ENB - REGION 9 NOTICES

Completed Applications
Consolidated SPDES Renewals

Notice of Public Scoping Session

New York State Department of Environmental Conservation
CWM Chemical Services, LLC
Proposed Residuals Management Unit 2 (RMU-2) Landfill

MEETING DATE: Wednesday, July 26, 2006 at 2:00 P.M., and at 6:30 P.M.

LOCATION: Lewiston-Porter Central Schools, Senior High School Auditorium
4135 Creek Road, Youngstown, New York 14174

The New York State Department of Environmental Conservation (DEC), as Lead Agency pursuant to Part 617 of the State regulations for Article 8, the State Environmental Quality Review (SEQR) Act of the Environmental Conservation Law, has scheduled a public meeting for the purpose of determining the scope of the Draft Environmental Impact Statement (DEIS) to be prepared for the proposed action described in this notice. The DEC has determined that the project will have a significant effect on the environment and has issued a SEQR Positive Declaration requiring the applicant to prepare a DEIS.

APPLICANT: CWM Chemical Services, LLC (CWM)
1550 Balmer Road
Model City, New York 14107

STATE AND LOCAL PERMITS/APPROVALS REQUIRED FOR THE PROJECT:

Industrial Hazardous Waste Management Permit (DEC)
Air Pollution Control Permit (DEC)
State Pollutant Discharge Elimination System Permit (DEC)
401 Water Quality Certification (DEC)
Excavation and Development Permit (Town of Porter)
Building Permits (Town of Porter)
Site Plan Approval (Town of Porter)
Site Soil Monitoring and Management Plan (NYS Department of Health & DEC)

PROJECT DESCRIPTION: The project sponsor, CWM, proposes to site/construct/operate a 50 acre landfill to be designated as Residual Management Unit - Two (RMU-2) for disposal of an estimated 3,976,100 cubic yards of hazardous and industrial non-hazardous waste. The proposed landfill expansion project would include the construction of primary and secondary liners, and independent primary and secondary leachate collection and pumping systems. A perimeter berm would surround the proposed landfill to control stormwater run-on and run-off and a final cover system would be constructed over the waste. In order to accommodate the proposed landfill expansion, the existing on-site Empty Trailer Parking Area, Full Trailer Parking Area, Emergency Response Garage, Heavy Equipment and Facility Maintenance/Rolloff Repair Building and Meteorological Tower and Drum Management Building will be relocated or replaced at other locations within CWMís Model City Facility.

PROJECT LOCATION: The CWM Model City Facility is located along Balmer Road, 1.9 miles east of the intersection of Balmer Road and Creek Road (NYS Route 18) in the Town of Porter, Niagara County. The proposed RMU-2 Landfill will be located adjacent to the western edge of the existing RMU-1 Landfill at the Model City Facility.

MEETING PURPOSE: The purpose of ďscopingĒ is to focus the DEIS on potentially significant adverse impacts and to eliminate consideration of those impacts that are irrelevant or non-significant. Some environmental impacts to be considered for evaluation in the DEIS are identified in the Departmentís Positive Declaration and in the project Sponsorís (CWMís) Draft Scoping Document. Scoping will help to ensure that this DEIS is a comprehensive, accurate and complete document, adequate for public review and which properly evaluates the environmental impacts which may occur if the proposed landfill expansion is approved.

PUBLIC MEETING: Two public/agency scoping sessions will be held on Wednesday, July 26, 2006 at 2:00 P.M., and at 6:30 P.M.. at the Lewiston-Porter Central Schools, Senior High School Auditorium, 4135 Creek Road, Youngstown, New York. Statements from local government officials, legislators, interested and involved agencies, and the public will be heard after a DEC Staff Statement is read into the record and the applicant gives a brief presentation detailing the proposed project. A stenographic record of the meeting will be prepared. Written statements will also be accepted until August 7, 2006 at the DEC Buffalo Office address at the end of this notice.

AVAILABILITY OF INFORMATION: The application file may be reviewed by appointment at the DEC Buffalo Office. In addition, the applicant (CWM) has provided a Draft Scoping Document containing a summary of the SEQR process, including scoping, the project proposal and some potential environmental impacts. The applicants (CWMís) Draft Scoping Document has not been approved by the DEC. It is being presented at this time for public review and comment. Copies of this Draft Scoping Document will be mailed to involved and interested agencies. The Draft Scoping Document can be reviewed or obtained on or after June 19, 2006 from the following web site which DEC has set up for information specific to the proposed RMU-2 landfill at the CWM Model City facility: www.dec.state.ny.us/website/dshm/hzwstman/cwmrmu2.html.

The Draft Scoping Document can also be obtained from the following web site set up by CWM: www.cwmlandfill.com

In addition, the document may be reviewed at the Town of Porter Town Hall, 3265 Creek Road, Youngstown; Town of Lewiston Town Hall, 1375 Ridge Road, Lewiston; Youngstown Free Library, 240 Lockport Street, Youngstown; Ransomville Free Library, 3733 Ransomville Road, Ransomville; Lewiston Public Library, 305 Eighth Street, Lewiston; Earl W. Brydges Public Library, 1425 Main Street, Niagara Falls; and at the DECís Buffalo Office (address at end of this notice). Anyone who plans to participate in the scoping meeting by providing comment is urged to review a copy of this document prior to the meeting.

The scoping meeting location is reasonably accessible to persons with a mobility impairment. Interpreter services will also be made available to deaf persons, at no charge, upon written request to the Contact Person named at the end of this notice, within one week prior to the meeting, pursuant to Section 202(1) of the State Administrative Procedures Act.

All persons having an interest in this project are urged to attend or be represented either individually or collectively.

Contact: Steven J. Doleski, Regional Permit Administrator, New York State Department of Environmental Conservation, 270 Michigan Avenue, Buffalo, New York 14203-7165, phone: (716) 851-7165.


Negative Declaration

Chautauqua County - The Town of Dunkirk, as lead agency, has determined that the proposed Comprehensive Town Water District Formation and Water Supply Permit will not have a significant adverse environmental impact. The action involves the creation of the Comprehensive Town Water District encompassing within its boundaries approximately 1,730 acres of land and the taking of water supply from the City of Dunkirk in the amount of up to 75,000 gallons per day. A generic review of water main construction will be evaluated with this action.

Contact: Richard Purol, town of Dunkirk, 4737 Willow Road, P. O. Box 850, Dunkirk, NY 14048, phone: (716) 366-3967.