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Hyland Facility Associates

August 23, 2006



The New York State Department of Environmental Conservation (Department) gives notice that it has received complete permit applications and has accepted a Draft Supplemental Environmental Impact Statement (Draft SEIS) for public review for the action described below:

Applicant: Hyland Facility Associates
25 Greens Hill Lane
Rutland, VT 05702

Facility: Hyland Landfill
6653 Herdman Road
Angelica, NY 14709

Application ID: Permits Applied for:
9-0232-00003/00002 ECL Article 27, Title 27; 6NYCRR 360: Solid Waste Management Facilities
9-0232-00003/00007 ECL Article 19: Air Pollution Control
9-0232-00003/00009 6 NYCRR 608.9: Water Quality Certification
9-0232-00003/00011 ECL Article 17: State Pollutant Discharge Elimination System (SPDES)

Location: The facility is located on a 624.4 acre parcel on Herdman Road, which is west of Peacock Hill Road, and approximately 1 miles south of the Village of Angelica, in the Town of Angelica, Allegany County. The proposed expansion area is located immediately south, adjacent to the currently permitted landfill.

Project Description: Applicant proposes to increase the total permitted Hyland Landfill footprint from approximately 90 acres (28.27 acres of landfill cell area) to approximately 174 acres (76.27 acres of landfill cell area), and increase the maximum permitted overall height of the landfill by 68 feet, from 2,015 feet above sea level using the National Geodetic Vertical Datum established in 1929 (NGVD 29) to 2,083 feet NGVD 29. The maximum tonnage of waste accepted would also increase from 232,440 tons per year (745 tons per day) to 312,000 tons per year (averaging approximately 1,000 tons per day). If approved, the landfill life would be extended by 20 to 25 years, depending on the rate of waste receipt.

Public Hearing: Two legislative hearing sessions will be held to receive unsworn statements from the public on the above reference applications and the Draft SEIS on October 3, 2006 at the Centerpoint Christian Academy, 21 E. Main St., Angelica, NY 14709-8710 (Telephone: 585-466-7631). The first legislative hearing session will be held from 4:00 p.m. until 6:00 p.m. The second session will begin at 7:00 p.m.

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 SEIS, application materials and draft permits. No prior filing is required to participate. However, the Administrative Law Judge (ALJ) may restrict the time available to 5 minutes for each person, to ensure that all persons will have an opportunity to be heard. Lengthy comments should be submitted in writing. Written comments regarding the Draft SEIS, application materials, and the draft permits may also be filed either before the legislative hearing with the Office of Hearings at the address and by the deadline indicated below, or during the legislative hearing. Equal weight will be given to 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.

Draft Permits and Department Staff's Tentative Position: The Department has prepared draft Solid Waste Management, Air State Facility (ASF), and SPDES Permits and a Water Quality Certification for the proposed landfill expansion. The draft permits represent Department staff's tentative determinations, and do not signify staff's approval for, or endorsement of, the proposal.

The draft Solid Waste Management Permit will allow for the construction of the proposed landfill expansion and the subsequent operation of the landfill and associated facilities. The draft permit includes conditions to assure that the proposed expansion would be built in accordance with title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) part 360 regulations and the prepared Engineering Report, Plans and Specifications.

The draft ASF Permit will allow for the construction of the proposed landfill expansion and the continued operation of the gas collection and control system to reduce emissions and control odors at the facility. The Draft ASF Permit includes air pollutant emission limitations, compliance schedules, and periodic monitoring requirements to ensure and verify compliance with the applicable requirements.

The draft SPDES Permit will allow for discharges averaging up to 309,840 gallons per day (GPD) of stormwater runoff and 20,160 GPD of groundwater from the groundwater suppression system to Tributary 117-157 of the Genesee River and Tributary 117-155-4B of Angelica Creek (Outfalls 1 through 4) and 600 GPD of treated sanitary waste to groundwater (Outfall 5). The draft SPDES Permit incorporates: (1) the requirements in the Section L - Landfills, Land Application Sites and Open Dumps of the EPA guidance document entitled, Final Reissuance of National Pollutant Discharge Elimination System (NPDES) Storm Water Multi-Sector General Permit for Industrial Activities, dated Dec. 30, 2000; (2) the requirements in the draft SPDES Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity; and (3) the interim permit requirements for whole effluent toxicity testings and monitoring requirements in lieu of the final permit limits from the "Effective Date of the Permit (EDP)" to "Certification of Stormwater Retention Ponds (CSRP) plus two years." During this period, the draft SPDES Permit has effluent limits for pH, and oil and grease, as well as action levels for iron and total suspended solids. The proposed stormwater retention ponds for the proposed landfill expansion would be constructed according to the design presented in applicant's Stormwater Pollution Prevention Plan (SWPPP), dated August 2004. Prior to "CSRP + 2 years," applicant would submit a Performance Evaluation Report to Department staff setting forth the results of the whole effluent toxicity testing and monitoring of the discharge concentrations, and a summary of the construction, modification and performance of the ponds, including the as-built plans and specifications. After reviewing the report, Department staff would initiate a permit modification pursuant to 6 NYCRR part 621.14 to establish the testing and monitoring requirements that would take effect upon the expiration of the "CSRP + 2 years" period. The interim permit requirements would remain in effect pending issuance of the permit modification.

