NYSDEC OHMS Document No. 201469232-00128
~ ~ WASTE MANAGEMENT WASTE MANAGEMENT 1550 Balmer Road Model City, NY 14107 March 8, 2016 716 286 1550 71 6 286 0211 Fax Mr. James T. McClymonds Chief Administrative Law Judge RECEIVED 1\'YSDEC Office of Hearings 625 Broadway, 151 F loor MAR 0 9 2016 Albany, New York 12233-1550 Hearings and Re: RMU-2 Notice of Complete Application and Fact Sheet - Public Notic/iediation Servi~..,s State Pollutant Discharge Elimination System (SPDES) - Proof of Publication
Dear Mr. McClymonds:
In February 2016, NYSDEC issued a Public Notice of Complete Application and associated Fact Sheet and Draft Permit Modification for CWM's State Pollutant Discharge Elimi nation System (SPDES) Permit (SPDES No. NY0072061) related to CWM's proposal to construct and operate Residuals Management Unit No. 2 (RMU-2). As required, CWM arranged to have the notice of complete application for public comment published in local newspapers. Attached please find the originals of the Affidavits of Publication from the newspapers Niagara Gazette and the Buffalo News (February 17, 2016) and the Lewiston-Porter Sentinel (February 20, 2016).
If you have any questions, please contact myself at (716) 286-0246 or Mr. Jonathan P. Rizzo at (716) 286-0354.
"I cenify under penalty of law that this document and all attachments were prepared under my direction or supervision according to a system designed to assure that qualilied personnel properly gather and evaluate the information submitted. Based on my inqu iry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the info rmat ion submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there arc significant pcnul1ics for submitting false information, including the possibility of line and imprisonment for knowing violations."
Sincerely, CWM CHEMICAL SERVICES, LLC ~a- &a/JVJ/.Y~---- Ji 11 A. Banaszak Technical Manager Model City Facility
JPR/JAB/jbh Attachment NYSDEC OHMS Document No. 201469232-00128 Mr. James T. McClymonds NYSDEC March 8, 20 I 6 Re: RMU-2 Notice of Complete Application and Fact Sheet - Public Notice State Pollutant Discharge Elimination System (SPDES) - Proof of Publication
Page - 2 - cc: L. Alexander - NYSDEC/Albany NY (electronic copy) D. Stever - NYSDEC/Region 9 (electronic copy) T. Mucha - NYSDEC/Rcgion 9 (electronic copy) D. Denk - NYSDEC/Region 9 (electronic copy) M. Passuite - NYSDEC/Region 9 (electronic copy) P. Grasso - NYSDEC/Region 9 (electronic copy) J. Konsella - NYSDEC/Rcgion 9 (electronic copy) M. Cruden - NYSDEC/Albany, NY (electronic copy) M. Mortefolio - NYSDEC/Albany. NY (electronic copy) On-site Monitors - NYSDEC/ Model City, NY (electroni c copy) A. Everett - USEPA/Region II (electronic copy) A. Park - USEPA/Region II (electronic copy) P. Dicky - NCHD/Lockpo11, NY (electronic copy) M. Mahar - CWM/Model City, NY (electronic copy) J. Rizzo - CWM/Model City. NY (electronic copy) D. Darragh - Cohen & Grigsby, PC/Pittsburgh, PA (electronic copy) EM O Subject File Q&I\
- 2 - NYSDEC OHMS Document No. 201469232-00128
STATE OF NEW YORK NIAGARA COUNTY,} ss .. ____
RECEIVED MAR 0 9 2016 Bearings and Mediatiou Services
Janet M. Slipko, of said county, being duly sworn, deposes and says that she is now and during the whole time hereinafter mentioned was the Clerk of
NIAGARA GAZETTE
A newspaper published in the County and State aforesaid, and that the annexed printed legal# 168194 was printed and published in said paper on the following dates:
02/17/2016
Subscribed and sworn to before me this -< -/7· IL
Notary Public Expiration Date
li- .. r. S2. L. f ,-C ' v Notary Put>I c. ~trnc o1 New Yor 1\1"' n1M"' OR?()9fJ ?_-.,/ t UI' ~ o- NYSDEC OHMS Document No. 201469232-00128
