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Pete Drown, Inc. - Ruling 2, March 9, 1994

Ruling, March 9, 1994

STATE OF NEW YORK : DEPARTMENT OF ENVIRONMENTAL CONSERVATION

In the Matter of

the applications for permits to construct and operate a solid waste incinerator
in the Town of Ellenburg pursuant to
the Environmental Conservation Law Articles 19 (Air Pollution Control) and 27 (Solid Waste),

- by -

PETE DROWN, INC.
13 Cemetery Lane
Ellenburg Depot, NY 12935

Applicant

Memorandum #24 RULINGS
on
ADDITIONAL ISSUES

#s 5-0936-00019/1 through 4

The Commissioner's Interim Decision of January 27, 1994 ("Interim Decision") concludes that a hearing should be held regarding the use of an activated carbon phase in the treatment of air emissions for pollution control. The Staff proposes a permit condition requiring such treatment. The Applicant has accepted the proposed permit condition to resolve the issue.

The Staff also proposes revised language in the special conditions in the draft permit in accordance with the Interim Decision.

There are no outstanding issues remaining on the applications. Absent appeals to this ruling, the applications are hereby scheduled to be remanded to Staff on March 28, 1994 for continued processing towards permit issuance.

Please be advised that the issue ruling of the ALJ may be appealed in writing to the Commissioner pursuant to 6 NYCRR 624.6(d), with copy to the ALJ. In order to allow reasonable time for your consideration, appeals will be received until the close of business on March 25, 1994.

Thank you.

_____________/s/_____________
Francis W. Serbent
Administrative Law Judge ("ALJ")

Dated: March 9, 1994
Albany NY

cc: mailing list w/2 encs.
enc. #1. Staff's correspondence
to the ALJ dated March 3, 1994
enc. #2. Applicant's correspondence
to the ALJ dated March 8, 1994.

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