HomeMy WebLinkAboutSand Lot LLC f so#j Southold Town Clerk's Office
PO Box 1179
Southold,NY 11971 RECEIVED
" (631) 765-1800
/roulaty TRANSFER STATION!RECYCLING CENTER PERMIT APPLICATION
JUN 1 1 202,E
TYPE OF PERMIT (Che�allpplicable boxes) �,XN�F-W �UR�ENEWAL � Iv10DIFlCATION
EoI� h ll Town Clerk
OWNERSHIP: LOCATION:
LLB
�AOIt ITY OWNER
//NAME FACILITY OWNER NAME 14,1
14�
,1C,
ADDRESS
AD E xe 1 z � o I r—,a
TOWN/STATE/ZIP
TOWN/5TATElZI 2
T LE:PHONE „M✓ TELEPHONE
NEW YORK STATE DEC TRANSFER STATION PERMIT NUMBER O
r�
EFFECTIVE DAT EXPIRATION DATE
Please attach copy of NYSDEC Permit to this application—
List all officers by name and title,and all persons with financial interest in this application as follows:the application shall contain the name
of the applicant or,if a partnership or corporation,the names of all partners,officers,directors and all persons holding 5%or more of the
outstanding shares of said corporation. If the applicant is a corporation which is wholly or partially owned by another corporation, the
parent corporation shall be identified together with the name of the officers and director of the parent corporation.
Type of Ownership: ❑ Sole Proprietorship ❑ Partnership ❑ Corporalio&,) C—
(if owned by parent corporation,provide information on additional sheet)
A. OFFICER/PARTNER B. OFFICER/PARTNER
NAME
NAME'
ADDRESS
- ADDRESS '� �• �.� t,� �� ��r
TOWN/STATE/ZIP TOWN/STATE/ZIP
C. OFFICER/PARTNER D. OFFICER/PARTNER
NAME
NAME
ADDRESS ADDRESS
TOWN/STATE/ZIP TOWN/STATE/ZIP
Have you or any person listed above been convicted of a violation of the law, other than a traffic violation? Yes N o
If yes, explain:
Pa e i
C�%PACITY REQUEST/PRELIMINARY RECOVERY ESTIMATE
Types of Waste to be Acctpted:
Commercial Solid Waste Construction and Demolition Debris
Other(please specifiy) I �. _.... _..._....�. .__�� �_.
Ile
QUANTITIES TO BE ACCEPTED:
� MATERIALS TO BE RECOVERED:
Commercial Solid Waste: tor'roslday yds3day
❑ Newspapers ❑ Corrugated Cardboard
L 3 Glass Ferrous
Construction and Demolition: _ tonslday yds day
Plastic Mixed Paper
Other: C c t+���- tons/day -- ids hday
❑ Aluminum
Other: �e"" ....._-tonstday L( ds3'day ❑ Other(please specify)
PLEASE DESCRIBE SEPARATION SYSTEM TO BE EMPLOYED (i.e. hand sorted or automated):
'e
LIST CARTING FIRMS FROM WHOM WASTE WILL BE ACCEPTED: (attach addional sheets if needed)
A. FIRM 1: B. FIRM 2:
a t NAME
NAME r 2
ADDt�ESS .,�--- ADDRESS
t /�`f°
TOWN!STATE l 71P I
r
TOWN/STATE
TELEPHONE
TELE(HONE
C. FIRM 3: D. FIRM 4:
NAME
NAME
ADDRESS ADDRESS
TOWN/STATE I ZIP TOWN(STATE/ZIP
TELEPHONE TELEPHONE
Page 2
uP
WILL MATERIAL BE ACCEPTED FROM OUTSIDE THE TOWN YES ❑ NO
F YES, LIST THE CARTING FIRM AND THE JURISDICTION FROM WHERE MATERIAL WILL BE COLLECTED:
(attach addrf orwil sheets if needed) �
FIRM/JURISDICTIONS
FIRM/JURISDICTION
FIRM/JURISDICTION
FIRM I JURISDICTION
FIRM/JURISDICTION
FIRM/JURISDICTION
PLEASE LIST MARKETS/OUTLETS FOR RECOVERED MATERIALS(NAME&LOCATION):
NEWSPAPER
GLASS
PLASTIC(identify types)
ALUMINUM _
CORRUGATED CARDBOARD
FERROUS METAL
MAGAZINES
MIXED PAPER
PLEASE IDENTIFY DISPOSAL FACILITIES FOR RESIDUAL WASTES:
NAME/ LOCATION: NAME!LOCATION:
NAME/LOCATION: NAME I LOCATION:
Page 3
STATE OF NEW YOR )
S.S
COUNT O1,
.mm , being duly sworn, deposes
and says that he/she is the r of
�� ... the applicant
herein; that all the information ~ � pp
n submitted with this application is true,; that the applicant
agrees to comply with all provisions of Chapter 233 of the Code of the Town of Southold
which regulates the collection and disposal of solid waste and the operation of Transfer
Stations/Recycling Centers; that the applicant understands that failure to comply with the
rules and regulations of the Town of Southold or any false statements made on any part
of this application shall be grounds for denial and/or revocation of this permit.
