ENB Region 3 Completed Applications 02/16/2005

The applicant proposes to expand an existing sand and gravel mine by approximately 12.4 acres to mine up to approximately 800,000 cubic yards of additional material.  The expansion area is located on the north side of Turtle Bay Road, approximately 0.5 mile east of the intersection with Lower Road (Orange Co. Rte. 12).  No on-site processing of material is proposed.  The proposed reclamation consists of 12.4 acres of grasslands, with potential residential use after completion of all mining and reclamation at the site.

USEPA ID No.:   NYD00070864

NYSDEC No.     3-3920-000116-00001

FACILITY:  Former Safety-Kleen Service Center, 98 N. Harrison Avenue, Congers, NY 10920

PROJECT BACKGROUND:     Safety-Kleen is an international service oriented company primarily engaged in recycling spent solvents used for degreasing automotive parts as well as other uses. The company offers to collect and reclaim used solvent, primarily from small quantity generators of hazardous wastes such as vehicle repair shops. The above referenced and leased Congers facility, a collection center, was in operation from 1970 to 1995and has since been closed.  

Safety-Kleen filed a Resource Conservation and Recovery Act (RCRA) Facility "Part-A" Permit Application with the United States Environmental Protection Agency (USEPA) and was granted Interim Status to operate a hazardous waste collection facility from the 98 N. Harrison Avenue, Congers, NY location.  Safety-Kleen subsequently submitted the required RCRA Facility "Part-B" Permit Application.  During the development of the follow-up RCRA Facility Part B Permit, the NYSDEC and Safety-Kleen identified several Areas of Concern (AOCs) and Solid Waste Management Units (SWMUs) on the site.  Safety-Kleen, under NYSDEC supervision, investigated them in order to determine if residual facility-specific compounds were present in site soils and groundwater.

Subsurface investigations of soils and groundwater were completed during the early 1990’s. The data showed that soil and groundwater at specific areas of the site were impacted with target compounds.  

After the Congers Facility stopped accepting solvents and closed, an Interim Remedial Strategy for the site (dated April 1995) was developed and implemented in accordance with NYSDEC approval.  The remedial system was in operation from December 1995 through March 1998 and was effective in mitigating the affected areas.  Based on the remedial system and groundwater quality data collected during remedial operations, NYSDEC agreed that Safety-Kleen could apply for permission to terminate the active site remediation on March 11, 1998.

STATUS of POST CLOSURE MONITORING:   A "Post-Closure Monitoring Permit" issued on November 23, 1998 requires Safety-Kleen to continue monitoring the site's groundwater quality until 2008, in accordance with the specific monitoring requirements detailed in the Facility’s Post Closure Permit’s Groundwater Monitoring Plan (dated June 1998).  However, in September 2002, Safety-Kleen completed three consecutive years of monitoring the site’s groundwater quality which showed that groundwater quality was in compliance with applicable New York State groundwater standards as defined in the Post-Closure Monitoring Permit.

NYSDEC requested that Safety-Kleen complete two (2) additional groundwater sampling rounds.   Specifically, the NYSDEC required that well GT-7R be sampled for target compounds, and the balance of the on-site monitoring wells gauged and monitored for field indicator parameters only.

Safety-Kleen complied the second of two supplemental monitoring rounds on September 29, 2003.  The supplemental results again indicated that site-target compounds were not detected above respective NYSDEC water quality standards.   Subsequently, NYSDEC agreed that Safety-Kleen could apply for a modification of their Post-Closure Monitoring Permit, to terminate groundwater monitoring.    

Based on the five years of monitoring data collected, the Department believes that the consistency of the groundwater quality data is such that it is reasonable to predict that future concentrations will not exceed those observed historically.  Given the historical data and the fact that the properties surrounding the Facility are supplied with public water, the Department has made it tentative determination that continued groundwater monitoring is no longer necessary.

TENTATIVE  DETERMINATION to TERMINATE  POST-CLOSURE MONITORING:  The purpose of the five-year post-closure monitoring program was to evaluate whether detectable levels of site target compounds would return following termination of active subsurface remediation.  Based on the groundwater data collected during the monitoring program, the NYSDEC has determined that the groundwater contamination has diminished to the point that the post-closure groundwater monitoring program is no longer necessary and previous remedial efforts have succeeded in establishing site conditions that are protective of human health and the environment. This determination is based on the following two Tables which are available from the contact person listed below:

        TABLE 1 "SITE TARGET COMPOUNDS"

        TABLE 2  "SUMMARY OF  SAMPLING 1994 TO 2003"

DOCUMENT AVAILABILITY:      Copies of all project documentation noted herein are available with Mr. Kent Johnson, NYSDEC, 625 Broadway - 9th Floor, Albany, NY 12233-7258. (Phone 1-518-402-8594, or E-Mail: kdjohnso@gw.dec.state.ny.us).

