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CWM Chemical Services LLC - 4th Extension of Public Comment Period and Petition Deadline

November 20, 2014

STATE OF NEW YORK
FACILITY SITING BOARD
and the
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF EXTENSION OF DEADLINE TO FILE PUBLIC
COMMENTS AND PETITIONS FOR PARTY STATUS

Applicant and Project:CWM Chemical Services, L.L.C. -- Residuals Management Unit -Two (RMU-2)

In an email dated November 19, 2014, to Chief Administrative Law Judge James T. McClymonds, Ms. Witryol requested an extension of time from Friday, November 21, 2014, to Tuesday November 25, 2014, to file petitions for party status and public comments concerning the pending application filed by Chemical Waste Management, LLC for the proposed RMU-2 landfill and associated facilities in the Towns of Lewiston and Porter, Niagara County. The reason for the extension request is heavy snowfall resulting from lake-effect conditions in western New York.

Ms. Witryol copied her November 19, 2014, email to counsel for applicant and Department staff. In an email dated November 19, 2014, Mr. Darragh stated, on behalf of applicant, that CWM does not object to the proposed extension. Regional Attorney Maureen Brady has also advised that Department staff does not object to the proposed extension.

By email sent at 1:12 am on November 20, 2014, attorney Nils Olsen joined in the extension request due to the closure of his offices until the weekend.

Please take notice that the requests to extend the time to file petitions for party status and submit public comments are granted and the deadline is extended from Friday, November 21, 2014, to 4:00 p.m. on Tuesday, November 25, 2014. Instructions for filing petitions for party status can be found in the June 6, 2014 notice of joint public statement hearing and notice of extension of public comment period. A copy of the June 6, 2014, notice is posted on the Department's web site.

Please take further notice that the filing of petitions by email is authorized, provided petitions are received at the Office of Hearings and Mediation Service (email: ohms@dec.ny.gov) by the 4:00 p.m. deadline, and a conforming hardcopy is sent by first class mail and postmarked by the deadline date. Large submissions should divided into files 25 MB or less and sent in separate emails. Telefaxed petitions will not be accepted. Petitioners filing by email shall also email petitions by the 4:00 p.m. deadline to Department staff and applicant's counsel listed in the June 6, 2014 notice, with conforming hard copy by first class mail. Please contact Department staff and applicant's counsel for appropriate email addresses.

A copy of this notice will be sent to counsel for applicant and Department staff, as well as those who stated at the July 16, 2014 legislative hearing sessions that they would be filing petitions for party status.

If the Office of Hearings and Mediation Services (OHMS) receives any petitions for party status on Friday, November 21, 2014, OHMS will advise the petitioner of the extension of time.

James T. McClymonds
Chief Administrative Law Judge

Albany, New York
November 20, 2014

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