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CMW Industries, LLC.

December 8, 2008

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

NOTICE OF LEGISLATIVE PUBLIC HEARING and ISSUES CONFERENCE

CMW Industries, LLC
100-02 Farragut Road
Brooklyn, NY 11210

DEC Application ID # 2-6104-01410/00001-0

PROJECT DESCRIPTION and LOCATION:

Applicant, CMW Industries, LLC, has applied to the New York State Department of Environmental Conservation (DEC or Department) for a permit to construct and operate a 15 ton per day (330 tons per month) regulated medical waste (RMW) transfer station with transfer between vehicles and up to 350 gallons per day of conditionally exempt hazardous waste for consolidation by long haul transport to permitted treatment and destruction facilities. The location of the proposed project is 100-02 Farragut Road, bounded by Farragut Road and East 100th Street, Brooklyn (Kings County).

The on-site storage of hazardous waste is limited to less than ten days pursuant to Part 373-1.1(d) of Title 6 of the New York Compilation of Codes, Rules and Regulations (6 NYCRR), an activity not subject to permitting by DEC. CMW Industries, LLC proposes to accept waste from conditionally exempt, small quantity and large quantity generators such as dentists, radiological facilities, laboratories, hospitals, and research laboratories. The waste that would be accepted would include fixer and developer waste, formalin, formaldehyde, and formaldehyde solutions, xylene, alcohol, mercury, and waste mercury. The applicant will have the regulated medical waste and conditionally exempt hazardous waste collected and stored for removal by a licensed hazardous waste transporter. The number of truck trips to and from the facility are estimated at 17 per day and the facility would operate Monday through Friday, from 7 a.m. to 9 p.m.

SEQRA STATUS: Department staff identified this proposal as an unlisted action and on
August 11, 2008 issued a notice of determination of non-significance (negative declaration) that stated the action would not have a significant effect on the environment. The negative declaration provides that the Department staff identified as areas of concern: truck traffic, nuisance odors, noise and dust, neighborhood character, and waste handling contingencies. DEC staff compared the information provided by the applicant to the criteria contained in 6 NYCRR
§ 617.7(9)(c) and concluded that the project would not have a significant adverse impact on the environment.

STAFF'S POSITION: Tentatively, the DEC staff have concluded that a permit may be issued to applicant for the proposed project. On August 11, 2008, the Department staff issued a notice of complete application. With respect to the areas of concern that were studied as part of the SEQRA review, DEC staff determined that the project's noise level would not exceed the typical and ambient noise levels in the project area; the truck traffic related to this proposal is projected to be below the thresholds established in the City Environmental Quality Review (CEQR) manual for a traffic impact analysis; queuing spaces for incoming trucks will be provided inside the facility; adequate procedures were set forth for handling the waste provide for segregation and removal of unauthorized waste, handling of regulated medical waste and conditionally exempt hazardous waste within sealed containers would minimize worker and public exposure; and controls are proposed to minimize odor and dust. The project is located in a Commercial (C8-1) zone which provides for heavy commercial use and the project operations will take place within an enclosed building.

Pursuant to DEC Commissioner Policy 29, Environmental Justice and Permitting, applicant submitted an enhanced public participation plan to DEC. Based upon the factors cited above, Department staff has concluded that the facility operation would not result in a disparate adverse environmental impact on the local community.

PUBLIC LEGISLATIVE HEARING

In accordance with the provisions of Parts 360, 621, and 624 of 6 NYCRR, a legislative hearing will be held before Administrative Law Judge (ALJ) Helene G. Goldberger to receive unsworn statements from the public on the permit application on January 13, 2009 at the Remsen Heights Jewish Center located at 8700 Avenue K , Brooklyn, New York at 7:00 p.m.

All persons, organizations, corporations or government agencies that may be affected by the project are invited to attend the hearing session to submit oral or written comments. Written comments may be sent to Helene G. Goldberger, Administrative Law Judge, at the New York State Department of Environmental Conservation, Office of Hearings and Mediation Services, 625 Broadway, Albany, New York 12233-1550 until January 12, 2009. It is not necessary to file a written request in advance to speak at the legislative hearing.

The hearing location is reasonably 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 at least 10 business days before the hearing.

ISSUES CONFERENCE: A pre-adjudicatory hearing issues conference will be held on January 27, 2009 at the Department's Region 2 Annex located at 11-15 47th Avenue, Long Island City, New York. The purpose of the issues conference will be to define, narrow and resolve, if possible, the issues concerning the permit application. Participation at the issues conference shall be limited to Department staff, applicant, and those persons and organizations requesting party status.

FILING FOR PARTY STATUS AND PROPOSED ISSUES: Persons and organizations seeking party status to participate at any adjudicatory hearing must file a written petition meeting the requirements of 6 NYCRR 624.5(b). Applicant and Department staff are automatically full parties to the proceeding pursuant to 6 NYCRR 624.5(a) and do not file petitions.

Mere opposition to the project is not a sufficient basis to be granted party status. A petition must fully identify the proposed party and its representative, the petitioner's environmental interest in the proceeding, any interest related to the 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. Petitioners for full party status must identify the witnesses that they would present and the nature of their evidence. If a petitioner intends to rely upon expert testimony, the petitioner must identify the name of the 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.

ALL PETITIONS REQUESTING PARTY STATUS TO PARTICIPATE AT THE ADJUDICATORY HEARING MUST BE RECEIVED BY NO LATER THAN 5 P.M. ON January 8, 2009. Address all petitions to Helene G. Goldberger, 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 as the petition is furnished to the ALJ, a copy of the petition must be sent to applicant's attorney, Jeffrey S. Baker, Young Sommer . . . LLC, 5 Palisades Drive, Albany, NY 12205 and Lou Oliva, Regional Attorney, NYSDEC, Region 2, 47-40 21st Street, Long Island City, NY 11101.

DOCUMENT AVAILABILITY: A copy of the application materials is available for inspection at the Department's Region 2 office, 47-40 21st Street, Long Island City, NY. (Please contact Michelle M. Moore at [718] 482-4997). In addition, the applicant has set up two public depositories where members of the public may view the application materials:

Brooklyn Public Library
9612 Church Avenue
Brooklyn, NY 11212

Jamaica Bay Public Library
9727 Seaview Avenue
Brooklyn, NY 11236

The Department's hearing procedures may be found at http://www.dec.ny.gov/permits/6234.html - Guide to Permit Hearings, or by calling the Office of Hearings and Mediation Services at (518) 402-9003.

APPLICABLE STATUTORY AND REGULATORY PROVISIONS, PERMITS APPLIED FOR:

This application is being processed pursuant to ECL article 3 (General Functions), article 27 (Solid Waste Management), and article 70 (Uniform Procedures); as well as 6 NYCRRpart 621 (Uniform Procedures),part 624 (Permit Hearing Procedures), part 360 (Solid Waste Management Facilities), and part 370 (Hazardous Waste Management System).

James T. McClymonds
Chief Administrative Law Judge

Albany, New York
December 8, 2008

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