�Ure
Sworn °fore me this
Day of�` , 2N`�
LYNDA M.RUDDER
(Votary Public,State of New York
Notary No OIRU6020932
Qualified in Suffolk County
Commission Expires March ba 2022
ACTION BY TOWN CLERK:
(a) Approved:
Permit No. ,Expires: __...._
(b) Disapproved;.
NEW YORK STATE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION
. . . . . I —, 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X
In the Matter of the Alleged Violations of the Article 27 of the
Environmental Conservation Law("ECL") of the State of New ORDER ON CONSENT
York and Part 360 of Title 6 of the Official Compilation of Codes,
Rules and Regulations("6 NYCRR") of the State of New York by:
MAY File No. R 1-20220207-44
Kenneth ,
(Suffolk County) Respondent.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . « X
WHEREAS:
1. The Department of Environmental Conservation of the State of New York is responsible for the
administration and enforcement of laws and regulations pertaining to the regulation of solid waste
in the State of New York,including Article 27 of the Environmental Conservation Law of the State
of New York ("ECL") and Part 360 of Title 6 of the Official Compilation of Codes, Rules and
Regulations of the State of New York ("6 NYCRR"); and
2. Upon information and belief, Respondent Kenneth N;�004y is the current owner of and the
responsible party for a parcel of land, approximately 5.86 acres in size,located at 1100 Manhasset
Avenue, Greenport, New York 11944, located across from Matthews Lane on Cox Lane,
Cutchogue, Town of Southold, more specifically known on Suffolk County tax maps as # 1000-
08400-0300-003000 ("Site"); and
3. Respondent is a "person," as defined at 6 NYCRR §360-1.2(b)(117) which defines "person" as
any individual,public or private corporation,political subdivision, government agency, authority,
department or bureau of the State, municipality, industry, partnership, association, firm, trust,
estate or any other legal entity whatsoever.
ENFORCEABLE PROVISIONS OF LAW
4. ECL Article 27 addresses the collection, treatment, and disposal of refuse and other solid wastes
in New York State; and
5. Title 7 of ECL Article 27 addresses solid waste management and resource recovery facilities; and
6. 6 NYCRR §360.9(a)(1) states "Except as provided in sections 360.4 and 360.14 of this Part, a
person or persons must not: construct or operate a facility, or any phase of it,except in accordance
with a registration or a permit issued by the department"; and
7. 6 NYCRR §360.9(b)(3) states "Person(s) must not: dispose of waste, beyond initial collection,
except at: a disposal facility exempt.from the requirements of Part 360 or 363 of this Title; or a
disposal facility authorized by the department to accept the waste"; and
8. ECL §71-2703(1) states, "Any person who violates any of the provisions of, or who fails to
perform any duty imposed by title 3 or 7 of article 27 of this chapter or any rule or regulation
promulgated pursuant thereto, or any term or condition of any certificate or permit issued pursuant
thereto, or any final determination or order of the commissioner made pursuant to this title shall
be liable for a civil penalty not to exceed seven thousand five hundred dollars ($7,500) for each
such violation and an additional penalty of not more than one thousand five hundred dollars
($1,50.0) for each day during which such violation continues; to be assessed by the commissioner
after an opportunity to be heard ..."
