ENB Region 3 Completed Applications 07/12/2006

The Town proposes to stabilize a section of stream bank of Rutgers Creek ( H-139-13-62, Class C-T ) adjacent to Ford Road.  Approximately 150 feet of embankment will be stabilized using a sheet pile retaining wall with backfill.  The work area is located approximately 500 feet south of Waterloo Road.

The applicant proposes to construct an approximately 3,000 suare foot office building and a stormwater detention basin within the 100 foot adjacent area of Freshwater Wetland WD-29 (Class: 2). As mitigation (for this work and disturbance of a total of 1.14 +/- acres of federal wetland) 0.12 acres of wetland will be created on-site. The location is on the south side of NYS Route 17-K just west of Route 208.

COMBINED NOTICE OF COMPLETE APPLICATION

AND

NOTICE OF INTENT TO DENY

DATE:        June 28, 2006    

APPLICANT:    ECO-BAT, New York, LLC

        65 Ballard Road

        Middletown, New York  10941

        and

        

        Revere Smelting & Refining Corp.,

        2777 Stemmons Freeway

        Dallas, Texas  75207

DEC APPLICATION NUMBER:    

DEC ID# 3-3352-00145-00043       

EPA ID # NYD030485288

PERMITS APPLIED FOR:    

Article 27, Title 9; 6NYCRR 373

                    

Hazardous Waste Management Facility Permit Renewal

PROJECT LOCATION:        

65 Ballard Road, Town of Wallkill, Orange County, NY

PROJECT DESCRIPTION:

On July 28, 1995 the Revere Smelting and Refining Corp. (RSR) facility received a 10-year permit to operate a secondary lead smelter which recycles approximately six million automobile and other lead-acid batteries per year.  The facility recovers lead, lead alloys and other products from the batteries for resale to manufacturers of new batteries and other products.  Operations at this facility are regulated under the Federal Resource Conservation and Recovery Act (RCRA) and under New York State Environmental Conservation Law (ECL) Article 27, Title 9 and 6NYCRR Part 373.   The facility includes a battery storage area and a containment building which are used for storage and processing of batteries and related materials.

NOTICE OF INTENT TO DENY THE PERMIT RENEWAL:

ECO-BAT New York, LLC and RSR applied for a permit renewal on January 31, 2005.  After five Notices of Incomplete Application and additional submittals and meetings with the Permittee applicant, the Department has determined that although the application is technically administratively complete, the applicant has not demonstrated compliance with the regulations and thus has not demonstrated adequate protection of the environment.  Specifically, the renewal application lacks sufficient proof of the integrity of the containment leak collection and detection system (called “the pan floor” system by the applicant) under the concrete floor of the Containment Building and the application lacks any sufficient plan to provide proof of the integrity.  The pan floor system must be able to prevent the release of hazardous waste and hazardous constituents to the environment.   The Department cannot renew the permit without adequate demonstration that the pan floor system is currently containing and can continue to contain and prevent hazardous waste from mixing with groundwater or migrating into the soil under the building.

Additionally, ECO-BAT New York, LLC, and RSR have not provided approvable Closure Plans and adequate financial assurance to guarantee the closure and cleanup of all contaminated soil under buildings at the site.  Staff has several other lesser concerns which are further explained in the previously referenced Notices of Incomplete Application.

DRAFT  PERMIT:  

A draft permit will not be prepared, based on the fact that the Department staff intends to deny this renewal application for the reasons stated herein.

DOCUMENT AVAILABILITY AND PUBLIC COMMENT:

Copies of the renewal application documents prepared by the applicant are available for review at:

     NYSDEC, Division of Solid and Hazardous Materials

     625 Broadway

    Albany, New York, 12233-7258.

        (Contact person for technical information: Paul Patel 518-402-8594)

and at the Department’s Region 3 Headquarters at:

           NYSDEC, Division of Environmental Permits    

    21 South Putt Corners Rd.

    New Paltz, New York 12561  

        (The Contact Person is Michael D. Merriman at 845-256-3165)

In accordance with Part 621.9(a)(2), the applicant has thirty (30) days from the date of this Notice to request an adjudicatory hearing, due to the fact that the Department intends to deny the renewal application.  All other persons may submit written comments or request a public hearing (or both) on the permit renewal no later than Monday, August 28, 2006.  Comments must be sent to:

    Michael D. Merriman

    NYSDEC, Division of Environmental Permits

    21 South Putt Corners Rd.

    New Paltz, New York 12561

The applicant proposes to operate a 28.37-acre sand and gravel mine within a 117.88-acre parcel of land located between of Albany Post Road and the Wallkill River, just south of the Town of Gardiner/Shawangunk Town line in the Town of Shawangunk.  An estimated 490,000 cubic yards of material would be removed over a period of approximately 10 years, depending on demand and operating conditions.  The material will be processed on site with a portable dry screen with a capacity of up to 130 tons per hour.  The immediate reclamation proposed is agricultural use, with potential for future development as low-density residential use, where allowable.

The applicant as developer of the Park Lane Subdivision has applied for a permit modification to develop residences  on existing lots A5, A6, A10, A11, B-1 and X-3 located on Forest Lake Drive.  All lots will require grading and construction within the 100 foot adjacent area of Freshwater Wetland G-8 ( Class 2 ) - Forest Lake.  No work will be done within the wetland itself.