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HomeMy WebLinkAboutStipulation of Settlement w/NYS 1994;Variance Applications 1995;EH variances; Atty updates to TB 94-96 j SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK . X THE TOWN OF SOUTHOLD, Petitioner, Index No. 91-19050 against - Justice Werner THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION OF THE STATE OF NEW YORK, Respondent. . . . . . . . . . . . . . . . . . . . X STIPULATION OF SETTLEMENT IT IS HEREBY STIPULATED AND AGREED by and between the parties herein (i.e. , the New York State Department of Environmental Conservation ("DEC, " "Department, " "NYSDEC") and the Town of Southold ("Town") as follows: 1. The above-referenced Article 78 proceeding, together with the Administrative proceedings presently pending against the Town, "bearing Department of Environmental Conservation No. 1- 4020, is settled in accordance with the terms set forth below and in the "Compliance Schedule" attached hereto as Attachment 1 with Appendices and agreement attached hereto as Attachment 2 and incorporated by reference herein. All the terms and conditions of the Compliance Schedule attached hereto as Attachment 1 with Appendices and the DEC-approved portions of the Agreement attached hereto as Attachment 2 are the essence of this Stipulation. 2. . This proceeding as well as the pending administrative ,,: proceedings shall be discontinued with prejudice without costs ° ►id disbursements awarded to any party on the terms and 1 conditions set forth at Paragraphs 1 and 3 through 7, herein. 3 . On October 8, 1993, the Town ceased the landfilling of any wastes at the Cutchogue solid waste management facility. The Town will not landfill any wastes at the Cutchogue solid waste management facility in the future, except for cover materials approved by the DEC, which approval will not be unreasonably withheld. This last sentence shall not prohibit the Town from continuing other solid waste management Activities that are permitted or approved by the DEC at the Cutchogue solid waste management facility. 4. The parties agree that this Stipulation settles, among other things, all operational violations of the Part 360 regula- tions applicable to the Cutchogue Landfill and the Fishers Island Metal Dump, whether asserted or not asserted by the DEC in the administrative proceedings recited above, through the execution hereof. This does not foreclose, however, the DEC from pursuing any action within its authority and jurisdiction to enforce violations arising at the site after the execution hereof. 5. The parties hereby acknowledge that this Stipulation is in full satisfaction of any and all claims each has raised or could have raised against the other through the date of the signature hereof with regard to the operation of the Cutchogue Landfill under Article 27 of the New York State Environmental Conservation Law ("ECL") and 6 NYCRR 360 or any claims related thereto. 6. This Stipulation may be so ordered by the Court without 2 further notice from one party to the other. It may thereafter be enforced as a judgment of the Supreme Court of the state of New York. The parties agree that this Stipulation may, alternatively, be enforced in an administrative proceeding instituted by the DEC. 7. This Stipulation is referred to as "Order" in Attachments 1 and 2, hereto. Dated: Stony Brook, New York 1994 G. Oliver Koppell Langdon Marsh Attorney General of the Commissioner, New York State State of New York Department of Environmental Attorney for Respondent Conservation New York State Department of Law 120 Broadway New York, New York 10271 By: Ray E. Cowen, P.E. Regional Director By. Gregory J. Nolan Assistant Attorney General Frank Isler Town of Southo d As Counsel for the Town of Southold Smithfng in, Lundberg, Islerski By: ` 456 Gnue homas Wickham Riverork 1 90 Supervisor By: er SO ORDERED AND ENTERED, HONORABLE M.M. WERNER, J.S.C. 3 ATTACHMENT I Town of Southold Compliance Schedule I. GENERAL REQUIREMENTS A. Payments. 1. There is hereby imposed upon the Town a civil penalty in the sum of Six Hundred Fifty Thousand ($650,000) Dollars, Twenty Five Thousand ($25,000) Dollars of which shall be paid on or before June 1, 1995. 2. The remaining $625,000 of the civil penalty shall be suspended, conditioned upon the Town's payments as described below: (a) To the State University at Stony Brook (hereinafter "SUNY") , East End Environmental Camp Program at the Baiting Hollow Boy Scout Camp in Wading River in the Town of Riverhead (hereinafter "Project") : c (i) Forty Five Thousand ($45,000) Dollars on or before February 1, 1995. Notice of such deposit shall be given to the NYSDEC by March 1, 1995. (ii) Thirty Thousand ($30, 000) Dollars on or before June 1, 1995. Notice of such deposit shall be given to the NYSDEC by June 15, 1995. (iii) Fifty Five Thousand ($55,000) Dollars on or before February 1, 1996. Notice of such deposit shall be given to the NYSDEC by February 15, 1996. (iv) Thirty Thousand ($30,000) Dollars on or before the first day of February for five (5) years commencing February 1, 1997. In the event of a default in any payment, the NYSDEC reserves the right to declare the entire balance to be due. (v) The parties hereto agree that these monies shall be used to establish and maintain the East End Environmental Education Camp to be independently operated by SUNY, in accordance with the agreement entered into simultaneously herewith among the Towns of Riverhead, Southold and East Hampton and SUNY, a copy of which is annexed hereto and made a part hereof as Attachment No. II. It is acknowledged that the Towns' sole responsibility with respect to the project is to provide the funds as set forth in paragraphs 2 (a) hereof. (b) To the East End Economic and Environmental Institute for 1 1 use in the Institute's project relating to the preservation and protection of natural resources and the environment as follows: (i) $55, 000 on or before February 1, 1995. Notice of such deposit shall be given to the NYSDEC by February 15, 1995. (ii) $45,000 on or before June 1, 1995. Notice of such deposit shall be given to the NYSDEC by June 15, 1995. (iii) $70,000 on or before February 1, 1996. Notice of such deposit shall be given to the NYSDEC by February 15, 1996. (iv) $35,000 on or before the first day of February for five (5) years commencing February 1, 1997. In the event of a default in any payment, the NYSDEC reserves the right to declare the entire balance to be due. All projects must be submitted to the Department and approved by the Department prior to any monies being expended upon them. In addition, annual reports shall be submitted to the Department by the Towns, beginning on December 15, 1995 and continuing until all monies provided hereunder have been expended, setting forth the status and accomplishments of the DEC-approved projects and expenditures thereon. The projects are described in a proposal from Cornell Cooperative Extension to the Institute and include (A) organic pesticide demonstration and testing; (B) agricultural composting demonstration' and testing; (C) pest management research; (D) wetland restoration projects; and (E) other projects as may be chosen by the Institute, the implementation of which shall be subject to the review and approval of the NYSDEC, which shall not be unreasonably withheld. (c) In the event that SUNY is unable to continue to operate the project for any reason whatsoever, the parties agree to use their best .efforts to find an alternative independent contractor to replace SUNY. In the event, however, that the monies are not used for a period in excess of two (2) years, the monies being held in escrow, together with the monies subsequently paid into that account pursuant to the schedule in subparagraph 2 (a) , above, shall be paid by the escrow agent to an alternative recipient or recipients to be proposed by the Towns and approved by the Department. Upon the Department's approval, the escrow account must be modified accordingly. (d) The Town's agreement with SUNY shall require the establishment of an escrow account by SUNY in which the amounts referred to in 2 (a) above shall be paid, provided, however, that any expenditure from the escrow account must be pre-approved by the Department. The Town's agreement. with SUNY must also provide that an accounting of the escrow account must be provided to the NYSDEC by the 15th of each month beginning February 15, 1995. (e) The Regional Attorney for Region one of the Department shall have 2 authority to approve expenditures from the escrow account to be established by SUNY. (f) The DEC is not a party to the Agreement attached hereto as Attachment 2, but hereby approves Paragraphs 2-11, thereof. 3. Failure by the Town to comply with any provision of this Order, and the Attachments attached hereto and made A part hereof, including any appendices thereto and the requirement's of all approved work plans and associated approved implementation schedules, shall constitute a default and violation of this Stipulation, which shall subject the Town to the following stipulated penalties for each violation of the Order, without further administrative or judicial adjudication: Day 1 through 45 for each violation: $300 penalty per day. Day 46 and thereafter for each violation: $1,000 penalty per day. 4. All stipulated penalties and payments assessed pursuant to this section shall become due and owing on the 15th calendar day after receipt by the Town of written notice of determination from the NYSDEC. 5. Beginning fifteen (15) calendar days after the date of such notice, the Town shall pay interest on the penalty at the annual rate of nine percent on the overdue amount from the_ day on which it was due through, and including, the date of payment. 