FACTUAL BACKGROUND
9. The. Site had been historically mined without Department authorization by prior owner Robert
Schroeder Jr. ("Schroeder"); and
10. Schroeder caused or allowed the stockpiling of contaminated Construction and Demolition debris
("C&D") on the property;and
11. Onsite estimates showed that up to two thousand five hundred(2,500) cubic yards("CY")of C&D
had been stockpiled onsite; and
12. Further, Department staff identified a three hundred seventy-five (375) CY stockpile of sand
commingled with coal, resembling dredge spoils, consisting of soil, natural stones, asphalt,
concrete, slag, coal fiagments, and incidental amounts of glass, ceramic, and tile; and
13. On or about December 29, 2016, Department staff photo documented same; and
14. On or about August 1, 2018, Department staff visited the Site and observed that approximately
hundred seventy-five 375 CY of dredge spoils and two thousand five hundred 2,500 CY of mixed
C&D were stockpiled at the Site; and
15. The Department issued a Notice of Violation("NOV")dated October 4,2018 to Schroeder which
detailed the violations observed at the Site; and
16. On or about , ite ownership transferred to Respondent.
VIOLATIONS
17. The disposal of approximately three hundred seventy-five (375) CY of dredge material and two
thousand five hundred (2,500) CY of.C&D solid waste at the Site is a violation of 6 NYCRR
§360.9(a)(1) (aka 6 NYCRR §360-1.5 prior to November 4, 2017).
18. The acceptance of regulated solid waste and/or C&D at the Site without a Department permit or
registration is a violation of 6 NYCRR §360.9(a)(1) (aka 6 NYCRR §360-1.7 prior to November
4,2017).
KENNETH McEVOY, 0RDER 0N CONSENT—PAGE 2 OF 9
19. Respondent agrees to take affirmative steps to prevent future violations of ECL Article 27 and 6
NYCRR and the associated rules and regulations; and
20. Respondent affirmatively waives their rights to a hearing on this matter as provided by law,consent
to the issuing and entering of this Order, and agree to be bound by the provisions, terms and
conditions contained herein.
NOW,having considered this matter and being duly advised,IT IS ORDERED THAT:
I. Cease and Desist. Respondent shall cease and desist from further violations of any provision of
the ECL and implementing regulations, more particularly ECL Article 27 and Part 360 of 6
NYCRR.
TI. Compliance: Respondent shall immediately comply with all state and local solid waste-related
laws,rules and regulations, including Appendix A attached hereto. This Order. on Consent is not a
permit, or a modification of any permit,under any federal, State; or local laws or regulations.
Unless otherwise allowed by statute or regulation; Respondent is responsible for achieving and
maintaining complete compliance with all applicable federal, State, and local laws, regulations,
and permits.Respondent's compliance with this Order on Consent shall be no defense to any action
commenced pursuant to any laws,regulations, or permits, except as set forth herein.
III. Civil Penalty. That with respect to the cited violations, there is hereby imposed upon the
Respondent a total penalty in the amount of FIVE DOLLARS ($5,00.0), of which the sum FIVE
THOUSAND DOLLARS ($5,000) shall be suspended provided that Respondent strictly adhere to
the terms and conditions outlined in this Order, including the Appendix A Compliance Schedule
annexed hereto.
*NOTE:The signed/notarized Order on Consent must be mailed to the region with any penaltypayment simultaneously
mailed to DEC Albany(unless paid electronically).
IV.Submissions. The Order on Consent, along with any applicable reports and submissions required
in this Order and Appendix A as annexed hereto shall be made to Region One, New York State
Department of Environmental Conservation, 50 Circle Road, Stony Brook University, Stony
Brook,NY 11790-3409,one copy each to the attention of Regional Solid Waste Engineer,Division
of Materials Management and to the Regional Attorney at the same address. All communications
will be considered submitted on the date of deposit with the U.S. Postal Service or delivery to a
recognized carrier service.
V. Reservation of Rigbts. The Department reserves its right to require that Respondent undertake any
additional measures required to protect human health or the environment. The Department further
reserves all its legal, administrative and equitable rights arising at common law, to protect human
health or the environment, or as granted to it pursuant to statue or regulation, including, but not
limited to, any summary abatement powers of the Commissioner. This Order on Consent does not
bar, diminish, adjudicate or in any way affect the Department's rights or authorities, except as set
KENNETH McEVOY, ORDER ON CONSENT—PAGE 3 OF 9
forth in the Order on Consent, including but not limited to; exercising summary abatement powers
of the Commissioner.
