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Waste Management of New York, LLC

May 13, 2005

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

NOTICE OF PUBLIC HEARING
NOTICE OF ACCEPTANCE OF DRAFT ENVIRONMENTAL IMPACT STATEMENT
NOTICE OF COMPLETE APPLICATIONS

APPLICANT: Waste Management of New York, LLC
10860 Olean Road, Chaffee, New York 14030-9799

NYSDEC APPLICATION ID: 9-1462-00001/00017 (Tracked Permit Record)

PERMITS APPLIED FOR: ARTICLE 27 TITLE 7: SOLID WASTE MANAGEMENT
ARTICLE 19: AIR POLLUTION CONTROL
ARTICLE 24: FRESHWATER WETLANDS
6NYCRR PART 608: WATER QUALITY CERTIFICATION

FACILITY: Waste Management of New York LLC Chaffee Landfill Western Expansion 10860 Olean Road, Chaffee, New York 14030-9799

PROJECT DESCRIPTION: The New York State Department of Environmental Conservation (DEC), as State Environmental Quality Review Act (SEQR) Lead Agency, has accepted a Draft Environmental Impact Statement (EIS) on the proposed Western Expansion of the Chaffee Landfill located in the Town of Sardinia, Erie County. The proposed Western Expansion would be located immediately to the west of the existing landfill. The existing Chaffee Landfill is about 50.93 acres in size and is located approximately 2500 feet southwest of NYS Route 16 and Hand Road. The overall, conceptual Western Expansion, as described in the draft EIS, has a proposed new waste footprint of 52.5 acres and a waste overliner of 14.9 acres. The current permit applications relate only to the new waste footprint of 52.5 acres and 3.5 acres of waste overliner. A future permit proceeding would be necessary to authorize use of the remaining 11.4 acre waste overliner area. As part of the project, a 19.6 acre mine is proposed to be developed to the north of Hand Road which would provide approximately 900,000 cubic yards of soil material necessary for the expansion. There are approximately 0.70 acres of proposed impacts to federal wetlands and construction of a wetland mitigation area of 2.15 acres adjacent to NYSDEC regulated Freshwater Wetland SD-1 would be required. Currently, Waste Management of New York, LLC operates the Chaffee Landfill for the disposal of municipal solid waste and non-hazardous commercial and industrial wastes. The existing Solid Waste Permit allows the facility to receive 600,000 tons of waste per year. As presently proposed, the Western Expansion would have the same waste acceptance limit. The projected capacity of the proposed Western Expansion in the new 56 acre footprint is about 8,300,000 cubic yards. It is anticipated that this part of the expansion area will be operated over a 10 to 15 year time frame, after which a final cover system will be installed over the landfill, unless a permit is later issued for the undeveloped 11.4 acre overliner area.

PERMITS: Waste Management of New York, LLC has applied for permits pursuant to the following: Article 27, Title 7, 6 NYCRR Part 360 Solid Waste Management, Article 19, 6 NYCRR 200 Air Pollution Control; Article 24, Freshwater Wetlands ; 6 NYCRR 608, Water Quality Certification.

NOTICE OF COMPLETE APPLICATION: Applicant was notified by letter dated May 13, 2005 that the application was complete.

DEC STAFF POSITION: The Department has prepared draft Solid Waste Management, Air State Facility, Freshwater Wetlands and Water Quality Certification Permits for the proposed facility. The draft Solid Waste Management Permit will allow for the construction and operation of the landfill and associated facilities for a period of ten years. This draft permit includes conditions to assure that the facilities will be built in accordance with 6 NYCRR Part 360 regulations and the engineering report, plans and specifications prepared for this project. The draft Air State Facility Permit is for a preconstruction permit for the installation and operation of a landfill gas collection and control system. This draft permit includes air pollutant emission limitations to insure and verify that New Source Review applicability regulatory thresholds in 6 NYCRR Part 231-2 and 40 CFR 52.21 are not exceeded. The draft Freshwater Wetlands Permit is combined with the draft Water Quality Certification and is for the loss of federally jurisdictional waters including wetlands, and for related compensatory mitigation. The draft permits represent tentative determinations and do not signify Departmental approval for or endorsement of the proposed project. The Department has made a preliminary determination, based on the application, that the project is eligible to be covered under SPDES General Permit GP-98-03, for storm water discharges from industrial activity except construction and the standards of GP-02-01 for storm water discharges from construction activity.