6. All penalties shall be paid by certified check or money order, made payable to the "New York State Department of Environmental Conservation" and delivered personally or by certified mail, return receipt requested: c/o Lori Riley, Esq. , Regional Attorney, Department of Environmental Conservation, Building 40, S.U.N.Y. Campus, Stony Brook, NY 11790-2356. B. Environmental Monitoring. Within thirty (30) days of the execution of this Order, the Town shall pay to the NYSDEC, the sum of $10,000 to be- placed in an account for the NYSDEC environmental compliance monitoring activities for the Town's facilities, landfill compliance and closure activities and compliance with this Order. This sum will be used toward payment of the first year costs for such activities, which sum shall be subject to quarterly revision by the NYSDEC. Subsequent quarterly invoices shall be submitted to the Town to maintain an account balance sufficient to meet the next nine months' projected expenses. This nine months advance account shall be made in accordance with the following provisions: 1. Quarterly invoice costs to be covered by this fund include: 3 (a) Direct personal service costs and fringe benefits of .the environmental monitor(s) and full-time supervisor(s) , including the cost of replacement personnel for the person(s) regularly assigned to these positions. (b) Direct non-personal service costs, including but not limited to purchase or lease of a vehicle and its full operating costs, equipment travel, training, supplies and materials, and any appropriate chemical sampling and laboratory analysis fees. (c) Inflation and negotiated salary increases. (d) Overhead and indirect support costs at the annually calculated indirect cost rate. 2. The NYSDEC may revise the required quarterly amount which revision may take into account factors such as inflation, salary increases, accrued interest to be applied to the balance, changes in operation hours and procedures, the need for additional or fewer on- site monitors and supervision of such monitors by full-time monitor* supervisors. The Town may seek information from the Department as to the reason for any such revision, and such infor-mation shall not be unreasonably withheld. It is understood by the parties hereto that the sum of Ten Thousand ($10,000) Dollars is based on the provision of funding for 10% of the cost as described above -of one environmental monitor position. Any quarterly revision to this amount will be based on this same type of calculation. 3. Within thirty (30) calendar days after receipt of a -quarterly statement/invoice from the NYSDEC, the Town shall forward the amount due to the NYSDEC at: NYS Department of Environmental Conservation, Room 608, 50 Wolf Road, Albany, New York 12233-1510, Attention: Director, Environmental Monitors. Payments are to be in advance of the period in which they will be expended. 4. Upon termination of this Order and payment of any outstanding costs, the unexpended balance, including interest, will be returned to Respondent.lfpon DEC approval of the Closure Certification Report for the landfill(s) , the environmental monitor amount will be reduced, commensurate with expected future costs of environmental monitoring pursuant to this paragraph I.B. 5. Failure to submit timely payments shall be considered a violation of this Order which may be enforced pursuant to the terms of this Order and/or as otherwise provided by law. 6. The obligation under this Section (I.B. ) shall terminate if a change in- law occurs such that a monitor for this subject facility would no longer be required by law and/or regulation. 7. The Town shall not be liable -for any costs pursuant to this paragraph . I.B. in excess of an annual amount of thirty thousand 4 ($30, 000) Dollars. C. Modification to Schedule Dates The parties hereto recognize that implementation may be subject to compliance with, among other things, the competitive bidding requirements of the General Municipal Law. The parties further recognize that delays may result in awarding contracts and implementation of contracts when such bidding process is required. If any such delay occurs due to the. bidding require- ment, the Town may make application to the Department for a modification of the schedule dates herein, provided that the Town requests such modification at least ten (10) business days prior to the date for which it is sought, and that said request provide justification for the modification sought, including a showing that the delay was due to circumstances beyond the Town's control. If such a modification request is made, the modification requested shall not be unreasonably withheld by the Department. This is not intended to limit to any extent the Town's right to apply for variances, waivers or modifications as provided elsewhere in this agreement or under Part 360. c D. 360 Applicability Unless otherwise specifically noted herein; the closure and post,- closure requirements of the 360 regulations in effect on October 8, 1993, shall apply to this Compliance Schedule. However, should the closure and/or post-closure requirements subsequently be amended or revised so as to be less costly or onerous -to the Respondent, the Respondent, at its sole option, can elect to proceed in compliance , with the updated requirements. E. Request for Variance, Modifications, Waivers The Town may submit in writing to the Department bona fide requests for modifications of the time deadlines included in the "Technical Requirements" (Section II, below) of this Compliance Schedule, as well as variances, modifications or waivers under §360- 1.7 (c) , of any substantive Part 360 requirement. A bona fide request under this paragraph is defined as one which has been previously discussed with the Department's technical staff and been deemed, in writing, by such staff, to be technically complete and approvable regardless of staff's opinion as to whether or- not it will ultimately be approved on the merits. Any such variance, modification and/or waiver requests with regard to the provisions of II.B. below, will be submitted by the Town no later than ninety (90) days of. the Department approval of the CIR. The deadlines herein shall be suspended pending the Department's determination that the request is bona fide and its subsequent determination on the merits of any such bona fide request. Variance, modification or waiver requests may be submitted subsequent to ninety 5 (90) days after the Department's approval of the CIR, but the deadlines imposed herein shall not be suspended during the Department's review and determination of such a request'. As to requests for an extension of the time deadline(s) under this Order, if said requests are submitted in writing to the Department at least thirty (30) days prior to the subject deadline(s) , the subject deadline(s) will be suspended until the Department has rendered such a determination in writing. F. Landfill Closure Funding. The Department and the Town understand that interest-subsidized short and long-term loans are available through the Environmental Facilities Corporation to fund municipal landfill closure costs, and that, in particular short-term subsidized- interest loans may be available to cover landfill closure costs pending the availability of landfill closure grants under the Environmental Protection Fund. Any interest paid by the Town for loans pending Environmental Protection Fund grant authorization would qualify as grant eligible costs under the terms of the grant agreement and applicable legal requirements. c Further, the Department will take all necessary steps to facilitate development of financing arrangements, including expeditious review and approval of the Town's applications for funding under the Environmental Protection Fund that meet the requirements of the law and associated rules and regulations now being promulgated by the Department. The Town's relative position on the grant eligibility list will be based upon the date of application unless the application is subsequently disqualified. II. TECHNICAL REQUIREMENTS: A: General Recruirements Immediately, Respondent, having ceased operation of the Cutchogue Landfill on October 8, 1993, shall continue to maintain the Landfill in compliance with the requirements set forth in 6 NYCRR 360-1. 14 (w) and take the necessary steps to maintain the landfill in compliance with the cover requirements set forth in 6 NYCRR 360-2. 17 (d) . B. Landfill Closure Requirements: Within two (2) weeks of the Respondent shall submit to the date of the execution of this Department any and all of its Order, existing reports and data relative to landfill gas and 6 hydrogeologic conditions at the site. Within forty-five (45) days of Respondent shall submit to the the Department's written notifi- Department for its approval, an cation to Respondent that approvable workplan for the additional investigations and performance of such investiga- data, if any, are necessary with tions and gathering of such data. regard to methane gas and Said workplan shall include a hydrogeologic conditions at the proposed implementation schedule site, with implementation to commence within forty-five (45) days of Department approval of the workplan. Respondent shall complete implementation in accordance with the DEC approved workplan and schedule. Within one hundred and fifty Respondent shall submit to the (150) days of the completion Department, an approvable draft of the implementation of the Closure Investigation Report (CIR) above-referenced workplan, in compliance with 6 MYCRR 360-2. 15 or of the Department's deter- (a) . mination that no additional investigation or data is necessary, whichever is sooner, Within thirty (30) days of A final. approvable CIR incorporating receipt of DEC's comments DEC's comments shall be submitted by , on the draft CIR, Respondent to the Department for its approval. The Department-approved CIR shall be attached to and incorporated into this Compliance Schedule as Appendix A. Respondent shall perform such additional investigations as the Department determines necessary due to the analysis and conclusion in the CIR. In the event additional investigations are determined by the Department to be necessary, a schedule for these additional "Approvable" as used in this Order shall mean approvable by the ,Department with minimal revision. "Minimal Revision" shall mean that Respondents can incorporate all revisions required by the Department and resubmit the plan for Department approval within fifteen (15) calendar days after receipt of written- comments of the Department. 