4-C's Development Corporation - Ruling 5, July 19, 1996
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 ON MOTION FOR H2S BASELINE STUDY
DEC APPLICATION No.
By letter dated June 14, 1996, CAN DO demanded that the Applicant undertake a baseline epidemiological study of the residents and residences located within a one-quarter mile radius of the proposed Landfill. According to CAN DO, the purpose of the study is to identify all pre-existing sources of H2S near the Facility. With the baseline study in place, CAN DO argued that any question about the source of adverse health impacts could be easily answered if the Facility started to generate H2S gas in the future.
In a letter dated June 20, 1996, the Applicant refused to do the study proposed by CAN DO. The Applicant argued there is no legal authority to require the study.
CAN DO's letter dated June 26, 1996 asked me to direct the Applicant to undertake the baseline epidemiological study. RCEMC expressed its support for CAN DO's request in a letter dated June 27, 1996. To date, I have not received any comments from the other Parties about CAN DO's proposal.
Ruling: CAN DO did not refer to, nor could I find, any legal authority that expressly requires the Applicant to undertake the requested study. Sections 360-1.14(m) and (w) require the Applicant to control odors so they do not become a nuisance, or hazards to health or property. It cannot be inferred from these regulations, however, that the Applicant must identify any pre-existing sources of H2S to comply with these requirements. Absent such authority, I deny CAN DO's motion to direct the Applicant to undertake an H2S baseline study.
Daniel P. O'Connell
Administrative Law Judge
Dated: Albany, New York July 19, 1996
To: Service List dated June 12, 1996