VI. Force Ma'eure. If Respondent cannot comply with a deadline or requirement of this Order on
Consent, because of natural disaster, Federal or State declared national or state emergency based
on an epidemic or pandemic, war,terrorist attack, strike,riot,judicial injunction, or other, similar
unforeseeable event which was not caused by the negligence or willful misconduct of Respondent
and which could not have been avoided by the Respondent through the exercise of due care,
Respondent shall apply in writing to the Department within a reasonable time after obtaining
knowledge of such fact and request an extension or modification of the deadline or requirement.
Respondent shall include in such application the measures taken by Respondent to prevent and/or
minimize any delays.Failure to give such notice constitutes a waiver of any claim that a delay is
not subject to penalties. Respondent shall have the burden of proving that an event is a defense to
a claim of non-compliance with this Order on Consent pursuant to this subparagraph.
VI. Default of PUment. The penalty assessed in the Order on Consent.constitutes a debt owed to the
State of New York.Failure to pay the assessed penalty, or any part thereof, in accordance with the
schedule contained in the Order on Consent,may result in referral to the New York State Attorney
General for collection of the entire amount owed (including the assessment of interest,' and a
charge to cover the cost of collecting the debt), or referral to the New York State Department of
Taxation and Finance,which may offset by the penalty amount any tax refund or other monies that
may be owed to you by the State of New York. Any suspended and/or stipulated penalty provided
for in this Order on Consent will constitute a debt owed to the State of New York when and if such
penalty becomes due.
VIII. Modification. In those instances in which Respondent desires that any of the provisions, terms or
conditions of this Order be changed, they shall make written application, setting forth the grounds
for the relief sought, to the Commissioner, c/o Regional Attorney, 50 Circle Road, Stony Brook
University, Stony Brook, New York 11790-3409, and shall include the Case number and the
named Respondent. No change or modification to this Order shall become effective except as
specifically set forth in writing and approved by the Commissioner or a duly authorized
representative.
IX. Access. For the purpose of monitoring or determining compliance with this Order, employees and
agents of the Department shall be provided access to Respondent's, or Respondent's successors',
facility to inspect and/or perform such tests as the Department may deem appropriate, to inspect
and/or copy such records owned, operated, controlled or maintained by Respondent, or to perform
any other lawful duty or responsibilities, related to the requirements of the Order on Consent
without prior notice of such inspection.
X. Inderan ity. Respondent shall indemnify and hold harmless the Department,the State ofNew York,
their representatives, employees, and agents for all claims, suits, actions, damages, and costs of
every name and description arising out of or resulting from the fulfillment or attempted fulfillment
New York State Finance Law§18.
KENNETH WEVOY, ORDER ON CONSENT—PAGE 4 OF 9
of the provisions presented hereof by the Respondent,their directors,,officers,employees,servants,
agents, successors, or assigns.
XI. Fai lure Default and Violation of Order. The failure of Respondent to comply with any provision
of this Order shall constitute a default and a failure to perform an obligation under this Order and
shall be deemed to be a violation of both this Order and the ECL. Respondent's failure to comply
fully and in timely fashion with any provision, term, or condition of this Order shall constitute a
default and a failure to perform an obligation under this Order and under the ECL and shall
constitute sufficient grounds for revocation of any permit,license, certification,or approval issued
to the Respondent by the Department.
XII. Future Com Hance. Respondent shall conduct all state and local solid waste management related
activities in strict conformance with Federal and New York State laws and regulations. For the
purpose of ensuring compliance with this Order, duly authorized representatives of this
Department shall be permitted access to Respondent's place of business during reasonable hours,
in order to inspect and/or require such tests as may be deemed necessary to determine the status of
Respondent's compliance herewith.
XIII. Binding Effect. The provisions, terms, and conditions of this Order, including.Appendix A, shall
be deemed to bind Respondent and Respondent's officers,directors,agents,employees, successors
and assigns and all persons, firms and corporations acting under or for them, including, but not
limited to those who may carry on any or all of the operations now being conducted by Respondent,
whether at the present location or at any other in this State.
MV. Collection C'ostsl" "ees. Respondent's failure to pay any penalty amounts due under the terms of
this Order may result in a 22% surcharge in recovery costs and a potential tax refund offset by the
Department of Taxation and Finance.
XV. Effective Date. The effective date of this Order shall be the date upon which it is signed by the
Commissioner or the Commissioner's Designee on behalf of the Department.
XVI. Termination Date. This Order shall terminate only when all requirements of this Order are met
and approved by the Department.
