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Karta Corporation (Continuation)

May 17, 2004

NEW YORK STATE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF AVAILABILITY OF DRAFT PERMIT and
NOTICE OF CONTINUED 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 of mixed municipal waste and construction and 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 yards 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 issued 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 (MSW), 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 released a draft permit for this facility on May 12, 2004 which differs significantly from what Karta sought. Among the significant differences are: limiting the amount of MSW to 100 tons per day, limiting the amount of C&D Debris to 320 tons per day, limiting the amount of source separated and commingled recycle materials to 50 tons per day, limiting the amount of source separated C&D type materials to 350 tons per day and limiting the amount of unadulterated wood and land clearing debris to 80 tons per day. In addition, the draft permit limits the hours the facility may receive waste to between 7:00 a.m. and 4:00 p.m. Monday through Friday and from 7:00 a.m. to 12:00 p.m. on Saturdays. No Sunday operations are allowed and the facility may not operate on six legal holidays. The draft permit contain 67 special permit conditions that are specific to this facility and a copy of the draft permit may be obtained at the address below. It is staff's position that the draft permit is subject to revision as conditions warrant.

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.

ISSUES CONFERENCE: The pre-adjudicatory hearing issues conference will be continued on June 17, 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. The first part of the issues conference occurred May 13, 2004. 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.

THE ISSUES CONFERENCE MAY BE CANCELLED IF NO PETITIONS FOR PARTY STATUS ARE RECEIVED AND THE PARTIES IDENTIFY ALL ISSUES TO BE ADJUDICATED.

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 www.dec.state.ny.us, 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 June 10, 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. Vincent Altieri, 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: The draft permit, all filed application materials, 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.

PUBLIC COMMENT PERIOD: An opportunity is being afforded for written comments related to the application and draft permit. All persons, organizations, corporations or government agencies that may be affected by this expansion are invited to submit written comments directly to the assigned Administrative Law Judge (ALJ), P. Nicholas Garlick, at the Department's Office of Hearings and Mediation Services, 1st Floor, 625 Broadway, Albany, New York, 12233-1550. Comments must be postmarked no later than June 9, 2004. Written comments previously submitted in response to the combined Notice of Complete Application and Notice of Legislative Hearing, and oral comments delivered at the February 10 legislative hearing, are already part of the Department's record and need not be resubmitted.

SUMMARY OF IMPORTANT DATES AND TIMES:

June 9, 2004.......................................Deadline for Public Comments
June 10, 2004.....................................Deadline for Filing for Party Status
June 17, 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.

James T. McClymonds
Chief Administrative Law Judge

Albany, New York
May 17, 2004

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