THIS IS NOT A PERMIT New York State Department of Environmental Conservation Notice of Complete Application Date: 02/12/2016 Applicant: CWM CHEMICAL SERVICES LLC 1550 BALMER RD MODEL CITY, NY 14107 Facility: CWM CHEMICAL SERVICES - MODEL CITY SITE 1550 BALMER RD MODEL CITY, NY 14107 Application JD: 9-2934-00022/00049 Permlt(s) Applied for: 1 - Article 17 Titles 7 & a Industrial SPDES - Surface Discharge Project Is located: in PORTER In NIAGARA COUNTY Project Description: The applicant proposes a modification to SPDES permit No NV0072061 for the CWM facihty localed at 1550 Balmer Road in e Towns of Porter and Lewiston, Niagara County to aUthoriz ischarges related to construction and operation of a proposed azardous waste landfill, referred to as Residuals Managemen nit - Two (RMU-2). Currently, hazardous and non-hazardous industrial wastes gen rated off site, and landfill leachate and contaminated groun ater generated ons1te are treated in the existing Aqueous Wast reatment System and discharged through outfall 01 A into Fae ltative (Fae) Ponds 1, 2 and 3 prior to being discharged to 1h iagara River, a class A-Special waterbody, via outfall 001 . CWM as requested authorization to also treat and discharge leachat ~om the proposed RMU-2 landfill. Fae Pond 3 is within the footprin f RMU-2 so CWM has proposed construction of a new pond, Fa ond 5, to replace Fae Pond 3. Variable amounts of stormwate runoff associated with RMU-2 would be discharged via outfall 00 _ o an unnamed tributary of Fourmile Creek and via outfall 003 to nnamed subtributary of Fourmile Creek, both class C waterbod 1es. The Department has determined that construction and opera ion of the proposed RMU-2 has the potential to result in a ne r increased discharge of bioaccumulative chemicals of concern {BCCs) from the facility to the Great Lakes Basin. Therefore. th proposal is subject to the Water Quality Antidegradation Policy, a ell as TOGS 1.3.9. Other proposed changes to the draft permit include: 1. Th chedule for interim mercury limits at outfalls 001 and 01 A ha een modified so that these limits will expire June 1, 2019 or th ate CWM begins receiving RMU-2 waste, whichever is sooner. 2. e schedules for interim PCB Aroclor limits at both internal an rnal stormwater outfalls have been modified so that these limit ·11 expire June 1, 2019 or the date CWM begins receiving AMU aste, whichever is sooner. 3. A special condition requiring pr atment of B003 waste has been added to the draft permit as eans of further reducing PCB levels tributary to the wastewate eatment system. 4. A special condition prohibiting discharge o - LF 1-7 landfill leachate waste has been added to the draft permi . The mercury minimization program requirements have been u -ated to include the ~ bulk chemical evaluation• component of th eoently updated DEC mercury policy. 6. A new filter press woul e required to be installed within one year of permit issuance. 7. ~v monitoring locations page has been added to the draft permi • o reflect conditions after Initiation of RMU-2 waste acceptance. Other changes to the draft permit are unrelated to RMU -2: A cor ection has been made to the settleable solids units for outfall 2-004. The units were mistakenly labeled as "mg/I" when the 1 hould have been "ml/I". Also, the Interim and final periods speci 1ed in Footnote 3 have been clarified. The Department has made a tentative determination to Issue th PDES permit under Article 17 of the Environmental Conserva ion Law. This tentative determination Indicates that the discharg . . 0 t NYSDEC OHMS Document No. 201469232-00128
t 110 U C:: tJOt UlfC°lll. t l Q~ l l lQUO a u:::tllQt.IVO Vdt.Ol l lllllQUVll t.V 1.:>ouo UfC PDES permit under Article 17 of the Environmental Conserva ion Law. This tentative determination indicates that the dlscharg regulated under ttiis statue is G9nsiderE!9 to 59tisfy reg_ulato!Y §!an ards for permit issuance, based on information available to th epartment at this time. As a tentative determination, the Depart ent seeks comments on the proposed regulated activity prior t aking a final decision on permit issuance. As such, this tentativ etermination does not signify Department approval or endorse tnent of the activity for which a permit is sought or for the overal proposed project. Refer