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Ashland Chemical Inc - Hearing Report, June 22, 1994

Hearing Report, June 22, 1994

STATE OF NEW YORK : DEPARTMENT OF ENVIRONMENTAL CONSERVATION

In the Matter of

Application for Hazardous Waste Management Permit Renewal
pursuant to Environmental Conservation Law Article 27 and Title 6 of
the Official Compilation of Codes, Rules and Regulations of
the State of New York, Part 373 (Hazardous Waste Management Facilities)

- by -

ASHLAND CHEMICAL, INC.

HEARING REPORT AND ORDER OF DISPOSITION

DEC Project No.

7-0302-00068/7-0

PROCEEDINGS

Ashland Chemical, Inc. (Ashland or Applicant) applied for renewal of its Hazardous Waste Management Facility (HWMF) permit. Staff had no opposition to granting the permit, and has issued a renewal permit. Ashland objected to Special Condition 3 of the renewal permit, which states that, pursuant to Environmental Conservation Law (ECL) 3-0119, waste analysis should be done at laboratories approved by the New York State Department of Health, Environmental Laboratory Approval Program (ELAP). Ashland asserts that this requirement applies only to data which will be submitted to the Department, and not to analyses performed by Ashland in the course of their day to day operations. Applicant further asserts that the statute is intended only to apply to commercial laboratories, and not to on-site laboratories.

Staff referred the permit action to this Office for scheduling of a hearing on October 13, 1992. On November 18, 1992, a public hearing notice appeared in the Press & Sun Bulletin newspaper (Binghamton, New York) and in the Department's Environmental Notice Bulletin advertising a hearing on January 5, 1993. The hearing occurred as scheduled, at the City Council Chambers, Binghamton City Hall, Binghamton, New York.

In response to the hearing notice, no persons commented on the application, no members of the general public appeared at the hearing and no applications for party status were received.

Staff was represented at the hearing by Assistant Regional Attorney William Gallagher. Applicant was represented by the law firm of Sive, Paget & Riesel, Paul Casowitz, of counsel. Following opening of the record, Applicant and Staff conferred for some time off the record, then made a joint application to adjourn the issues conference without date so that the parties could explore possible settlement of the matter.

By Staff's letter dated December 9, 1993, the parties confirmed their agreement and settlement of the waste analysis issue described above. Enclosed with the letter was a revised waste management plan, which had been developed and accepted by the parties. Applicant requested, however, that this administrative matter be continued until such time as Staff prepared the revised permit, and Applicant reviewed and accepted that permit. By June 9, 1994, a revised permit had not been prepared by Staff because the parties were discussing a possible permit modification unrelated to the present matter. Therefore, by letter dated June 9, 1994 Applicant confirmed it has reached agreement with Staff as set forth in Staff's December 9, 1993 letter. By its letter, Applicant withdrew its request for hearing, without prejudice to renew, should the final permit for some reason not conform to the revised waste analysis plan enclosed with Staff's December 9, 1993 letter.

ORDER OF DISPOSITION

Since no member of the public sought party status in this proceeding and Applicant has withdrawn its request for hearing, no proposed issues for adjudication exist.

The Hazardous Waste Management Facility permit should be modified to incorporate the revised waste analysis plan enclosed with Staff's December 9, 1993 letter.

This matter is remanded to Staff for further processing and issuance of permits consistent with this Order.

/s/
By: Kevin J. Casutto
Administrative Law Judge

Dated: Albany, New York
June 22, 1994

TO: Paul Casowitz, Esq.
Sive, Paget & Riesel, P.C.
Attorneys at Law
460 Park Avenue
New York, New York 10022

William Gallagher, Esq.
Assistant Regional Attorney
N.Y.S. Department of Environmental
Conservation Region 7
615 Erie Boulevard West
Syracuse, New York 13204

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