ENB - REGION 9 NOTICES

Completed Applications
Consolidated SPDES Renewals

Notice of Intent To Approve A Trial Burn Plan - Notice of Trial Burn Schedule

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION (NYSDEC)

Applicant: Durez Corporation
Date: July 2, 2003
Address: 5000 Packard Road,
Niagara Falls, New York 14302
Permits/Application Numbers: 6 NYCRR Part 373 Hazardous Waste Management Permit
EPA I.D. No: NYD002103216
DEC Permit No.: 9-2911-00111/00003

Project Location/Description: Durez Corporation, located at 5000 Packard Road in Niagara Falls, New York operates an incinerator that incinerates liquid hazardous wastes generated from phenolic resin manufacturing operations at the site. As part of renewal of its Part 373 Permit for hazardous waste storage and incineration at the facility, Durez is required to perform a trial burn under the Part 373 program to demonstrate (1) compliance with the performance standards for hazardous waste incinerators in 6 NYCRR Part 373-2.15 and (2) to enable NYSDEC to determine incinerator operating conditions so that its emissions are protective of human health and environment. Durez is also required to conduct a comprehensive performance test (CPT) to demonstrate compliance with new air emission standards in the Maximum Achievable Control technology (MACT) rule for hazardous waste combustors, promulgated by the United States Environmental Protection Agency and adopted by the New York State (Air Program). Durez has opted to conduct a joint test under Part 373 and MACT rules and thus, has submitted a Trial Burn/Comprehensive Performance Test (CPT) Plan narrating detailed testing procedures to be followed during the test.

Based on the review of the plan, NYSDEC has determined that it is acceptable and therefore, is intending to approve it in accordance with the requirements of both Part 373 and MACT Rules. This notice is pursuant to 6 NYCRR Part 373-1.9(a)(4) which requires NYSDEC to send notice to appropriate units of local governments and persons on facility mailing list announcing its intent to approve the test plan with tentative schedules for commencement and completion of the test.

Tentative Test Schedule: Scheduled commencement date: August 11, 2003
Scheduled completion date: August 18, 2003

Tentative Date for Approval of the Trial Burn Plan: July 25, 2003

Other Activities which are required prior to permit issuance:

Review and approval of the trial burn results, human health and ecological risk assessment reports, and public notice of the draft permit.

NYSDEC Contact Persons: Mr. Jeffrey E. Dietz and Mr. Steven J. Doleski, Division of Environmental Permits, Region 9 Office, 270 Michigan Avenue, Buffalo, NY 14203-2999; Telephone: (716) 851-7165, or Mr. Ravi Pilar, Division of Solid and Hazardous Materials, 625 Broadway, 8th Floor, Albany, NY, 12233-7251; Telephone: (518) 402-8609.

Durez Corporation Contact: Mr. Charles E. Noll, Environmental Consultant, Durez Corporation, P.O. Box 863, Niagara Falls, NY 14302; Telephone: (716) 286-0127.

Document availability: Copies of the Trial Burn/CPT Plan and supporting documents are available for review and copying at the NYSDEC Region 9 Office, 270 Michigan Avenue, Buffalo, NY 14203-2999; Telephone: (716) 851-7165, and also at NYSDEC Headquarters at 625 Broadway(8th Floor), Albany, NY 12233-7251; Telephone: (518)402-8609. Copies of these documents are also available in the Earl Brydges Public Library, 1425 Main Street, Niagara Falls, NY 14302.


Negative Declaration

Chautauqua County - The Town of Westfield, as lead agency, has determined that the proposed Adoption of Local Law Regulating Signs will not have a significant adverse environmental impact. The action involves the adoption of a comprehensive local law regulating signs in the Town of Westfield outside the Village of Westfield. The project is located in Westfield, New York

Contact: Martha Bill, Supervisor, 23 Elm Street, Westfield, NY 14787, phone:(716) 326-3211.


Chautaugua County - The Chautauqua County, Chautauqua Fire District No. 1, as lead agency, has determined that the Chautauqua Fire District No. 1 Building Addition will not have a significant adverse environmental impact. The action involves construction of an 11, 500 square feet addition to an existing fire station with associated site improvements. The project is located at 7 Massey Avenue, Chautauqua, New York.

Contact: Peter Seevers, Chairman, 7 Massey Avenue, Chautauqua, NY 14722.


