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Pride Solvents and Chemical Company - Summary Hearing Report, May 23, 1995

Summary Hearing Report, May 23, 1995

STATE OF NEW YORK : DEPARTMENT OF ENVIRONMENTAL CONSERVATION

In the Matter
- of -
the Application of Pride Solvents and Chemical Co., Inc.
for a permit to operate a hazardous waste management facility at:

78-88 Lamar Street,
West Babylon, Suffolk County

SUMMARY HEARING REPORT

DEC Project No. 1-4720-00299/00002-0

Brief Project Description

Pursuant to a notice dated April 7, 1995, a public hearing was held on May 19, 1995, concerning the application of Pride Solvents and Chemical Co., Inc., for permits to operate a hazardous waste management facility at 78-88 Lamar Street, West Babylon, Suffolk County.

Pride Solvents and Chemical Co. ("the Applicant") is seeking permits for an existing facility which stores and recycles hazardous waste solvents generated by metal finishing and electronics firms as well as a variety of industries and commercial businesses. These hazardous wastes are generated off-site and are shipped and stored in 55-gallon containers at the facility before being reclaimed in the facility's distillation unit.

Permits Requested

Pursuant to Article 27, Title 9, of the Environmental Conservation Law ("ECL") and Part 373 of Title 6 of New York's Compilation of Codes, Rules and Regulations ("6 NYCRR Part 373"), the Applicant requests from the Department of Environmental Conservation ("the Department" or "DEC") a permit to operate a hazardous waste management facility. In addition, the Applicant requests from the U.S. Environmental Protection Agency ("EPA") a federal Hazardous and Solid Waste Amendments ("HSWA") permit.

Storage and recycling of hazardous waste at this facility is presently authorized under a Resource Conservation and Recovery Act ("RCRA") Part "B" permit.

Prior Proceedings

Earlier proceedings in this matter - - culminating in an Interim Decision of the Commissioner dated September 9, 1993 - - concerned the Applicant's request for a variance from the liability requirements of 6 NYCRR 373-2.8(h). A hearing on this request was averted when the Applicant secured an insurance certificate which Staff found would satisfy these requirements.

The variance request having been withdrawn, Staff then prepared and took comments on a combined draft Part 373 and HSWA permit. A permit condition addressing corrective action for off-site contamination was negotiated with the Applicant, and the matter was rescheduled for public comment and an opportunity to raise issues bearing on permit issuance.

Notice Publication

The April 7, 1995 public hearing notice was published in the Department's Environmental Notice Bulletin on April 19, 1995. On that same date it was published as a legal notice in South Bay's Newspaper, a weekly that is circulated in the area of the facility. At the time of its release, the notice was sent to local officials, including the Town of Babylon Environmental Conservation Commission, which had previously requested (and received) a copy of the draft permit.

Legislative Hearing

As announced in the notice, a legislative hearing was held at 10 a.m. on May 19, 1995, to receive public comments on the permit application and the combined draft Part 373 and HSWA permit. The hearing was held at the law offices of Robert Del Gadio in EAB Plaza, Uniondale. Mr. Del Gadio is the Applicant's attorney.

No members of the public appeared or offered oral statements at the legislative hearing. As the Administrative Law Judge assigned to this matter, I received no written comments before or at the hearing session.

Issues Conference

Also as announced in the hearing notice, an issues conference was held immediately after the legislative hearing. Appearing at this conference on behalf of DEC Staff was Benjamin A. Conlon of the Department's Division of Environmental Enforcement. Appearing for the Applicant was David W. Denenberg, Esq., of Mr. Del Gadio's office.

The purpose of the conference was to narrow and define what issues concerning the permit application and draft permit would require adjudication. At the conference DEC Staff said that the proposed project would meet all applicable state requirements if carried out in accordance with the draft permit it had prepared. (This two-volume permit was marked as hearing exhibits 5-A and 5-B.) The Applicant indicated its agreement with all permit terms, including Special Condition No. 7, which had been the subject of negotiations. No issues were proposed by either DEC Staff or the Applicant.

The issues conference was also scheduled to entertain petitions for party status by members of the interested public. No petitions were received prior to the filing deadline and no late filings were presented at the conference itself.

Subject to the Applicant's confirming the size of a settling tank (for the purpose of identifying it in the final permit) Staff is prepared to issue its draft permit as authority for the facility's continued operation.

Order of Disposition

No issues having been proposed for adjudication, this matter is remanded to DEC Staff for final permit issuance.

_____________/s/_____________
Edward Buhrmaster

Administrative Law Judge

Dated: May 23, 1995

TO: Benjamin A. Conlon, Esq.
Division of Environmental Enforcement
NYSDEC - Room 609
50 Wolf Road
Albany, New York 12233

David W. Denenberg, Esq.
Law Offices of Robert G. Del Gadio
EAB Plaza
Uniondale, New York 11556-0150

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