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CWM Chemical Services LLC

January 4, 2010

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION

NOTICE OF INTENT TO MODIFY
NOTICE OF LEGISLATIVE PUBLIC COMMENT HEARING
NOTICE OF PUBLIC COMMENT PERIOD

PERMITTEE:

CWM CHEMICAL SERVICES LLC
1550 BALMER ROAD
MODEL CITY, NY 14107

FACILITY:

CWM CHEMICAL SERVICES - MODEL CITY SITE
1550 BALMER RD
MODEL CITY, NY 14107

APPLICATION ID: 9-2934-00022/00049

PERMIT(S) BEING MODIFIED: 1 - Article 17 Titles 7 & 8 Industrial SPDES - Surface Discharge

PROJECT IS LOCATED: In PORTER in NIAGARA COUNTY

PROJECT DESCRIPTION: The New York State Department of Environmental Conservation (DEC) is pursuing a Department Initiated Modification (DIM) and renewal to the State Pollutant Discharge Elimination System (SPDES) Permit NY 0072061 pursuant to 6 NYCRR Part 750-1.18, New York State DEC's Environmental Benefit Permit Strategy (EBPS). This is a re-notice of Notice of Intent to Modify published in the Environmental Notice Bulletin on 10/17/07 (available at: www.dec.ny.gov/enb/38947.html). The proposed changes described below are in addition to the changes proposed in the 10/17/07 Notice and reflect the comments received from the general public, interest groups, and the permittee. Detailed explanations of the comments received are provided in the Responsiveness Summary.

CWM Chemical Services, LLC facility is located in the Town of Porter, Niagara County. The facility provides aqueous treatment of hazardous and non-hazardous industrial wastes generated off site, contaminated groundwater generated onsite, and landfill leachate generated onsite. Wastewater treatment consists of separation, settling, pH adjustment, precipitation, filter presses, bio-inoculation, sand filtration, and activated carbon. The facility has a maximum design flow of 1.0 million gallons per day (mgd) treated wastewater discharged to the Niagara River, a class A-Special water (Outfall 001), and stormwater runoff discharged from three separate outfalls (Outfalls 002, 003, 004) to the tributaries of Fourmile Creek and Twelvemile Creek, class C waters.

The following changes to the permit are proposed: Outfall 001 - Parameters have been reduced, deleted or increased to reflect actual discharge levels. Special Conditions No. 5.b (outfall specific) - leakage test requirements - an annual testing frequency for the discharge pipeline has been added with the requirement to test within two months prior to an anticipated discharge. Outfall 01A - This new internal outfall is a monitoring point following final treatment and before discharge to tanks T-58 and T-125, for compliance with the EPA's Centralized Waste Treatment (CWT) requirements. This outfall is also a compliance monitoring point for PCBs and pesticides. Outfall 01B - This new internal outfall is a monitoring point for compliance with CWT metals regulations found at 40 CFR Part 437. Outfalls 02A, 02B, and 02C - These new internal stormwater outfalls will require routine monitoring for PCB Aroclors with specific numeric limits, and solids. Outfalls 002, 003, and 004 - Parameters have been either deleted or reduced as a result of either non-applicability, a requirement for a water quality based limit or the parameters are already incorporated into a broad analytical scan. Citizen's Review Board (CRB) - Reference to and all provisions for the CRB will be deleted from the permit because the CRB does not exist anymore. The CRB was created in relation to permitting Secure Landfill (SLF) 11, which has been closed for years. The CRB was also allowed to take independent samples of the wastewater discharge to the Niagara River to verify analyses performed in the onsite laboratory before a state laboratory certification program existed. However, the State's Environmental Laboratory Approval Program (ELAP) was authorized by regulation in 1984, thereby incorporating comprehensive quality assurance and quality control requirements into all analyses performed in relation to SPDES permit requirements. CWM must use an ELAP-certified laboratory for all permit compliance monitoring.

Pollutant Minimization Plans (PMPs) are being added to the permit for Mercury and PCBs. A Schedule of Compliance is being added to the permit for monitoring Dioxins/Furans at new internal process wastewater Outfall 01A. A Schedule of Compliance is being added to the permit for monitoring Pesticides at new internal storm water Outfalls 02A, 02B, and 02C.

PUBLIC HEARING: Pursuant to 6 NYCRR 621.8, a legislative public hearing for the receipt of public comment on the DRAFT permit modification will be held on February 22, 2010 at 6:00 p.m. at:

Lewiston-Porter High School
4061 Creek Road
Youngstown, NY 14174

ALL PERSONS, ORGANIZATIONS, CORPORATIONS, OR GOVERNMENT AGENCIES WHO MAY BE AFFECTED BY THE PROPOSED PERMIT MODIFICATION ARE INVITED TO ATTEND THE HEARING AND TO SUBMIT ORAL OR WRITTEN COMMENTS. IT IS NOT NECESSARY TO FILE IN ADVANCE TO SPEAK AT THE HEARING. LENGTHY COMMENTS SHOULD BE SUBMITTED IN WRITING. EQUAL WEIGHT WILL BE GIVEN TO BOTH ORAL AND WRITTEN STATEMENTS. THE ADMINISTRATIVE LAW JUDGE (ALJ) MAY LIMIT THE TIME AVAILABLE FOR ORAL COMMENTS TO 5 MINUTES PER PERSON TO ENSURE THAT ALL PERSONS HAVE AN OPPORTUNITY TO BE HEARD. THE HEARING FACILITY IS REASONABLY ACCESSIBLE TO THE MOBILITY IMPAIRED.

Translator services shall be made available, at no charge, upon written request to the ALJ at least 10 days prior to the hearing. All requests must be made to the NYSDEC Office of Hearings and Mediation Services, ALJ Molly T. McBride, 625 Broadway, First Floor, Albany, New York, 12233-1550. (518) 402-9003. The request must be received no later than 4:00 p.m. on February 1, 2010. Interpreter services shall be made available to deaf persons, at no charge, upon written request to the ALJ at the address listed above at least 10 days prior to the hearing.

WRITTEN PUBLIC COMMENTS: All interested persons, organizations, corporations or government entities may submit written comments at the hearing or by mail no later than March 22, 2010 to Administrative Law Judge Molly McBride, NYS Department of Environmental Conservation, Office of Hearings and Mediation, 625 Broadway, 1st Floor, Albany, NY 12233-5500, with a copy to Teresa Diehsner, NYSDEC, Division of Environmental Permits, 625 Broadway, Albany, NY 12233-1750.

Comments must be received by March 22, 2010 to be considered.

SEQR STATUS: Project is an Unlisted Action and will not have a significant impact on the environment.

STATE HISTORIC PRESERVATION ACT (SHPA) DETERMINATION:
The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.

COASTAL MANAGEMENT:
This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

DOCUMENT AVAILABILITY: Hard copies of the DRAFT permit modification, and related documents are available for public review during normal business hours at DEC's Central Office, 625 Broadway, Albany, New York 12233-1750, contact Teresa Dieshner at (518) 402-9167 and DEC's Region 9 office, 270 Michigan Avenue, Buffalo, NY 14203-2915, contact Jerry Palumbo at (716) 851-7070; and at the following locations:

Youngstown Free Library
240 Lockport Street
Youngstown, NY 14174

Lewiston Public Library
305 South Eighth Street
Lewiston, NY 14092

Porter Town Hall
3265 Creek Road
Youngstown, NY 14174

Also, electronic copies of the DRAFT permit modification documents, the DEC Fact Sheet and Responsiveness Summary can be downloaded from DEC's public website at www.dec.ny.gov/permits/6061.html

Dated: January 4, 2010
Albany, New York

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