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Hyland Facility Associates - Ruling 2, November 17, 1992

Ruling 2, November 17, 1992

STATE OF NEW YORK : DEPARTMENT OF ENVIRONMENTAL CONSERVATION

In the Matter of

the Application of HYLAND FACILITY ASSOCIATES for Permits Construct and Operate
an Incinerator Ash Monofill pursuant to Parts 360 and 420 through 423 of Title 6
of the Official Compilation of Codes, Rules and Regulations of the State of New York

RULING

November 17, 1992

DEC Application No. 9-0232-3/1-0

At the hearing, on November 13, 1992, the Applicant presented a table which was received as Exhibit 111 and which was the subject of testimony on that date. Concerned Citizens of Allegany County ("CCAC") asked that the Applicant furnish the input data which was used to produce Exhibit 111, in order to allow CCAC to verify the conclusions which are shown in the table. The Applicant refused to provide this input and stated that the request was improper discovery since it was being requested during the course of the hearing. The Applicant also stated that CCAC itself could digitize the information in the application in order to check the results shown in Exhibit 111. Mr. Leydecker had testified that the persons preparing the table had digitized information which was in Exhibit 38, the set of drawings which accompanied the application. CCAC stated that it would have been impossible to request the information earlier.

Ruling: The Applicant is to provide to CCAC a copy of the input which was used to generate the numbers which are shown in Exhibit 111.

On November 13, 1992, Mr. West asked that I arrange a conference call to discuss the procedure for providing this information, if I were to rule that the Applicant is required to provide it. I plan to speak with Mr. West and Mr. Seeger by telephone conference call this afternoon, if possible, on this subject.

For the New York State Department
of Environmental Conservation

_____________/s/_____________
Susan J. DuBois
Administrative Law Judge

Dated: Albany, New York
November 17, 1992

To: All Persons on 11/17/92 Service List
(by fax where available and by mail)

Encl.: Revised service list enclosed with mailed copies

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