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Regal Recycling Co.

May 7, 2002

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

APPLICANT/PERMITTEE: M.& P. REALI ENTERPRISES, INC., a.k.a. REGAL RECYCLING CO., 170-21 Douglas Avenue, Jamaica, New York, 11433-1220.

PROJECT APPLICATION NUMBER: 2-6307-00008/00009.

PROJECT DESCRIPTION AND LOCATION: The Applicant proposes a modification to the Department permit for its solid waste transfer station and recyclables handling and recovery facility at 170-21 Douglas Avenue in Jamaica, which is authorized to handle putrescible waste and construction and demolition debris. The Applicant proposes that the permit be modified to increase the handling throughput capacity for the management of putrescible solid waste from 355 cubic yards (177.5 tons) per day to 1200 cubic yards (600 tons) per day while maintaining the permitted throughput capacity for construction and demolition debris of 355 cubic yards (266 tons) per day. The on-site storage of construction and demolition debris would be reduced from 2885 to 2000 cubic yards per day.

The proposed increase in putrescible waste throughput would result in, at most, 10 truck trips during peak hours of operation. The Applicant proposes to end the on-street queuing of trucks and other vehicles associated with the facility's operation by maintaining a truck staging area proximate to the site and creating queuing spaces within the facility building. Existing truck traffic patterns would change to direct inbound trucks to Douglas Avenue. Proposed operations would be conducted within a fully enclosed building. Odor and dust suppression measures would be employed, and the facility would operate Mondays through Saturdays.

APPROVAL SOUGHT: The Applicant seeks a modification of its Department permit to construct and operate a solid waste management facility, which has been issued pursuant to Title 7 of Article 27 of the Environmental Conservation Law ("ECL") 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").

STATE ENVIRONMENTAL QUALITY REVIEW ACT ("SEQRA") STATUS: Pursuant to ECL Article 8 and 6 NYCRR Part 617 (State Environmental Quality Review), the Department, as co-lead agency, issued a negative declaration dated January 18, 2002. The Department determined that the proposed increase in the facility's handling capacity for putrescible solid waste is an unlisted action that would not have a significant effect on the environment and, therefore, that an environmental impact statement would not be required. The other co-lead agency, the New York City Department of Sanitation, issued a negative declaration on September 1, 2000.

NOTICE OF COMPLETE APPLICATION: A notice of complete application, dated January 18, 2002, was published in the Department's Environmental Notice Bulletin on January 23, 2002, and in Newsday on January 24, 2002.

TENTATIVE DEPARTMENT STAFF POSITION: Department Staff are willing to approve the requested permit modification subject to special conditions that would be part of a new permit for the facility. A permit that Staff proposes to issue will be available for public review on June 3, 2002.

STATUTORY AND REGULATORY PROVISIONS: Apart from the legal provisions cited above, the following provisions of law govern this application for a permit modification: ECL Article 3, Title 3 (General Functions) and ECL Article 70 (Uniform Procedures); as well as 6 NYCRR Parts 621 (Uniform Procedures) and 624 (Permit Hearing Process).

LEGISLATIVE HEARING: Pursuant to 6 NYCRR 624.4(a), a legislative hearing will be held to receive unsworn statements from the public regarding the proposed permit modification. The hearing will be held at 7 P.M. June 11, 2002, at the First Presbyterian Church, 89-60 164th Street, Jamaica. All persons, organizations, corporations and government agencies that may be affected by the modification are invited to attend the legislative hearing and to submit oral comments on the proposal. While it is not necessary to file in advance to speak, lengthy comments should be submitted in writing at the hearing. The Administrative Law Judge ("ALJ") may restrict speakers to five minutes each to ensure that all persons have an opportunity to be heard. Written comments regarding this application may be filed with the ALJ at the legislative hearing or mailed to the ALJ (named below) at the Department's Office of Hearings and Mediation Services (address provided below), provided they are postmarked by June 5, 2002.

