Integrated Waste Systems, Inc.
February 13, 2004
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF PUBLIC HEARING AND
NOTICE OF AVAILABILITY OF DRAFT PERMIT
APPLICANT: INTEGRATED WASTE SYSTEMS, INC., 7815 Buffalo Avenue, Niagara Falls, New York 14304. (Tracked NYSDEC Application
Facility:SOUTHERN TIER SOLID WASTE MANAGEMENT FACILITY, N.Y.S. Route 98 Franklinville, New York 14737
PROJECT DESCRIPTION: The applicant proposes to construct and operate a solid waste management facility consisting of a 133.7- acre landfill for mixed municipal solid wastes, a drop-off center for waste and source-separated recyclables, a yard waste composting area, support and ancillary facilities on approximately 217.54 acres of a 430-acre site. The landfill portion of the facility is proposed to have a waste receipt capacity of 3,000 tons per day (TPD), a design life of approximately 21.2 years, and to serve a waste-shed within a 300 mile radius of Buffalo, New York. The application requests a variance from regulatory standards at 6NYCRR 360-2.13(d), Groundwater Separation, to allow for substitution of a pore water collection system; from 6NYCRR 360-13(q)(2)(iii) thickness of the barrier protection layer from the required 24 inches in some locations (under downchutes and sideslope swales), and from 6NYCRR 360-1.2(b)66, Final Cover System, to allow for placement of an "interim" cover consisting of 12 inches of low permeability soil and 6 inches of topsoil with vegetation over those areas that reach final elevation when no capping is scheduled and waste will not be placed within 12 months. The purpose of the temporary "interim" cover is to allow for settlement of the waste in order to prevent compromise of the integrity of the final geomembrane cover and to minimize leachate generation and odors, while waiting for sufficient areas to reach final grade for final cap installation.
The Department granted a site selection and conceptual plan approval with conditions, by Commissioner's decision in May 1996, after public hearings on the site selection, conceptual design and Environmental Impact Statement. Notable changes from that conceptual approval in the pending application for construction and operation permits include a smaller landfill and smaller overall facility acreage. Also the current proposal includes changing the waste-shed definition to include New York City, which the applicant had specifically excluded from the waste-shed definition in the approved conceptual plan. The reasons for these proposed changes from the conceptual plan approval are explained in the application's Draft Supplemental Environmental Impact Statement ("DSEIS"). The DSEIS, required by the 1996 conceptual plan approval, includes assessments and mitigation plans, also required by that conceptual plan approval. The application plans and designs have been accepted as complete by a notice dated October 24, 2003 and have been revised from an original 100% design application received in October 1998, as a result of Department staff reviews (managed by Region 9) and revision of the Town of Farmersville's landfill ordinance.
The Department has prepared draft Solid Waste Management, Air State Facility, State Pollutant Discharge Elimination System ("SPDES") and Water Quality Certification permits for the proposed facility. The draft Solid Waste Management Permit will allow for the construction and operation of the landfill and associated facilities for a period of ten years. This draft permit includes conditions to assure that the facilities will be built in accordance with 6 NYCRR part 360 regulations and the engineering report, plans and specifications prepared for this project. The draft Air State Facility Permit is for a preconstruction permit for the installation and operation of a landfill gas collection and control system. This draft permit includes air pollutant emission limitations to insure and verify that New Source Review applicability regulatory thresholds in 6 NYCRR Part 231-2 and 40 CFR 52.21 are not exceeded. The draft SPDES permit is for the discharge of 1,225 gallons per day of treated (septic tank, sand filter and tile field) sanitary waste to groundwater. The draft Water Quality Certification is combined with the draft Solid Waste Management permit and is for the loss of federally jurisdictional waters including wetlands, and for related compensatory mitigation. The draft permits represent tentative determinations and do not signify Departmental approval for or endorsement of the proposed project.