7 SOUTHOLD CLOSURE SUBMITTAL SCHEDULE [EFFECTIVE DATE: 10/5/941 DOCUMENT ACTIVITY DATE DUE DATE FILED SEND IN EXISTING DATA 10/19/94 WORKPLANS (IF REQUIRED) 45 DAYS FROM DEC RESPONSE DRAFT CLOSURE INVESTIGATION 150 DAYS FROM REPORT (CIR) COMPLETION OF WORKPLANS OR DEC RESPONSE FINAL CIR 30 DAYS FROM DEC COMMENTS RECLAMATION FEASIBILITY STUDY SIMULTANEOUSLY WITH FINAL CIR BUT NO LATER THAN 10/5/95 DEADLINE FOR SUBSTANTIVE 90 DAYS AFTER CIR VARIANCES STAYING SCHEDULE DRAFT CLOSURE PLAN (CP) 180 DAYS FROM DEC APPROVAL OF CIR FINAL CLOSURE PLAN (CP) 60 DAYS FROM DEC APPROVAL OF DRAFT CP IMPLEMENTATION OF CP 120 DAYS AFTER DEC APPROVAL OF CP CLOSURE CERTIFICATE REPORT 90 DAYS AFTER COM- PLETION OF ALL CONSTRUCTION FISHER ISLAND METAL DUMP 180 DAYS SUBMIT SPECS FOR REMOVAl ANY EXTENTION OF A DEADLINE MUST BE APPLIED FOR AT LEAST 30 DAYS PRIOR TO THE DEADLINE SOUTHOLD DEADLINES - MASTER LIST [EFFECTIVE DATE: 10/5/941 DATE DUE DOCUMENVACTIVITY RESPON. PARTY. IMMEDIATE RE'T'AIN CONSULTANT TO HANDLE TOWN BOARD COMPLIANCE IMMEDIATE APPLY FOR SHORT TERM LOAN FAI/CONSULTANT 10/19/94 SEND IN EXISTING DATA WHICH WILL CONSULTANT TRIGGER SUBMITTAL SCHEDULE (SEE ATTACHED) 11/4/94 $10,000 PAYMENT TOWN 11/15/94 CLEAN-UP PLAN TEMP. TRANSFER FAI STATION 12/5/94 LETTER RE MINING PERMIT AND FAI VARIANCE 2/1/95 $100,000 PAYMENT (SEE PAY. SCH). TOWN 4/5/95 SPECIFICATIONS FOR FISHER ISL. FAGAN ASSOC. METAL DUMP REMOVAL 6/1/95 $100,000 PAYMENT (SEE PAY. SCH). TOWN PERMANENT TRANSFER STATION/ CONSULTANT REGISTRATION/ALTERNATE PLAN 10/5/95 RECLAM. FEASIBILITY STUDY CONSULTANT 10/8/95 TEMPORARY TRANSFER STATION FAI/TOWN AUTHORIZATION EXPIRES 2/1/96 $125,000 PAYMENT (SEE PAY. SCH). TOWN 2/1/97 $65,000 PAYMENT (SEE PAY. SCH). TOWN 2/1/98 $65,000 PAYMENT (SEE PAY. SCH). TOWN 2/1/99 $65,000 PAYMENT (SEE PAY. SCH). TOWN 2/1/00 $65,000 PAYMENT (SEE PAY. SCH). TOWN 2/1/01 $65,000 PAYMENT (SEE PAY. SCH). TOWN ANY EXTENTION OF A DEADLINE MUST BE APPLIED FOR AT LEAST 30 DAYS PRIOR TO THE DEADLINE investigations will be mutually agreed to. Within one hundred and eighty Respondent shall submit to the (180) days from the Department Department an approvable draft approval of CIR or Respondent's Closure Plan (CP) in compliance completion of any additional 6 NYCRR Part 360-2. 15; said plan to investigations deemed necessary include an implementation schedule. by the Department, whichever is longer, Within sixty (60) days of Respondent shall submit a final the receipt of DEC comments approvable CP incorporating the on the draft CP, DEC's comments to the Department for its approval. The Department- approved CP shall be attached to and incorporated into this Compliance Schedule as Appendix B. Within one hundred twenty Respondent shall commence implemen- (120) days after the date of tation and complete it in accordance approval of the Closure Plan, with the Department-approved Closure Plan and Schedule. Within ninety (90) days after Respondent shall submit to the completion of all construction Department for its approval, an activities identified in the approvable Closure Certification , Department-approved CP, Report (CCR) , which shall include a written certification of individuals licensed to practice engineering in the .State of New York; that all construction activities identified in the Department-approved CP were undertaken in accordance with each requirement of 6 NYCRR Part 360 and this Order. The Department-approved CCR shall be attached to and incorporated into this Compliance Schedule as Appendix C. The Department specifically acknowledges that if the approved CP includes a landfill cap, the Town may apply for variances so that the cap meets the following minimum requirements: (1) a geomembrane barrier with a barrier protection layer of 12" of soil; (2) a 12" gas venting layer that has a maximum of ten (10%) per cent by weight passing through the #200 sieve after placement; 8 (3) a minimum final 6" layer composed of any material that can be shown to be able to continually support plant life. The Department acknowledges that based upon the facts as presently known, such variance applications, if they meet the applicable procedural standards, will be deemed bonafide as defined in I.E. above, and \absent extenuating circumstances revealed in the Department's review of the applications, will be acted upon favorably by the Department. As concerns any application for variances for ground and surface water monitoring for the landfill: (1) upon implementation of the DEC approved Closure Investigation Report in accordance with this Stipulation, and (2) upon implementation of complete baseline parameter monitoring one (1) year from the date of initial base- line monitoring in performance of, the approved hydrogeologic work plan and approved CIR, and (3) upon implementation of quarterly routine monitoring for two (2) years from the date of initial baseline monitoring in accordance with the approved Work Plans and approved CIRZ, the .Town may thereafter monitor ground and surface water semi- annually for routine parameters and every three (3) years for baseline parameters, unless monitoring reports reveal a contravention of applicable ground and/or surface water standards deemed material by the DEC in accordance with the following procedure. 2 In the event that the Town demonstrates that existing monitoring data satisfies all or part of the initial baseline and/or routine monitoring requirements of this variance, all or part of- the initial baseline and/or routine monitoring may be waived by the DEC. 9 If a new or increased contravention of ground and/or surface water standards is documented, the Town may demonstrate to the DEC that the contravention is non-material. If the Town does not snake this submission, such contravention will be deemed material. Upon such a demonstration and prior to requiring increased routine and/or baseline monitoring, the Department must find the contravention to be material by considering the following factors: (1) the toxicity or other hazard of the contravening substance(s) ; (2) the potential impacts to public health (including drinking water supplies) , the environment or natural resources threatened by the contravention; (3) whether the contravention may reveal a potential failure of the. landfill cap. Notwithstanding the procedure set forth in this paragraph, upon finding by the Department that the contraven- tion is material, the Town shall perform additional monitoring deemed necessary by the Department to , determine the scope and nature of pollution by the contravening substance(s) and associated substances pending resolution of any dispute that may arise regarding the Department's finding that the contravention is material. C. Solid Waste Management Plan (SWMP) Within one hundred andtwenty Respondent shall submit to the (120) days of receipt of DEC's Department, an approvable revised comments on the revised Solid draft of the Solid Waste Management Waste Management Plan (SWMP) , Plan (SWMP) which includes a Comprehensive Recycling Analysis (CRA) . Within thirty (30) days of Respondent shall submit an receipt of DEC's comments on approvable final SWMP to the the revised draft SWMP, Department. The Department-approved plan shall be attached to and incorporated into this Compliance Schedule as Appendix D. Upon approval of the SWMP Respondent shall implement the 10 by the Department, approved SWMP. D. Permanent Transfer Station Within two hundred and seventy The Town shall submit to the Depart- (270) days of the date of ment, a complete and approvable execution of this Order, application for one of the following alternatives: (1) a permit pursuant to 6 NYCRR Part 360 for the operation of a solid waste management facility for the collection at and transportation from the site of municipal solid waste generated within the Town; (2) registration pursuant to Part 360 for the type of facility described above in #II; and/or (3) an alternative plan for the disposal of waste. E. Reclamation Within twelve (12) months The Town, at its sole option and of the date of execution of discretion, shall have the right to this Order, investigate the feasibility of complete and/or partial reclamation of the facility pursuant to 360-2.18, effective October 9, 1993, as a partial or complete alternative to closure and shall have submitted:to the Department, an approvable Feasibility Study Report. Within' three (3) months of The .Town shall have submitted to the , the Department's approval Department for its approval, an of the Feasibility Study approvable reclamation workplan with Report, with findings that an implementation schedule. Upon reclamation is feasible, Department approval of the reclama- tion workplan, it shall be imple- mented by the Town in accordance with the approved plan and shall be attached to and become incorporated into this Schedule as Appendix E. Upon DEC approval of the reclamation plan, the Town shall have the right to seek a modification of the deadlines in this schedule for tasks in the Closure Plan Implementation which may be impacted by reclamation. The Town shall not be held in default under this schedule if they are waiting for a response from DEC to their request for such a modification after DEC approval of a reclamation plan, nor shall the Town be held in default under this schedule if they have submitted an approvable feasibility study report in 11 accordance with this schedule and have not yet received a Department decision on it. DEC's approval of any such modification request shall not be unreasonably