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Nepera, Incorporated

September 15, 2000

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF PUBLIC HEARING

PERMITTEE: Nepera, Inc. Route 17, Harriman, New York 10926 (914) 782-1200

DEC Project No. 3-3340-00045/000129-0

SPDES No. NY-0006670

PROJECT DESCRIPTION: The permittee has filed a permit application pursuant to Environmental Conservation Law (ECL) § 17-0701 and 0703 and §755 & 757 of Title 6 of the New York State Compilation of Codes, Rules and Regulations (6NYCRR), to modify an existing State Pollutant Discharge Elimination System (SPDES) permit #NY-0006670 to allow for the discharge of storm water from four on site Chemical Bulk Storage secondary containment areas. The permittee, after a Draft Permit Modification was issued, withdrew the application for the modification. A renewal of the permittee's existing SPDES permit was issued on June 27, 2000 by DEC and contained certain conditions including an implementation of a pollutant minimizing program, a toxicity testing program, short term high intensity monitoring for specified parameters, monitoring of mercury and a revision of allowable ammonia limits. In addition, the requirements of the Discharge Notification Act were included in the renewal of the permit. The permittee objected to the conditions of the renewal permit and is seeking a hearing on said conditions. This facility is located at Route 17 in the Village of Harriman, New York, Orange County.

PERMIT HISTORY: The current SPDES permit, # NY-0006670, was issued to Nepera, Inc. on May 1, 1995. On September 7, 1999 the permittee submitted an Industrial Application Form NY-2C Part I and Part II, one copy for each of the four (4) containment sites in question, seeking to modify the existing SPDES permit as detailed herein. As stated above, the modification application was withdrawn.

SEQRA STATUS: The Staff has made a negative SEQRA declaration which is on file at the DEC Region 3 office, address listed below. DEC has determined that the proposed action is an unlisted action and will not have an significant impact on the environment.

PUBLIC HEARINGS: All persons, organizations, corporations or government agencies which may be affected by the proposed permit modification are invited to comment. A legislative hearing will be held on October 25, 2000 at 10:00 a.m. at Harriman Village Hall located at 1 Church Street, Harriman, New York 10926, to receive unsworn statement from the public. 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 proposed permit modification at this session. No prior filing is required to participate. This Office recommends that lengthy comments be submitted in writing at the hearing. Parties may also file written comments with this Office at the address indicated below either before or during the legislative hearing. Equal weight will be given to oral and written comments.

ISSUES CONFERENCE: A pre-adjudicatory hearing issues conference will immediately follow the legislative hearing at the Harriman Village Hall located at 1 Church Street, Harriman, New York 10926. 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 proposed modification permit which are being raised by petitioners granted party status by the presiding ALJ. Any person 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: The permittee and department staff are automatically full parties to this proceeding. Others who seek party status to participate at this issues conference and at any subsequent adjudicatory hearing must file a written petition requesting party status, pursuant to 6 NYCRR §624.4(c) and 624.5.

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 THE CLOSE OF BUSINESS OCTOBER 17, 2000. SUCH FILINGS SHOULD BE SUBMITTED TO HELENE G. GOLDBERGER, ADMINISTRATIVE LAW JUDGE, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, ROOM 423, 50 WOLF ROAD, ALBANY, NEW YORK 12233-1550; TELEPHONE NUMBER (518) 457-3468. FILINGS BY TELECOPIER TRANSMISSION WILL NOT BE ACCEPTED. At the same time, all petitioners must also send a copy of their complete filing to Philip H. Dixon, Esq., Whiteman Osterman & Hanna, One Commerce Plaza Albany, New York 12260, attorney for Nepera, Inc. and Margaret E. Duke, Region 3 Regional permit Administrator, NYS Department of Environmental Conservation, Division of Environmental Permits, 21 South Putt Corners Road, New Paltz, NY 12561.

ADJUDICATORY HEARING: The Applicant's proposed modifications to the SPDES permit may be adjudicated. Accordingly, the Applicant and Staff should be ready to proceed immediately to adjudication, if appropriate. At the discretion of the ALJ, other such procedural considerations will be taken into account as to the timely and efficient conduct of the proceeding, including treatment of party status filings.

DOCUMENT AVAILABILITY: The modified SPDES permit application, draft permit and Permit Hearing Procedures are available for public review at the following locations:

1. NYSDEC Office of Hearings and Mediation Services, 50 Wolf Road Albany, New York 12233-1550.

2. NYSDEC Region 3, 21 South Putt Corners Road New Paltz, New York 12561, contact Larry Wilson at (845) 256-3162.

APPLICABILITY STATUTORY AND REGULATORY PROVISIONS: Environmental Conservation Law Article 1 (General provisions); Article 3, Title 3, (General Functions); Article 17, Title 7, (Water Pollution Control); Title 6 of the New York Compilation of Codes, Rules and Regulations (NYCRR) Article 3, Parts 750-758 (State Pollutant Discharge Elimination System); Part 624 (Permit Hearing Procedures).

ALL PERSONS HAVING AN INTEREST IN THE PROPOSED PROJECT ARE URGED TO ATTEND THE HEARING OR BE REPRESENTED EITHER INDIVIDUALLY OR COLLECTIVELY.

DANIEL E. LOUIS
CHIEF ADMINISTRATIVE LAW JUDGE

Albany, New York
September 15, 2000

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