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CWM Chemical Services, LLC - RESCHEDULED Legislative Public Statement Hearing

December 10, 2008





DEC No.: 9-2934-00022/00097

1550 Balmer Road
Model City, NY 14107


Applicant CWM Chemical Services, LLC (CWM) has applied for a modification of its existing Part 373 permit to allow the utilization of an alternative final cover design for the facility's existing 47 acre hazardous waste landfill known as Residuals Management Unit - One (RMU-1). The proposed modification would increase the landfill's currently permitted waste disposal capacity by about 106,870 cubic yards (3% increase). However, this permit modification will NOT increase the overall topographical size of the RMU-1 landfill beyond its currently permitted limits (i.e., this will NOT result in any increase to the landfill's overall area or height). CWM submitted a permit modification application to DEC in April 2008, with subsequent revisions submitted in June 2008. DEC has reviewed this application and has TENTATIVELY DETERMINED the application to be complete pursuant to 6 NYCRR Parts 373 and 621. As a result, DEC has prepared the appropriate DRAFT permit modification for public review. The current permit will expire in 2010.

The RMU-1 landfill is constructed with a double-composite liner/leachate collection system and is divided into ten (10) cells for separate leachate collection. Currently, about 5 1/2 cells have been closed with the remainder in operation and receiving waste. At closure, a final cover is required to be installed to prevent precipitation from contacting the waste and producing contaminated runoff from the landfill, and to reduce leachate generation. This proposed permit modification would allow CWM to utilize an alternative final cover design on the remaining areas of the RMU-1 landfill which are still in operation (i.e., currently receiving waste). The primary differences between the current final cover design and the proposed alternative final cover design are: 1) the replacement of a two (2) foot thick compacted clay layer with a Geosynthetic Clay Liner (GCL) and a six (6) inch thick select fill layer; and 2) a twelve (12) inch reduction in thickness of the general fill protective layer. The GCL is considered an equivalent hydraulic barrier and the CGL is more resistant to degradation from freeze-thaw cycles than the compacted clay. This alternative design would result in a reduction in the overall thickness of the final cover, facilitating a proposed estimated increase of the landfill's currently permitted waste disposal capacity from approximately 3,495,030 to 3,601,900 cubic yards (3% increase).

DEC has prepared a Fact Sheet for the public's use which provides further details on this DRAFT permit modification and associated opportunities for public involvement in the process.

PUBLIC HEARING: Pursuant to 6 NYCRR 621.8, a legislative public hearing for the receipt of public comment on the DRAFT permit modification and CWM's application will be held on January 21, 2009 at:
Lewiston-Porter High School
4061 Creek Road
Youngstown, NY 14174

The purpose of the legislative hearing is to assist Department staff in determining whether to refer the permit application to the Department's Office of Hearings and Mediation Services for full adjudicatory proceedings pursuant to 6 NYCRR part 624.

The legislative public hearing was previously scheduled for December 15, 2008 and has been rescheduled to January 21, 2009. There will not be a public hearing on December 15, 2008.

The legislative hearing will be conducted in two (2) sessions, the first beginning at 4:00 p.m. at the high school and the second beginning at 7:00 p.m., also at the high school. 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 application. It is not necessary to file in advance to speak at the hearing. Lengthy comments should be submitted in writing. Equal weight will be given to both oral and written statements. The Administrative Law Judge (ALJ) may limit the time available for oral comments to 5 minutes per person to ensure that all persons have an opportunity to be heard. The hearing location is fully accessible to persons with a mobility impairment pursuant to the State Administrative Procedures Act and interpreter services shall be made available to deaf persons at no charge upon written request to the Administrative Law Judge (ALJ) identified below, at least 10 days prior to the hearing.

WRITTEN PUBLIC COMMENTS: All interested persons, organizations, corporations or government entities may submit written comments at the hearing or by mail no later than January 30, 2009 to Administrative Law Judge Molly McBride, NYS Department of Environmental Conservation, Office of Hearings and Mediation, 625 Broadway, 1st Floor, Albany, NY 12233-5500, with a copy to Bidjan Rostami, NYS Department of Environmental Conservation, 270 Michigan Avenue, Buffalo, New York 14203. Comments must be received by January 30, 2009 to be considered. The public comment period for written comments was previously noticed to end on January 14, 2009. The date has been extended to January 30, 2009.

SEQR STATUS: Pursuant to the State Environmental Quality Review Act (SEQR, ECL article 8 and 6 NYCRR part 617), DEC has determined that the proposed action described above, is a Type 1 action and will not have a significant effect on the environment. A Negative Declaration for this action is on file at DEC's Region 9 Office. This determination was made on the basis of an Environmental Assessment Form submitted by CWM. As a result of this SEQR Negative Declaration, DEC has determined that this DRAFT permit modification is not subject to the provisions of NYS ECL Article 27, Title 27-1105(1), which requires a certificate of environmental safety and public necessity.

TENTATIVE DETERMINATION: DEC has found the CWM permit modification application complete and has made a tentative determination to issue the permit modification for the aforementioned changes associated with the RMU-1 landfill. The DRAFT permit modification has been prepared pursuant to the applicable regulations in 6 NYCRR Part 373-2 (Final Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage and Disposal Facilities).

DOCUMENT AVAILABILITY: Hard copies of the DRAFT permit modification, CWM's application and the aforementioned NYSDEC Fact Sheet are available for public review during normal business hours at DEC's Region 9 office, 270 Michigan Avenue, Buffalo, NY 14203-2915 (contact person: Bidjan Rostami at (716) 851-7220); and at the following locations:

Youngstown Free Library
240 Lockport Street
Youngstown, NY 14174

Lewiston Public Library
305 South Eighth Street
Lewiston, NY 14092

Porter Town Hall
3265 Creek Road
Youngstown, NY 14174

Also, electronic copies of the DRAFT permit modification documents, the DEC Fact Sheet and SEQR Negative Declaration (in "pdf" form) can be downloaded from DEC's public website at

Buffalo, NY
December 10, 2008

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