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Sullivan County Division of Solid Waste (March 2004)

March 5, 2004

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF ISSUES CONFERENCE AND PUBLIC COMMENT PERIOD

APPLICANT: SULLIVAN COUNTY DIVISION OF SOLID WASTE, 91 Landfill Drive, Monticello, New York, 12701-3835.

APPLICATION NUMBER: 3-4846-00079/00021.

PROJECT DESCRIPTION AND LOCATION: Sullivan County has submitted applications to expand the existing Sullivan County landfill located south of Broadway in the Village of Monticello by an additional 3.4 acres, into an area referred to in the application documents as Cell No. 6. This area, also referred to as the "Phase I" landfill expansion, is generally south of the existing landfill. The proposed Phase I expansion is separate from another proposed expansion that would encompass approximately 36 acres east of the existing landfill, toward Rose Valley Road. That separate proposal, also referred to as the "Phase II" landfill expansion, is the subject of another application that, unlike the Phase I application, has not been deemed complete by Staff of the New York State Department of Environmental Conservation ("Department Staff").

PERMIT MODIFICATIONS REQUESTED: The Phase I expansion, which would create Cell No. 6, requires modification of the following Department permits previously issued to Sullivan County:

1. The solid waste management facility permit, which addresses the landfill itself;

2. The industrial State Pollutant Discharge Elimination System (SPDES) permit, which addresses stormwater and leachate collection, treatment and disposal; and

3. The Title V air permit, which addresses the collection and treatment of landfill emission gases.

SEQRA STATUS: The Phase I (Cell No. 6) landfill expansion and the Phase II landfill expansion were evaluated together pursuant to the State Environmental Quality Review Act (SEQRA) by Sullivan County as lead agency. Sullivan County determined that the landfill expansions would have a significant effect on the environment and, accordingly, issued a Positive Declaration on April 17, 1997. A Draft Environmental Impact Statement (dated December 1997) and a Final Environmental Impact Statement (dated March 1998) have been prepared and are available for public review, as indicated below.

SHPA DETERMINATION: A cultural resources survey has been completed, in accordance with the State Historic Preservation Act (SHPA). Based on information provided in the survey report, the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) has determined that the proposed activity will have no impact on registered or eligible archaeological sites or historic structures. No further review in accordance with SHPA is required.

NOTICE OF COMPLETE APPLICATION: The Phase I landfill expansion application was deemed complete by Department Staff on December 23, 2003. A combined Notice of Complete Application and Notice of Legislative Hearing regarding this expansion appeared in the Department's on-line Environmental Notice Bulletin on January 7, 2004.

TENTATIVE STAFF POSITION: Department Staff has made tentative determinations to approve the applications for a modification of the existing SPDES and Title V air permits to add Cell No. 6. These determinations are required by federal regulations and indicate that the regulated discharges or emissions have been determined to satisfy minimum regulatory standards for permit modification, based on information available to the Department at this time. These determinations do not signify Department approval or endorsement of the activities for which these permits are sought or for the overall proposed project at this time. Draft permits reflecting these determinations have been prepared by Department Staff and are available for public review at locations identified below. Department Staff has not yet made any determination with regard to the proposed modification of the solid waste management facility permit.

PUBLIC COMMENT PERIOD: A legislative hearing satisfying the requirements of the Department's permit hearing procedures was held during the evening of February 10, 2004, at the Sullivan County Government Center in Monticello. Therefore, another legislative hearing is not being scheduled. Instead, a further opportunity is being afforded for written comments related to the applications for the Phase I landfill expansion. All persons, organizations, corporations or government agencies that may be affected by this expansion are invited to submit written comments directly to the assigned Administrative Law Judge (ALJ), Edward Buhrmaster, at the Department's Office of Hearings and Mediation Services, 1st Floor, 625 Broadway, Albany, New York, 12233-1550. Comments must be postmarked no later than April 9, 2004. Written comments previously submitted in response to the combined Notice of Complete Application and Notice of Legislative Hearing, and oral comments delivered at the February 10 legislative hearing, are already part of the Department's record and need not be resubmitted.

