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South County Sewer Corporation (Sterling Forest) - Ruling 4, July 27, 1995

Ruling 4, July 27, 1995

STATE OF NEW YORK : DEPARTMENT OF ENVIRONMENTAL CONSERVATION

In the Matter of the Application for State Pollutant Discharge Elimination
System (SPDES) permits pursuant to Environmental Conservation Law of the
State of New York (ECL) Article 17 and Title 6 of the Official Compilation
of Codes, Rules and Regulations of the State of New York (6 NYCRR) Parts 750
et seq. as part of a planned community development on a 17,505 acre site located
within the Towns of Monroe, Tuxedo and Warwick, Orange County, by

SOUTH COUNTY SEWER CORPORATION
PO Box 803
Tuxedo, New York 10987

STERLING FOREST

RULING

DEC APPLICATION NOS. 3-3350-00049/00001-0 and 3-3350-00027/00001-0

By letter dated July 21, 1995, Bruce Carpenter, Executive Director of New York Rivers United requested a waiver of the July 17, 1995 date for filing its petition for full party status in the captioned matter. In his letter, Mr. Carpenter acknowledged that the filing date was July 17, 1995. Mr. Carpenter, however, did not explain why it requested the waiver after the filing deadline passed. A copy of NYRU's request is attached to this ruling.

I deny NYRU's request for a waiver. First, NYRU's July 21, 1995 request is untimely because it was made after the July 17, 1995 filing date. Second, granting NYRU's request for a waiver would be inherently unfair to those persons and groups who met the July 17, 1995 filing date.

This ruling does not prohibit NYRU from filing a late petition for full party status as provided by 624.5(c). NYRU is hereby put on notice that if it intends to participate in the Issues Conference, its petition must meet all the criteria outlined in 6 NYCRR 624.5(c). Upon request, I will provide NYRU with a copy of 6 NYCRR Part 624 (Permit Hearing Procedures).

________/s/_____________
Daniel P. O'Connell
Administrative Law Judge

Dated: Albany, New York
July 27, 1995

To: Service List dated July 27, 1995

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