ENB Region 8 Completed Applications 01/12/2005

The applicant proposes the removal of a 300' long x 40' wide  x 4' deep gravel bar, a 200' long x 20' wide x 4' deep gravel bar and a 150' long x 20' wide x 2' deep gravel bar near the junction of Canaseraga Creek and Stoney Brook. Additionally, the applicant proposes the placement of 250' of stone rip rap, and backfill, in an effort to realign an eroded segment of Canaseraga Creek.

Waste Management of New York LLC, acting as an agent for Monroe County, has submitted an application for renewal of the Title V Facility Permit for air pollution processes at the Monroe County - Mill Seat Landfill, located at 303 Brew Road  in the Town of Riga, Monroe County.

The Title V Facility Permit was originally issued December 13, 1999, and a minor modification was effective August 4, 2004 to reflect removal of several odor control flares and the installation of new flares.  No change in operations as authorized by the modified permit effective August 4, 2004 is proposed in the application for Title V Permit renewal.

Emission points at the landfill now include a 900-cfm open flare, a 3500-cfm enclosed flare,  4 candlestick flares at the vents of the leachate collection system for odor control, fugitive emissions from two 1.5 million gallon leachate storage tanks, and other exempt equipment.  This facility is subject to federal New Source Performance Standards in 40 CFR Part 60, Subpart WWW, since its design capacity exceeds 2,500,000 megagrams (metric tons) and 2,500,000 cubic meters.  It therefore meets the definition of a major stationary source specified in 6 NYCRR Part 201-6.1(a)(2), and is required to maintain a Title V Facility Permit as specified in 6 NYCRR Part 201-6.1(a).

In accordance with 6NYCRR Parts 621.5(d)(9) and 2016.4(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.