ISSUES CONFERENCE: Pursuant to Section 624.4(b) of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York [6 NYCRR 624.4(b)], an issues conference will be held before ALJ Edward Buhrmaster at the SULLIVAN COUNTY GOVERNMENT CENTER, 100 NORTH STREET, MONTICELLO, NEW YORK. It will begin at 10:00 a.m. on APRIL 15, 2004, and continue throughout the day, and on APRIL 16, 2004, as necessary. The issues conference will be held to determine party status for any person or organization that has properly filed (as indicated below) and to narrow and define those issues, if any, that will require adjudication in this matter. Participation at the issues conference shall be limited to Department Staff, the Applicant, and those persons or organizations requesting party status. Following the issues conference, the participants will be advised of the ALJ's rulings as to party status and issues, and as to whether an adjudicatory hearing will be scheduled for 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 any adjudicatory hearing that takes place. If there are no filings for party status, of if any filed objections are withdrawn and all proposed issues are satisfactorily resolved before the issues conference, the conference will be canceled and no adjudicatory hearing will be necessary.

FILINGS FOR PARTY STATUS AND PROPOSED ISSUES: Party status to participate in the issues conference and any subsequent adjudicatory hearing will be accorded only to those persons who file a written petition requesting party status pursuant to 6 NYCRR 624.4(c) and 624.5. Mere opposition to the project is not a sufficient basis to be granted party status. A petition must fully identify the proposed party and the name(s) of the person or persons who will represent the party, the petitioner's environmental interest in the proceeding, any interest relating to statutes administered by the Department that are relevant to the project, whether the petition is for full party or amicus status, and the precise grounds for opposition or support.

If a petitioner seeks full party status, its petition must identify an issue which could result in permit denial, major modification of the project or the imposition of significant permit conditions in addition to those proposed by Department Staff. Petitioners must identify specific legal requirements which they assert would not be met and fully set forth the reasons for their conclusions. Also, petitioners must identify the witnesses they would present at an adjudicatory hearing and the nature of evidence each witness would present. If a petitioner intends to rely upon expert testimony, the petitioner must identify the name of each expert, that person's qualifications, a summary of the subject matter on which the expert is offered, and a summary of the expert's opinions as well as the facts upon which those opinions are based.

If a petitioner seeks amicus status, its petition must identify a legal or policy issue which needs to be resolved by the hearing, indicate the petitioner's interest in the resolution of the issue, and explain how through expertise, special knowledge or unique perspective, the petitioner may contribute materially to the record on such issue.

Persons having similar interests are encouraged to consolidate their filings.

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 3:00 P.M. ON APRIL 9, 2004. Address all petitions to Edward Buhrmaster, Administrative Law Judge, New York State Department of Environmental Conservation, Office of Hearings and Mediation Services, 1st Floor, 625 Broadway, Albany, New York, 12233-1550. At the same time and in the same manner that the petition is furnished to the ALJ, a copy of the petition must be furnished to Cheryl A. McCausland, Deputy County Attorney, Sullivan County Department of Law, County Government Center, 100 North Street, P.O. Box 5012, Monticello, New York, 12701; and to Jonah Triebwasser, Assistant Regional Attorney, New York State Department of Environmental Conservation Region 3, 21 South Putt Corners Road, New Paltz, New York, 12561-1620. Electronic filings and service by fax will not be accepted. Any questions about filing requirements or other hearing procedures may be addressed by ALJ Buhrmaster by telephone at (518) 402-9003.

DOCUMENT AVAILABILITY: A copy of the application materials, the Draft and Final Environmental Impact Statements, and the draft permits prepared by Department Staff is available for public review at the following locations:

NYS Department of Environmental Conservation
Region 3 Office
21 South Putt Corners Road
New Paltz, New York 12561-1620
Contact Person: Lawrence G. Biegel
Please call (845) 256-3041 for an appointment.

Crawford Public Library
187-189 Broadway
Monticello, New York 12701
Contact librarian at (845) 794-4660.

ENVIRONMENTAL JUSTICE: The landfill is located within an area subject to the provisions of the Department Commissioner's Policy No. 29, "Environmental Justice and Permitting." Accordingly, a public participation plan has been prepared in order to give minority and low-income communities greater opportunities for public participation in, and access to, public information on matters relating to human health and the environment associated with this project. A copy of this plan is available for public review at the locations listed above.

APPLICABLE STATUTES AND REGULATIONS: This application is being processed pursuant to Environmental Conservation Law (ECL) Article 1 (General Provisions), Article 3 (General Functions), Article 17 (Water Pollution Control), Article 19 (Air Pollution Control), and Article 27 (Collection, Treatment and Disposal of Refuse and Other Solid Waste); as well as 6 NYCRR Subpart 201-6 (Title V Facility Permits), Part 360 (Solid Waste Management Facilities), Part 621 (Uniform Procedures), Part 624 (Permit Hearing Procedures), and Part 750 (SPDES Permits).

James T. McClymonds
Chief Administrative Law Judge

Albany, New York
March 5, 2004

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