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Sullivan County Division of Solid Waste (March 2005)

March 23, 2005

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

NOTICE OF COMPLETE APPLICATION, LEGISLATIVE HEARING
AND ISSUES CONFERENCE

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

APPLICATION NUMBER: 3-4846-00079/00027

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 35 acres, into an area referred to in the application as the "Phase II Expansion." The proposed Phase II expansion is separate from the Phase I (Cell 6) expansion that was permitted by the Department earlier this year. The Phase II expansion would consist of Cells 7 to 11 on the east side of the existing facility, in the direction of Rose Valley Road, and would allow up to 18 more years of landfilling. The Phase II expansion would partially overlap the existing landfill and raise the maximum height of the landfill by approximately 100 feet above the existing landfill height. The currently permitted maximum annual tonnage would not change.

PERMITS REQUESTED: As part of its Phase II permit application, Sullivan County requests modification of the following Department permits it currently holds:

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.

The County also requests from the Department a freshwater wetlands permit for construction of a portion of the landfill in 0.1 acres of state-regulated Class 2 Freshwater Wetland MO-67 and approximately 0.63 acres of the 100-foot-wide adjacent area around this 28.5-acre wetland. As mitigation for loss of wetland and adjacent area, the County proposes to restore or create a combined total of 3.61 acres of wetland adjacent to wetland MO-67.

In addition to the freshwater wetlands permit, the County requests a water quality certification under Section 401 of the Federal Water Pollution Control Act for the elimination of approximately 0.05 acres of federally regulated wetland and the disturbances to state-regulated wetland MO-67.

SEQRA STATUS: The previously permitted Phase I (Cell 6) landfill expansion and the proposed Phase II landfill expansion were evaluated together pursuant to the State Environmental Quality Review Act (SEQRA) by Sullivan County as lead agency. The County determined that the landfill expansions were a Type I action that 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 resources. Therefore, in accordance with SHPA, no further review is required.

NOTICE OF COMPLETE APPLICATION: Department Staff has determined that the Phase II expansion application is complete. Pursuant to Section 621.1(d) of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York [6 NYCRR 621.1(d)], a "complete application" means an application for a permit which is in an approved form and is determined by the Department to be complete for the purpose of commencing review of the application but which may need to be supplemented during the course of review in order to enable the Department to make the findings and determinations required by law.

TENTATIVE STAFF POSITION: Department Staff has not yet made any determinations with regard to the proposed modification of the solid waste management facility permit, the request for the freshwater wetlands permit, or the request for the water quality certification. However, Department Staff has made tentative determinations to approve the applications for the requested modifications of the existing SPDES and Title V air permits. These tentative determinations are required by federal regulations and indicate that the regulated discharge and emissions have been determined to satisfy minimum standards for permit modification, based on information available to the Department at this time. They do not signify Department approval or endorsement of the activities for which the permits are sought or for the overall proposed project at this time. The Department seeks comments on the proposed permit modifications before making final decisions on them.

AVAILABILITY OF DRAFT PERMITS: A draft SPDES permit (NY-0259942) and a draft Title V air permit modification (a.k.a., Mod 2) have been prepared by the Department and are available for review, as indicated below. Please note that the U.S. Environmental Protection Agency (EPA) Administrator has authority to bar issuance of the Title V air permit modification if he determines it is not in compliance with the requirements of 6 NYCRR Part 201. Under terms of the draft SPDES permit, all contaminated stormwater and leachate from the 35-acre Phase II expansion would be piped to an existing wastewater treatment plant at the landfill, and all uncontaminated stormwater would be discharged into wetland MO-67 via a "level spreader" extending 1,000 feet along the landfill's Phase II southern boundary with the wetland.

ENVIRONMENTAL JUSTICE: Because of the landfill's environmental impact on a low-income community, the Department's review of this project is governed by Commissioner's Policy CP-29, "Environmental Justice and Permitting," which is available for viewing and downloading at the Department's web site at http://www.dec.state.ny.us/website/ej/index.html. Pursuant to that policy, the County has prepared a plan to improve this community's opportunities for participation in the Department's review of this project. A copy of the public participation plan is available for review, as indicated below.