withheld. It is understood herein that this option is to be explored by the Town concurrently with the time frames in this schedule, and not as a substitute for them, until such time as a reclamation plan is approved by the Department. F. Fishers Island Metal Dump Closure Requirements Within one hundred and eighty The Town, shall submit to the Depart- (180) days of the date of ment for its approval, an approvable execution of this Order, Closure Plan or approvable specifications for total waste removal, with implementation schedule, identifying the method of closure of the Metal Dump. The Town shall implement the closure plan as approved by the Department. G. Reclamation of Mined Area Within sixty (60) days of Respondeat shall submit a revised the date of execution of updated approvable reclamation plan this Order, for the- _+5 acre mined area of the Cutchogue Landfill in letter form. Said plan shall include a request for a variance from the 25 foot buffer requirement, which variance will be acted upon favorably by the Department, absent extenuating circumstances revealed in the Department's review of the application letter; a minimum 1:2 slope to be established and definitive narrative statement as to the proposed land use objective. Said plan shall include a timetable with reclamation to be completed no later than one (1) year from its initiation. The Town shall implement the plan as approved by the Department. The Department hereby acknowledges that the Town has submitted a mining and reclamation plan in December, 1987. 12 ATTACHMENT II AGREEMENT, made and entered into this day of October 1994 by and between the Towns of Riverhead, Southold and East Hampton ("Towns") , and the State University of New York at Stony Brook ("SUNY'.') on behalf of its Center for Excellence and Innovation in Education, who will work in conjunction with the Marine Sciences Research Center. The parties to this agreement hereby agree that: 1. The Towns hereby retain the services of SUNY for purposes of developing, implementing and operating the East End Environmental Camp (the Project) , which is more fully described below. 2. Within ninety (90) calendar days after execution of this Agreement, SUNY shall submit to the New York State Department of Environmental Conservation ("DEC") , a plan and description of the Project ("Project Plan") , including a schedule for development and implementation of the project for commencement, during the Summer of 1995. The. Project Plan shall, at a minimum, include the following: a. Beginning on January 15, 1995, submittal by SUNY to the DEC and the Town, an annual budget and proposed program for the following summer season on or before November 15 of each year; b. Beginning on October 1, 1995, submittal by SUNY to the DEC and the Town, an annual year end report on the prior summer' s experience by no later than October 1 of each year; c. Provision for at least three (3) one-week sessions per 1 summer of the environmental education camp commencing in the summer of 1996, serving approximately 100 (but not less than 75) campers per week, including contractual arrangements with the Baiting Hollow Camp or an acceptable alternate site, and provision for necessary supplies, equipment .and associated contractual services; a one-week experimental camp serving 100 (but not less than 75) campers per week shall be conducted during the summer of 1995. d. Provision for hiring, training and qualifications of conservation camp supervisor(s) , conservation camp counselor(s) , and all other employees necessary pursuant to any applicable laws, rules and regulations for such projects and/as necessary to implement the Project; ' e. A curriculum comparable to that developed for existing environmental education camps in New York State, centering on natural resources and environmental quality through active participation in the environment, including but not limited to studies to be conducted in streams, ponds, marshes, coastal environments and woodlands in the environment of the camp so as to lead to a better understanding of the interconnections of 'components of the environment; aimed at developing environmental literacy and the acceptance of personal responsibility for stewardship of resources; and emphasizing the importance and value of the marine resources and their history on Long Island; f. Provision for necessary capital improvements to the selected camp site; and 2 g. Provision for the establishment of a schedule for camper tuition/fees and eligibility criteria; SUNY shall exercise its best efforts to ensure that at least 30% of the campers reside outside of Suffolk County; SUNY shall also establish a program for at least 30% full-paid scholarships based upon economic need. Fifteen (15%) percent of such full paid scholarships shall be per Town for camper participating herein, for residents of the Town. h. Provision for at least 15% of available camper spots to be offered to children from each of the Towns participating in the funding of the Project. (i) A plan for recruitment of attendees to meet the percentages noted in g and this section h. The recruitment for the 15% from the Town will be coordinated through . the Town's recreation department. If the 15% have not been filled within ninety (90) days of the starting date of that summer's camp, SUNY reserves the right to fill any vacant spots from other- areas. 3. Upon approval by the DEC of the Project Plan, SUNY shall implement the Project Plan as approved. 4. If the Baiting Hollow Camp site should for any reason become unavailable, any alternate site selected by SUNY shall be located in one of the Towns participating in the Project. 5. The parties acknowledge that SUNY is an independent contractor and solely responsible for the planning implementation and operation of the Project. SUNY shall, to the fullest extent authorized under the New York State Court of Claims Act and case decisions thereunder, be responsible to the Towns (and DEC) for 3 0 i all liability, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, reasonable attorneys' fees if assessed by a court of competent jurisdiction, witness fees and expenses incident thereto, for damages to persons or property arising out of or in connection with the Project if caused by negligence of the Center, its agents or employees. In addition, SUNY shall purchase and maintain liability and/or any other insurance necessary for the implementation of the Project in the appropriate amounts but not less than One Million Dollars per person and Three Million Dollars per incident. Said insurance shall name the Towns and the DEC as additional insureds. 6. Beginning on February 1, 1995, SUNY shall as prescribed in - Attachment I incorporated herein receive from the Towns funds on or before February 1 of each year for that year's summer camp. If, for any reason, SUNY does not implement- the Project after having withdrawn funds from the escrow account, any funds not already dedicated for a specific purpose- will be immediately returned to the DEC for return to the escrow account. 7. SUNY acknowledges that the source of the funding for the project is monies paid by the Towns into an escrow fund established and maintained. by SUNY under sole and exclusive control in amounts specified in stipulations of settlement entered into between each Town and NYSDEC on this date, and fees paid by users. SUNY acknowledges that it is familiar with the terms of the stipulations and in particular, with the monies to be paid and the dates when they are due. SUNY further acknowledges that 4 neither one of the Towns will provide any additional monies other than those specified in the stipulations of settlement and that NYSDEC and SUNY is providing no independent funds for the Project. 8. SUNY shall expend money only from the escrow account upon prior approval by the NYSDEC's Regional Attorney after submission of an annual budget. All disbursements from the account must be made in accordance with the Department approved budget. 9. The parties hereto agree that this Agreement shall remain in effect from the date of its execution -until October 1, 2001, provided, however, that if monies paid by these Towns remain in the escrow account after October 1, 2001, this Agreement shall remain in effect until all monies adequate for the continued c operation of the camp in said account have been expended. SUNY may elect to terminate this agreement in the event adequate monies are not available. Such termination shall be effective upon the Towns -and DEC's receipt of written notice. Said notice to be at least sixty (60) days prior to an such termination. ' 10. SUNY acknowledges its obligation to develop, implement and operate the Project in accordance with the NYSDEC-approved Project Plan. If the NYSDEC determines that SUNY has failed to develop, implement and operate the Project in accordance with the NYSDEC-approved Project Plan, SUNY, upon notification from the NYSDEC, must return any monies not dedicated for a specific purpose to the escrow account, which the NYSDEC determines to be necessary. The parties hereto hereby recognize the authority of the NYSDEC to make determinations in this regard. 11. It is understood and agreed to by the parties hereto, that SUNY shall be relieved of all obligations herein in the event an 5 L acceptable camp site suitable to carry out such obligations is not available or in the event circumstances beyond it's control prevent SUNY's operation of the camp. 12 . The provisions of Exhibit A (Standard State clauses) are incorporated herein. