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4-C's Development Corporation - Ruling 10, June 9, 1997

STATE OF NEW YORK : DEPARTMENT OF ENVIRONMENTAL CONSERVATION

In the Matter of

an Application for permits to operate and construct a
Construction and Demolition Debris (C&D) Landfill pursuant to
Environmental Conservation Law of the State of New York (ECL) Article 27 and Title 6 of the
Official Compilation of Codes, Rules and Regulations of
the State of New York (6 NYCRR) Part 360
in the Town of East Greenbush, Rensselaer County

- by -

4-C'S DEVELOPMENT CORPORATION
241 NORTH PEARL STREET
ALBANY, NY 12201

RULING: City's Motion dated June 6, 1997 concerning Potential Noise Impacts from Truck Traffic

DEC APPLICATION No.

4-3824-00045/00001-0

By letter dated June 6, 1997, the City of Rensselaer asked Acting Deputy Commissioner Dunstan to suspend the briefing schedule concerning the pending 4C's permit application, and to reopen the hearing to consider potential cumulative noise impacts from truck traffic on Partition Street in the City of Rensselaer. To date, I have not received any correspondence from the other Parties concerning the City's motion.

Although the City's motion concerns a topic already considered in the May 1, 1996 Interim Decision, the hearing record in this matter is not closed. Therefore, pursuant to 624.8(b)(1)(i), the ALJ has the power to rule on this motion. In addition, the City's assertion that new information exists, or may soon become available, places the matter before me.

Based on a letter dated May 15, 1997 by Region 4 Director, Carl Johnson, the Department Staff will require the operator of Valente #3/Dunn Pit to do the truck noise study outlined in its current mining permit. According to Director Johnson, the Department Staff may need to reconsider the current truck trip cap for the Valente operation after the study is completed. Given this development, the City wants the briefing schedule in the captioned matter suspended, and the hearing record re-opened to consider the potential cumulative noise impacts associated with truck traffic on Partition Street from existing operations at the Valente mining site and proposed operations at the 4C's site.

The City's motion to suspend the briefing schedule is denied.

With respect to the second element of the City's request for relief, the Parties are encouraged to respond to the City's motion in the closing briefs due on June 20, 1997, and the replies due on June 30, 1997. Of particular concern are the Parties' views with respect to Director Johnson's May 15, 1997 letter. With the closing brief, the Department Staff shall include a copy of the Valente permit condition concerning the truck noise study, and any other related materials that explain what the truck noise study is, and how Valente would be implementing this permit condition.

Based on the responses presented in the Parties' June 20 and June 30, 1997 filings, the Hearing Report will include a discussion about the City's motion. In addition, I will make a recommendation to Acting Deputy Commissioner Dunstan about what action, if any, should be taken with respect to re-opening the hearing to consider the potential cumulative noise impacts from truck traffic along Partition Street.

/s/
Daniel P. O'Connell
Administrative Law Judge

Dated Albany, New York
June 9, 1997

To: Michael J. Moore, Esq. FAX: 518-472-1774

David A. Engel, Esq. FAX: 518-427-0235

David Keehn, Esq. FAX: 518-357-2087

Roseann Quinn FAX: 518-479-0630

James E. Dering, Esq. FAX: 518-432-5221

Ken Dufty FAX: 518-270-2983

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