Syncor International Corp. - Interim Decision, September 18, 1997
Interim Decision, September 18, 1997
STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
50 Wolf Road
Albany, New York 12233-1010
In the Matter
- of the -
Application for permits to store and transfer regulated medical
waste and to discharge radioactive materials at a
radiopharmaceutical facility pursuant to Article 27, Title 7, and
Article 37 of the NYS Environmental Conservation Law (ECL) and
Parts 360 and 380 of Title 6 of the Official Compilation of Codes
Rules and Regulations of the State of New York (6 NYCRR) in the
Bronx by SYNCOR INTERNATIONAL CORPORATION
DEC Application Nos. 2-6005-123/1 and 2
INTERIM DECISION
September 18, 1997
INTERIM DECISION OF THE COMMISSIONER
This Interim Decision addresses is an appeal by Bronx Community Board No. 10 ("Board") from the August 6, 1997 Ruling of ALJ Daniel P. O'Connell in this matter. ALJ O'Connell's Ruling, made after a public legislative hearing and issues conference, concluded that there are no substantive and significant issues for adjudication. Based on the undisputed facts and on applicable regulations and guidances, he recommended that the applications of Syncor International Corporation ("Syncor") be remanded to Department Staff for further processing and permit issuance.
The Board objects. It asserts that the ALJ should have conducted an adjudicatory hearing on Syncor's past record, which the Board maintains demonstrates a history of non-compliance which justifies denial of the requested permits.
However review of the record in this matter and of the ALJ's thorough analysis shows that the Board's appeal lacks substance. The ALJ's recommended decision examines all of the asserted instances of non-compliance, and explains the Department's record of compliance enforcement guidance memorandum and the applicable facts amply justify issuance of the requested permits in this case.
The ALJ's ruling and recommended decision is adopted as the Commissioner's decision in this case.
Accordingly, the Board's appeal is dismissed. The application is remanded to Staff for further processing in accordance with the ALJ's recommendation.
For the New York State Department
of Environmental Conservation
/s/
By: John P. Cahill, Commissioner
Albany, New York
September 18, 1997