HOW TO PROVIDE YOUR COMMENTS:     All comments will be considered when making the final decision regarding termination of the post-closure monitoring program and termination of the permit that requires the monitoring program.  A Response to Comments will be issued which will describe and respond to the issues raised in any comments received, and will identify any changes to the proposed final decision on permit & monitoring termination. A Notice of the decision will be sent to each person who submits written comments or who requests such Notice.

Comments must be sent to Mr. Kent D. Johnson, NYSDEC, Division of Solid & Hazardous Materials, 625 Broadway - 9th Floor, Albany, NY 12233-7258 by the date listed at the end of this Notice.  In lieu of, or in addition to, the submission of comments as instructed above, any interested persons may also request a public hearing through the same contact person, Kent D. Johnson, at the address listed above.

The applicant has requested a permit for an existing surface discharge of 16,000 gallons per day (gpd) and a subsurface discharge of 750 gpd of treated sanitary wastewater from an existing 125 person summer bungalow colony known as Lipkowitz Bungalows, located on the east side of Old Route 17 in Ferndale.  This treated wastewater is discharged to Spring Brook, Index # D-10-27, Class B(t) during 3 months of the year.  At this time, no modifications to the site are proposed.

The Department has made a tentative determination to issue a State Pollutant Discharge Elimination System (SPDES) permit under Article 17 of the Environmental Conservation Law.  This tentative determination indicates that the discharge regulated under this statute is considered to satisfy regulatory standards for permit issuance, based on information available to the Department at this time.  The application and draft permit, containing NYS DEC proposed effluent limits and monitoring requirements, are available for public inspection at the NYS Department of Environmental Conservation, Region 3, New Paltz office.  As a tentative determination, the Department seeks comments on the proposed regulated activity prior to making a final decision on permit issuance.  As such, this tentative determination does not signify department approval for or endorsement of the activity for which a permit is sought.

Please refer to this application by the application number listed above and SPDES number: NY0271071.

The applicant proposes to construct an 8 foot wide by 50 foot long snowmobile bridge spanning a tributary to Maltby Hollow Brook (A.K.A. Wittenberg Brook), Index # H-171-P848-5-2-3, Class B(t).  Also proposed are: two 6 foot wide foot bridges, two large rock pool diggers, a utility conduit crossing, installation of 15 linear feet of stone steps along a curve of the streambank to access as a swimming hole, a 13 foot diameter stone terrace, two 24 foot diameter gazebos, and a 20 foot diameter fire pit, within 50 feet of the Maltby Hollow Brook, Index # H-171-P848-5-2, Class B(t).  These structures are accessory to a single family dwelling, currently under construction, at 935 Moon Haw Road.        

The Town has taken responsibility for this operating treatment facility whose permit has expired and has requested a permit for the existing surface discharge of 80,000 gallons per day(gpd) of treated sanitary wastewater from an existing 600 person, residential condominium complex.  The plant is known as Oakridge Wastewater Treatment Plant, located on Route123.  This treated wastewater is discharged year round to the Watershed of Trib 3 of Siscowet Reservoir, Class A.  At this time, no modifications to the existing site plan are proposed.  

The Department has made a tentative determination to issue a State Pollutant Discharge Elimination System (SPDES) permit under Article 17 of the Environmental Conservation Law.  This tentative determination indicates that the discharge regulated under this statute is considered to satisfy regulatory standards for permit issuance, based on information available to the Department at this time.  The application and draft permit, containing NYS Department of Environmental Conservation proposed effluent limits and monitoring requirements, are available for public inspection at the NYS DEC, Region 3, New Paltz office.  As a tentative determination, the Department seeks comments on the proposed regulated activity prior to making a final decision on permit issuance.  As such, this tentative determination does not signify department approval for or endorsement of the activity for which a permit is sought.

Please refer to this application by the application number listed above and SPDES number: NY0030767.

The applicants propose to excavate, grade and fill a portion of the 100 foot adjacent area of  Freshwater Wetland K-28 (Class II) in order to construct an in-ground swimming pool with retaining wall at their existing residence. The total area of disturbance to the adjacent area of the wetland is approximately 0.43 acre. No disturbance is proposed within the wetland.  The project is located at the southern terminus of Hidden Valley Way, 500 feet west of East Middle Patent Road  in the Town of North Castle, Westchester County.