The Department has made a preliminary determination, based on plans in the application, that the project is eligible to be covered under SPDES General Permits, i.e. GP-02-01 for storm water discharges from construction activity, and GP-98-03 for storm water discharges from industrial activity except construction.
PERMITS: Applicant has applied to the New York State Department of Environmental Conservation ("the Department") for permits to construct and operate a solid waste management facility ("SWMF") pursuant to Environmental Conservation Law ("ECL") article 27, title 7, and title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York ("6 NYCRR") part 360 and related permits. Following are the four NYSDEC permits that the applicant has applied for: ECL article 27, title 7, Solid Waste Management Facility permit; ECL article 19, Air Pollution Control permit; ECL article 17, SPDES permit; and ECL article 15, Water Quality Certification.
TENTATIVE DETERMINATIONS: A notice of complete application dated October 24, 2003 sought public comment on the application through January 2, 2004. Department Staff has tentatively determined that the proposed project, as conditioned by the draft permits, will meet applicable statutory and regulatory requirements. Department Staff has prepared draft permits, which are available for public review. However, as noted above, the draft permits represent tentative determinations by Department Staff and do not signify Departmental approval for or endorsement of the proposed project.
STATE ENVIRONMENTAL QUALITY REVIEW ACT ("SEQRA") DETERMINATION: The project is a Type I Action. A Draft Supplemental Environmental Impact Statement, required by the Department's 1996 conceptual plan approval, has been prepared. New York State Department of Environmental Conservation (Region 9 - see contact address below) is the SEQR Lead Agency.
STATE HISTORIC PRESERVATION ACT ("SHPA") DETERMINATION: A cultural resources survey was completed during the conceptual review. No archeological sites or historic structures were identified at the project location. In accordance with SHPA, no further review is required.
PUBLIC HEARING: All persons, organizations, corporations or government agencies which may be affected by the proposed project are invited to comment on the application. Legislative hearings on the application will be held to receive unsworn statements from the public at the following times and locations: ALLEGANY COMMUNITY CENTER, 188 WEST MAIN STREET, ALLEGANY, NEW YORK 14706, ON MARCH 30, 2004. TWO PUBLIC STATEMENT SESSIONS WILL BE HELD, BEGINNING AT 2:00 P.M. AND 7:00 p.m., RESPECTIVELY; AND FRANKLINVILLE FIRE HALL, 75 NORTH MAIN STREET, FRANKLINVILLE, NEW YORK 14737 ON MARCH 31, 2004. TWO PUBLIC STATEMENT SESSIONS WILL BE HELD, BEGINNING AT 2:00 P.M. AND 7:00 p.m., RESPECTIVELY. All persons, organizations, corporations or government agencies who may be affected by the proposed project are invited to attend the legislative hearing and to submit oral comments on the application at one of these sessions. No prior filing is required to participate. However, the ALJ may restrict the time available to 5 minutes for each person, to ensure that all persons will have an opportunity to be heard. It is recommended that lengthy comments be submitted in writing at the hearing. Written comments regarding this application may also be filed with the Office of Hearings at the address indicated below either before or during the legislative hearing. Equal weight will be given to both oral and written comments.
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 identified below, at least seven (7) business days prior to the hearing.
ISSUES CONFERENCE: A pre-adjudicatory hearing issues conference will be held at the MACHIAS FIRE HALL, MAIN STREET, MACHIAS, NEW YORK ON APRIL 27, 2004 at NOON, AND WILL CONTINUE ON SUCCESSIVE DATES, AS NECESSARY. The purpose of the issues conference is to determine party status for any person who has properly filed and to define, narrow and, if possible, resolve proposed adjudicable issues concerning the permit application that are raised by party status petitioners. ANY PERSONS REQUESTING PARTY STATUS MUST APPEAR OR BE REPRESENTED AT THE ISSUES CONFERENCE IN ORDER THAT ALL PROPOSED ISSUES MAY BE FULLY DISCUSSED.
