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ENB - Region 8 Notices 5/29/2019

Combined Notice of Complete Application, Notice of Legislative Public Hearing and Comment Period


Hakes C&D Disposal Inc.
4376 Manning Ridge Road
Painted Post, NY 14870

DEC Applications and Id Numbers:

Article 27, Title 7, Solid Waste Management, DEC No. 8-4630-00010/00001
Article 19, Air State Facility, DEC No. 8-4630-00010/00011
Section 401 Clean Water Act, Water Quality Certification, DEC No. 8-4630-00010/00015

Project Description:

Hakes C&D Disposal Inc. (Hakes) has applied to modify the above-referenced solid waste management permit for the proposed expansion of the Hakes C&D Debris Landfill (Landfill) located at 4376 Manning Ridge Road in the Town of Campbell, Steuben County, New York. As proposed the landfill would be expanded from 57.9 acres to 78.9 acres to increase the disposal capacity and site life. Hakes is also proposing to add a 22.2 acre soil borrow area at the same site for construction and cover materials. The project will include the expansion of other ancillary facilities, including the storm water ponds and site roads. The Landfill's approved design capacity of 1,494 tons per day, the types of wastes accepted, and the maximum elevation will not change.

Two variances from solid waste management regulations have been requested: one pertains to the 100-foot setback requirement in 6 NYCRR § 363-6.2 and would allow a transition from the current 90-foot setback to the required 100-foot setback along the western boundary of the landfill, and the other pertains to 6 NYCRR § 363-6.7(a)(2)(i) and would allow the use of stone greater than one inch diameter - up to three inches diameter - in the low permeability soil component of the single composite liner system. New York State Department of Environmental Conservation (NYS DEC) has made tentative determinations to approve these two requested variances. A third variance request was submitted at the time of application, pertaining to the requirement in 6 NYCCR § 363-6.4 for 10 feet of separation between the base of the liner system and bedrock. The requested variance would have allowed 5 feet of separation using a constructed soil layer and additional groundwater monitoring. NYS DEC made a tentative determination not to approve the requested variance and the applicant has withdrawn the request from the proposed expansion.

The applicant has also applied for a new Section 401 Water Quality Certification to fill approximately 0.672 acres of federally-regulated wetlands for the expansion. To compensate for wetland losses, the applicant proposes to purchase in lieu fee wetland mitigation credits in the amount of 1.34 acres (a 2:1 ratio) at a Corps of Engineers approved wetland mitigation bank.

An application for modification of the existing Air State Facility permit has also been submitted, associated with the anticipated increase in landfill gas (hydrogen sulfide and methane) generated as a result of the expansion. According to the application, the peak flow of landfill gas will increase from 600 scfm to 750 scfm over the increased life of the landfill. Current landfill gas is collected and controlled by a single, 750 scfm capacity open flare to combust hydrogen sulfide and methane. A 400 scfm backup open flare is also currently permitted and on-site for additional gas control. Additional gas collection infrastructure will be installed within the additional landfill area, but no additional flares are necessary to the control the additional landfill gas that will be generated. The permit modification would require sampling of the gas and calculations to verify SO2 emissions, generated by combustion of hydrogen sulfide, are below major source thresholds.

The applicant will also be subject to ongoing coverage under Sector L of the State Pollutant Discharge Elimination System (SPDES) Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activities (GP-0-17-004). Updates to the facility stormwater pollution prevention plan (SWPPP) have also been submitted as part of the complete application.

Notice Of Complete Application:

NYS DEC has determined that the permit applications filed for the proposal are complete for purposes of further NYS DEC review and public comment pursuant to 6 NYCRR §621.7. As noted further below, written public comments will be accepted on the applications until June 28, 2019.

Additional Regulatory Provisions:

State Environmental Quality Review (SEQR): The project is a Type I Action, as designated by 6 NYCRR § 617.4(b)(6)(i). NYS DEC, acting as Lead Agency pursuant to SEQR, prepared a Final Environmental Impact Statement, which was accepted on December 5, 2018.
State Historic Preservation Act (SHPA) Determination: Based on a review of project information, the New York State Office of Parks, Recreation, and Historic Preservation has determined that the project will have no impact on cultural resources in or eligible for inclusion in the State and National Registers of Historic Places. In accordance with SHPA, no further review is required.
Environmental Justice: This project is not located within or near a potential environmental justice area designated by the NYS DEC and, therefore, it has been determined that the proposed action is not subject to the NYS DEC Commissioner's policy on Environmental Justice (CP-29).
Coastal Zone Management: This project is not located in a Coastal Management Area and, therefore, is not subject to the Waterfront Revitalization and Coastal Resources Act.

