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ENB - Statewide Notices 1/12/2011

Public Notice

Pursuant to the Environmental Conservation Law sections 11-0521, 11-0903, and 11-0928 the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Adoption to amend 6 NYCRR Part 187 pertaining to black bear feeding. This notice will be published in issue 2 of the State Register, dated January 12, 2011.

For further information, please contact:

Gordon R. Batcheller
NYS DEC - Division of Fish, Wildlife and Marine Resources
625 Broadway
Albany, NY 12233-4754
Phone: (518) 402-8885
E-mail: wildliferegs@gw.dec.state.ny.us



Notice of Opportunity for Public Comment - New York State Climate Action Plan Interim Report

The New York State Climate Action Council announces the availability of the Climate Action Plan Interim Report for public review and comment.

On August 6, 2009, Governor David A. Paterson signed Executive Order 24, setting a goal to reduce New York State's greenhouse gas emissions by 80 percent below levels emitted in year 1990 by year 2050. The executive order also created the New York State Climate Action Council and directed it to prepare a plan to identify actions to achieve that goal, adapt to the effects of unavoidable climate change and stimulate a clean energy economy.

The Climate Action Council launched a process that brought together more than 100 technical experts and stakeholders and the broader public to identify and examine both mitigation and adaptation policy options, and to analyze the costs and benefits of adopting these policies. The preliminary results of this analysis have been summarized in the Interim Report.

Following review of public comment received on the Interim Report and additional analyses, including further evaluation of the effects of climate policy options on economic development and job creation, the Council will present a final Climate Action Plan in 2011.

All interested members of the public are invited to review and comment on the Interim Report. The 90 day public comment period will end on February 7, 2011. The Interim Report and instructions for submitting comments can be found at: http://www.nyclimatechange.us.

Public hearings on the Interim Report will be held in several locations across the state in early 2011.

Interested members of the public are encouraged to enroll on the Climate Action Plan mailing list (listserve) at: http://www.nyclimatechange.us to receive direct notification of public hearings and other information related to the Climate Action Plan.

Contact: Mark Lowery, NYS DEC - Office of Climate Change, 625 Broadway, Albany, NY 12233-1030, Phone: (518) 402-8448, E-mail: Office of Climate Change.



New York State Office of the Attorney General

Notice of Lodging of Consent Decree under the Comprehensive Environmental Response, Compensation, and Liability Act

Notice is hereby given that on January 3, 2011, a proposed consent decree (Consent Decree) in State of New York v. Hickey's Carting, Inc., et al., CV 01-3136 (KAM)(JO) was lodged with the United States District Court for the Eastern District of New York.

In this action the State of New York sought to recover unreimbursed costs incurred for activities undertaken in response to the release and threatened release of hazardous substances from the Town of Islip landfill on Blydenburgh Road in Islip, Suffolk County, New York (Site). This case was commenced by the State for the reimbursement of funds and does not directly concern the selection and implementation of a remedy for the Site.

The settling defendants are: Hickey's Carting, Inc., Dennis C. Hickey, and Maria Hickey (the Settling Defendants). In addition, the Town of Islip and the Town of Islip Resource Recovery Agency (collectively, Town), is a party to the settlement. The proposed Consent Decree requires the Settling Defendants to consent to a $650,000 judgment. The proposed Consent Decree will resolve the State of New York's claims in this action to recover its costs incurred in the investigation and remediation of the Site.

The New York State Office of the Attorney General will receive comments relating to the Consent Decree for a period of thirty (30) days from the date of this publication. Comments should be addressed to Pedro Medina, Assistant Attorney General, and either e-mailed to Pedro.Medina@ag.ny.gov or mailed to Pedro Medina, Assistant Attorney General, New York State Office of the Attorney General, 120 Broadway, New York, NY 10271, and should refer to State of New York v. Hickey's Carting, Inc.

The Consent Decree may be examined at the Office of the New York State Attorney General, 120 Broadway, New York, NY 10271. To review the Consent Decree there, contact Pedro Medina to make an appointment E-mail: Pedro.Medina@ag.ny.gov; Phone: (212) 416-8464. A copy of the Consent Decree may also be obtained by mail from Pedro Medina, Assistant Attorney General, New York State Office of the Attorney General, 120 Broadway, New York, NY 10271, or by faxing or e-mailing a request to Pedro Medina, Fax: (212) 416-6007; E-mail: Pedro.Medina@ag.ny.gov. In requesting a copy, please enclose a check in the amount of $9.75 (25 cents per page reproduction cost) payable to the State of New York. If making the request by e-mail or fax, forward a check in that amount to Pedro Medina at the above-stated address.


New York State Department of Environmental Conservation, New York State Department of Law, and Honeywell International Reach an Agreement Requiring Honeywell to Clean Up the Geddes Brook/Ninemile Creek Site

Notice is hereby given that on December 31, 2010 a proposed Consent Decree in State of New York v. Honeywell International Inc., Civil Action No. 89-CV-815, was lodged with the United States District Court for the Northern District of New York State pending conclusion of the public comment period on February 16, 2011. The proposed Consent Decree requires Honeywell to conduct a cleanup of contaminated sediments and soils within, and adjacent to, portions of Geddes Brook and Ninemile Creek (Onondaga County) in accordance with the Records of Decision (RODs) that were issued by the New York State Department of Environmental Conservation (NYS DEC) and the United States Environmental Protection Agency (USEPA) in 2009. The proposed Consent Decree, which is available for public review and comment, requires Honeywell to design and implement the remedy selected in the RODs. NYS DEC and the New York State Department of Law will request that the Court sign and order the Consent Decree if, after reviewing any comments submitted by the public, the agencies determine that it is in the public interest.

