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Evergreen Recycling, LLC

August 13, 2003

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF ISSUES CONFERENCE and ADJUDICATORY HEARING

APPLICANT: Evergreen Recycling LLC, 173 Oswego River Rd., Phoenix, NY 13135

DEC PROJECT NUMBER: 7-3124-00356/00001

PROJECT LOCATION AND DESCRIPTION: Applicant has applied for a permit to operate a solid waste management facility pursuant to Title 6 of the Official Compilation of Codes, Rules and Regulations (6 NYCRR) Part 360 (the Facility). The Facility will use existing buildings that are located at 7707 Henry Clay Boulevard in the Town of Clay. Applicant proposes to operate a construction and demolition (C&D) debris and alternate fuels processing facility and a municipal solid waste (MSW) transfer station that will process 156,000 tons per year (TPY) of C&D debris of which approximately 10%, or 15,500 TPY, would consist of MSW that is received with the C&D materials. In addition, Applicant proposes to process approximately 50,000 TPY of alternate fuel for off-site combustion, consisting of only pre-consumer, non-recyclable, non-resuable, non-contaminated plastic coated paper, paper and low chlorine content plastic film, that is not technically or economically feasible to recycle and which has undergone a nonrecyclability certification procedure. The Facility would receive material by truck, and would ship material from the Facility by either truck or rail. All processing would occur within the enclosed Facility and no material would be stored outside.

TENTATIVE STAFF POSITION: Region 7 Staff from the Department of Environmental Conservation (DEC Staff) denied the requested permit in a letter dated July 16, 2003. As set forth in the denial letter, Staff determined that Applicant failed to respond to Staff's request for information under 6 NYCRR 621.15(b), and failed to meet the requirements of 6 NYCRR Parts 201, 212, and 360.

SEQRA STATUS AND DETERMINATION OF COMPLETENESS: DEC Staff issued a negative declaration and a determination of completeness on August 15, 2002.

PUBLIC STATEMENT HEARING AND COMMENT PERIOD: A legislative public hearing to receive comments about the application and the proposed Facility was held at the Liverpool High School Auditorium at 7:00 P.M. on January 9, 2003. Written comments were accepted until January 17, 2003. All oral statements made at the January 9, 2003 hearing and all written comments will be incorporated into the record of the administrative hearing. Additional written comments may be filed with the Administrative Law Judge identified below until September 8, 2003. All comments whether made orally or submitted in writing will receive equal weight in the record.

ISSUES CONFERENCE: Pursuant to 6 NYCRR 624.4(b), a pre-adjudicatory hearing Issues Conference will be held at 10:30 A.M. on September 8, 2003 at the Westvale Plaza (next to Eckerd Drugs) 2102 West Genesee Street, Syracuse, New York 13209, and continue, as necessary, from day to day at that location. The purpose of the Issues Conference will be to determine party status for any person who has properly filed a petition (as indicated below), and to narrow and define the scope of issues that will require adjudication. Participation at the Issues Conference will be limited to DEC Staff, Applicant, and those persons requesting party status. If issues are identified by the ALJ, a hearing on these issues will immediately commence following the Issues Conference, and continue from day to day, as necessary, during the week of September 8, 2003. All participants must have their witnesses and any documentary evidence available for presentation on September 8, 2003.

FILING FOR PARTY STATUS: Persons seeking to participate in the Issues Conference and any subsequent adjudicatory hearing must file a petition (a written statement) explaining whether the request is for full party status or amicus status. For the required contents of petitions for full party status see 6 NYCRR 624.5(b)(1 and 2). 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). For the required contents of a petition seeking amicus status, see 6 NYCRR 624.5(b)(1 and 3).

All filings for party status must be received at the Department's Office of Hearings and Mediation Services by August 25, 2003. Send them to: Daniel P. O'Connell, Administrative Law Judge, Office of Hearings and Mediation Services, New York State Department of Environmental Conservation, 625 Broadway, First Floor, Albany, New York 12233-1550, [telephone: (518) 402-9003]. Telefaxed petitions will not be accepted. Send copies at the same time and in the same manner to Jennifer Powell, Esq., Regional Attorney, Department of Environmental Conservation, Region 7 Office, 615 Erie Boulevard, Syracuse, New York 13204-2400 [telephone: (315) 426-7405]; and to the Applicant's Attorney, Mindy L. Zoghlin, Esq., Bansbach, Zoghlin & Wahl, PC, 31 Erie Canal Drive, Suite A, Rochester, New York 14626-4604 [telephone: (585) 227-2610].

ADJUDICATORY HEARING: As stated above, the adjudicatory hearing will commence immediately after the Issues Conference. Since Staff has denied the requested permit, some issues for adjudication have been identified. Issues for adjudication will include the nine items identified in Staff's letter dated July 16, 2003, which are the basis for Staff's denial. Applicant and Staff will pre-file testimony concerning these nine items on August 25, 2003 in anticipation of the adjudicatory hearing. The ALJ will rule, if necessary, on any additional issues that may be proposed in any duly filed petitions for party status.

STATUTORY AND REGULATORY PROVISIONS: The application was filed, and is being processed, pursuant to Environmental Conservation Law (ECL) Article 3, Title 3 (General Functions), Article 8 (SEQRA), Article 19 (Air Pollution Control), Article 27, Title 7 (Solid Waste Management and Resource Recovery Facilities), and Article 70 (Uniform Procedures), as well as 6 NYCRR Part 201 (Permits and Registrations), Part 212 (General Process Emission Sources), Part 360 (Solid Waste), Part 617 (SEQRA), Part 621 (Uniform Procedures), and Part 624 (Permit Hearing Procedures).

DOCUMENT AVAILABILITY: All filed documents, including the permit application, are available for public review at the offices of the assigned ALJ and at the Department's Region 7 Office, at the addresses provided above. In the Department's Region 7 Office, contact Kevin Bliss, Division of Environmental Permits. Telephone: 315-426-7403.

James T. McClymonds
Chief Administrative Law Judge

Albany, New York
August 13, 2003

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