ENB Region 4 Completed Applications 06/22/2005

The Department has received an Air Title V (ATV) permit application from Innovative Energy Systems, Inc. of Oakfield, NY to construct a landfill gas to energy facility to be located at the Town of Colonie Landfill.  The facility will utilize methane gas recovered from the landfill as fuel to operate four internal combustion engine-generators, each capable of producing up to 1.6 megawatts or electricity per hour for sale on the open market.  The facility would emit air emissions consisting of oxides of nitrogen, carbon monoxide, particulates, water and heat.  Additional wastes produced from the gas scrubbing unit would be routed to the landfill's existing leachate collection system.

The Department will receive comments on this permit application for 30 days from the date of this notice.  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 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’s wed site at: http://www.dec.state.ny.us/website/ohms/gudph1.htm.

Persons wishing to inspect the subject permit 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 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 two business days of contact, during normal business hours (8:30 a.m. through 4:45 p.m.), unless the requester wishes to inspect the files at a later date.

Applicant proposes to apply the aquatic herbicide Aquathol K to control curley leaf pond weed and Copper Sulfate to control algae in Onderdonk Lake (FWW W-25) during the summer of 2005.  Applicant is also requesting permission to continue these applications on an annual basis, as needed, for a period of five years.

The applicant proposes to modify an existing SPDES permit to replace an existing subsurface discharge of sanitary and process wastewater with a surface sand filter system due to construction of treatment facilities for Outfall 006.  The Department has made a tentative determination to issue a permit for 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.  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 or for the overall proposed project.  A draft permit is available for inspection and comment at the Region 4 office.

The applicant proposes to construct an 8' wide access trail to Goodyear Lake in the adjacent area of Freshwater Wetland MI-8. The project also includes the grading of a 45' by 10' earthen pad and placement of a preconstructed storage shed within the wetland adjacent area.

The applicant proposes to increase their permitted discharge of treated sanitary waste to 1.5 mgd from the Hoosick  Falls Wastewater Treatment Plant as part of the facility upgrade.  The Department has made a tentative determination to issue a permit for 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.  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 or for the overall proposed project.  A draft permit is available for inspection and comment at the Region 4 office.