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Nepera, Incorporated (Cancellation)

October 18, 2000

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF CHANGE IN DATES OF PUBLIC HEARING AND ISSUES CONFERENCE

October 25, 2000 Public Hearing is CANCELED

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: Department staff has proposed to modify Nepera's State Pollutant Discharge Elimination System (SPDES) permit to include a pollutant minimization program, a toxicity testing program, short term high intensity monitoring for specified parameters, monitoring of mercury, and a revision of allowable ammonia limits. Because Nepera, Inc. objected to these conditions, a hearing is to be held to determine whether the modifications are appropriate.

PUBLIC HEARINGS: Notices of a public hearing and issues conference to be held at 10:00 a.m. on October 25, 2000 at the Harriman Village Hall, 1 Church Street, Harriman, New York 10926, were previously published in the September 20, 2000 on-line edition of the Environmental Notice Bulletin and the September 25, 2000 edition of the Middletown Times Herald Record. Due to expressions of interest from the public, the Office of Hearings and Mediation Services (OHMS) with the cooperation of Nepera, Inc. and the Department staff determined to postpone the legislative hearing to December 5, 2000 at 7:00 p.m. at the same location. The October 25, 2000 hearing is canceled.

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. The OHMS recommends that lengthy comments be submitted in writing at the hearing or be provided to the Administrative Law Judge prior to the hearing by mailing them to: NYSDEC, OHMS, Room 423, 50 Wolf Road, Albany, New York 12233-1550. Equal weight will be given to oral and written comments.

ISSUES CONFERENCE: The issues conference originally scheduled for October 25, 2000 will be postponed to December 6, 2000 commencing at 10:00 a.m. at the Village Hall. While the issues conference is a public meeting, in addition to the staff and the permittee, Nepera, Inc., only those individuals who filed for party status pursuant to 6 NYCRR §§ 624.4(c) and 624.5 will be permitted to participate. Because the issues conference has been postponed, petitions for party status must be received by no later than November 17, 2000. Please send such filings to HELENE G. GOLDBERGER, ADMINISTRATIVE LAW JUDGE, NYSDEC, Room 423, 50 Wolf Road, Albany, New York 12233-1550; (518) 457-3468. No submissions by fax or e-mail. 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 Jonah Triebwasser, Assistant Regional Attorney, NYSDEC, 21 South Putt Corners Road, New Paltz, NY 12561. Any person who has already sent a petition pursuant to the earlier notices need not re-file.

ADJUDICATORY HEARING: Staff's proposed modifications to Nepera Inc.'s SPDES permit may be adjudicated. This hearing may proceed on December 6, 2000 at the conclusion of the issues conference depending on the outcome of that meeting and whether any petitions for party status are filed. Participants should be prepared to proceed to a hearing on that date.

DOCUMENT AVAILABILITY: The draft modified SPDES 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); Article 70 (Uniform Procedures); Title 6 of the New York Compilation of Codes, Rules and Regulations (6 NYCRR) Parts 750-758 (State Pollutant Discharge Elimination System); Part 621 (Uniform Procedures); 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
October 18, 2000

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