The remedy for Ninemile Creek, as described in the 2009 RODs, includes the dredging/excavation and removal of an estimated 117,000 cubic yards of contaminated channel sediments and floodplain soils/sediments covering approximately 30 acres. In addition, an estimated 67,000 cubic yards of contaminated sediments and floodplain soils/sediments will be removed over approximately 16 acres from lower Geddes Brook under an administrative Interim Remedial Measure (IRM). Restoration of the stream bed and banks, floodplains, wetlands, and habitats will be required following sediment and soil removal and placement of an isolation cap or backfill, where needed. This will include placement of a habitat layer with appropriate substrate types and thickness as well as plantings of appropriate species of wetlands and uplands vegetation. The details of habitat restoration will be developed during remedial design.

The design for the remediation of the Geddes Brook/Ninemile Creek site is underway. Design is anticipated to be completed for the Geddes Brook remediation area in 2011 and for the Ninemile Creek remediation area in 2012. Remedial construction activities for the Geddes Brook remediation area and for the Ninemile Creek remediation area are anticipated to commence in 2011 and 2012, respectively, and be completed in 2014. These activities will be coordinated with Onondaga Lake remedial activities.

The estimated cost to implement the remedial work in Ninemile Creek is approximately $36.7 million. This includes the cost to construct the remedy (estimated to be $34.0 million) and the present worth value of the operation and maintenance costs (estimated to be $2.7 million). The estimated cost to implement the remedial work in Geddes Brook is approximately $13.2 million. This includes the cost to construct the remedy (estimated to be $12.8 million) and the present worth value of the operation and maintenance costs (estimated to be $0.4 million). The responsible party, Honeywell International, Inc. (formerly AlliedSignal, Inc.), will design, construct, and provide long-term maintenance and operation of the remedy with NYS DEC oversight.

Related Documents

The proposed Consent Decree is available for review at the locations listed below. Furthermore, the complete Administrative Record file, which contains additional site information (including the Geddes Brook/Ninemile Creek Remedial Investigation, Baseline Human Health Risk Assessment, Baseline Ecological Risk Assessment, Feasibility Study, and the Supplemental Feasibility Studies), is also available at the locations listed below.

Atlantic States Legal Foundation
658 West Onondaga Street
Syracuse, NY 13204-3711
Phone: (315) 475-1170
Please call for hours of availability

NYS DEC - Region 7
615 Erie Boulevard West
Syracuse, NY 13204-2400
Phone: (315) 426-7400
Hours: M - F, 8:30 a.m. - 4:45 p.m.
Please call for an appointment

Onondaga County Public Library Syracuse Branch at the Galleries
447 South Salina Street
Syracuse, NY 13204-2494
Phone: (315) 435-1800

NYS DEC
625 Broadway
Albany, NY 12233-7016
Phone: (518) 402-9676
Hours: M - F, 8:30 a.m. - 4:45 p.m.
Please call for an appointment

Detailed information on the proposed Consent Decree is also available on NYS DEC's web site at: www.dec.ny.gov/chemical/37558.html under Onondaga County.

NYS DEC will accept written public comments regarding the proposed Consent Decree during the public comment period, which ends on February 16, 2011. If there is sufficient interest, additional public outreach will be scheduled.

Comments should be addressed to:

Timothy Larson, Project Manager
NYS DEC - Division of Environmental Remediation
Onondaga Lake Superfund Site - Technical Comments
625 Broadway
Albany, New York 12233-7016
Phone: (518) 402-9767
E-mail: derweb@gw.dec.state.ny.us
Please indicate "Geddes Brook/Ninemile Creek" in the subject line of the e mail.

Stephanie Harrington or Diane Carlton, Public Participation Questions and Comments
Citizen Participation Specialists
NYS DEC - Region 7 Office
Division of Environmental Remediation
615 Erie Boulevard West
Syracuse, NY 13204
Phone: (315) 426-7403
E-mail: reg7info@gw.dec.state.ny.us

A Responsiveness Summary will be prepared that describes the public comments received and NYS DEC's responses to the concerns raised.

If you would like to be added to the Geddes Brook/Ninemile Creek site contact list, please contact the NYS DEC project manager above or sign up for the Onondaga Lake News E-mail list on NYS DEC's website at: www.dec.ny.gov/chemical/52545.html.


Notice of Proposed Consensus Rulemaking
6 NYCRR Part 620, Summary Abatement Orders

Pursuant to Environmental Conservation Law (ECL) Section 71-0301, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

The NYS DEC proposes to amend 6 NYCRR 620, Summary Abatement Orders (SAO). Pursuant to ECL 71-0301, SAOs are issued by the Commissioner when, after investigation, it is determined that a person is causing a condition that in the Commissioner's judgment presents an imminent danger to the public health or welfare, or is likely to result in irreversible or irreparable damages to natural resources. In order to assure that the regulation is consistent with the statute; to clarify the documentation required to obtain an SAO; and to update the language in the regulation, the amendments are proposed.

Comments on the proposed amendments and supporting documents will be accepted by NYS DEC until close of business, February 14, 2011. Please submit comments to Helene G. Goldberger at the address listed below. Comments may also be submitted via the web to: hggoldbe@gw.dec.state.ny.us. Please include "SAO Comments" in the subject line of the e-mail.

The notice of proposed rulemaking, express terms and associated rulemaking documents are available electronically from Helene G. Goldberger. Paper copies may be obtained from the contact listed below.

For further information, contact:

Helene G. Goldberger, Administrative Law Judge
NYS DEC - Office of Hearings and Mediation Services
625 Broadway
Albany, NY 12233-1550
Phone: (518) 402-9003
E-mail: hggoldbe@gw.dec.state.ny.us



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