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands hereby acknowledging that the provisions of this agreement shall be bindi upon them and any successors thereto. TONY BUL K JOSEPH JANOSKI Supery or Supervisor c on behalf of the on behalf of the Town of st Ha pto Town of' Riverhead THOMAS CKHAM MICHAEL DEMARTIS Supervisor Director of Purchasing on behalf of the and Stores Purchasing Town of Southold State University of New York at Stony Brook 6 STATE OF NEW YORK) ss. . COUNTY OF SUFFOLK) ,�e� On this -7FO- �- day of 06%x/ � 1994, before me personally came Tony Bullock, to me known and known to me to be the individual described in and who executed the foregoing instrument and he acknowledged to me that he execut d the same. JEAN R.H7P,NECK Ti6-i" Y P66 C1C STP.TEr:) N1=-W Y(,1;iK COi�.Mi O Y •PUBLIC STATE OF NEW YORK) ss. . COUNTY OF SUFFOLK) c On this day of 1994, before me personally came Thomas Wickham, to me known and known to me to be the individual described in and who executed the foregoing instrument and he acknowledged to me that he executed the same. N TARY PUBLIC JUDITH T TERRY Notary Public,State of New Yak No.52-0344963 Qualified in Suffolk County�� STATE OF NEW YORK) Commission Expires May 31,1 ss. . COUNTY OF SUFFOLK) On this day of 1994, .before me personally came Michael DeMartis, to me known and known to me to be the individual described in and who executed the foregoing instrument and he acknowledged to me that he executed the same. NOTARY PUBLIC 7 STATE OF NEW YORK) ss. . COUNTY OF SUFFOLK) On this day of , 1994 , before me personally came Joseph Janoski, to me known and known to me to be the individual described in and who executed the foregoing instrument and he acknowledged to me that he executed the same. NOTARY PUBLIC c LS:A:encehamp1004941s , 8 PAYMENT SCHEDULE 2/1/95 - $100,000 • $55,000 to East End Economic and Environmental Institute (Institute) and • $45,000 to SUNY Marine Science Center (SUNY/Camp) 6/1/95 - $100,000 • $45,000 to the Institute • $30,000 to (SUNY/Camp) • $25,000 penalty to State of New York 2/1/96 - $125,000 • $55,000 to the Institute • $70,000 to (SUNY/Camp) 2/1/97 through 2/1/2001 (5 yrs) - $65,000 per year • $35,000 to the Institute • $30,000 to (SUNY/Camp) ATTORNEY/CLIENT PRIVILEGED COMMUNICATION SUMMARY OF DEC/SOUTHOLD SETTLEMENT MONEYS PAYABLE BY THE TOWN Total Settlement Payment: $650,000 over 7 years Environmental Benefit Portion ...............................................$625,000 Cornell Cooperative (East End Inst.)..$345,000 East End Environ. Camp (SUNY).........$280,000 $625,000 Penalty .............................................................................................. 25 000 $650,000 Payment Schedule 1. $100,000 - 2/1/95 • $55,000 to East End Economic and Environmental Institute (Institute) and • $45,000 to SUNY Marine Science Center (SUNY/Camp) 2. $100,000 - 6/1/95 • $45,000 to the Institute • $30,000 to (SUNY/Camp) • $25,000 penalty to State of New York 3. $125,000 - 2/1/96 • $55,000 to the Institute • $70,000 to (SUNY/Camp) 4. $65,000 per year for 5 years commencing 2/1/97 • $35,000 to the Institute • $30,000 to (SUNY/Camp) The Towns' sole responsibility with respect to the SUNY Camp is expressly limited to paying the specified amounts. The Towns will have no responsibility for operation or management of the camp, but will be an "additional" insured under SUNY liability policy. The camp will be required to take a total of 45% of the campers for each session from the Southold, Riverhead and East Hampton (15% per town) and each town will be entitled to 15% of scholarships made available to campers. The towns will be provided with annual accountings and reports regarding the camp. ATTORNEY/CLIENT PRIVILEGED COMMUNICATION • CLOSURE OF THE LANDFILL J - The town will prepare'a c o re investi ation re ading to a formal engineering plan for cap ui e utchogue landfill well as a closure plan for the Fisher s an metal dump . Simultaneously, the town has the option to study the feasibility of reclamation, in whole or in part, as ah, alternative to capping. The settlement sets forth a time table for the preparation of these documents. - VARIANCES/MANDATE RELIEF: f' • If the town elects to cap the landfill,"the agreement has built into it several specific variances rf om Part 360 t6apping requirements which should be granted upon the Town's application!- - Furthermore, provided that the groundwater testing shows no significant threat to the aquifer, the post-closure groundwater monitoring requirements will be dramatically reduced. These mandate relief variances are expected to result in several million dollars in savings to the Town • In addition, the settlement provides for the town to seek additional variances/waivers of any substantive closure requirement, if based upon bona fide scientific or engineering principles. If timely made, any such application will stop time deadlines from running during the period it is being considered. . • Delays due to bidding problems, if any, will also extend time deadlines. ADDITIONAL PROVISIONS • GRANT MONEY and SUBSIDIZED LOANS: The agreement contains a commitment from the DEC to work with the Town in preparation and expeditious review of grant applications for closure funding. In addition, the DEC will likewise assist in the Town's obtaining sh rt term interest-free and long term subsidized lower interest rate financing available through the Environmental Facilities Corporation. • STIPULATED PENALTIES: the Xgreement provides that failure to comply with any provision will result in of $300/day for the first 45 days and $1,000/day thereafter. / ? • ENVIRONMENTAL; MONITOR: Within 30 days, the Town is to pay $10,000 into an environmental monitor fund. • FINAL DISPOSAL OF WASTE: The town will have 270 days to file an application for a permanent transfer station; file a registration for a transfer station; or submit an alternative plan for waste disposal. The temporary transfer station authorization has been extended throughrber 7, 1995. ATTORNEY/CLIENT PaIVILEGED COMMUNICATI • SOLID WASTE MANAGEMENT PLAN: The town's swmp is filed and if comments are received, the town will resubmit within 120 days. • MINING PERMIT/PLAN: an informal submittal will be made updated the prior mining permit application and plan. A variance from setback requirements will be granted, absent unforeseen problems. The town will have to re-grade the slopes. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK . . . . . . . . . . . . . . . . . . . . X THE TOWN OF SOUTHOLD, Petitioner, Index No. 91-19050 - against - Justice Werner THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION OF THE STATE OF NEW YORK, Respondent. . . . . . . . . . . . . . . . . . . . . X STIPULATION OF SETTLEMENT IT IS HEREBY STIPULATED AND AGREED. by and between the parties herein (i.e. , the New York State Department of Environmental Conservation ("DEC, " "Department, " "NYSDEC") and the Town of Southold ("Town") as follows: 1. The above-referenced Article 78 proceeding, together with the Administrative proceedings presently pending against the Town, 'bearing Department of Environmental Conservation No. 1- 4020, is settled in accordance with the terms set forth below and in the "Compliance Schedule" attached hereto as Attachment 1 with Appendices and agreement attached hereto as Attachment 2 and incorporated by reference herein. All the terms and conditions of the Compliance Schedule attached hereto as Attachment 1 with Appendices and the DEC-approved portions of the Agreement attached hereto as Attachment 2 are the essence of this Stipulation. 2. This proceeding as well as the pending administrative proceedings shall be discontinued with prejudice without costs and disbursements awarded to any party on the terms and 1 conditions set forth at Paragraphs 1 and 3 through 7, herein. 3 . On October 8, 1993, the Town ceased the landfilling of any wastes at the Cutchogue solid waste management facility. The Town will not landfill any wastes at the Cutchogue solid waste management facility in the future, except for cover materials approved by the DEC, which approval will not be unreasonably withheld. This last sentence shall not prohibit the Town from continuing other solid waste management activities that are permitted or approved by the DEC at the Cutchogue solid waste management facility. 4. The parties agree that this Stipulation settles, among other things, all operational violations of the Part 360 regula- tions applicable to the Cutchogue Landfill and the Fishers Island Metal Dump, whether asserted or not asserted by the DEC in the administrative proceedings recited above, through the execution hereof. This does not foreclose, however, the DEC from pursuing any action within its authority and jurisdiction to enforce violations arising at the site after the execution hereof. 5. The parties hereby acknowledge that this Stipulation is in full satisfaction of any and all claims each has raised or could have raised against the other through the date of the signature hereof with regard to the operation of the Cutchogue Landfill under Article 27 of the New York State Environmental Conservation Law ("ECL") and 6 NYCRR 360 or any claims related thereto. 6. This Stipulation may be so ordered by the Court without 2 conditions set forth at Paragraphs 1 and 3 through 7, herein. 3 . On October 8, 1993, the Town ceased the landfilling of any wastes at the Cutchogue solid waste management facility. The Town will not landfill any wastes at the Cutchogue solid waste management facility in the future, except for cover materials approved by the DEC, which approval will not be unreasonably withheld. This last sentence shall not prohibit the Town from continuing other solid waste management activities that are permitted or approved by the DEC at the Cutchogue solid waste management facility. 4 . The parties agree that this Stipulation settles, among other things, all operational violations of the Part 360 regula- tions applicable to the Cutchogue Landfill and the Fishers Island Metal Dump, whether asserted or not asserted by the DEC in the administrative proceedings recited above, through the execution hereof. This does not foreclose, however, the DEC from pursuing any action within its authority and jurisdiction to enforce violations arising at the site after the execution hereof. 