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Radiac Research Corporation

April 6, 2005

NEW YORK STATE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION

NOTICE OF COMPLETE APPLICATION
NOTICE OF LEGISLATIVE PUBLIC HEARING AND ISSUES CONFERENCE

APPLICANT: Radiac Research Corporation
261 Kent Avenue
Brooklyn, New York 11211

APPLICATION No. 2-6101-00143/00001-0 Hazardous Waste Management Facility Permit

PROJECT LOCATION: 33 South First Street
Brooklyn, New York

PROJECT DESCRIPTION: The applicant Radiac Research Corporation proposes to renew its existing Part 373 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) Hazardous Waste Management Facility permit. Radiac Research Corporation transports containerized and lab pack hazardous waste from off-site generators to its facility for short term storage prior to shipment to authorized recycling, treatment and disposal facilities. Hazardous waste is not generated, created or disposed of at this facility (except laboratory wastes generated while characterizing the waste accepted for storage at the facility). Radiac provides transportation and waste management services to generators located in the Northeast United States, including schools, laboratories, medical facilities and industrial companies. No explosives, military munitions or infectious wastes are stored at the facility. The facility is located immediately adjacent to machine and metal shops and is in proximity to a residential building located on Grand Street.

Radiac also operates a radioactive material storage facility which adjoins the hazardous waste storage building. The radioactive material storage facility is under license and is regulated by the New York State Department of Labor for storage of low level radioactive materials under Department of Labor number 1944-1879. This low level radioactive material storage facility is not subject to Part 373 permitting. Radiac has 6 NYCRR Part 381 (low level radioactive waste) and Part 364 (Hazardous Waste) transporter permits (DEC No. 2A-004) from DEC, which expire on April 30, 2005, for the transport of low level radioactive waste to and from the radioactive materials facility. Radiac has applied to renew these permits as well.

Radiac was issued a 6 NYCRR Part 373 permit for the management of hazardous waste on March 30, 1989. This permit was subsequently modified on September 28, 1993 and expired on March 30, 1994. Radiac submitted a timely renewal application as required in 6 NYCRR 373-1.8. Accordingly, under the provisions of the State Administrative Procedures Act Section 401(2) the current permit continues in effect until the DEC makes a final decision on the renewal application submitted and any judicial review is resolved, if necessary. As part of the renewal application, the DEC considered the renewal of a variance to a 50 foot buffer originally granted on March 30, 1989. The facility has been in continuous operation as a hazardous waste storage facility since 1977.

PERMITS: Radiac Research Corporation has applied for the renewal of a Hazardous Waste Management permit pursuant to ECL Article 27 and 6 NYCRR Part 373.

SEQR STATUS: Pursuant to the State Environmental Quality Review Act (SEQR, ECL Article 8 and 6 NYCRR Part 617), the DEC has determined that the proposed action is a Type II action pursuant to 6 NYCRR 617.5(c)(26), and is not subject to further review or procedures under SEQR.

NOTICE OF COMPLETE APPLICATION: Applicant was notified by letter dated March 14, 2005 that the application was complete.

DEC STAFF POSITION AND DOCUMENT AVAILABILITY: After review of the application and supporting documentation the DEC has made a tentative determination to renew Radiac's Part 373 permit for the storage of hazardous waste and a setback variance. The DEC has prepared a draft permit pursuant to the regulations in 6 NYCRR 373-2 (Final Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage and Disposal Facilities) as well as with all other applicable hazardous waste management laws and regulations including Environmental Conservation Law (ECL) Article 27, 6 NYCRR Part 370, Part 371, Part 373, Part 373-1 and Part 376.

All filed documents, including copies of the 6 NYCRR Part 373 draft permit, the renewal application and the fact sheet related to the renewal of the permit are available for inspection during normal business hours at the NYS DEC Region 2 office, 47-40 21st Street, Long Island City, New York 11101, NYS DEC Office of Hearings and Mediation Services, 625 Broadway, 1st floor, Albany, New York 12233, and Community Board 1, 435 Graham Avenue, Brooklyn, New York 11211.