The draft Water Quality Certification is combined with the draft Solid Waste Management Permit, and relates to the loss of federally regulated freshwater wetlands. The draft Water Quality Certification provides for compensatory mitigation to address impacts to wetlands as well as impacts on a total of 2,160 linear feet to two unnamed streams (Class and Standard "C").

State Environmental Quality Review (SEQR): Department staff, as the lead agency, determined that the proposed landfill expansion is a Type I Action and issued a Positive Declaration on November 2, 2002. Subsequently, applicant prepared a Draft Supplemental Environmental Impact Statement (Draft SEIS), which is now available for public review and comment.

State Historic Preservation Act (SHPA): A cultural resources survey was completed. No archaeological sites or historic structures were identified at the project location. No further review in accordance with SHPA is required.

Availability for Public Comment: The permit applications with supporting documents including the Draft SEIS, the draft Solid Waste Management Facility, draft Air State Facility, draft SPDES Permits and draft Water Quality Certification may be reviewed at the following New York State locations, during normal business hours:

● New York State Department of Environmental Conservation, 182 East Union, Suite 3, Allegany;
● New York State Department of Environmental Conservation, 270 Michigan Avenue, Buffalo;
● Angelica Public Library, 55 West Main Street, Angelica;
● Angelica Town Hall, 49 Park Circle, Angelica;
● Angelica Village Office, 21 Peacock Hill Road, Angelica;
● Olean Public Library, 134 North 2nd Street, Olean; and
● Hyland Facility, 6653 Herdman Road, Angelica.

The Draft SEIS is posted on applicant's website at: Digital copies of the Draft SEIS and application materials are also available on compact disk (CD) by contacting Hyland Facility Associates at 585- 466-7271.

Written Comments: Comments about the application documents, the Draft SEIS, and draft permits identified above must be postmarked by September 27, 2006, and sent to Administrative Law Judge Daniel P. O'Connell, NYS Department of Environmental Conservation, Office of Hearings and Mediation, 625 Broadway, 1st Floor, Albany, NY 12233-1550. Copies should be sent to Mary E. Hohmann, New York State Department of Environmental Conservation, Region 9, Division of Environmental Permits, 182 East Union, Suite 3, Allegany, NY 14706-2113, and to Thomas S. West, Esq., The West Firm, 677 Broadway, 8th Floor, Albany, NY 12207-2990.

Issues Conference: A pre-adjudicatory hearing issues conference will be held on October 4, 2006 at 10:00 a.m. at the American Legion Hill Warner Post #414, 16 W. Main Street, Angelica, New York 14709. The purpose of the issues conference is to define, narrow, and resolve, if possible, the issues which are proposed as subjects for adjudication. Any persons requesting party status must appear or be represented at the issues conference in order that all proposed issues may be fully discussed. The ALJ will advise the parties of the date for the adjudicatory hearing, if one is required.

Party Status: To participate in the adjudicatory hearing, persons must file a written petition requesting full party status, pursuant to 6 NYCRR 624.5 (also see 6 NYCRR 624.4[c]). Petitions for full party status must demonstrate that substantive and significant issues exist concerning the proposed project. Please see 6 NYCRR 624.4 and 624.5 for further information about requesting full party status and identifying issues for adjudication.

All petitions requesting full 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 3:30 p.m. on September 27, 2006. Telefaxed copies will not be accepted. Petitions must be submitted to: Daniel P. O'Connell, 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).

All persons filing petitions must also send a copy of their petition at the same time and in the same manner to: David Stever, Esq., Assistant Regional Attorney, NYS DEC Region 9, 270 Michigan Avenue, Buffalo, NY 14203-2999 (telephone: 716-851-7190), as well as to applicant's attorney, Thomas S. West, Esq., The West Firm, 677 Broadway, 8th Floor, Albany, NY 12207-2990 (telephone: 518-641-0500).

Statutory and Regulatory Provisions: Environmental Conservation Law (ECL) article 1 (General Provisions); article 3, title 3 (General Functions); article 8 (State Environmental Quality Review); article 17 (Water Pollution Control); article 19 (Air Pollution Control); article 27 (Collection, Treatment and Disposal of Refuse and other Solid Waste); article 70 (Uniform Procedures); as well as implementing regulations 6 NYCRR part 200 et seq. (Prevention and Control of Air Contamination and Air Pollution); part 360 (Solid Waste Management Facilities); 6 NYCRR 608.9 (Water Quality Certifications); part 750 et seq. (State Pollutant Discharge Elimination System [SPDES] Permit); part 617 (State Environmental Quality Review); part 621 (Uniform Procedures); and part 624 (Permit Hearing Procedures). With respect to the Water Quality Certification, 33 USC 1341 (Federal Water Pollution Control Act) applies.

James T. McClymonds
Chief Administrative Law Judge

Albany, New York
August 23, 2006

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