5. The parties hereby acknowledge that this Stipulation is in full satisfaction of any and all claims each has raised or could have raised against the other through the date of the signature hereof with regard to the operation of the Cutchogue Landfill under Article 27 of the New York State Environmental Conservation Law ("ECL") and 6 NYCRR 360 or any claims related thereto. 6. This Stipulation may be so ordered by the Court without 2 T further notice from one party to the other. It may thereafter be enforced as a judgment of the Supreme Court of the State of New York. The parties agree that this Stipulation may, alternatively, be enforced in an administrative proceeding instituted by the DEC. 7. This Stipulation is referred to as "Order" in Attachments 1 and 2, hereto. Dated: Stony Brook, New York 1994 G. Oliver Koppell Langdon Marsh Attorney General of the Commissioner, New York State State of New York Department of Environmental Attorney for Respondent Conservation New York State Department of Law 120 Broadway New York, New York 10271 By: Ray E. Cowen, P.E. Regional Director By: Gregory J. Nolan Assistant Attorney General Frank Isler Town of Southo d As Counsel for the Town of Southold Smithfng in, Lundberg, Islerski By: 456 Gnue homas Wickham Riverork 1 90Supervisor By: er SO ORDERED AND ENTERED, HONORABLE M.M. WERNER, J.S.C. 3 00 ATTACHMENT I Town of Southold Compliance Schedule I. GENERAL REQUIREMENTS A. Payments. 1. There is hereby imposed upon the Town a civil penalty in the sum of Six Hundred Fifty Thousand ($650,000) Dollars, Twenty Five Thousand ($25,000) Dollars of which shall be paid on or before June 1, 1995. 2. The remaining $625,000 of the civil penalty shall be suspended, conditioned upon the Town's payments as described below: (a) To the State University at Stony Brook (hereinafter "SUNY") , East End Environmental Camp Program at the Baiting Hollow Boy Scout Camp in Wading River in the Town of Riverhead (hereinafter "Project") : (i) Forty Five Thousand ($45,000) Dollars on or before February 1, 1995. Notice of such deposit shall be given to the NYSDEC by March 1, 1995. (ii) Thirty Thousand ($30,000)' Dollars on or before June 1, 1995. Notice of such deposit shall be given to the NYSDEC by June 15, 1995. (iii) Fifty Five Thousand ($55, 000) Dollars on or before February 1, 1996. Notice of such deposit shall be given to the NYSDEC by February 15, 1996. (iv) Thirty Thousand ($30,000) Dollars on or before the first day of February for five (5) years commencing February 1, 1997. In the event of a default in any payment, the NYSDEC reserves the right to declare the entire balance to be due. (v) The parties hereto agree that these monies shall be used to establish and maintain the East End Environmental Education Camp to be independently operated by SUNY, in accordance with the agreement entered into simultaneously herewith among the Towns of Riverhead, Southold and East Hampton and SUNY, a copy of which is annexed hereto and made a part hereof as Attachment No. II. It is acknowledged that the Towns' sole responsibility with respect to the project is to provide the funds as set forth in paragraphs 2 (a) hereof. (b-) To the East End Economic and Environmental Institute for 1 0 ATTACHMENT I Town of Southold Compliance Schedule I. GENERAL REQUIREMENTS A. Payments. 1. There is hereby imposed upon the Town a civil penalty in the sum of Six Hundred Fifty Thousand ($650,000) Dollars, Twenty Five Thousand ($25,000) Dollars of which shall be paid on or before June 1, 1995. 2. The remaining $625,000 of the civil penalty shall be suspended, conditioned upon the Town's payments as described below: (a) To the State University at Stony Brook (hereinafter "SUNY") , East End Environmental Camp Program at the Baiting . Hollow Boy Scout Camp in Wading River in the Town of Riverhead (hereinafter "Project") : (i) Forty Five Thousand ($45,000) Dollars on or before February 1, 1995. Notice of such deposit shall be given to the NYSDEC by March 1, 1995. (ii) Thirty Thousand ($30,000) Dollars on or before June 1, 1995. Notice of such deposit shall be given to the NYSDEC by June 15, 1995. (iii) Fifty Five Thousand ($55,000) Dollars on or before February 1, 1996. Notice of such deposit shall be given to the NYSDEC by February 15, 1996. (iv) Thirty Thousand ($30, 000) Dollars on or before the first day of February for five (5) years commencing February 1, 1997. In the event of a default in any payment, the NYSDEC reserves the right to declare the entire balance to be due. (v) The parties hereto agree that these monies shall be used to establish and maintain the East End Environmental Education Camp to be independently operated by SUNY, in accordance with the agreement entered into simultaneously herewith among the Towns of Riverhead, Southold and East Hampton and SUNY, a copy of which is annexed hereto and made a part hereof as Attachment No. II. It is acknowledged that the Towns' sole responsibility with respect to the project is to provide the funds as set forth in paragraphs 2 (a) hereof. (b) To the East End Economic and Environmental Institute for 1 y t use in the Institute's project relating to the preservation and protection of natural resources and the environment as follows: (i) $55,000 on or before February 1, 1995. Notice of such deposit shall be given to the NYSDEC by February 15, 1995. (ii) $45,000 on or before June 1, 1995. Notice of such deposit shall be given to the NYSDEC by June 15, 1995. (iii) $70,000 on or before February 1, 1996. Notice of such deposit shall be given to the NYSDEC by February 15, 1996. (iv) $35,000 on or before the first day of February for five (5) years commencing February 1, 1997. In the event of a default in any payment, the NYSDEC reserves the right to declare the entire balance to be due. All projects must be submitted to the Department and approved by the Department prior to any monies being expended upon them. In addition, annual reports shall be submitted to the Department by the Towns, beginning on December 15, 1995 and continuing until all monies provided hereunder have been expended, setting forth the status and accomplishments of the DEC-approved projects and expenditures thereon. The projects are described in a proposal from Cornell Cooperative Extension to the Institute and include (A) organic pesticide demonstration and testing; (B) agricultural composting demonstration and testing; (C) pest management research; (D) wetland restoration projects; and (E) other projects as may be chosen by the Institute, the implementation of which shall be subject to the review and approval of the NYSDEC, which shall not be unreasonably withheld. (c) In the event that SUNY is unable to continue to operate the project for any reason whatsoever, the parties agree to use their best efforts to find an alternative independent contractor to replace SUNY. In the event, however, that the monies are not used for a period in excess of two (2) years, the monies being held in escrow, together with the monies subsequently paid into that account pursuant to the schedule in subparagraph 2 (a) , above, shall be paid by the escrow agent to an alternative recipient or recipients to be proposed by the Towns and approved by the Department. Upon the Department's approval, the escrow account must be modified accordingly. (d) The Town's agreement with SUNY shall require the establishment of an escrow account by SUNY in which the amounts referred to in 2 (a) above shall be paid, provided, however, that any expenditure from the escrow account must be pre-approved by the Department. The Town's agreement with SUNY must also provide that an accounting of the escrow account must be provided to the NYSDEC by the 15th of each month beginning February 15, 1995. (e) The Regional Attorney for Region One of the Department shall have 2 authority to approve expenditures from the escrow account to be established by SUNY. (f) The DEC is not a party to the Agreement attached hereto as Attachment 2, but hereby approves Paragraphs 2-11, thereof. 3. Failure by the Town to comply with any provision of this Order, and the Attachments attached hereto and made a part hereof, including any appendices thereto and the requirements of all approved work plans and associated approved implementation schedules, shall constitute a default and violation of this Stipulation, which shall subject the Town to the following stipulated penalties for each violation of the Order, without further administrative or judicial adjudication: Day 1 through 45 for each violation: $300 penalty per day. Day 46 and thereafter for each violation: $1,000 penalty per day. 4. All stipulated penalties and payments assessed pursuant to this section shall become due and owing on the 15th calendar day after receipt by the Town of written notice of determination from the NYSDEC. 5. Beginning fifteen (15) calendar days after the date of such notice, the Town shall pay interest on the penalty at the annual rate of nine percent on the overdue amount from the day on which it was due through, and including, the date of payment. 6. All penalties shall be paid by certified check or money order, made payable to the "New York State Department of Environmental Conservation" and delivered personally or by certified mail, return receipt requested: c/o Lori Riley, Esq. , Regional Attorney, Department .of Environmental Conservation, Building 40, S.U.N.Y. Campus, Stony Brook, NY 11790-2356. B. Environmental Monitoring. Within thirty (30) days of the execution of this Order, the Town shall pay to the NYSDEC, the sum of $10,000 to be• placed in an account for the NYSDEC environmental compliance monitoring activities for the Town's facilities, landfill compliance and closure activities and compliance with this Order. This sum will be used toward payment of the first year costs for such activities, which sum shall be subject to quarterly revision by the NYSDEC. Subsequent quarterly invoices shall be submitted to the Town to maintain an account balance sufficient to meet the next nine months' projected expenses. This nine months advance account shall be made in accordance with the following provisions: 1. Qua-rterly invoice costs to be covered by this fund include: 3 authority to approve expenditures from the escrow account to be established by SUNY. (f) The DEC is not a party to the Agreement attached hereto as Attachment 2, but hereby approves Paragraphs 2-11, thereof. 