PUBLIC HEARINGS SESSIONS AND ISSUES CONFERENCE

LEGISLATIVE PUBLIC HEARING: A legislative hearing for the receipt of public comment on the application will be held on May 23, 2005. There will be two sessions, the first session at 4:00 p.m.- 6:00 p.m. and the second beginning at 7:00 p.m. on May 23, 2005 at the following location:

PUBLIC SCHOOL 84
250 BERRY STREET (BETWEEN GRAND STREETS AND SOUTH FIRST)
BROOKLYN, NY 11211

ALL PERSONS, ORGANIZATIONS, CORPORATIONS, OR GOVERNMENT AGENCIES WHO MAY BE AFFECTED BY THE PROPOSED PROJECT ARE INVITED TO ATTEND THE HEARING AND TO SUBMIT ORAL OR WRITTEN COMMENTS ON THE APPLICATION. IT IS NOT NECESSARY TO FILE IN ADVANCE TO SPEAK AT THE HEARING. LENGTHY COMMENTS SHOULD BE SUBMITTED IN WRITING. EQUAL WEIGHT WILL BE GIVEN TO BOTH ORAL AND WRITTEN STATEMENTS. THE ADMINISTRATIVE LAW JUDGE (ALJ) MAY LIMIT THE TIME AVAILABLE FOR ORAL COMMENTS TO 5 MINUTES PER PERSON TO ENSURE THAT ALL PERSONS HAVE AN OPPORTUNITY TO BE HEARD. THE HEARING FACILITY IS REASONABLY ACCESSIBLE TO THE MOBILITY IMPAIRED.

Spanish language translation services will be made available at the hearing upon request. Translator services shall be made available, at no charge, upon written request to the ALJ at least 10 days prior to the hearing. All requests must be made to the NYSDEC Office of Hearings and Mediation Services, ALJ Molly T. McBride, 625 Broadway, First Floor, Albany, New York, 12233-1550. (518) 402-9003. The request must be received no later than 4:00 p.m. on May 13, 2005.

Interpreter services shall be made available to deaf persons, at no charge, upon written request to the ALJ at the address listed above at least 10 days prior to the hearing.

WRITTEN PUBLIC COMMENTS: All interested parties may submit written comments at the hearing or by mail no later than June 1, 2005 to Administrative Law Judge Molly T. McBride, NYS Department of Environmental Conservation, Office of Hearings and Mediation, 625 Broadway, 1st Floor, Albany, NY 12233-1550, with a copy to Michelle Moore, NYS Department of Environmental Conservation, 47-40 21st Street, Long Island City, NY 11101.

ISSUES CONFERENCE: A pre-adjudicatory issues conference will be held on June 15, 2005 at 10:00 A.M. at

Giando on the Water
400 Kent Avenue
Brooklyn, NY 11211
(718) 387-7000

The purpose of the issues conference is to define, narrow and if possible, resolve proposed adjudicable issues concerning the action which is being proposed. The Issues Conference may be canceled if no petitions for party status are timely filed. An adjudicatory hearing, if necessary, will be scheduled for a later date.

FILING FOR PARTY STATUS: Party status to participate at the adjudicatory hearing will be accorded only to those persons who file a written petition requesting party status, pursuant to 6 NYCRR 624.5 and 624.4(c). A petitioner for party status must demonstrate that a substantive and significant issue exists concerning the proposed permit. The DEC Staff and the Applicant/Permittee are parties to the hearing under the procedures in 6 NYCRR Part 624. Please see 6 NYCRR 624.4 and 624.5 for further information on party status and identification of issues.

All petitions must be received by 4:00 p.m. on June 1, 2005. One copy of any petition requesting either full party status or amicus status must be served upon the following individuals:

(1) Administrative Law Judge Molly T. McBride, NYSDEC Office of Hearings and Mediation Services, 625 Broadway, First Floor, Albany, NY 12233-1550;

(2) John Nehila, Esq, NYSDEC Region 2, 47-40 21st Street, Long Island City, New York 11101; and

(3) LeBoeuf, Lamb, Greene and MacRae, Thomas West, Esq., 99 Washington Avenue, Suite 2020, Albany, New York 12210-2820.

STATUTORY and REGULATORY PROVISIONS: ECL Article 27 (Collection, Treatment and Disposal of Refuse and other Solid Waste); 6 NYCRR Part 373 (Hazardous Waste Management Facilities); Part 617 (SEQR); Part 621 (Uniform Procedures); and Part 624 (Permit Hearing Procedures).

JAMES T. MCCLYMONDS
CHIEF ADMINISTRATIVE LAW JUDGE

April 6, 2005
Albany, New York

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