ENB Region 9 Completed Applications 06/28/2006

The applicant proposes to expand an existing sand and gravel mine by increasing the depth of a portion of the mine site on the Tri-James property by approximately 25 feet, creating a 3.2 acre pond.  The remainder of the site reclamation remains unchanged (agricultural and meadow).  Material will continue to be processed by a portable screen with a maximum capacity of 150 tons per hour.  The estimated life of the mine is 6 years. The site is located 1,200 feet north of Barnard Road and 1,000 feet east of Barnum Road, in the Town of Charlotte, Chautauqua County.

The Department has prepared a draft SPDES permit modification (NY0171361) and made a tentative determination to approve the discharge of up to 12,000 gallons per day of treated sanitary wastewater from a proposed on-site septic tank/sand filter wastewater treatment system that would discharge to a tributary of Lake Erie (E-46) with a Class and Standard of C. This new system designated as Outfall 009, will replace Outfalls 001 through 006 of the existing permit. Upon completion of the new system Outfalls 001 throuhg 006 will be deleted from the permit. The Department is seeking 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. In commenting, please refer to this application by application number and SPDES number listed in this notice. A draft permit and application materials are available for inspection at the Region 9 Office.

Great Lakes MDF LLC, located at 300 Commerce Drive, proposes to increase plant production levels which will exceed the previous cap limit for Formaldehyde and requires the company to obtain a Title V Permit to replace the existing State Facility Permit.  The existing control technology meets Best Available Control Technology and the new Maximum Achievable Control  Technology standards in 40CFR Part 63 - National Emission Standards for Hazardous Air Pollutants (NESHAP) for Plywood and Composite Wood Products (PCWP) Facilities. The major emission control device in the plant is a regenerative thermal oxidizer (RTO) which takes the emissions from both the two-stage flash tube dryer and the MDF board press and oxidizes them. Tests conducted for the RTO destruction efficiency and the hood collection efficiency show the overall efficiency of the system is in excess of 90%.

The Department has prepared a Draft Permit and has made a tentative determination to approve this application. 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 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 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 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.  The Draft Permit and Permit Review Report may be viewed and printed from the Department web site at: http://www.dec.state.ny.us/website/dar/boss/afs/index.html.

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 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.

The Town of Bennington is proposing to create the Town of Bennington Cowlesville Water District with installation of approximately 16,500 linear feet of 8 inch PVC water main, valves, hydrants, water meter vaults and appurtenances along a portion of Bullis Road, NYS Route 354 and the streets of the hamlet of Cowlesville, with new water services being installed for residents of the proposed Water District. The project will provide up to 48,000 gallons of water per day from the Erie County Water Authority via the Town of Marilla. This project will also involve the crossing of Cayuga Creek in the hamlet of Cowlesville.