to this application by application numbe listed above and SPDES Number NY0072061. As a permit neces ary for the proposed RMU-2 project, this matter is further subje o proceedings currently underway for that proposed landfill. Availability of Application Documents: Filed application documents, and Department draft permit here applicable, are available for inspection during normal busi ness hours at the address of the contact person. To ensure timel ervice at the time of inspection, it is recommended that an ap pointment be made with the contact person. State Environmental Quality Review (SEQR) Determination ' A draft environmental impact slatement has been prepared on his project and is on file. SEQR Lead Agency NYS Department of Environmental Conservation State Historic Preservation Act (SHPA) Determination Cultural resource lists and maps have been checked. The pro osed activity is not in an area of identified archaeological sensitiv 'ty and no known registered, eligible or inventoried archaeological ites or historic structures were identified or documented for th roject location. No further review in accordance with SHPA is re 1 uired. DEC Commissioner Polley 29, Environmental Justice an r. Permitting (CP-29) It has been determined that the proposed action is not subjec o CP·29. Availability For Public Comment Coiliii •c• its on this project must be submitted in writing to the Contact Person no later than 03/21 /2016 or 33 days after the publication date of this notice, whichever is later. ~ Co ntact Person MARK F PASSUITE NYSDEC • 270 Michigan Ave Buffalo, NY 14203-2915 (716) 851-7165 # N168194 2/17/2016
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Affidavit of Publication The Lewiston-Porter Sentinel
RECEIVED MAR 0 9 2016 Hearings and Mediation Services State of New York County of Erie, ss
Glenda Pichette of Grand Island, in said County, being duly sworn, states that she is the bookkeeper of the Lewiston Porter Sentinel, a Newspaper that is published weekly at Lewiston, in the county of Niagara, and that the legal, a printed copy of which is hereunto attached, was published once each week, for 1 week, in said newspaper, and that the said legal was so published on the 20th day of February, 2016
Sworn to before me this 2 /; ~~ay
KAREN M. COONEY Notary Public. State of New York Ou!ilified in Erie County Reg. No. 01C06293182 'J' My Commission Expires 11-25-20~ NYSDEC OHMS Document No. 201469232-00128 12 .Lewiston-Porter Sentinel · Niagara Falls
New York State Department of Environmental Conservation BEST F Notice of Complete Application Date: 02/12/2016 Students, parents Applicant: CWM CHEMICAL SERVICES LLC lSSO BALMER RD MODEL cm; NY 14107 BY JOSHUA MALONI Facility: CWM CHEMICAL SERVICES - MODEL CITY SITE 1550 BAtMER R~ Managing Editor MODEL CITT, NY 14107 1: '1 need you like you almost Application ID: 9·2934-00022/00049 ; Permits(s) Applied for: 1 - Article 17 Titles 7 & 8 Industrial SPDES ·Surface Discharge ate a lemon," Adell Hoover Project is located: in PORTER in NIAGARA COUNTY Manarino tells her students. Prajed Desaiption: • The four 10-ish-year-old girls The applicant proposes amodification to SPDES permit No. NY0072061 for the CWM facility located at giggle, and then it's back . to 1550 Balmer Road in the Towns of Porter and Lewiston, Niagara County to authorize discharges related to work. They begin marching like construction and operation of a proposed hazardous waste landfill, referred to as Residuals Management an army - but way cuter - and Unit - Two (RMU-2). their faces pucker up. This new twist to their dance Currently, hazardous and non-hazardous industrial wastes generated off site, and landfill leachate and routine has.them overthinking contaminated ground water generated onsite are treated in the existing Aqueous Waste Treatment System and discharged through outfall OlA into Facultative (Fae) Ponds 1, 2 and 3 prior to being discharged to the a bit on the first go-around, and, Niagara River, a class