3 . Failure by the Town to comply with any provision of this Order, and the Attachments attached hereto and made a part hereof, including any appendices thereto and the requirements of all approved work plans and associated approved implementation schedules, shall constitute a default and violation of this Stipulation, which shall subject the Town to the following stipulated penalties for each violation of the Order, without further administrative or judicial adjudication: Day 1 through 45 for each violation: $300 penalty per day. Day 46 and thereafter for each violation: $1,000 penalty per day. 4. All stipulated penalties and payments assessed pursuant to this section shall become due and owing on the 15th calendar day after receipt by the Town of written notice of determination from the NYSDEC. 5. Beginning fifteen (15) calendar days after the date of such notice, the Town shall pay interest on the penalty at the annual rate of nine percent on the overdue amount from the day on which it was due through, and including, the date of payment. 6. All penalties shall be paid by certified check or money order, made payable to the "New York State Department of Environmental Conservation" and delivered personally or by certified mail, return receipt requested: c/o Lori Riley, Esq. , Regional Attorney, Department of Environmental Conservation, Building 40, S.U.N.Y. Campus, Stony Brook, NY 11790-2356. B. Environmental Monitoring. Within thirty (30) days of the execution of this Order, the Town shall pay to the NYSDEC, the sum of $10,000 to be- placed in an account for the NYSDEC environmental compliance monitoring activities for the Town's facilities, landfill compliance and closure activities and compliance with this Order. This sum will be used toward payment of the first year costs for such activities, which sum shall be subject to quarterly revision by the NYSDEC. Subsequent quarterly invoices shall be submitted to the Town to maintain an account balance sufficient to meet the next nine months' projected expenses. This nine months advance account shall be made in accordance with the following provisions: 1. Quarterly invoice costs to be covered by this fund include: 3 (a) Direct personal service costs and fringe benefits of the environmental monitor(s) and full-time supervisor(s) , including the cost of replacement personnel for the person(s) regularly assigned to these positions. (b) Direct non-personal service costs, including but not limited to purchase or lease of a vehicle and its full operating costs, equipment travel, training, supplies and materials, and any appropriate chemical sampling and laboratory analysis fees. (c) Inflation and negotiated salary increases. (d) Overhead and indirect support costs at the annually calculated indirect cost rate. 2. The NYSDEC may revise the required quarterly amount which revision may take into account factors such ap inflation, salary increases, accrued interest to be applied to the balance, changes in operation hours and procedures, the need for additional or fewer on- site monitors and supervision of such monitors by full-time monitor- supervisors. The Town may seek information from the Department as to the reason for any such revision, and such infor-mation shall not be unreasonably withheld. It is understood by the parties hereto that the sum of Ten Thousand ($10, 000) Dollars is based on the provision of funding for 10% of the cost as described above -of one environmental monitor position. Any quarterly revision to this amount will be based on this same type of calculation. 3. Within thirty (30) calendar days after receipt of a quarterly statement/invoice from the NYSDEC, the Town shall forward the amount due to the NYSDEC at: NYS Department of Environmental Conservation, Room 608, 50 Wolf Road, Albany, New York 12233-1510, Attention: Director, Environmental Monitors. Payments are to be in advance of the period in which they will be expended. 4. Upon termination of this Order and payment of any outstanding costs, the unexpended balance, including interest, will be returned to Respondent.Vpon DEC approval of the Closure Certification Report for the landfill(s) , the environmental monitor amount will be reduced, commensurate with expected future costs of environmental monitoring pursuant to this paragraph I.B. 5. Failure to submit timely payments shall be considered a violation of this Order which may be enforced pursuant to the terms of this Order and/or as otherwise provided by law. 6. The obligation under this Section (I.B. ) shall terminate if a change in law occurs such that a monitor for this subject facility would no longer be required by law and/or regulation. 7. The Town shall not be liable -for any costs pursuant to this paragraph - I.B. in excess of an annual amount of thirty thousand 4 ($30, 000) Dollars. C. Modification to Schedule Dates The parties hereto recognize that implementation may be subject to compliance with, among other things, the competitive bidding requirements of the General Municipal Law. The parties further recognize that delays may result in awarding contracts and implementation of contracts when such bidding process is required. If any such delay occurs due to the. bidding require- ment, the Town may make application to the Department for a modification of the schedule dates herein, provided that the Town requests such modification at least ten (10) business days prior to the date for which it is sought, and that said request provide justification for the modification sought, including a showing that the delay was due to circumstances beyond the Town's control. If such a modification request is made, the modification requested shall not be unreasonably withheld by the Department. This is not intended to limit to any extent the Town's right to apply for variances, waivers or modifications as provided elsewhere in this agreement or under Part 360. c D. 360 Applicability Unless otherwise specifically noted herein; the closure and post- closure requirements of the 360 regulations in effect on October 8, 1993, shall apply to this Compliance Schedule. However, should the closure and/or post-closure requirements subsequently be amended or revised so as to be less costly or onerous to the Respondent, the Respondent, at its sole option, can elect to proceed in compliance , with the updated requirements. E. Request for Variance, Modifications, Waivers The Town may submit in writing to the Department bona fide requests for modifications of the time deadlines included in the "Technical Requirements" (Section II, below) of this Compliance Schedule, as well as variances, modifications or waivers under §360- 1.7 (c) , of any substantive Part 360 requirement. A bona fide request under this paragraph is defined as one which has been previously discussed with the Department's technical staff and been deemed, in writing, by such staff, to be technically complete and approvable regardless of staff's opinion as to whether or not it will ultimately be approved on the merits. Any such variance, modification and/or waiver requests with regard to the provisions of II.B. below, will be submitted by the Town no later than ninety (90) days of. the Department approval of the CIR. The deadlines herein shall be suspended pending the Department's determination that the request is bona fide and its subsequent determination on the merits of any such bona fide request. Variance, modification or waiver requests may be submitted subsequent to ninety 5 ($30, 000) Dollars. C. Modification to Schedule Dates The parties hereto recognize that implementation may be subject to compliance with, among other things, the competitive bidding requirements of the General Municipal Law. The parties further recognize that delays may result in awarding contracts and implementation of contracts when such bidding process is required. If any such delay occurs due to the bidding require- meet, the Town may make application to the Department for a modification of the schedule dates herein, provided that the Town requests such modification at least ten (10) business days prior to the date for which it is sought, and that said request provide justification for the modification sought, including a showing that the delay was due to circumstances beyond the Town's control. If such a modification request is made, the modification requested shall not be unreasonably withheld by the Department. This is not intended to limit to any extent the Town's right to apply for variances, waivers or modifications as provided elsewhere in this agreement or under Part 360. c D. 360 Applicability Unless otherwise specifically noted herein; the closure and post- closure requirements of the 360 regulations in effect on October 8, 1993, shall apply to this Compliance Schedul6. However, should the closure and/or post-closure requirements subsequently be amended or revised so as to be less costly or onerous to the Respondent, the Respondent, at its sole option, can elect to proceed in compliance with the updated requirements. E. Request for Variance, Modifications, Waivers The Town may submit in writing to the Department bona fide requests for modifications of the time deadlines included in the "Technical Requirements" (Section II, below) of this Compliance Schedule, as well as variances, modifications or waivers under §360- 1.7 (c) , of any substantive Part 360 requirement. A bona fide request under this paragraph is defined as one which has been previously discussed with the Department's technical staff and been deemed, in