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General Electric Silicones (Waterford) - Summary Hearing Report, December 23, 1998

Summary Hearing Report, December 23, 1998

STATE OF NEW YORK : DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Office of Hearings and Mediation Services
50 Wolf Road
Albany, New York 12233-1550
Tel. 518 457-3468

In the Matter

of

the proposed renewal of the site permit,

Application # 5-4154-00020/00357,

for the HAZARDOUS WASTE MANAGEMENT FACILITY SITE at General Electric Silicones
260 Hudson River Road
Town of Waterford, Saratoga County

SUMMARY HEARING REPORT

- by -

Francis W. Serbent

Administrative Law Judge

December 23, 1998

PROCEEDINGS

On October 21, 1993, General Electric Silicones, through its Office of Environmental Health & Safety, submitted an application to the New York State Department of Environmental Conservation ("Department") for renewal of its Hazardous Waste Management Permit at 260 Hudson River Road, Town of Waterford, Saratoga County, application #5-4154-00002/00357. General Electric Silicones operates a landfill, twenty (20) storage tanks, three incinerators, [one primary, one back-up and one to be decommissioned] and two container storage areas, [a drum storage pad and a feed pad for the rotary kiln incinerator].

These proceedings are held according to the Environmental Conservation Law ("ECL") Article 1 General Provisions; Article 3 General Functions, Powers, Duties and Jurisdiction; Article 8 Environmental Quality Review; Article 27 Title 9 Industrial Hazardous Waste Management and Article 70 Uniform Procedures; also Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York ("6 NYCRR") Part 373 Hazardous Waste Management Facilities, Part 617 State Environmental Quality Review, Part 621 Uniform Procedures and Part 624 Permit Hearing Procedures.

A Notice Of Complete Application, Notice of Availability of a Draft 6 NYCRR Part 373 Permit, Notice of Public Comment Period and Notice of Public Availability Session (collectively the "Notice") was published in The RECORD in Troy on March 24, 1998 with proof of publication filed and in the Schenectady Daily Gazette on March 25, 1998 with proof of publication filed. The Department Staff ("Staff") caused a Notice of Complete Application to be published in the Environmental Notice Bulletin ("ENB") edition of March 25, 1998 that advised, among other things, the availability to the public of a Permit Renewal Fact Sheet ("Fact Sheet"). Also on March 25, 1998 the Notice was the subject of two sixty second radio broadcast announcements made at both radio stations WGY-AM and WGNA-AM/FM with affidavits of the broadcasts filed. The Fact Sheet was mailed to those listed at sixty-two addresses on the General Electric Silicones public mailing list.

In response to the above Notice, a request for a public hearing was made and accordingly Staff determined to schedule a public hearing. A Notice of Public Hearing dated June 15, 1998 was prepared for distribution and publication. The Notice of Public Hearing was published on June 19, 1998 in The RECORD of Troy with proof of publication filed and on June 21, 1998 in the Schenectady Daily Gazette with proof of publication filed. The Notice of Public Hearing was also published in the June 24, 1998 edition of the Department's Environmental Notice Bulletin

A legislative hearing for the receipt of public statements on the application for a permit renewal was held as scheduled on July 21, 1998 at 10:00 AM in the Waterford Civic Center/Senior Citizens Center, 35 3rd Street, Waterford, Saratoga County before Administrative Law Judge ("ALJ") Francis W. Serbent, PE. There were two people who made statements (for the Applicant and for the Staff). No one else responded to the call for statements. However, a resident living near the Applicant's facility had questions and the start of the pre-hearing issues conference was delayed to allow Mr. Michael A. O'Connor of 11 Roberts Road, Waterford to question both the Applicant and Staff in anticipation of developing or resolving his potential issue. The pre-hearing issues conference followed the legislative session. There are no filings for party status and no proposed issues were identified by mail or in response to the call for proposed issues at the pre-hearing conference. Both the Applicant and Staff sought a technical conference to resolve potential issues and the pre-hearing conference was adjourned for that purpose.

On December 15, 1998 Staff advised this office that General Electric Silicones would accept the draft permit as clarified with minor revisions developed during the technical conference.

STATEMENTS SUMMARY

GENERAL ELECTRIC SILICONES was represented by THAD P. LESTER, Manager of Environmental Health and Safety. He presented a chronology of the development of the renewal application and the program activities on site.

THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION was represented by BRUCE TERBUSH from the Division of Solid and Hazardous Materials. He described the permit renewal process and the content of the draft permit including the attachments.

RECOMMENDATION

Absent issues for adjudication, the matter is returned to Staff for their continued processing towards the issuance of the renewed permit.

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