April 6, 2004
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF LEGISLATIVE PUBLIC HEARING and
NOTICE OF ISSUES CONFERENCE
APPLICANT: KARTA CORP., 1011 Lower South Street, Peekskill, NY 10566
PROJECT APPLICATION NUMBER: DEC 3-5512-00054/00004
PROJECT DESCRIPTION AND LOCATION: Permittee Karta Corporation has applied for a modification of its current solid waste management permit to consolidate and increase the daily tonnage limit at its existing transfer station and at its existing registered recycling facility, currently operating on adjacent properties, both of which are controlled and operated by Karta Corp. The Karta Corp. transfer station and the Karta Corp. registered recycling facility are located just off NYS Rt 9, on two adjacent lots at 1011 & 1017 Lower South Street, in the City of Peekskill, Westchester County, NY.
Karta Corp. is currently authorized to accept up to 500 Tons per Day (TPD) of mixed municipal waste and Construction & Demolition Debris (C&D Debris) at its transfer station, and, as a registered recycling facility, to accept an average of 2,000 cubic yards of source separated recyclables, 2,000 cubic years of uncontaminated and unadulterated wood, and 2,000 cubic yards of recognizable uncontaminated concrete, asphalt pavement, brick, soil or rock.
PERMIT MODIFICATION SOUGHT: Karta Corp. has applied to modify its existing Solid Waste Management permit pursuant to Environmental Conservation Law (ECL) article 27 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). Karta Corporation's permit modification seeks: to consolidate the existing solid waste activities on these two adjacent sites; regulatory approval for the ongoing reconstruction and upgrade of the buildings to completely enclose all aspects of the receipt, processing and shipment of these materials; to increase the hours of operation at the site; and to increase the authorized limits of waste that may be accepted. Specifically, Karta Corp. has applied for a permit to process 2,750 tons per day of municipal solid waste, C&D Debris, recyclables and tires, although Karta Corp. subsequently indicated its willingness to apply for a reduced volume of 750 tons per day of mixed solid wastes, 750 tons per day of C&D Debris and up to a maximum of 250 tons per day total of source-separated recyclables (i.e. metal, aluminum, newspaper, OCC, curbside "commingled" recyclables, etc.) . In addition, Karta Corp. seeks authority to accept tires. Karta Corp. also seeks authority to receive waste for three shifts per day, 24 hours a day.
DEC STAFF POSITION: DEC Staff has reviewed the permit modification application and oppose permit issuance. The reasons for DEC Staff's opposition to permit issuance include, but may not be limited to: (1) the amount of waste Karta Corp. seeks to bring to the site each day, DEC Staff suggests a maximum of about 900 tons per day; (2) the hours of operation, DEC Staff suggests 8 hours of operation Monday through Friday and a half day on Saturday; and (3) the storage of waste materials out of doors.
SEQRA STATUS: Project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was performed. The SEQRA Lead Agency is the Peekskill City Planning Commission.
NOTICE OF 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 P. Nicholas Garlick to receive additional unsworn statements from the public on the application and the draft Part 360 permit renewal-modification on April 29, 2004 at 7:00 p.m. at: Peekskill City Hall, Council Chambers, 840 Main Street, City of Peekskill, NY, 10566, tel: (914)734-4245. 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).
ISSUES CONFERENCE: A pre-adjudicatory hearing issues conference will be held on May 13, 2004 at 10:00 a.m. at the Peekskill City Hall, Council Chambers, 840 Main Street, City of Peekskill, NY, 10566, (914)734-4245, 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 application which may be raised. Participation at the issues conference will be limited to the Department Staff, Karta Corp. 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.
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.
All petitions requesting either full party status or amicus status must be received at the DEC Office of Hearings and Mediation Services by May 6, 2004. Electronic filings and service by fax will NOT be accepted. Such filings must be submitted to the following:
1. P. Nicholas Garlick, Administrative Law Judge, NYS DEC Office of Hearings and Mediation Services, 625 Broadway, Albany, NY 12233-1550;
2. Jonah Triebwasser, Esq., NYSDEC Region 3 Headquarters, 21 South Putt Corners Rd, New Paltz, NY 12561-1696; and
3. Paul Casowitz, Esq., Sive, Paget, & Riesel, 460 Park Avenue, New York, NY 10022-1906.
STATUTORY AND REGULATORY PROVISIONS: Environmental Conservation Law article 1 (General Provisions); article 3, title 3 (General Functions); article 8 (Environmental Quality Review); article 27 (Solid Waste Management); article 70 (Uniform Procedures); title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) part 360 (Solid Waste Management Facilities); part 617 (State Environmental Quality Review); part 621 (Uniform Procedures); and part 624 (Permit Hearing Procedures).
STATE HISTORIC PRESERVATION ACT: 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 located in a Coastal Management area and is subject to the Waterfront Revitalization and Coastal Resources Act.
DOCUMENT AVAILABILITY: All filed application materials and the negative declaration, are available for public inspection at the following locations:
1) NYS DEC Office of Hearings and Mediation Services, First Floor, 625 Broadway, Albany, NY 12233-1550.
2) NYS DEC Region 3 Headquarters, NYSDEC Region 3 Headquarters, 21 South Putt Corners Road, New Paltz, NY 12561, (845) 256-3054.
SUMMARY OF IMPORTANT DATES AND TIMES:
April 29, 2004....................................Legislative Public Hearing
May 6, 2004 at 7:00 p.m...................Deadline for Filing for Party Status
May 13, 2004 at 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, (845) 256-3054.
Chief Administrative Law Judge
Albany, New York
April 6, 2004