The legislative 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.

ISSUES CONFERENCE: Pursuant to 6 NYCRR 624.4(b), an issues conference will be held at 10 A.M. June 12, 2002, at the Department's Region 2 Office, 47-40 21st Street, Long Island City, continuing throughout the day as necessary. The issues conference will be held to determine party status for any person who has properly filed (as indicated below) and to narrow and define those issues, if any, which will require adjudication concerning the proposed permit modification. Participation at the issues conference shall be limited to the Department Staff, the Applicant, and those persons requesting party status. Following the issues conference, the participants will be advised of the ALJ's rulings on party status and issues and if the adjudicatory hearing is to be canceled or scheduled to commence at a later date. The ALJ's determination whether to conduct an adjudicatory hearing shall be based on whether issues proposed at the conference are substantive and significant, in accordance with 6 NYCRR 624.4(c). Only those persons granted party status may participate in the adjudicatory hearing, if one is necessary. If there are no filings for party status, or if any filed objections are withdrawn and all issues satisfactorily resolved, the issues conference will be canceled, as will any adjudicatory hearing.

FILINGS FOR PARTY STATUS AND PROPOSED ISSUES: Party status to participate at the issues conference and any subsequent adjudicatory hearing will be granted only to those persons who file a written petition requesting party status, pursuant to 6 NYCRR 624.5 and 6 NYCRR 624.4(c). Mere opposition to the permit modification is not a sufficient basis to be granted party status. A petition must fully identify the proposed party and the name of the person who will act as a representative of the party, the petitioner's environmental interest in the project, any interest relating to statutes administered by the Department relevant to the project, whether the petition is for full party or amicus status, and the precise grounds for opposition to or support of the permit modification. If a petitioner seeks full party status, the petition must identify a proposed issue which could result in denial of the permit modification or the imposition of permit conditions beyond those necessary to reflect the Applicant's proposal. Petitioners for full party status must identify specific legal requirements which they assert are not met, the names and qualifications of proposed witnesses, and the nature of the evidence each witness would present if there is an adjudicatory hearing. Petitioners for amicus status must identify the nature of the legal or policy issue(s) to be briefed which meet the criteria set forth in 6 NYCRR 624.4(c), and explain why they are in a special position with respect to the identified issue(s). Persons having similar interests are encouraged to file as a consolidated party. ALL PETITIONS REQUESTING PARTY STATUS TO PARTICIPATE AT THE ADJUDICATORY HEARING MUST BE RECEIVED AT THE DEPARTMENT'S OFFICE OF HEARINGS AND MEDIATION SERVICES NO LATER THAN 2 P.M. JUNE 6, 2002. SUCH FILINGS SHALL BE SUBMITTED TO EDWARD BUHRMASTER, ADMINISTRATIVE LAW JUDGE, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, 625 BROADWAY, 1st FLOOR, ALBANY, NEW YORK, 12233-1550; TELEPHONE (518)402-9003. In the same manner and at the same time petitions are filed with the ALJ, copies of the petition must be sent to the Applicant's attorney, Peter Sullivan of Sullivan, Chester and Gardner, 230 Park Avenue, New York, New York, 10169, and to the attorney for Department Staff, John Nehila, Esq., New York State Department of Environmental Conservation, Region 2, 47-40 21st Street, Long Island City, New York, 11101. Electronic filings will not be accepted.

DOCUMENT AVAILABILITY: A copy of the complete application for the permit modification, as well as documents bearing on the Department's review of the application, are available from the Department's Region 2 office in Long Island City. (Department Staff's draft permit will be available on June 3, 2002.) To review these materials, contact Michelle Moore of the Department's Division of Environmental Permits at (718)482-4997 between 9 A.M. and 5 P.M. Monday to Friday.

Daniel E. Louis
Chief Administrative Law Judge

Albany, New York
May 7, 2002

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