ENB Region 8 Completed Applications 04/06/2005

Chemung County has submitted an application for the renewal of the Title V Facility Permit for air pollution processes at the Chemung County Landfill located at 4349 County Route 60 in the Town of Chemung, Chemung County.

The Title V Facility Permit was originally issued January 27, 2000.  A minor modification was effective April 16, 2001 to authorize the addition of a self-contained passive open flare connected to the perimeter leachate/gas collection line of the closed, unlined Area 3 Landfill, relocation of a gas flare and changes to emission point and emission source identifiers.  A second minor modification was effective May 5, 2004 to authorize the addition of 6 candlestick flares, changes to emission source identifiers and addition of emission sources.  No change in operations as authorized by the modified permit effective May 5, 2004 is proposed in the application for Title V Permit renewal.

Emission points at the landfill now include 8 candlestick flares and fugitive emissions from the landfill and the leachate collection pond.  The facility is currently subject to Title V permitting requirements due to the applicability of 6 NYCRR Part 208.3(b).

The Draft Title V Facility permit may be viewed or downloaded as a pdf file at: http://www.dec.state.ny.us/website/dardata/boss/afs/draft_atv.html

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:

The Department has received an application for the discharge of 65,000 gallons per day of treated sanitary wastewater to Canaseraga Creek, a Class C waterbody from a proposed treatment plant to be located west of NYS Route 63, just north of old NYS Route 258. This project also involves the installation of approximately 12,000 linear feet of 8 inch gravity sewer main and 2000 linear feet of force main and 3 lift stations.

The Department has made a tentative determination to approve this application.  As a tentative determination, the Department seeks public comment on the proposed regulated activity prior to making a final decision on permit issuance.  A draft permit is available for review.

The Department has received an application for the discharge of 500 gallons per day of treated sanitary wastewater to Lake Ontario, a class A waterbody.  The applicant plans to replace an existing septic tank and leach line with an aerobic treatment unit and a leach bed on property located on End Street in the Town of Carlton.  This project will also involve a coastal erosion permit as the discharge pipe will cross the Coastal Erosion Hazard Area Natural Protective Feature boundary.  The Department has made a tentative determination to approve this application.  As a tentative determination, the Department seeks comments on the proposed regulated activity prior to making a final decision on permit issuance.  A draft permit is available for review.

The Applicant proposes to operate a clay and earthen fill mine on property owned by Stephen and Douglas Howard.  The mine was previously operated under permit by O&H Contracting, Inc.  The mine will operate as a surface extraction of the Brockport silty clay loams which are the predominate soil types on the site.  Unprocessed, excavated clay and fill material will be loaded directly onto trucks and transported to the McKenna Landfill remediation project.  Reclamation will be to an open water pond.  The area to be affected by mining is approximately 8.5 acres.  The mine site is located west of the hamlet of Fancher, south of State Rt.31 at the Hindsburg Rd. intersection.