ENB Region 1 Completed Applications 04/19/2006

The Department has made a tentative determination to approve this application for an average discharge of 9,900 GPD of wastewater to groundwater in conjunction with construction and operation of a new laundromat.  The discharge is located within a sole source aquifer, within a 3 mile radius of the SUffolk County Water Authority, Brentwood water district and Dix Hills Water District.  SCTM# 100-080-02-6 & 7

Chemical Pollution Control (CPC) is a commercial hazardous waste storage facility. The facility is a fully owned subsidiary of Philip Services Corporation, (PSC), 5151 San Felipe Rd., Ste. 1600, Houston, TX 77056. The parent company, Philip Services Corporation (PSC) is a national corporation that undertakes a wide range of industrial and environmental cleanup projects.  It is a leading provider of comprehensive environmental services in North America and Mexico. PSC provides hazardous waste disposal services, labpack services and specialty waste services. PSC also provides on-site waste disposal and recycling, cleaning of industrial equipment, transportation of commercial and industrial waste, and emergency response to spills.

CPC  is operating under a 6 NYCRR Part 373 permit issued on 2/13/1997. The permit’s term ended on 2/12/2002.  However, CPC submitted the renewal application as required in 6 NYCRR 373-1.8.  Pursuant to section 401(2) of the State Administrative Procedure Act (SAPA), when a permittee has submitted a timely and sufficient application for renewal of a permit for an activityof a continuing nature, the existing permit does not expire until the department has made a final decision on the renewal application.  Projects of a continuing nature are those involving an ongoing, operational activity. CPC submitted a timely and sufficient renewal application.  Therefore, CPC’s permit is extended until the Department makes a final decision on the renewal application. Currently  CPC is regulated by the Department under its SAPA-extended permit.

The general scope of CPC's operations is to receive or pick up hazardous waste and nonhazardous waste from schools, laboratories and a variety of industries for transhipment to off-site treatment and disposal facilities.  These wastes are picked up in drum lots or as bulk loads, primarily by CPC’s own transport vehicles by its trained drivers. CPC has 10 container storage areas and six storage tanks. CPC accepts halogenated and non-halogenated hydrocarbons, organic waste waters, acids, caustics, ignitable hazardous waste and  listed wastes for storage or consolidation in tanks. All wastes are shipped by CPC  to authorized off-site treatment and disposal facilities. Toxic, flammable, corrosive, and other various household wastes are accepted at CPC  from household hazardous waste collections.  Labpack wastes accepted at CPC for storage may be repackaged without opening the individual inner containers

CPC also treats photochemical waste fixer (spent silver bearing solution) on-site using stand-alone automated electrolysis units and passive filter units to recover metallic silver. CPC stores PCBs in containers for up to 10 days or less in compliance with 40 CFR 761 (TSCA) such that a separate TSCA storage facility permit is not required.  Specific storage requirements, procedure for consolidation in tanks and treatment processes are discussed in the draft permit.

The facility will be authorized for the storage of hazardous and non hazardous wastes as follows:

Storage of Nonhazardous waste containers

in storage Cell FS-1                                                            5,500    Gallons

Storage of  hazardous waste in Containers                49,644    Gallons    

Total hazardous and non hazardous waste

containers regulated under the 373 permit             55,144      Gallons

Total hazardous waste in Tanks        24,530     Gallons  [six above-ground tanks]

Containerized nonhazardous wastes may be managed along with containerized hazardous waste in the hazardous waste storage areas. Only to the extent of the available container storage capacity in each of the units, after the storage of hazardous waste, nonhazardous waste may be stored in these storage cells. The facility is permitted under the hazardous waste permit to store either of the wastes to the maximum storage capacity indicated above.

The facility has a separate non hazardous waste storage permit under 6 NYCRR 360 for storing  five 30 cu.yd roll-offs.

Corrective Action Requirements:    

                

Based on the results of the routine ground water monitoring conducted by CPC, hazardous constituents have been detected in the groundwater at concentrations exceeding New York State groundwater quality standards.  The draft permit stipulates CPC to conduct a RCRA Facility Investigation (RFI) at the facility and develop a detailed groundwater monitoring plan to determine the nature, rate and extent of contamination. The RFI will include periodic ground water monitoring for the same constituents detected in the groundwater and the drywells at the facility. The draft permit requires CPC to submit a Current Conditions Report (CCR) to DEC  for the Solid Waste Management Units within sixty (60) calendar days of the effective date of this Permit. Based on the RFI and CCR, Corrective action will be conducted as described in Module II of the draft permit.

The draft permit, the application and fact sheet are available for public review during normal business hours at:  New York State Department of Environmental Conservation, DEC Region 1 Office, Division of Environmental Permits, SUNY Campus, Circle Road, Bldg.40 Stony Brook NY 11790 - 2356, Contact Person: Mr. Mark Carrara, 631- 444 - 0365

Copies of the documents are also available at New York State Department of Environmental Conservation, Division of Solid and Hazardous Materials, Bureau of Hazardous Waste & Radiation  Management, 625 Broadway, Albany NY 12233, Contact Person: Isaac Natarajan, Telephone No: (518) 402- 8623.

Interested persons with reasonable concerns about the draft permit can raise all reasonably ascertainable issues and submit, in writing, all available arguments and factual grounds supporting their position to Mr. Mark Carrara at the above address before the last filing date. A mailing list will be maintained for this facility.  The public can submit a written request to the above contact person to be put on the mailing list.

In lieu of, or in addition to, the submission of comments as stated above, any interested person may request a Public Hearing.  Any request for a public hearing must be made in writing, stating the nature of the issues proposed to be raised in the hearing and submitted to the above-mentioned person no later than the last filing date.  

The applicant proposes to subdivide a parcel measuring approximately 60,817 square feet into two separate parcels measuring 29,854 and 30,963 square feet, respectively.  The larger lot is developed, containing a residence with decking, patios and an outbuilding. The smaller lot currently contains only a swimming pool, but it is proposed to construct a second residence.  The existing parcel lies entirely within the jurisdiction of Article 25.

The applicant proposes to subdivide a 2.1 acre parcel into 2 lots for single family dwellings.  One lot is currently developed.  The portion of each lot landward of the 10 foot elevation contour is beyond Tidal Wetlands jurisdiction.  The project is located at 22 Peconic Avenue, Shelter Island, Town of Shelter Island, Suffolk County, current SCTM# 0700-21-1-20.