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Rockland County Sewer District #1

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF LEGISLATIVE PUBLIC COMMENT HEARING, ISSUES CONFERENCE,
AND DEADLINE FOR PETITIONS FOR PARTY STATUS

Applicant: Rockland County Sewer District #1
4 Route 340
Orangeburg, NY 10962

Project Location: Rockland County Sewer District #1 Wastewater Treatment Plant
4 Route 340
Orangeburg, NY 10962

Applicant's Attorney: Steven A. Torres, Esq., West Group Law PLLC
81 Main Street, Suite 510, White Plains, NY 10601

DEC Application ID No.: 3-3924-00052/00005

Project Description: The New York State Department of Environmental Conservation (Department or DEC) issued a final State Pollutant Discharge Elimination System (SPDES) permit (NY0031895) for the Rockland County Sewer District #1 (District) Wastewater Treatment Plant on February 5, 2021, which modified the District's previous SPDES permit. The issued permit was a renewal with a full technical review in accordance with the Environmental Benefit Permit Strategy. Notice of the draft permit was initially published in the Environmental Notice Bulletin on June 20, 2018, and in The Journal News on June 27, 2018. The public comment period closed on July 27, 2018. After issuance of the final permit, the District requested a hearing pursuant to 6 NYCRR part 621.

The issued permit, along with the Department's fact sheet and District's application, may be accessed through the Department's web site at: https://www.dec.ny.gov/permits/6054.html. On this webpage, in the paragraph under the "View SPDES Permits" subheading, click on the highlighted text, then click on the "Region 3" folder, then on the "IndSPDES" subfolder, and then on the subfolder named "NY0031895." As noted below, documents relating to the application and issued permit may also be viewed at DEC offices in New Paltz.

SEQRA Status: The project is an unlisted action under Environmental Conservation Law (ECL) article 8 (State Environmental Quality Review Act [SEQRA]) and 6 NYCRR part 617, and the Department has determined that it will not have a significant adverse impact on the environment. A negative declaration is on file with the Department.

Legislative Public Comment Hearing: A legislative public comment hearing pursuant to 6 NYCRR part 624 to hear and receive unsworn comments from the public will be held on May 20, 2021 at 1:00 p.m. The hearing will be conducted electronically through the Webex Events electronic webinar platform.

All persons, organizations, corporations, or government agencies who may be affected by the project are invited to attend the hearing and comment on the issued permit. Lengthy comments should be submitted in writing. Equal weight will be given to oral and written statements. The Administrative Law Judge (ALJ) may limit the time available for oral comments to 3 minutes per person, depending on the number of people wishing to speak, to ensure that all persons have an opportunity to be heard.

Because the hearing is being conducted by electronic webinar, it is reasonably accessible to persons with a mobility impairment. Interpreter services shall be made available to deaf persons, and translator services shall be made available to persons with limited English proficiency, at no charge for either service, upon written request to the ALJ at the address below. All requests must be received no later than 4:00 p.m. on Thursday, May 6, 2021.

Written Public Comments: Written comments concerning the issued permit must be postmarked by Thursday, May 27, 2021 and mailed to Administrative Law Judge Michael S. Caruso at DEC's Office of Hearings and Mediation Services, 1st Floor, 625 Broadway, Albany, NY, 12233-1550, or emailed to ALJ Caruso at ohms@dec.ny.gov by 5:00 p.m. on Thursday, May 27, 2021. Written statements will be considered equally with oral statements given at the legislative hearing, provided they are postmarked by Thursday, May 27, 2021 or emailed by 5:00 p.m. on that date.

Issues Conference: Pursuant to 6 NYCRR 624.4(b), a pre-adjudicatory issues conference will be conducted by ALJ Caruso electronically through the Webex Events electronic webinar platform. The conference will begin at 10:00 a.m. on Thursday, June 3, 2021. The purpose of the issues conference is to determine party status for any person or organization that has properly filed a petition (as indicated below), and to narrow and define those issues, if any, that will require adjudication in this matter. Participation at the issues conference shall be limited to Department staff, applicant, and those persons or organizations requesting party status. Issues proposed for adjudication must be both substantive and significant in accordance with 6 NYCRR 624.4(c).

Members of the public may observe the issues conference by attending the electronic webinar. Instructions for attending the webinar are provided below.

Filing for Party Status and Proposed Issues: Persons seeking to participate at the issues conference and the subsequent adjudicatory hearing, if one is necessary, must file a written petition explaining whether their request is for full party status or amicus status. For the required contents of petitions for full party status, see 6 NYCRR 624.5(b)(1) and (2). To determine whether an issue is substantive, see 6 NYCRR 624.4(c)(2), and to determine whether an issue is significant, see 6 NYCRR 624.4(c)(3). For the required contents of a petition seeking amicus status, see 6 NYCRR 624.5(b)(1) and (3).

