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New York State Hospital/ Medical/Infectious Waste Incinerator State Plan - Summary Hearing Report, August 8, 1998

Summary Hearing Report, August 8, 1998

STATE OF NEW YORK : DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Office of Hearings and Mediation Services
50 Wolf Road
Albany, New York 12233-1550
Tel. 518 457-3468

IN THE MATTER OF

THE PROPOSED NEW YORK STATE
HOSPITAL/MEDICAL/ INFECTIOUS WASTE INCINERATOR STATE PLAN

SUMMARY HEARING REPORT

- by -

Francis W. Serbent
Administrative Law Judge
December 15, 1998

PROCEEDINGS

The Division of Air Resources ("Division") of the New York State Department of Environmental Conservation ("Department" or "DEC") scheduled public hearings as part of the process to provide a New York State plan for hospital, medical and infectious waste incineration (the "plan"). The proposed plan would comply with the Federal Clean Air Act Amendments of 1990 Sections 111(d) and 129. Irving L. Bonsel of the Division issued a Notice of Public Hearing for distribution and publication. The Notice of Public Hearing was published on October 28, 1998 in the Suffolk, Nassau and Queens Counties editions of Newsday, by the Gannett Suburban Westchester northern, central, southern and Rockland area editions of The Journal News, in The Albany-Times Union, Syracuse Herald-Journal, The Post-Star of Glens Falls, the Rochester Democrat & Chronicle, the Utica Observer-Dispatch, and in the Niagara Falls Gazette. Affidavits of publication have been filed with the Department or Division. The Notice of Public Hearing was also published in the October 28, 1998 edition of the Department's Environmental Notice Bulletin. In a memorandum dated October 9, 1998, John Higgins of the Division requested the services of an administrative law judge ("ALJ") from the Office of Hearings and Mediation Services to conduct the hearing. The legislative hearing for the receipt of public statements was ready to be held as scheduled on November 30, 1998 from 1:00 PM to 4:00 PM in the conference room at the offices of the New York State Department of Agriculture and Markets on 1 Winners Circle, Albany, NY, beforethe assigned ALJ Francis W. Serbent, PE. No statements were offered, received or filed. No one except Staff attended. Staff was prepared to make a statement and waited thirty minutes for an audience to appear and then left the hearing room.

These proceedings are held according to the Environmental Conservation Law ("ECL") Article 1 General Provisions; Article 3 General Functions, Powers, Duties and Jurisdiction; Article 8 Environmental Quality Review; Article 19 Air Pollution Control and Article 70 Uniform Procedures; also Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York ("6 NYCRR") Chapter III Air Resources, Part 617 State Environmental Quality Review, and Part 624 Permit Hearing Procedures.

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