XVI. Unforeseen Events. Respondent shall not suffer any penalty under any of the provisions, terms
and conditions hereof, or be subject to any proceedings or actions for any remedy or relief, if
Respondent cannot comply with any requirements of the provisions hereof because of an Act of
God, war, riot, or other catastrophe as to which negligence or willful misconduct on the part of
Respondent was not foreseen or a proximate cause, provided, however, that Respondent shall
immediately notify the Department in writing,when it obtains knowledge of any such condition
and shall request an appropriate extension or modification of the provisions hereof, Respondent
will adopt all reasonable measures to prevent or minimize any delay.
XVII. .Entire A eement. The provisions of this Order constitute the complete and entire Order issued to
the Respondent, concerning resolution of the violations identified in this Order.Terms, conditions,
understandings or agreements purporting to modify or vary any term hereof shall not be binding
unless made in writing and subscribed by the party to be bound,pursuant to Paragraph VIII of this
Order. No informal oral or written advice, guidance, suggestion or comment by the Department
regarding any report, proposal, plan., specification, schedule, comment or statement made or
KENNETH McEVOY, ORDER ON CONSENT—PAGE 5 OF 9
submitted by the Respondent shall be construed as relieving the Respondent of their obligations to
obtain such formal approvals as may be required by this Order.
Dated. 2022
Stony f3rookc, New York
BASIL SEGGOS
Commissioner
New York State Department of
Environmental Conservation
By.
CA 1nY A. HAAS, P
Regional Dig° or
KENNETH MCEVOY, ORDER ON CONSENT—PAGE 6 OF 9
Appendix A
Compliance Schedule
File No. R1-2022020744
Kenneth McEvoy
I. Conformance
Immediately, Respondent must cease and desist from any and all future violations of the
New York State Environmental Conservation Law and the rules and
regulations enacted pursuant thereto, and refrain from operating any solid
waste management.facility or otherwise undertaking any activity regulated
under ECL 27-0707 and 6 NYCRR Part 360 without first having obtained
the required authorization as required by ECL §27-0707 and 6 NYCRR
Part 360.
Respondent must cease acceptance of new waste at the Site, including
undertaking any solid waste management activities exempt under 6
NYCRR Part 360 during the implementation of the Site Cleanup Plan
required in Item II below.
II. Submittal and Im lementation of Site Cleanup Plan
Within thirty(30) days from Respondent must submit an approvable Site Cleanup Plan ("SCP")to the
the effective date of this Department,which must include the location(s) of the solid waste material
Order, at the Site, an estimate of the volume of the solid waste material by waste/
material type,and an implementation schedule.
The SCP must include:
• Removal of all waste;
Sites where waste will be sent to;
- Schedule for implementing the SCP with milestones for removing waste
from the Site on a weekly basis;
Site preparation activities.
Respondent may process waste to meet beneficial use requirements of 6
NYCRR §§360.12 and 13 or to allow for additional disposal options.
However,this does not authorize Respondent to keep such material onsite.
Any waste that does not meet beneficial use requirements must be sent to
an authorized disposal facility.
Upon Department approval of Respondent must implement the SCP and remove no less than two
the SCP, hundred fifty 250 cubic yards of material er week.
Every Wednesday, from the Respondent must submit a summary of all solid waste loads removed..
commencement of the These summaries must cover the previous calendar week(Sunday through
implementation of the SCP Saturday)and include the following information: type of material, quantity
until all of the required records of material;name of destination, address of destination.
are submitted to the
satisfaction of the Department,
KENNETH McEVOY, ORDER ON CONSENT—PAGE 7 OF 9
The first business day of the Respondent must submit disposal tickets and tracking documents for all
month,until. all disposal solid waste materials disposed during the previous calendar month.
tickets:and tracking documents
are submitted,
Within one hundred eighty Respondent must have all waste,both processed and unprocessed,
(180) days from Department removed from the Site and sent to the sites listed in the SCP. If
approval of the SCP, Respondent wishes to send waste to sites not identified in the SCP,
Respondent must first receive Department approval.
Ili. Submittals
-
Electronic copies of all submittals shall be submitted in PDF format to rl dmm@dee.ny.gov.
