ENB - STATEWIDE NOTICES

        
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PUBLIC NOTICE

NOTICE OF PUBLIC HEARING

New York State Environmental Facilities Corporation

NOTICE IS HEREBY GIVEN that the New York State Environmental Facilities Corporation (“EFC”) will hold a public hearing on March 14, 2002 at 10:00 a.m. at 625 Broadway, Albany, New York in the Board Room to consider the issuance of special obligation bonds (the “Bonds”) under the New York State Environmental Facilities Corporation Act.

The New York State Environmental Facilities Corporation is empowered under the New York State Environmental Facilities Act, as amended, to issue tax exempt, special obligation revenue bonds and notes to finance solid waste disposal, pollution control, water management and certain other facilities.

The Bonds are proposed to be issued to finance the development of new disposal cells, close existing landfills cells, construct leachate and methane gas collection systems, improve access roads, acquire land, construct support buildings, purchase landfill equipment and develop new disposal cells within the current permitted acreage of landfills owned by Waste Management of New Jersey, Inc. located and operating at 10860 Olean Road, Chafee, New York (Erie County), 425 Perinton Parkway, Fairport, New York (Monroe County), and 1550 Balmer Road, Model City, New York (Niagara County). The aggregate face amount of the Bonds is presently estimated not to exceed Thirty-One Million Dollars ($31,000,000).

The Bonds to be issued by EFC will be special obligations of EFC payable solely from the revenues pledged to the payment thereof, and will not be a general obligation of, or be secured by, the taxing power of the State of New York. The Bonds will be payable from operating revenues generated by Waste Management of New Jersey, Inc., a wholly owned subsidiary of Waste Management, Inc. the parent company. Payment will be guaranteed by Waste Management, Inc.

All persons, organizations, corporations or government agencies desiring to submit comments at the hearing will be provided an opportunity to do so. Written comments can be submitted prior to the hearing to: Holly L. Roth, Legal Assistant, New York State Environmental Facilities Corporation, 625 Broadway, 7th Floor, Albany, New York 12207-2997.


General Depredation Permit for Canada Geese and Gulls

Statewide - The New York State Department of Environmental Conservation (DEC) has renewed the General Depredation Permit for Canada Geese and Gulls that was established in February 2000. The general permit authorizes certain actions to alleviate property damage and other conflicts associated with these species, in lieu of issuing individual permits on a case-by-case basis. The general permit authorizes any person to take Canada geese, ring-billed gulls, herring gulls, or great black-backed gulls in accordance with a valid federal migratory bird depredation permit, federal depredation order or other federal regulation permitting the taking of those species, subject to certain conditions and limitations (see text of permit below).

Establishment of this general permit allows more timely action by property owners to alleviate conflicts associated with geese and gulls and eliminates an administrative burden for the agency and the public. The federal regulatory process ensures adequate protection of migratory bird populations and makes State review and issuance of individual permits an administrative activity in most cases. Establishment of this permit will not have any effect on the methods available to the public for dealing with conflicts associated with geese and gulls. We anticipate periodic renewal of this general permit, with revisions as needed.

The draft text of this permit was published in the January 5, 2000 Environmental Notice Bulletin, and public comment was invited. No comments were received and the text of the final permit was unchanged from the draft. No comments have been received since the general permit became effective in February 2000. This renewal of the permit, is also unchanged from the original, except for the effective date, and the permit is valid until revoked. Any questions regarding the general permit should be sent to: Gordon Batcheller, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4754; phone (518) 402-8885; e-mail: grbatche@gw.dec.state.ny.us

Following is the final text of the general permit: GENERAL DEPREDATION PERMIT FOR CANADA GEESE AND GULLS (Effective January 1, 2002)

Section 11-0521 of the Environmental Conservation Law (ECL) authorizes the New York State Department of Environmental Conservation (DEC) to "... issue a permit to any person, to take any wildlife at anytime whenever it becomes a nuisance, destructive to public or private property or a threat to public health or welfare...". In the case of migratory birds, the U.S. Fish and Wildlife Service must also issue a permit before any person can take species protected by federal law. The federal permit process, with DEC input, provides adequate protection of the resource and makes review and issuance of individual State permits unnecessary in most cases.