LEGISLATIVE HEARING: Pursuant to 6 NYCRR 624.4(a), a legislative hearing will be held to hear and receive the unsworn statements of the public relating to the permit applications. The hearing will be conducted by Department Administrative Law Judge (ALJ) Edward Buhrmaster at 3:00 and 7:00 p.m. on May 5, 2005, in the Legislative Hearing Room of the Sullivan County Government Center, 100 North Street, Monticello, New York. All persons, organizations, corporations or government agencies which may be affected by the proposed Phase II landfill expansion are invited to attend the hearing and to submit oral or written comments. While it is not necessary to file in advance to speak at the hearing, lengthy comments should be submitted in writing and summarized for oral presentation. Reasonable time limits may be set for each speaker as necessary to afford all attendees an opportunity to be heard. The hearing location is fully accessible to persons with a mobility impairment. Interpreter services shall be made available to deaf persons at no charge upon request to ALJ Buhrmaster at least 10 days prior to the hearing. Written comments on the applications may be mailed to ALJ Buhrmaster at the Department's Office of Hearings and Mediation Services, 1st Floor, 625 Broadway, Albany, New York, 12233-1550, and will be considered equally with oral statements delivered at the legislative hearing, provided they are postmarked no later than May 20, 2005.

ISSUES CONFERENCE: Pursuant to 6 NYCRR 624.4(b), an issues conference will be conducted by ALJ Edward Buhrmaster in the Legislative Hearing Room of the Sullivan County Government Center, 100 North Street, Monticello, New York. The conference will begin at 1:00 p.m. on June 13, 2005, and continue throughout that afternoon, resuming from 10:00 a.m. to 5:00 p.m. on June 14 and 15, 2005, as necessary. The 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 County, and those persons or organizations requesting party status. Following the issues conference, the participants will be advised of the ALJ's rulings as to issues and party status, and whether an adjudicatory hearing will be scheduled 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 any adjudicatory hearing that takes place. If there are no filings for party status, or 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 meeting the requirements of 6 NYCRR 624.5(b). 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 that they would present at an adjudicatory hearing and the nature of the 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 JUNE 1, 2005. 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 to ALJ Buhrmaster by telephone at (518) 402-9003. Also, the governing hearing provisions can be found at http://www.dec.state.ny.us, Hearings and Mediation, Guide to Permit Hearings.

DOCUMENT AVAILABILITY: A copy of the application materials, the Draft and Final Environmental Impact Statements, the two draft permits (SPDES and Air Title V) prepared by Department Staff, and the County's Environmental Justice Public Participation Plan is available for your review at each of the following locations:

NYS Department of Environmental Conservation
Region 3 Office
21 South Putt Corners Road
New Paltz, New York 12561-1620
Contact Person: Michael D. Merriman
Please call (845)256-3165 for an appointment.

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

Sullivan County Division of Solid Waste
91 Landfill Drive
Monticello, New York 12701
Please call (845)794-4466.

Village of Monticello Clerk's Office
2 Pleasant Street
Monticello, New York 12701
Please call (845)794-6130.

Town of Thompson Clerk's Office
4052 Route 42
Monticello, New York 12701
Please call (845)794-2500.

The Department's Draft Title V Permit for the Phase II expansion is available for viewing and downloading at the Department's web site. For assistance, call Mr. Merriman at (845)256-3165.

APPLICABLE STATUTES AND REGULATIONS: This application is being processed pursuant to Environmental Conservation Law (ECL) Article 1 (General Provisions), Article 3 (General Functions), Article 15 (Water Resources), Article 17 (Water Pollution Control), Article 19 (Air Pollution Control), Article 24 (Freshwater Wetlands), Article 27 (Collection, Treatment and Disposal of Refuse and Other Solid Waste) and Article 70 (Uniform Procedures); as well as 6 NYCRR Subpart 201-6 (Title V Facility Permits), Part 360 (Solid Waste Management Facilities), Part 608 (Protection of Waters), Part 621 (Uniform Procedures), Part 624 (Permit Hearing Procedures), Part 663 (Freshwater Wetlands Permit Requirements), and Part 750 (SPDES Permits).

James T. McClymonds
Chief Administrative Law Judge

Albany, New York
March 23, 2005

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