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USA Waste Services of NYC, Inc. - Memorandum 2 and Order of Discontinuance, August 7, 1998

Memorandum 2 and ORDER of Discontinuance, August 7, 1998


In the Matter of the Application of USA Waste Services of NYC, Inc.
for a permit to Construct and Operate a Solid Waste Management Facility
pursuant to Environmental Conservation Law Article 27 (Collection, Treatment and Disposal
of Refuse and Other Solid Waste Management) and Title 6 of the
Official Compilation of Codes Rules File No. 26101-00013/00008
and Regulations of the State of New York, Part 360

Memorandum 2

Proceedings and Discussion

USA Waste Services of NYC, Inc., 2 North 5th Street, Brooklyn, NY 11211 (the "Applicant") seeks a permit to Construct and Operate a Solid Waste Management Facility from the Department of Environmental Conservation ("NYSDEC"). Proceedings described in the June 2, 1998, Memorandum and Order are not repeated here.

On May 21, 1998, the Consolidated Intervenors requested to add the Manhattan Borough President as a member of their group. This was opposed by the Applicant. Ruling on this is pending.

The aforesaid Memorandum and Order set forth a briefing schedule which was later modified June 17, 1998, on the agreement of all parties/potential parties.

On July 31, 1998, I received a letter from NYSDEC Staff indicating that upon review of the matters discussed at legislative hearing and issues conference, Staff and NYCDOS have determined to rescind their conditional negative declaration pursuant to 6 NYCRR 617.7(f)(1)(iii), and issue a positive declaration which will direct Applicant to prepare an environmental impact statement (EIS). Staff stated that due to this change, the issues conference should be discontinued at this time and the hearings process closed until an EIS is completed. No one has objected to this recommendation.

In light of the above change in circumstances, a discontinuance is appropriate.


Because an EIS is being prepared and because further environmental review is to be undertaken by NYSDEC Staff and NYCDOS, these proceedings are discontinued without prejudice.

August 7, 1998
Albany, New York

Frank Montecalvo Administrative Law Judge

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