Hard copies of all submittals required under this Order shall be provided to the below addresses;
Regional Materials Management Engineer
New York State Department of Environmental Conservation
50 Circle Road
SUNY @ Stony Brook
Stony Brook,NY 11790
Regional Attorney
New York State Department of Environmental Conservation
50 Circle Road
SUNY @ Stony Brook
Stopy Brook,NY 11790
Note: "Approvable"as used in this Order shall mean approvable by the DEC with minimal revisions. "Minimal revision"shall
mean that Respondent incorporates all revisions required by the.DEC and resubmits the plan for approval within fifteen(15)
calendar days after receipt of the written comments.by the DEC. "Full compliance" shall mean(1)Respondent has given full
and complete responses to DEC's requests,if any,for additional information;and(2)Respondent has not violated any term of
this Order or Compliance Schedule,Appendix A,attached thereto.
KENNETH WEVOY, ORDER ON CONSENT—PAGE 8 OF 9
CONSENT BY INDIVIDUAL
R I-2022.02.07-44
Respondent,Kenneth M r.r y, hereby consents to the issuance of the foregoing order without further
notice, waives its right to a hearing herein, and agrees to be bound by the terms,provisions, and
conditions contained herein.
By:
Name:_ Kenneth McEtor M EA Vt
Title:
Date: /o
Email: lyla
CK CZ)
�
Acknowledgment
STATE OF NEW YORK )
ss:
COUNTY OF SUFFOLK )
On the day of , in the year 2022, before me, the undersigned, personally appeared
Kenneth McEvoy,personally known to me or proved to me on the basis of satisfactory evidence to be the
individual whose name is subscribed to the within instrument and acknowledged to me that he/she/they
.executed the same in his/her/their capacity, and that by his/her/their signature on the instrument, the
individual, or the person upon behalf of which the individual acted, executed the instrument.
Notary Public
If you are unable to secure notarization,you must sign the statement below.
In signing this document, I acknowledge under penalty of perjury that I understand the contents and
purpose of this document; the signature above is my own and I signed willingly. I have also submitted
state-issued identification verifying my identity. I am aware .that any false statement made herein is
punishable as a class A misdemeanor pursuant to section 210.45 of the Penal Law of the State of New
York.
Signature
e
Printed name
KENNETH WEVOY, ORDER ON CONSENT—PAGE 9 OF 9
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Division of Materials Management, Region 1
SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790
P:(631) 444-0375 1 F:(631)444-0231
www.dec.ny.gov
November 14, 2023
Kenneth McAvoy
367 Lake Avenue
St. James, NY 11780
Re:7505 SANDLOT LLC - Cutchogue
CDDHRF - uncontaminated soil sand gravel rock - registration Registration # 52C60405
CDDHRF - concrete, rock, brick, asphalt pavement or millings -registration Registration # 52C10405
Dear Kenneth McAvoy:
Enclosed is the validated copy of your 6 NYCRR Part 360 registration, which becomes effective on
November 14, 2023 and expires on November 13, 2028.
This letter only acknowledges receipt of your registration form and does not, in any way, verify that the
information which you provided on the form is true or correct.
You are reminded that 6NYCRR Part 360 contains various requirements that must be followed to
warrant your facility's continued status as a registered facility. A list of general requirements for a
registered facility described in Section 360.15, as well as additional requirements of specific registration
types, may be viewed online at https://www.dec.ny.gov/regs/2491.htmi. You are required to keep
appropriate records regarding the use of the facility in order to accurately file an annual report as required
by Paragraph 360.19(k)(3).
This registration does not exempt or preclude you from complying with any other applicable federal,
state, or local laws, rules or regulations. If you have any questions regarding this matter, please contact
Andrew Oskowsky of my staff at the above telephone number.
Sincerely,
Digitally signed by Syed H.
Rahman
Date:2023.11.1415:18:19-05'00'
Syed H. Rahman, P.E.
Regional Materials Management Engineer
Enclosure
DIVISION OF MATERIALS MANAGEMENT
A Ft4r
Conservation
REGISTRATION FOR A SOLID WASTE MANAGEMENT FACILITY
THIS IS NOT A UPA PERMIT
DATE ISSUED:11/14/2023
DATE EXPIRES:11/13/2028
1. FACILITY 2. FACILITY OWNER
7505 SANDLOT LLC Kenneth McAvoy
7505 Cox Lane 367 Lake Avenue
Cutchogue St. James
Suffolk (county) NY 11780
(631)291-3456 (631)291-3456
3. FACILITY OPERATOR 4. SITE OWNER
7505 SANDLOT LLC Kenneth McAvoy
7505 Cox Lane 367 Lake Avenue
Cutchogue St. James
NY 11935 NY 11780
(631)291-3456 (631)291-3456
5. REGISTERED ACTIVITY
Types Authorized Waste
CDDBRF-uncontaminated soil sand gravel rock-registration Soil(Clean)-must be direct from the site of excavation,
(52C60405) and cannot originate from New York City.