Erie County - The Town Board of the Town Of Amherst, as lead agency, has determined that the proposed Hopkins Road Water System Improvements will not have a significant adverse environmental impact. The action involves improvements to the Hopkins Road water system which include the installation of approximately 11,200 linear feet of new watermain, approximately 14 new fire hydrant assemblies, new gate valves, and new ductile iron waterline fixtures and appurtenances. The project will extend along Hopkins Road between Millersport Highway and Tonawanda Creek Road. The project is located on Hopkins Road, between Millersport Highway and Tonawanda Creek Road, Amherst.

Contact: Eric W. Gillert, Planning Department, 5583 Main Street, Williamsville, NY 14221, phone: (716) 631-7051, fax: (716) 631-7153, E-mail:planning@amherst.ny.com


Erie County The Town Board of the Town Of Amherst, as lead agency, has determined that the proposed Rezoning of 2330 Maple Road will not have a significant adverse environmental impact. The action involves the rezoning of 1.0± acre of land from Multi-Family Residential District - Seven (MFR-7) to General Business (GB) for a proposed Lowe’s facility to be located at 2330 Maple Road, Amherst, NY (Z-5-03). The petitioner is Benderson Development Co., Inc., 570 Delaware Avenue, Buffalo, NY . The property is located at the northwest corner of the intersection of Maple and Transit Roads (Eastview Plaza). The petitioner is proposing to demolish the former K-Mart building along with retail space, and construct a new 135,152± sq. ft. Lowe’s facility. The 1.0± acre parcel to be rezoned to GB is located in the northwest corner of the plaza site and is required to accommodate the Lowe’s store and to provide an adequate truck turning radius.

Contact: Eric W. Gillert, Planning Department, 5583 Main Street City: Williamsville State: NY 14221, phone: (716) 631-7051, fax: (716) 631-7153, E-mail:planning@amherst.ny.com.


Erie County - The Planning Board of the Town Of Amherst, as lead agency, has determined that the proposed Site Plan Review - Proposed Vix Plaza Retail Expansion will not have a significant adverse environmental impact. The action involves site plan approval for a proposed retail building to be located at 705 Maple Road in the Vix Plaza. The property measures 4.7± acres and is located at the southwest corner of the intersection of Maple and North Forest Roads. The petitioner is proposing to demolish an existing 4,500± sq. ft. vacant building on the east side of the existing Vix store and construct a 10,080± sq. ft. retail building in its place. The project is a Type I action due to the property’s proximity to Ellicott Creek. The petitioner is Benderson Development Co., Inc., 570 Delaware Avenue, Buffalo, NY. The project is located at 705 Maple Road, Amherst.

Contact: Eric W. Gillert, Planning Department, 5583 Main Street City: Williamsville State: NY 14221, phone: (716) 631-7051, fax: (716) 631-7153, E-mail:planning@amherst.ny.com.


Erie County - The Town Board of the Town of Amherst, as lead agency, has determined that the proposed Modification of Rezoning Conditions & Certification of Findings will not have a significant adverse environmental impact. The action involves a modification of the conditions of rezoning as stated in the Certification of Findings for the Boulevard Consumer Square development located at 1621 Niagara Falls Boulevard, Amherst, NY. A Lead Agency coordination letter was previously issued on January 30, 1996 for the rezoning of 37.2 acres of land at the subject location from Research Development (RD) to General Business (GB) (Z-2-96). The rezoning was granted by the Amherst Town Board on December 23, 1996.

The applicant is now seeking to modify the following conditions of the rezoning as stated in the Certification of Findings for the Boulevard Consumer Square development to accommodate a proposed Lowe’s store:

Section 6(k): Applicant is proposing an outdoor garden center (no outdoor or covered storage is permitted).

Section 6(n): Applicant is proposing a setback from the existing utility easement that is less than fifty (50) feet (a 50 foot setback is required).

The petitioner is Benderson Development Company, Inc., 570 Delaware Avenue, Buffalo, NY 14202.

The project is located at 1621 Niagara Falls Boulevard, Amherst, NY.

Contact: Eric W. Gillert, Planning Department, 5583 Main Street, Williamsville, NY 14221, phone: (716) 631-7051, fax: (716) 631-7153, E-mail:planning@amherst.ny.com.