A-Special waterbody, via'outfall 001. CWM has requested authorization to also treat as a result, they're not quite in and discharge leachate from the proposed RMU-2 landfill. Fae Pond 3 is within the footprint of RMU-2 so step. CWM has proposed construction of a new pond, Fae Pond 5, to replace Fae Pond 3. Variable amounts of Sure enough, as they stand stormwater runoff associated with RMU-2 would be discharged via outfall 002 to an unnamed tributary of in front of a mirrored wall, with Fourmile Creek and via outfall 003 to an unnamed subtributary of Fourmile Creek, both class Cwaterbo d Adell standing behind them of Ade ies. fering coaching, they figure out clas the routine sequence and find a The Department has determined that construction and operation of the proposed RMU-2 has the potential er t rhythm on their second try. witJ to result in a new or increased dischar e of bioaccumulative chemicals of concern BCCs from the facili "' nee so mucn, · .aaeu says to me inspirational in well as TOGS 1.3.9. al girls. "She's very dE Other proposed changes to the draft permit include:NYSDEC 1. The schedule OHMS for interi Documentm mercury limits No..at outfalls 201469232-00128 Following a few more min- Ashley Orsi, wh 001 and OlA has been modified so that"these limits will expire June 1, 2019 or the date 0NM begins re utes of dancing, the students daughter, Abiga ceiving RMU·2 waste, whichever is sooner. 2. The schedules for interim PCB Aroclor limits at both internal are dismissed. As they exit the Adell's younger and final stormwater outfalls have been modified so that these limits will expire June l, 2019 or the date classroom, smiling faces pro- treats all these k 0NM begins receiving RMU-2 waste, whichever is sooner. 3. A special condition requiring pretreatment duce comments like "That was of 8003 waste has been added to the draft permit as a means of further reducing PCB levels tributary to fun!" her own. She's nc that runs a busin the wastewater treatment system. 4. A special condition prohibiting discharge of SLF 1-7 landfill leachate In the nearly 10 years since in and just does waste has been added to the draft permit. 5. The mercury minimization program requirements have Adell opened Adell's School been updated to include the "bulk chemical evaluation• component of the recently updated DEC mercury of Dance, her studio has di leaves. She's Vt policy. 6. A new filter press would be required to be installed within one year of permit Issuance. 7. A new about what she < monitoring locations page has been added to the draft permit to reflect conditions after initiation of RMU· veloped a reputation for seam- She puts 100 P 2 waste acceptance. lessly tying together hard work She's loyal. She': and fun. these children. ! Other changes to the draft permit are unrelated to RMU·2: A correction has been made to the settleable "Sometimes we joke around, solids units for outfalls 002..()()4. The units were mistakenly labeled as •mg/I" when they should have been but we work at the same time," :g,~ingle one of •ml/1'. Also, the interim and final periods specified in Footnote 3 have been clarified. 12-year-old Grace Wythe of Ni- agara Falls says. "Ifs just very Not only does i The Department has made a tentative determination to issue the SPD ~ permit under Article 17 of the En· fun, and I love it." students' name! vironmental Con.servation law. This tentative determination indicates that the discharge regulated under Amie Smith's 9-year-old their quirks, too, this statue is considered to satisfy regulatory standards for permit issuance, based on information available daughter, Emily, has •worked this writer what ( to the Department at this time. As a tentative determination, the Department seeks comments on the with Adell for three years. to do in order . proposed regulated· activity prior to making a final decision on permit issuance. As such, this tentative determination does not signify Department approval or endorsement of the activity for