[361-5]
CDD -concrete,rock,brick,asphalt pavement or millings- Concrete,Brick,Rock-this material must not include asphalt or soil.
registration (52C10405)
[361-5]
Maximum Throughput Limit: 100 tons/day of concrete/brick/rock, 100 tons/day of soil,less than 3,000 cubic yards/year of yard trimmings
Slo age:4,600 cubic yards of concrete,brick,and rock,including recycled aggregate,with no more than 2,600 cubic yards unprocessed;6,000
'cubic yards of soil,including topsoil;3,000 cubic yards of yard trimmings and compost; 1,000 cubic yards of tree debris and 3,000 cubic
yards of rrrulch
6. OPERATIONS SCHEDULE - Normal schedule of operation 7. NAME(S) OF ALL MUNICIPALITIES SERVED - Suffolk(Co),
5:00 AM-6:00 PM Monday through Saturday Nassau(Co),New York City
This registration does not exempt orpreclude you from complying with any other applicable federal,state,
or local laws, rules or regulations.
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6/12/24, 12:17 PM Town of Southold,NY Transfer station special permit.
Town of Southold, NY
Wednesday, June 12, 2024
Chapter 233. Solid Waste
Article I. Garbage, Rubbish and Refuse
§ 233-6. Transfer station special permit.
[Added 5-22-2007 by-L.L. No. 13-2007111]
A. A permit application shall be made on the form prescribed by the Town Clerk and accompanied by a
fee of$250. A permit issued pursuant to this section is not transferable and shall run for the same
duration as a permit for the same transfer station issued by the New York State Department of
Environmental Conservation.
B. No permit shall be granted unless the applicant can produce a valid transfer station operating
permit issued by the New York State Department of Environmental Conservation for the proposed
site and further demonstrate that the proposed transfer station is consistent with the Town's solid
waste management plan. The terms of the permit may be reviewed by the Town Board from time to
time to ensure that the operation is consistent with the Town of Southold solid waste management
plan.
C. The grant of a permit shall bind the applicant to provide the Town of Southold with the following
information on an annual basis:
(1) Gross tons of mixed solid waste and recyclables received.
(2) Gross tons of recyclables removed from solid waste delivered.
(3) Net tons of nonrecyclable solid waste reloaded onto vehicles for disposal.
(4) Aggregate tonnage of all mixed solid waste and recyclables delivered to the facility, and the
origin, by Town, of such tonnage.
D. Prior to the issuance of a permit for a transfer station, an application for site plan approval shall be
reviewed by the Planning Board of the Town of Southold. The Planning Board shall review the
action under 6 NYCRR Part 617 of the State Environmental Quality Review Act, and such review
process shall be complete prior to the issuance of a permit under this section. Failure to comply
with the terms of an approved site plan shall constitute grounds for immediate revocation of this
permit.
E. No permit shall issue until the applicant has submitted a route plan acceptable to the Town Board
designed to indicate that traffic generated by the facility will have a minimal impact on residential
streets.
F. The grant and acceptance of this permit shall constitute consent to allow inspection of the premises
by the Town of Southold for the purpose of ensuring compliance with the permit. Inspection shall be
upon reasonable prior notice to the permit holder.
G. All trucks entering the facility containing materials for transfer must be covered.
H. An emergency response plan acceptable to the Town Board shall be submitted, which may be
referred to local emergency responders for comment and input.
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6/12/24, 12:17 PM Town of Southold, NY Transfer station special permit.
I. No permit shall issue until the Town Board has held a public hearing on the application, with at least
10 days' notice provided to the public.
J. The Town Board may approve, approve with conditions, or deny an application for a transfer station
permit. The Town Board may impose such conditions or safeguards on the issuance of the transfer
station permit to ensure that the proposed operation shall not have an adverse effect on the
environment, the character of the area or the general welfare of the Town.
K. Nothing in this section shall exempt an applicant or facility from compliance with zoning or other
requirements of the Town Code.
L. No building permit shall be issued until the Town Board and the Planning Board issue approvals.
[1] Editor's Note: This local law also provided for the renumbering of former§§233-6 and 233-7 as§§233-7
and 233-8, respectively.
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