DEC hereby authorizes any person to take Canada geese or gulls in accordance with a valid federal migratory bird depredation permit, federal depredation order or other federal regulation permitting the taking of migratory birds in accordance with Title 50, Code of Federal Regulations, Part 21, Subpart D (50 CFR 21D: Control of Depredating Birds), subject to the following conditions:

A. Activities carried out under this general permit must be done in accordance with all terms and conditions specified in the federal permit, depredation order or other regulation in 50 CFR 21D.

B. Only the following species may be taken pursuant to this general permit: Canada goose (Branta canadensis), ring-billed gull (Larus delawarensis), herring gull (L. argentatus), and great black-backed gull (L. marinus), within limits specified below. In this permit, the term "gulls" refers only to these three species.

C. Scaring/herding: Any person may scare or herd Canada geese or gulls by any means, including pyrotechnics and dogs, as long as Canada geese or gulls are not physically harmed.

D. Nests and eggs: Any person may take any number of nests or eggs of Canada geese found in any place, and any number of nests or eggs of gulls found on rooftops or other man-made structures or along public walkways, in accordance with a valid federal permit, depredation order or other regulation under 50 CFR 21D. Nests or eggs of these species may be disturbed, destroyed, or treated to prevent hatching. This general permit also satisfies the permit requirements of ECL 11-0505(5).

E. Shooting and euthanasia: No more than the following numbers of birds may be taken by shooting, live-trapping and euthanasia, or hand capture and euthanasia, from any single property or location:

Canada geese - no more than 2/day and no more than 20 in any calendar year; and Gulls - no more than 15/day of each species (45 in all) and no more than 250 ring-billed gulls, 250 herring gulls, or 50 great black-backed gulls in any calendar year; taking of gulls permitted at landfills only.

F. Relocation: No Canada geese or gulls may be relocated (live-trapped and released at a different location) under this general permit.

G. Activities carried out under this general permit must be done in accordance with all applicable local laws and regulations.

H. Activities not covered by this general permit may be allowed pursuant to an individual permit from DEC, after the corresponding federal permit or authorization is obtained. For information about federal migratory bird depredation permits, contact: Permit Office, U.S. Fish and Wildlife Service, P.O. Box 779, Hadley, MA 01035-0779, phone (413) 253-8643, fax (413) 253-8424.


Notice for the Ninth Annual NYS Governor's Award for Pollution Prevention

Applications are now available for the New York State Ninth Annual Governor's Award for Pollution Prevention. The awards program was established to recognize pollution prevention efforts by NYS organizations. Applicants can compete in one of the three following categories: 1) facilities generating waste and pollution: small (100 or fewer employees), mid-size (more than 100 and fewer than 500 employees), or large (more than 500 employees) industrial, commercial or institutional facilities; federal, state and local governments; and educational institutions, 2) technical assistance providers: environmental, community and civic organizations; trade associations or other business/industry groups; federal, state and local governments, and educational institutions; and other public or private entities, and 3) continuous improvement: this category is for organizations that demonstrate a longer term commitment to pollution prevention and continue to develop and implement pollution prevention programs and achieve results. Nominations for awards will be made to Governor Pataki by the Department of Environmental Conservation based on recommendations from a selection committee.

Criteria to be considered for the applicants include: waste volume/toxicity reduction, overall environmental benefits, overall economic benefits, improvement in worker safety, innovations in technology, process or education program, level of management commitment, and transferability.

IMPORTANT NOTICE: Presentation of the awards will be during the Fourteenth Annual Pollution Prevention Conference to be held in May 29-31, 2002 at the Crowne Plaza Hotel in Albany. The winners will be notified a week prior to the presentation of the awards. The deadline indicated in the brochure to apply for the awards is April 30, 2002. The application package is available through the DEC’s website: www.dec.state.ny.us/website/ppu/p2gov.html.

Anyone interested in obtaining more information regarding the application and criteria for the awards should contact Mr. Carlos Montes at the Department of Environmental Conservation, Pollution Prevention Unit, 625 Broadway, Albany, NY 12233-8010, telephone (518) 402-9476, Fax (518) 402-9470, email clmontes@gw.dec.state.ny.us