All petitions requesting party status to participate at the adjudicatory hearing must be received at DEC's Office of Hearings and Mediation Services no later than 5:00 p.m. on Thursday, May 27, 2021. Address all petitions to Administrative Law Judge Michael S. Caruso, DEC's Office of Hearings and Mediation Services, 1st Floor, 625 Broadway, Albany, NY, 12233-1550, telephone: (518) 402-9003, email: michael.caruso@dec.ny.gov. At the same time and in the same manner that the petition is furnished to the ALJ, a copy of the petition must be furnished to applicant's attorney, Steven A. Torres, West Group Law PLLC, 81 Main Street, Suite 510, White Plains, NY 10601, telephone: (508) 922-8222, email: storres@westgrouplaw.com, and to Department staff's attorney, Ashley Johnson, Assistant Regional Attorney, New York State Department of Environmental Conservation, Region 3, 21 South Putt Corners Road, New Paltz, NY 12561, telephone: (845) 256-3037, email: ashley.johnson@dec.ny.gov.

Filing of petitions by email is authorized provided petitions are received by all of the above parties by the 4:00 pm deadline, and a conforming hard copy is sent by first class mail and postmarked by the deadline date. Telefaxed petitions will not be accepted.

Any questions about the filing requirements or other hearing procedures may be addressed to ALJ Caruso by telephone at (518) 402-9003. DEC's permit hearing regulations may be found at http://www.dec.ny.gov/regs/2488.html, and a guide to permit hearing procedures may be found at http://www.dec.ny.gov/permits/6234.html, Hearings and Mediation Services, Guide to Permit Hearings.

Document Availability: Filed application documents, the issued permit, and the Department's fact sheet concerning the issued permit are available for inspection during normal business hours at DEC's Region 3 Office, 21 South Putt Corners Road, New Paltz, NY 12561. To ensure timely service at the time of inspection, it is recommended that an appointment be made with Diane Vitarius at (845) 256-3052. Copies are also available at the Office of Hearings and Mediation Services, New York State Department of Environmental Conservation, 625 Broadway, First Floor, Albany New York, telephone (518) 402-9003.

Statutory and Regulatory Provisions: This proceeding is being conducted according to ECL article 3 (General Functions), ECL article 8 (Environmental Quality Review, SEQR), ECL article 17, title 8 (SPDES); and ECL article 70 (Uniform Procedures); and 6 NYCRR part 617 (SEQR), part 621 (Uniform Procedures), part 624 (Permit Hearings Procedures), and part 750 (SPDES Permits).

Instructions for Attending the Legislative Public Comment Hearing:

To join the hearing through the internet, visit www.webex.com and click "Join a meeting."

Event Number: 129 879 2232
Password: May20-1PM

To join by phone only:

Dial: 1-518-549-0500 Access Code: 129 879 2232

Persons wishing to comment on the final permit and the request for hearing will have the opportunity to make a statement at the public comment hearing webinar. Any person wishing to provide a public statement must register in advance of the hearing no later than 4:00 p.m. Monday, May 18, 2021. Any person may listen to the hearing by phone without pre-registration.

To register electronically: Persons who will login to the hearing electronically must register. To register, visit http://www.webex.com/, click "Join a meeting," input the event number listed above, click "Register," and fill in the requested information. You will be asked whether you wish to make a public statement or not. After registration is complete, you will receive a confirmation by email with information about how to join the hearing.

On the appropriate date and time of the hearing, participants should visit https://www.webex.com/, click "Join a meeting" at the top right-hand corner of the screen, and input the appropriate event number for the hearing. Participants will be asked to "select audio system." It is recommended that participants choose to have the system "call me" or "call using computer." The "call me" option will require participants to enter their phone numbers.

To register by telephone: Any person who is not able to login electronically may participate by telephone. Call-in participants must register to speak in advance by calling the Department at 518-402-9003 no later than 4:00 p.m. Monday, May 18, 2021. Please provide your first and last name, address, email address if any, and telephone number and reference the Rockland County Sewer District #1 public comment hearing.

On the day and time of the hearing, use the phone access phone number, (518) 549-0500, and the appropriate access code listed above to join the hearing.

All participants will be muted upon entry into the hearing. The ALJ will call each person who has requested to provide a statement to speak. The ALJ will continue the hearing until everyone wishing to speak has been heard or other reasonable arrangements have been made to include their comments in the record. The ALJ may limit the time available for oral comments to 3 minutes per person, as necessary to afford all participants an opportunity to be heard. We also recommend that lengthy comments be summarized for oral presentation and submitted in writing as provided above. The hearing will be stenographically recorded for inclusion in the record.

Instructions for Attending the Issues Conference:

To join the issues conference on June 3, 2021, through the internet, visit www.webex.com and click "Join a meeting."

Event Number: 129 942 9041
Password: June3-10am

To join by phone only:

Dial: 1-518-549-0500
Access Code: 129 942 9041

It is not necessary to pre-register to attend the issues conference.

James T. McClymonds
Chief Administrative Law Judge

April 8, 2021
Albany, New York

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