DOCUMENT AVAILABILITY: The Draft EIS, including permit applications and the Department's draft permits are available for review at the following locations during normal business hours:

NYS Department of Environmental
Conservation
270 Michigan Avenue
Buffalo, New York 14203-2999
Contact Person: David S. Denk
(716) 851-7165
(1 copy available)

NYS Department Environmental
Conservation
182 East Union - Suite 3
Allegany, New York 14706
Contact Person: Kenneth Taft
(716) 372-0645
(2 copies available)

Waste Management of New York, LLC
10860 Olean Road
Chaffee, New York 14030-9799
Contact Person: Thomas Lewis
(716) 496-5000
(2 copies available)

Town of Sardinia Hall/Community Center
12320 Savage Road
Chaffee, New York 14134
(3 copies available)

Arcade Free Library
365 West Main Street
Arcade, New York 14009
(585) 492-1297
(2 copies available)

Arcade Herald
223 Main Street
Arcade, New York 14009
(1 copy available)

STATE ENVIRONMENTAL QUALITY REVIEW ACT ("SEQRA") DETERMINATION: The project is a Type I Action. A Draft Supplemental Environmental Impact Statement has been prepared. New York State Department of Environmental Conservation (Region 9 - see contact address below) is the SEQR Lead Agency.

STATE HISTORIC PRESERVATION ACT ("SHPA") DETERMINATION: A cultural resources survey was completed during the conceptual review. No archeological sites or historic structures were identified at the project location. In accordance with SHPA, no further review is required.

PUBLIC HEARING AND ISSUES CONFERENCE: A legislative hearing on the applications and the Draft EIS will be held to receive unsworn statements from the public on June 20, 2005. There will be two hearing sessions, the first at 3:00 p.m.- 5:00 p.m., and the second beginning at 7:00 p.m. at the following location:

TOWN OF SARDINIA COMMUNITY CENTER
12230 SAVAGE ROAD
CHAFFEE, NEW YORK 14134

All persons, organizations, corporations or government agencies that may be affected by the proposed project are invited to attend the legislative hearing and to submit oral comments on the Draft EIS, applications and draft permits. No prior filing is required to participate. However, the ALJ may restrict the time available to 5 minutes for each person, to ensure that all persons will have an opportunity to be heard. It is recommended that lengthy comments be submitted in writing at the hearing. Written comments regarding this application may also be filed with the Office of Hearings at the address indicated below either before or during the legislative hearing. Equal weight will be given to both oral and written comments. 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 written request to the ALJ identified below, at least ten (10) business days prior to the hearing.

WRITTEN PUBLIC COMMENTS: All interested parties may submit written comments at the hearing or by mail no later than July 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 David Denk, New York State Department of Environmental Conservation, Region 9, Division of Environmental Permits, 270 Michigan Avenue, Buffalo, New York 14203-2999.

ISSUES CONFERENCE: A pre-adjudicatory issues conference will be held on July 25, 2005 at 9:00 A.M. at

TOWN OF SARDINIA COMMUNITY CENTER
12230 SAVAGE ROAD
CHAFFEE, NEW YORK 14134

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). 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 July 15, 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) David Stever, Esq., NYSDEC Region 9, 270 Michigan Avenue, Buffalo, New York 14203-2999; and

(3) Daniel M. Darragh, Esq., Cohen & Grigsby, PC, 11 Stanwix Street, Pittsburgh, Pa. 15222-1319.

STATUTORY and REGULATORY PROVISIONS: ECL Article 27 (Collection, Treatment and Disposal of Refuse and other Solid Waste); 6 NYCRR Part 200 (Air Resources); Part 663 (Freshwater Wetlands); Part 750 (State Pollutant Discharge Elimination System); Part 608 (Water Quality Certification); Part 617 (SEQR); Part 621 (Uniform Procedures); and Part 624 (Permit Hearing Procedures).

May 13, 2005
Albany, New York

JAMES T. MCCLYMONDS
CHIEF ADMINISTRATIVE LAW JUDGE
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