ENB Region 4 Completed Applications 05/03/2006

The town of Colonie requests a modification of their Part 360 Solid Waste Management Facility permit to allow them to locate a Household Hazardous Waste Storage Facility at the town's landfill site on Route 9 (Loudon Road).  The new facility would consist of a self contained 8 foot by 20 foot by 9 foot steel building with an automated dry chemical fire suppression system and integrated secondary containment.  The building would be used to temporarily store hazardous wastes that are found and removed from the general waste stream during the screening process which is routinely conducted prior to waste disposal at the landfill.  The building would also be used to temporarily store hazardous wastes collected during residential Household Hazardous Waste Collection events, which are conducted by the town 4-6 times during the year.  Collected wastes are temporarily stored in the building until such time that they can be transported to an approved facility for disposal.

Applicant proposes to apply the aquatic herbicide Aquathol K to control curley leaf pond weed and the aquatic algaecide Copper Sulfate to control algae in Onderdonk Lake (Freshwater Wetland W-25) during the spring/summer of 2006.  Applicant is also requesting permission to continue these applications on an annual basis, as needed, for a period of three years.

The applicant is proposing to modify an existing groundwater discharge SPDES permit resulting in an increase in the total discharge from 9,000 gallons per day (gpd) via 7 subsurface outfalls to 30, 360 gpd via 11 subsurface outfalls.  The existing Mobile Home Park will increase by 89 units from 45 units to a total of 134 units. The park expansion is proposed to occur in five phases of building and the park expansion will be serviced by a total of four new pumping stations and four new subsurface treatment systems.  The facility is located at 155 Summerset Road in the Town of Stuyvesant, Columbia County. SPDES # NY 0268399.

The applicant proposes to modify an existing SPDES Permit by moving the current location of the treated process and wastewater outfall from a tributary to Thorp Creek, a class C stream, to Catskill Creek, a class C(T) stream. Minor modifications to the discharge limits in order to meet current standards are proposed to the existing outfall location, which will only be in operation during the construction of the new outfall location on Catskill Creek. In addition, Stiefel Laboratories, Inc. plans to construct a pump station located adjacent the existing wastewater treatment plant along with associated water piping and electrical conduit, which requires a Protection of Waters permit for stream disturbance. The Department has made a tentative determination to issue a permit for a State Pollutant Discharge Elimination System 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. Refer to this application by application number listed above and SPDES No. NY 019 1973.

The applicant proposes to treat Lake Elizabeth (15 acres) with copper sulfate during the summer season of 2006 to control algae growth.  The project is located at Lake Elizabeth, in the town of Grafton, Rensselaer County.

The applicant proposes to enhance an existing wetland area to create a 0.3 acre recreational pond, and utilizing the soils from the pond on his own property at 68 Higgins Road, in the Town of North Greenbush, Rensselaer County.  

The Department has proposed an Air State Facility Permit Modification for the application that was received for the Masick Pit located on Route 30, Town of Middleburgh, County of Schoharie, owned by Carver Sand & Gravel LLC, Altamont, New York.  The facility is involved with the mining and processing of aggregate (limestone) and uses some of the mined aggregate to produce bituminous concrete.  The facility includes equipment (crushers, screens, bins, and conveyors) used to mine and process aggregate into saleable stone as well as operating a hot mix asphalt plant.  This modification will allow for the continued operation of additional processing equipment. This equipment includes  a crusher and conveyers that have previously been installed. The installation of this equipment has been resolved under an Order on Consent. In addition to the equipment changes, the facility will also use waste oil A in the burner heating the stone for mixing with the asphalt as a means of energy resource recovery.  In order to continue to remain below the applicability threshold for Title V permitting, the applicant has proposed restricting the potential to emit through enforceable permit conditions which will limit or cap emissions at a level which is less than 100 tons per year for Carbon Monoxide.  The applicant has agreed to permit conditions which will limit Carbon Monoxide by restricting the hours the generators can operate and how much bituminous concrete the asphalt plants can produce.  The facility will be required to maintain records and report this data to verify compliance with permit conditions and limits.  Also, the facility will be required to maintain records of the quantity of oil received and their certifications meeting the definition of waste oil A. No increase in the hours of operation of the facility is proposed.

Persons wishing to inspect the subject Air State Facility 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 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 AM through 4:45 PM), unless the requester 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 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 exists.  A copy of the Department’s permit hearing procedures is available upon request or on the Department’s web site at:

The Air State Facility Permit, ID number 4-4338-00004/00007, is available for review at the Region 4 sub-office.  The contact person is Kent Sanders, NYSDEC, 65561 State Highway 10, Suite 1, Stamford NY 12167, telephone (607) 652-2564. Comments will be received for 30 days from the date of this notice.  If comments are received which raise significant issues or provide additional relevant information, the Department may modify the draft Air State Facility Permit.