Department of Environmental Conservation

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CWM Chemical Services, LLC

March 12, 2003


APPLICANT: CWM Chemical Services, LLC, (Model City Site), 1550 Balmer Road, Model City, New York 14107 [contact: Richard Sturges at (716) 754-0230]. CWM Chemical Services, LLC, c/o Waste Management, Inc, 1001 Fannin, Suite 4000, Houston, Texas 77002.

PROJECT APPLICATION NUMBER: Application No. 9-2934-00022/00097.

PROJECT AND LOCATION: CWM's existing facility is located on Balmer Road about 1.9 miles east of State Route 18 on a 710 acre site in the Towns of Lewiston and Porter, (Niagara County). This commercial facility accepts wastes for the treatment, storage and disposal of hazardous and industrial non-hazardous waste from both in-state and out-of-state generators, as well as from generators in Canada. Wastes accepted at this facility are ultimately either disposed of in an on-site landfill known as Residual Management Unit-One (RMU-1), or shipped to another appropriate facility for further processing, disposal or both. The draft permit includes requirements for CWM to continue corrective measures to remedy and control on-site soil and groundwater contamination. It also retains requirements for CWM to provide funding to the Department for on-site environmental monitors, for closure of the facility, and for corrective measures and post-closure care in perpetuity. In addition, the draft permit contains some additional and revised requirements related to facility operation.

A Notice of Complete Application appeared in the Department's Environmental Notice Bulletin on January 15, 2003. Today's Notice extends the public comment period 45 days from March 3, 2003 to April 17, 2003.

TENTATIVE STAFF POSITION: Staff from the Department of Environmental Conservation (DEC) has prepared a draft permit pursuant to Title 6 of the Official Compilation of Codes, Rules and Regulations (6 NYCRR) Part 373, and made a tentative determination to renew the permit to continue operations at the CWM facility.

SEQRA AND SHPA STATUS: This renewal permit application is a Type II action pursuant to 6 NYCRR §617.5(c)(26). With respect to the State Historic Preservation Act (SHPA), cultural resource lists and maps have been checked. No registered, eligible or inventoried archaeological sites or historic structures were identified at the project location. No further review in accordance with SHPA is required

PERMITS REQUIRED AND STATUTORY AND REGULATORY PROVISIONS: Pursuant to Environmental Conservation Law (ECL) Article 27, Title 9 (Industrial Hazardous Waste Management), and 6 NYCRR Part 373 (Hazardous Waste Management Facilities), the Applicant has filed a renewal application for a hazardous waste management permit. The renewal application was filed, and is being processed, pursuant to ECL Article 3, Title 3 (General Functions), Article 70 (Uniform Procedures) and Article 8 (SEQRA), as well as 6 NYCRR Part 621 (Uniform Procedures), and Part 617 (SEQRA).

PUBLIC HEARING: All persons who may be affected by the proposed renewal are invited to attend the hearing and to submit oral or written comments on the renewal application and draft permit. Legislative hearing sessions to receive oral comments will be held on April 8, 2003 at 2:00 P.M. at the Youngstown Fire Hall located at 625 Third Street, Youngstown, New York 14174, and at 7:00 P.M. at the same location. It is not necessary to file in advance to speak at this hearing. Lengthy comments, however, should be submitted in writing. Equal weight will be given to both oral and written statements. The Administrative Law Judge may limit the time available for oral comments to 5 minutes per person to ensure that all persons have an opportunity to be heard. The hearing facility is reasonably accessible to the mobility impaired.

WRITTEN COMMENTS: In lieu of oral comments, written statements may also be submitted either by mail or at the hearing. Written statements must be sent to Mr. Steven J. Doleski, Regional Permit Administrator, NYS DEC Region 9 Headquarters, 270 Michigan Avenue, Buffalo, New York 14203-2999, and must be received by April 17, 2003. Written statements will be considered equally with oral comments made at the legislative hearing sessions.

DOCUMENT AVAILABILITY: Copies of the renewal permit application, and the draft permit are available for public review at the NYSDEC, Division of Solid & Hazardous Materials, 625 Broadway, 8th Floor, Albany, NY 12233-7252 [contact person: Matt Mortefolio at (518) 402-8594]; at the Department's Region 9 Office, 270 Michigan Avenue, Buffalo, NY [contact person: Bidjan Rostami at (716) 851-7220]; and at the Youngstown Free Library, 240 Lockport Street, Youngstown, NY. A copy of the draft permit is also available for inspection at the Porter Town Hall, 3265 Creek Road, Youngstown, NY.

James T. McClymonds
Chief Administrative Law Judge

Albany, New York
March 12, 2003

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