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Leo Dickson & Sons, Inc.

July 9, 2012

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION

NOTICE OF LEGISLATIVE HEARING
NOTICE OF AMENDED NEGATIVE DECLARATION
APPLICANT: LEO DICKSON & SONS, INC.

APPLICATION NO:DEC No. 8-4699-00012/00001 Land Application Facility
DEC No. 8-4699-00022/00001 Compost Facility

PROJECT LOCATION: 5226 BONNY HILL ROAD

BATH, NEW YORK 14810

PROJECT DESCRIPTION: Permittee/Applicant LEO DICKSON & SONS, INC. operates a solid waste management facility in accordance with an existing Part 360 permit which authorizes it to land apply stabilized sludges or biosolids generated at various municipal wastewater treatment plants, on designated or permitted fields in the towns of Bath, Cameron and Thurston. Applicant is authorized under a Part 360 registration to spread non-recognizable food wastes on a separate set of fields from the fields permitted to receive biosolids. The registered fields are located in Bath, Cameron and Thurston. Applicant is also regulated as a Concentrated Animal Feeding Operation or CAFO and is thus regulated under the CAFO General Permit to manage animals and the manure associated with animals. For the most part, the same fields are used for spreading manure that are used for biosolids and food wastes.

The Applicant has applied for a modification to the existing land application permit to add the land application of non-recognizable food wastes operations to the Part 360 permit. The modified permit will allow the applicant to utilize all authorized fields for land application of both biosolids and non-recognizable food wastes on both registered and permitted fields.

A public notice for this project was issued on February 23, 2011. Since that time, some additions have been made to the application including the addition of 5 new sources of biosolids, and the authorization to land apply dewatered food processing waste to a specific list of fields (fields with gradual slopes <4% grade) during the winter months. A modification to the Compost Facility permit, to add new sources of biosolids, is also being included in this Hearing and Public Comment Period.

PUBLIC HEARING: Pursuant to 6 NYCRR 621, a legislative public hearing for the receipt of public comment on the applications and DRAFT permit modifications will be held on August 6, 2012, at 6:00 p.m. at

Haverling High School
25 Ellas Avenue
Bath, New York

All persons, organizations, corporations, or government agencies who may be affected by the proposed project are invited to attend the hearing and to submit oral or written comments on the application. 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 hearing location is fully accessible to persons with a mobility impairment pursuant to the State Administrative Procedures Act and interpreter services shall be made available to deaf persons at no charge upon written request to the Administrative Law Judge (ALJ) identified below, 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 August 16, 2012 to Administrative Law Judge P. Nicholas Garlick, NYS Department of Environmental Conservation, Office of Hearings and Mediation Services, 625 Broadway, 1st Floor, Albany, NY 12233-1500, with a copy to Kimberly Merchant, NYS Department of Environmental Conservation, 6274 Avon-Lima Road, Avon, New York 14414. Comments must be received by close of business on August 16, 2012 to be considered.

SEQR STATUS: Pursuant to the State Environmental Quality Review Act (SEQR, ECL article 8 and 6 NYCRR part 617), DEC has determined that the proposed action described above is a Type 1 action and will not have a significant effect on the environment. Notice of the Negative Declaration was published on February 23, 2011.

A Negative Declaration for this action is on file at DEC's Region 8 Office. Based upon modifications to the permit application, an amended Negative Declaration was issued by the Department on May 1, 2012.

TENTATIVE DETERMINATION: DEC has found the permit modification application complete and has made a tentative determination to issue the permit modification for the aforementioned changes. The DRAFT permit modification has been prepared pursuant to the applicable regulations in 6 NYCRR Part 360.

DOCUMENT AVAILABILITY:Hard copies of the DRAFT permit modification, all application materials and the aforementioned Negative Declaration and Amended Negative Declaration are available for public review during normal business hours at DEC's Region 8 office, 6274 Avon-Lima Road, Avon, New York 14414 (contact is Kimberly Merchant at 585-226-5392) and at the Town Clerk's Office, Room 103, Town of Bath, 110 Liberty Street, Bath, NY (contact is Rhonda Tobias at 607-776-7013).

Also, electronic copies of the DRAFT permit modification documents, and SEQR Negative Declaration and amended Negative Declaration (in "pdf" form) will be available from DEC's public website at http://www.dec.ny.gov/permits/6061.html at this time or in the near future.

Dated: July 9, 2012

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