ENB Region 3 Completed Applications 03/08/2006

    The Department has prepared a revised Draft Title V Permit Modification 3 pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law and Title V of the federal Clean Air Act Amendments for the Al Turi Landfill & LFGTE facility located in Goshen, Orange County, New York.

    Draft Title V Permit Modification 3 was originally published within the Environmental Notice Bulletin November 2, 2005.  This revised modification 3 incorporate changes discussed with USEPA January 19, 2006, February 13, 2006 and February 14, 2006 and changes discussed with facility representatives.  Revisions include:

    By acceptance of this permit, AL Turi Landfill, Inc. agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified and any Special Conditions included as part of this permit.

    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 applications and USEPA documents 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 two (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 comments received on the revised conditions contained within Draft Title V Permit modification 3 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 .