax 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)256-3054.


Monday, September 23, 2002, 4:00 P.M...................................Deadline for Filing for Party Status

Tuesday, October 1, 2002, 7:30 P.M.......................................................Legislative Public Hearing

Wednesday, October 2, 2002, 10:00 A.M.............................................................Issues Conference

For further information please contact: Michael D. Merriman, NYSDEC Region 3 Headquarters, 21 South Putt Corners Road, New Paltz, NY 12561; Telephone: (845) 256-3054.

Jo Anne W. Di Stefano
Assistant Commissioner
and Acting Chief Administrative Law Judge

Albany, New York
August 28, 2002

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