which a permit is 'They love it. They have fun," year's choreogra sought or for the overall proposed project. Refer to this application by application number listed above and Smith says. "The whole time "She knows the SPDES Number NY0072061. As a permit necessary for the proposed RMU-2 project, this matter Is further they're here, they just love ev- "She cares abot subject to proceedings currently underway for that proposed landfill. ery minute of it." dedicated. She'~ And they love Adell, who, de- time. Every time Availability of Application Documents: spite excelling at dance grow- here. She's worll Filed application documents, and Department draft permits where applicable, are available for inspection ing up, was overlooked by oth- kids nonstop. during normal business hours at the address of the contact person. To ensure timely service at the time of ers early in her life. Her high "And she's jm Inspection, it is recommended that an appointment be made with the contact person. school never appreciated her person. You car State Environmental Quality Review (SEQR) Determination talent, or offered Adell an out- loves what she A draft environmental impact statement has been prepared on this project and is on file. let, so she made one for herself. shows. And the Today, her studio, which has just phenomenal SEQR Lead Agency NYS Department of Environmental Conservation been located inside the Payne such a great env Plaza on Military Road for the at. I wouldn't b State Historic Preservation Act (SHPA) Determination past seven years, is filled with anywhere else." Cultural resource lists and maps have been checked. The proposed activity is not in an afea of identi· trophies, newspaper clippings Adell has ere. fied archaeological sensitivity and no known registered, eligible or inventoried archaeological sites or his· and, yes, students. sphere where stt toric structures were identified or documented for the project location. No further review in accordance More than 300 of them. ceed in and out o with SHPA is required. "She's just an amazing per- "If you were DEC Commissioner Polley 19, Environmental Justi'e and Permitting (CP-19} son," says 15-year-old Hannah· watch any of the 1 It has been determined that the proposed action is not subject to CP-29. Mergi of Youngstown. "We like the parades, were in a tiny studio (off) Mill- see it: That she's Availability For Publk Comment Contact Person tary Road and we were basically says. "Nothing
Comments on this project must be MARK FPASSUITE bursting at the sean1s. We came Adell's. Nothing. submitted in writing to the Contact NYSDEC here, and we're starting to get The girls, you C< Person no later than 03/21/2016 270 Michigan Ave bigger and bigger." all the girls - ho· or 33 days after the publication date Buffalo, NY 14203-2915 "When you're looking from that ifs from the of this notice, whichever is later. (716) 851-7165 the outside in, she's that teach- Mergi says, •· NYSDEC OHMS Document No. 201469232-00128 THE BUFFALO NEWS -Affidavit- RECEIVED MAR 0 9 2016 Bearings and Mediation Services
Marcy Lombardo of the City of Buffalo, New York, being duly sworn, deposes and says that he/she is Principal Clerk of THE BUFFALO NEWS INC., Publisher of THE BUFFALO NEWS, a newspaper published in said city, that the notice of which the annexed printed slip taken from said newspaper is a copy, was inserted and published therein 1 ti mes, the first insertion being on 02/17/2016 and the last insertion being on 02/17/2016
Dates Ad Ran:
Buffalo News (P1) 02/17/16
Sworn to before me this / Z'if.-- day of, ii.6 ~ 2016
tORI A. MOSKAL 1'olary Publ~. State of New \bl\ Qualified in Erie Co~ L7- ~ fMlmlssion Expires ~ ry YJ
AdlD: 1206043 NYSDEC OHMS Document No. 201469232-00128
Sporting Miscellaneous 682 Equipment 757 ~::1:s1 764 Notices 17 of lhe Env!ronmental Zone SD&HD, HBO Conservation Law. This Zone West, NHL Nel· 1en1ative determlnalfon In· work SD&HD. Outdoor
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