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For Release: Wednesday, July 2, 2014

DEC Announces Proposed Renewal of Hazardous Waste Management Permit

for Eastman Kodak Company and Recycled Energy Development

DEC Accepting Public Comments on the Draft Permit Through Sept. 2

A draft hazardous waste management permit for Kodak and Recycled Energy Development (RED) is available for public review and comment through Sept. 2, the State Department of Environmental Conservation (DEC) announced today.

Eastman Business Park (EBP), located in the city of Rochester and town of Greece, currently has two hazardous waste management operations: a multiple hearth incinerator (MHI) used to incinerate sludge from the Kings Landing Wastewater Treatment Plant, and a tank system at Building 322 for hazardous waste storage. The draft permit and related documents for Eastman Business Park (Kodak) are available for public review and comment on DEC's website. DEC will carefully consider all comments received before making a final determination on the permit.

In 2013, DEC modified the existing hazardous waste management permit to add RED as an operator after the company acquired a number of utilities from Kodak, including the MHI. Kodak and RED filed an amended application for renewal of the permit in 2013.

In May 2014, the U.S. Bankruptcy Court for the Southern District of New York approved a Settlement Agreement for the Eastman Kodak Company bankruptcy. The court order required Kodak to create and fund an environmental trust to address historic releases from EBP. The main change to the draft renewal permit is that a corrective action program in the draft permit is structured to recognize the court order that created the Eastman Business Park Environmental Trust to address historic releases at the EBP.

As administrator of the trust, DEC is monitoring activities at the EBP and will conduct an investigation to assess whether the Genesee River suffered damages associated with discharges from the Kodak's past operations. After the investigation is complete, DEC will develop a corrective action strategy for the Genesee River. The draft permit application renewal pertains to Kodak's continuing operations at the EBP, and Kodak and RED will be responsible for any corrective actions associated with current or future activities at the EBP that impact the environment.

This fall, DEC expects the public will be provided an opportunity to review and comment on two additional draft permit applications for the EBP. The first is a State Pollutant Discharge Elimination System (SPDES) permit renewal to regulate the discharge of wastewater to the Genesee River and other waters. Because Kodak sold utilities to RED, the companies are co-permittees and are jointly pursuing renewal of the SPDES permit. The second application is RED seeking renewal of an Air Pollution Control (Title V) Permit. Both permits will include modifications to accommodate changes and new requirements.

Comments on the draft hazardous waste management permit will be accepted until Sept 2. The public can view the draft permit at the following locations:

  • Maplewood Community Library, 1111 Dewey Ave., Rochester, NY 14613
  • Greece Public Library, 2 Vince Tofany Blvd., Rochester, NY ‎ 14612
  • DEC Region 8 Office at 6274 E. Avon-Lima Road, Avon NY 14414-9519 (contact person: Scott E. Sheeley, 585-226-5382); and
  • DEC, Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7017 (contact person: David Lates; 518-402-9814)

Electronic copies of documents are available on DEC's website at: or upon request in CD format by contacting David Lates at (518) 402-9814.

A public availability session and legislative hearing will be held Aug. 19 at Eastman Business Park, Theater on the Ridge - Building 28, Colonial Dining Room, at 210 West Ridge Road, Rochester, NY. The availability session will be held from 5 p.m. to 6 p.m., when the public can speak one-on-one with DEC staff. The hearing will begin at 6 p.m. and allow members of the public to make verbal comments.

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