FILING FOR PARTY STATUS: Party status to participate at the issues conference and at any subsequent adjudicatory hearing will be accorded ONLY to those persons who file a written petition requesting party status, pursuant to 6 NYCRR 624.5 and 6 NYCRR 624.4(c). PLEASE NOTE THAT MERE OPPOSITION TO THE PROJECT IS NOT A SUFFICIENT BASIS TO BE GRANTED PARTY STATUS. If a petitioner intends to rely upon expert testimony, the petitioner must identify each such proposed expert witness, the qualifications of each such witness, provide a summary of the subject matter on which each such witness is offered as an expert, a summary of each conclusion or opinion which the witness will offer, and a summary of the facts upon which each expert conclusion or opinion is based.
PERSONS HAVING SIMILAR INTERESTS ARE ENCOURAGED TO FILE AS A CONSOLIDATED PARTY. ALL PETITIONS REQUESTING PARTY STATUS TO PARTICIPATE AT THE ADJUDICATORY HEARING MUST BE RECEIVED AT THE OFFICE OF HEARINGS AND MEDIATION SERVICES NO LATER THAN 3:00 P.M., ON APRIL 5, 2004. SUCH FILINGS SHOULD BE SUBMITTED TO: KEVIN J. CASUTTO, ADMINISTRATIVE LAW JUDGE, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, OFFICE OF HEARINGS AND MEDIATION SERVICES, 625 BROADWAY, ALBANY, NEW YORK 12233-1550; TELEPHONE (518) 402-9012; E-MAIL "email@example.com". FILINGS BY ELECTRONIC MAIL WITH WORDPROCESSED ATTACHMENTS WILL BE ACCEPTED, WITH A PAPER COPY TO FOLLOW BY FIRST CLASS MAIL, POSTMARKED BY APRIL 5, 2004. At the same time and in the same manner, all petitioners also must send a copy of their complete filing to Gregory Photiadis, Esq., Duke, Holzman, Yeager & Photiadis, 1800 Main Place Tower, Buffalo, New York 14202 (E-mail: firstname.lastname@example.org), and Annette Sansone, Esq., Assistant Regional Attorney, NYSDEC, Region 9, 270 Michigan Avenue, Buffalo, New York 14203-2999 (E-mail: email@example.com).
DOCUMENT AVAILABILITY: The application, DSEIS (dated October 20, 2003), draft permits and related documents are available for public review at the following locations:
N.Y.S. Department of Environmental Conservation Region 9 Headquarters, 270 Michigan Ave. Buffalo, New York.
NYS Department of Environmental Conservation Region 9 Sub-office, 182 East Union - Suite 3, Allegany, New York.
Town of Farmersville Town Hall, 8963 Lake Ave., Franklinville, New York.
Town of Franklinville Town Hall, 11 Park Square, Franklinville, New York.
Olean Public Library, 134 N 2nd St., Olean, New York.
Southern Tier Waste Services, 7815 Buffalo Ave. Niagara Falls, New York.
The application materials and DSEIS also are posted on the applicant's website at "www.stwsiws.net".
APPLICABLE STATUTORY AND REGULATORY PROVISIONS: Environmental Conservation Law article 1 (General Provisions); article 3, title 3 (General Functions); article 8 (Environmental Quality Review); article 17 (Water Pollution Control); article 27 (Collection, Treatment and Disposal of Refuse and Other Solid Waste); article 70 (Uniform Procedures); 6 NYCRR part 360 (Solid Waste Management Facilities); part 608 (Use and Protection of Waters); part 617 (State Environmental Quality Review); part 621 (Uniform Procedures); part 624 (Permit Hearing Procedures); chapter X, article 3 (State Pollutant Discharge Elimination System).
ALL PERSONS HAVING AN INTEREST IN THE PROPOSED PROJECT ARE URGED TO ATTEND THE HEARING OR BE REPRESENTED EITHER INDIVIDUALLY OR COLLECTIVELY.
CHIEF ADMINISTRATIVE LAW JUDGE
Albany, New York
February 13, 2004