Department of Environmental Conservation

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New York City Department of Sanitation

February 12, 2004


Applicant: New York City Department of Sanitation ("DOS"), 125 Worth Street, New York, New York 10013 (Application No. 2-6105-00666/00001).

Project: The applicant proposes to operate a yard waste composting facility at 12720-B Flatlands Avenue, Brooklyn, an approximately 20-acre site consisting of fill material, located within an undeveloped portion of Spring Creek Park. The site is southeast of the intersection of Fountain and Flatlands Avenues, Brooklyn. The composting facility would receive approximately 15,000 tons per year of leaves, small brush, stumps, wood chips, grass, discarded Christmas trees, and, starting in the third year, this throughput would include up to 1,700 cubic yards of horse manure per year. Composting would take place within outdoor windrows. Odor suppression techniques would be employed. Composting activities would occur on an 18" pad of recycled asphalt millings. Upon closure, the facility elements, including the asphalt pad, would be removed and the site restored and revegetated. Compost will be made available to the New York City Department of Parks and Recreation for use in parks, and will be distributed to residents and public greening projects.

Permits: Solid Waste Management permit pursuant to the New York State Environmental Conservation Law ("ECL") article 27, title 7 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"), subpart 360-5 (Composting Facilities). The applicant has also requested three variances from the provisions of 6 NYCRR 360-5.5(g) and 360-4.4(d), with regard to distances from the perimeter of the site to the property line, surface waters, and places of business and residences. The New York State Department of Environmental Conservation issued a notice of complete application on December 20, 2002.

SEQRA Status: The NYC Department of Sanitation, as lead agency for review under the State Environmental Quality Review Act ("SEQRA," ECL article 8) determined that the project will not have a significant environmental impact and that no environmental impact statement was necessary. DOS issued this determination in a negative declaration dated December 17, 2002. The project is a Type I action and a coordinated review with other agencies was performed.

Public Hearing: A legislative hearing to receive unsworn comments on the proposed project will be held at 7:00 P.M. on TUESDAY, MARCH 30, 2004 at the BROOKLYN SPORTS CLUB (in Spring Creek Towers), 1540 VAN SICLEN AVENUE (at Seaview Avenue), BROOKLYN, NEW YORK 11239. The building may be entered from the parking lot on the south side of the building. Written comments may also be submitted, to be received by March 30, 2004 at the Office of Hearings and Mediation Services at the address below. All persons, organizations, corporations, or government agencies which may be affected by the project are invited to attend the hearing and to submit oral or written comments. It is not necessary to file an advance request in order to speak at the hearing. Reasonable time limits may be set for each speaker, in order to provide an opportunity for the maximum number of speakers to be heard. Lengthy statements should be in writing and may be summarized for oral presentation. Interpreter services will be made available to deaf persons, at no charge, upon written request to the Administrative Law Judge named below at least five business days prior to the date of the hearing. The location of the legislative hearing and issues conference is reasonably accessible to persons with a mobility impairment.

Issues Conference: A pre-adjudicatory hearing issues conference will be held at 11:00 A.M. on WEDNESDAY, MARCH 31, 2004 at the BROOKLYN SPORTS CLUB (in Spring Creek Towers), 1540 VAN SICLEN AVENUE (at Seaview Avenue), BROOKLYN, NEW YORK. Please see the receptionist at the front desk if attending the issues conference. The purpose of the issues conference is to define, narrow, and resolve, if possible, the issues which are proposed as subjects for adjudication. It is important that any persons requesting party status appear or be represented at the issues conference in order that all proposed issues may be fully discussed. The issues conference would continue on April 1, 2004, if necessary, at the same location. If an adjudicatory hearing will be held, it will be scheduled for a time and place to be set at a later date.

Party Status: To participate at the issues conference, a party 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). Any petition must fully identify the proposed party together with the name(s) of the person(s) who will act as the party's representative(s), the party's environmental interest in the proceeding, any interest relating to the statutes administered by DEC 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. Please see 6 NYCRR 624.4 and 624.5 for further information on party status and identification of issues.

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 the project may not meet, 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).

All petitions requesting party status to participate in the adjudicatory hearing must be received at the Office of Hearings and Mediation Services at the following address no later than close of business on FRIDAY, MARCH 26, 2004. Such petitions must be submitted to: Susan J. DuBois, Administrative Law Judge, New York State Department of Environmental Conservation, Office of Hearings and Mediation Services, 625 Broadway, Albany, New York 12233-1550 (telephone 518-402-9003). Petitions may not be submitted by telefax.

All persons requesting party status must also send a copy of their petition at the same time and in the same manner to: John Nehila, Esq., DEC Region 2, 47-40 21st Street, Long Island City, New York 11101 and to the attorney for the applicant, Christopher King, Esq., City of New York Law Department, 100 Church Street, New York, New York 10007-2601.

Document Availability: All filed documents are available for inspection during normal business hours at the Department's Region 2 Office, 47-40 21st Street, Long Island City, New York 11101 (718-482-4997, Attn: Jeffrey Rabkin) and at the DEC Office of Hearings and Mediation Services at the Albany address above. In addition, all filed documents are available for inspection at Spring Creek Library, 12143 Flatlands Avenue (at New Jersey Avenue), Brooklyn, NY 11207 and at New Lots Library, 665 New Lots Avenue (at Barbey Street), Brooklyn, New York 11207.

A copy of 6 NYCRR part 624 may be obtained from the DEC Office of Hearings and Mediation Services. A description of the hearing procedures can be found at, Hearings & Mediation, Guide to Permit Hearings.

Statutory and Regulatory Provisions: Environmental Conservation Law article 1 (General Provisions); article 3, title 3 (General Functions); article 8 (State Environmental Quality Review); article 27 (Solid Waste); article 70 (Uniform Procedures); and 6 NYCRR part 360 (Solid Waste Management Facilities);part 617 (State Environmental Quality Review); part 621 (Uniform Procedures) and part 624 (Permit Hearing Procedures).

James T. McClymonds
Chief Administrative Law Judge

Albany, New York
February 12, 2004

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