ENB Region 1 Completed Applications 01/14/2004

The applicant proposes to construct and operate a facility to process 350 tons per day of recyclable and non-putrescible materials primarily from construction and demolition (C&D) waste .  The proposed facility will process the material in an enclosed building and the material will ultimately be shipped to the appropriate recycling facility or disposal site.  The project is located on the east side of Swalm St., north of main street in the locality of  New cassel, Town of North Hempstead, Nassau County.

The Department has prepared a draft permit pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law (ECL) and Title V of the federal Clean Air Act Amendments, and has made tentative determination to approve this application to renew the applicant’s existing municipal waste combustor facility, consisting of two mass burn waterwall type municipal waste combustor units with nominal design capacity of 375 tons per day.  The changes to this renewal include removal of less stringent permit conditions which are superseded by 40CFR60 Subpart Cb requirements, and monitoring of  combustion temperature from 1500 degrees Fahrenheit at the last point of overfire air to 1800 degrees Fahrenheit at the combustion zone, as approved by the Department.

This permit renewal also contains a Department Initiated changes to correct inadvertent errors made in the MOD 1 version of the permit to include the NSPS mercury limits for municipal waste combustors and the appropriate carbon monoxide (CO) limit for mass burn waterwall combustors.

In accordance with 6NYCRR Parts 621.5(d)(9) and 201-6.4(c), the Administrator of the United States Environmental Protection Agency (USEPA) has the authority to bar issuance of any Title V Facility Permit if it is determined not to be in compliance with applicable requirements of the Clean Air Act or 6NYCRR Part 201.

Persons wishing to inspect the subject Title V files, including the application with all relevant supporting materials, the draft permit, and all other materials available to the DEC (the "permitting authority") that are relevant to this permitting decision should contact the DEC representative listed below.  It is recommended that an appointment be made to confirm the availability of the subject files.  The DEC will endeavor to make the files available within 2 business days of contact, during normal business hours (8:30 am through 4:45 pm), unless the requestor wishes to inspect the files at a later date.

DEC will evaluate the application and the comments received on it to determine whether to hold a public hearing.  A public hearing may be legislative or adjudicatory.  A legislative public hearing is a proceeding which provides an additional opportunity for public comment.  DEC's determination to hold a legislative public hearing will be based on whether a significant degree of public interest exists.   If a legislative public hearing is to be held, a Notice of Hearing will be published which will include the time and place of the hearing and submitting comments.   The applicant and all persons who  have filed comments on the permit will be notified by mail of the public hearing.  Comments and requests for a legislative public hearing should be in writing and addressed to the Department representative listed below.

An adjudicatory public hearing is a trial type proceeding which provides the opportunity for adjudication on the basis of evidence, including direct testimony and cross examination.  An adjudicatory hearing is held only if substantive and significant issues relating to any findings or determinations the Department is required to make pursuant to the Environmental Conservation Law exist.   A copy of the Department's permit hearing procedures is available upon request or on the Department web site at: http://www.dec.state.ny.us/website/ohms/gudph1.htm.

Applicant proposes to construct a single family dwelling, sanitary system and a 34' x 180' roadway with curb  in the adjacent area of BW-1 NYS Fresh water wetland. The property is located on 8 Colombo Drive, Deer Park, New York Town of Babylon.

The applicant proposes to elevate a single family dwelling, set on pilings, enlarge the structure, construct a second story addition 28 feet from the tidal wetland boundary, install a new septic system 67 feet from the tidal wetland boundary, remove a shed, remove a portion of decking, and establish a no-disturbance buffer area between the proposed development and the tidal wetlands.  A variance from the required 75 foot wetland setback has been requested for the proposed addition, a variance from the required 100 foot setback from the wetland has been requested for the septic system and a variance from the maximum 20% lot coverage has also been requested.  The parcel is located on Little Peconic Bay, which is considered NYSDEC regulated tidal wetlands. The project is located at:  71 Peconic Bay Avenue, Southampton, Suffolk County. SCTM# 900-32-01-24.