Document Availability:

The application materials are available for public review at the locations listed below during normal business hours, and on the internet at the following website:

NYS DEC - Region 8 Office
6274 East Avon-Lima Road
Avon, New York, 14414

Savona Free Library
15 McCoy Street
Savona, NY 14879

Town of Campbell Offices
8529 Main St
Campbell, New York 14821

Applicant's website at:

Legislative Public Hearing:

A legislative public hearing on the complete applications will be held before Administrative Law Judge (ALJ) Molly McBride to receive unsworn statements from the public at 2:00 p.m. and 6:00 p.m. on June 27, 2019 at the Campbell American Legion Post 1279, 8458 County Route 333, Campbell, NY 14821. All persons, organizations, corporations, or government agencies who may be affected by the proposed project are invited to attend the hearing and to submit oral or written comments on the permit applications. It is not necessary to file in advance to speak at the hearing. The ALJ may limit the time available for oral comments to ensure that all persons have an opportunity to be heard. Lengthy comments should be submitted in writing. Written comments may also be filed at the hearing or submitted to the NYS DEC contact person as indicated below. Equal weight will be given to both oral and written statements.

The hearing location is fully accessible to persons with a mobility impairment. Interpreter services shall be made available, at no charge, upon written request to the ALJ identified above at least ten (10) business days prior to the hearing. All requests must be made to the NYS DEC - Office of Hearings and Mediation Services, ALJ Molly McBride, 625 Broadway, First Floor, Albany, New York, 12233-1550, Phone (518) 402-9003.

Written Public Comments:

Any interested person may submit comments on the permit applications in writing at the hearing, and to the NYS DEC contact listed below by June 28, 2019. Comments sent by regular mail must be post-marked no later than June 28, 2019. E-mail and Fax comments must be received by 5:00 p.m. (EDT), June 28, 2019.

NYS DEC Contact Person:

Kimberly Merchant
NYSDEC - Region 8 Office
6274 East Avon-Lima Road
Avon, NY 14414
Phone: 585-226-5400
Fax: 585-226-2830

Negative Declaration

Schuyler County - The Schuyler County Legislature, as lead agency, has determined that the proposed Watkins Glen International - General Events Mass Gathering Permit will not have a significant adverse environmental impact. Watkins Glen International (WGI) has two (2) proposed large mass gathering events and four (4) small mass gathering events planned for 2019. The Finger Lakes Wine Festival (FLWF) will be held from Friday July 12, 2019 through Sunday July 14, 2019. The NASCAR at The Glen will be held from Thursday August 2, 2019 through Sunday August 4, 2019. It is estimated that the FLWF will attract 35,000 people and the NASCAR event will attract 60,000 spectators. WGI will hold 4 small events: SCCA Majors Super Tour from June 21, 2019 through June 23, 2019: Sahlen's Six Hours of The Glen from June 27, 2019 through June 30, 2019; Blancpain GT World Challenge America from August 30, 2019 through September 1, 2019; and Vintage Grand Prix from September 6, 2019 through September 8, 2019. These types of events are held each year at WGI and no changes are proposed for this year's events. An application for a New York State Department of Health (NYS DOH) Mass Gathering Permit will be submitted and a full engineering report has been prepared for each event. The report includes necessary information to provide the NYS DOH proof that WGI has the appropriate utilities, services, emergency staff, etc. to accommodate the expected crowd at each event. There are no proposed construction activities for these events The project is located at 2790 County Route 16 in Watkins Glen, New York.

Contact: Christopher L. Wood, Schuyler County, 100 HUNT Center, horseheads, NY 14845, Phone: (570) 637-3266, E-mail:

Steuben County - The Village of South Corning, as lead agency, has determined that the proposed Phase II Water Improvements Project will not have a significant adverse environmental impact. The action involves the investigation and rehabilitation of the Village's water distribution system, with such work to include replacement of existing water mains, valves, hydrants and appurtenances, including service connections from the main to existing curb stop valves. The work does not involve extension of the distribution system to new users. Construction of a new 650,000 gallon glass-lined, bolted steel water storage tank adjacent to the existing Village water storage tank. Construction of a new building and water treatment process equipment for the purpose of iron and manganese removal from the existing Village water source. Development of the test well drilled in 2015 to the south of the existing Village water source and other associated work and improvements as more fully set forth in plans and document on file with the Village. The project is located throughout the Village of Corning, New York.

Contact: James A. Thomas, Village of Corning, 7 Clark Street, Corning, NY 14830, Phone: (607) 936-3642, E-mail:

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