writing, by such staff, to be technically complete and approvable regardless of staff's opinion as to whether or not it will ultimately be approved on the merits. Any such variance, modification and/or waiver requests with regard to the provisions of II.B. below, will be submitted by the Town no later than ninety (90) days of. the Department approval of the CIR. The deadlines herein shall be suspended pending the Department's determination that the request is bona fide and its subsequent determination on the merits of any such bona fide request. Variance, modification or waiver requests may be submitted subsequent to ninety 5 (90) days after the Department's approval of the CIR, but the deadlines imposed herein shall not be suspended during the Department's review and determination of such a request. As to requests for an extension of the time deadline(s) under this Order, if said requests are submitted in writing to the Department at least thirty (30) days prior to the subject deadline(s) , the subject deadline(s) will be suspended until the Department has rendered such a determination in writing. F. Landfill Closure Funding. The Department and the Town understand that interest-subsidized short and long-term loans are available through the Environmental Facilities Corporation to fund municipal landfill closure costs, and that, in particular short-term subsidized- interest loans may be available to cover landfill closure costs pending the availability of landfill closure grants under the Environmental Protection Fund. Any interest paid by the Town for loans pending Environmental Protection Fund grant authorization would qualify as grant eligible costs under the terms of the grant agreement and applicable legal requirements. c Further, the Department will take all necessary steps to facilitate development of financing arrangements, including expeditious review and approval of the Town's applications for funding under the Environmental Protection Fund that meet the requirements of the law and associated rules and regulations now being promulgated by the Department. The Town's relative position on the grant eligibility list will be based upon the date of application unless the application is subsequently disqualified. II. TECHNICAL REQUIREMENTS: A. General Requirements Immediately, Respondent, having ceased operation of the Cutchogue Landfill on October 8, 1993, shall continue to maintain the Landfill in compliance with the requirements set forth in 6 NYCRR 360-1. 14 (w) and take the necessary steps to maintain the landfill in compliance with the cover requirements set forth in 6 NYCRR 360-2. 17 (d) . B. Landfill Closure Requirements: Within two (2) weeks of the . Respondent shall submit to the date of the execution of this Department any and all of its Order, existing reports and data relative to landfill gas and 6 1 hydrogeologic conditions at the site. Within forty-five (45) days of Respondent shall submit to the the Department's written notifi- Department for its approval, an cation to Respondent that approvable workplan for the additional investigations and performance of such investiga- data, if any, are necessary with tions and gathering of such data. regard to methane gas and Said workplan shall include a hydrogeologic conditions at the proposed implementation schedule site, with implementation to commence within forty-five (45) days of Department approval of the workplan. Respondent shall complete implementation in accordance with the DEC approved workplan and schedule. Within one hundred and fifty Respondent shall submit to the (150) days of the completion Department, an approvable draft of the implementation of the Closure Investigation Report (CIR) above-referenced workplan, in compliance with 6 NYCRR 360-2. 15 or of the Department's deter- (a) . mination that no additional investigation or data is necessary, whichever is sooner, Within thirty (30) days of A final approvable CIR incorporating receipt of DEC's comments DEC's comments shall be submitted by , on the draft CIR, Respondent to the Department for its approval. The Department-approved CIR shall be attached to and incorporated into this Compliance Schedule as Appendix A. Respondent shall perform such additional investigations as the Department determines necessary due to the analysis and conclusion in the CIR. In the event additional investigations are determined by the Department to be necessary, a schedule for these additional "Approvable" as used in this Order shall mean approvable by the Department with minimal revision. "Minimal Revision" shall mean that Respondents can incorporate all revisions required by the Department and resubmit the plan for Department approval within fifteen (15) calendar days after receipt of written comments of the Department. 7 hydrogeologic conditions at the site. Within forty-five (45) days of Respondent shall submit to the the Department's written notifi- Department for its approval, an cation to Respondent that approvable workplan for the additional investigations and ,performance of such investiga- data, if any, are necessary with tions and gathering of such data. regard to methane gas and Said workplan shall include a hydrogeologic conditions at the proposed implementation schedule site, with implementation to commence within forty-five (45) days of Department approval of the workplan. Respondent shall complete implementation in accordance with the DEC approved workplan and schedule. Within one hundred and fifty Respondent shall submit to the (150) days of the completion Department, an approvable draft of the implementation of the Closure Investigation Report (CIR) above-referenced workplan, in compliance with 6 NYCRR 360-2. 15 or of the Department's deter- (a) . mination that no additional investigation or data is necessary, whichever is sooner, Within thirty (30) days of A final approvable CIR incorporating receipt of DEC's comments DEC's comments shall be submitted by on the draft CIR, Respondent to the Department for its approval. The Department-approved CIR shall be attached to and incorporated into this Compliance Schedule as Appendix A. Respondent shall perform such additional investigations as the Department determines necessary due to the analysis and conclusion in the CIR. In the event additional investigations are determined by the Department to be necessary, a schedule for these additional "Approvable" as used in this Order shall mean approvable by the Department with minimal .revision. "Minimal Revision" shall mean that Respondents can incorporate all revisions required by the Department and resubmit the plan for Department approval within fifteen (15) calendar days after receipt of written comments of the Department. 7 T � investigations will be mutually agreed to. Within one hundred and eighty Respondent shall submit to the (180) days from the Department Department an approvable draft approval of CIR or Respondent's Closure Plan (CP) in compliance completion of any additional 6 NYCRR Part 360-2.15; said plan to investigations deemed necessary include an implementation schedule. by the Department, whichever is longer, Within sixty (60) days of Respondent shall submit a final the receipt of DEC comments approvable CP incorporating the on the draft CP, DEC's comments to the Department for its approval. The Department- approved CP shall be attached to and incorporated into this Compliance Schedule as Appendix B. Within one hundred twenty Respondent shall commence implemen- (120) days after the date of tation and complete it in accordance approval of the Closure Plan, with the Department-approved Closure Plan and Schedule. Within ninety (90) days after Respondent shall submit to the completion of all construction Department for its approval, an activities identified in the approvable Closure Certification Department-approved CP, Report (CCR) , which shall include a written certification of individuals licensed to practice engineering in the .State of New York; that all construction activities identified in the Department-approved CP were undertaken in accordance with each requirement of 6 NYCRR Part 360 and this Order. The Department-approved CCR shall be attached to and incorporated into this Compliance Schedule as Appendix C. The Department specifically acknowledges that if the approved CP includes a landfill cap, the Town may apply for variances so that the cap meets the following minimum requirements: (1) a geomembrane barrier with a barrier protection layer of 12" of soil; (2) a 12" gas venting layer that has a maximum of ten (100) per cent by weight passing through the #200 sieve after placement; 8 (3) a minimum final 6" layer composed of any material that can be shown to be able to continually support plant life. The Department acknowledges that based upon the facts as presently known, such variance applications, if they meet the applicable procedural standards, will be deemed bonafide as defined in I.E. above, and absent extenuating circumstances revealed in the Department's review of the applications, will be acted upon favorably by the Department. As concerns any application for variances for ground and surface water monitoring for the landfill: (1) upon implementation of the DEC- approved Closure Investigation Report in accordance with this Stipulation, and (2) upon implementation of complete baseline parameter monitoring one (1) year from the date of initial base- line monitoring in performance of the approved hydrogeologic work plan and approved CIR, and (3) upon implementation of quarterly , routine monitoring for two (2) years from the date of initial baseline monitoring in accordance with the approved Work Plans and approved CIR2, the Town may thereafter monitor ground and surface water semi- annually for routine parameters and every three (3) years for baseline parameters, unless monitoring reports reveal a contravention of applicable ground and/or surface water standards deemed material by the DEC in accordance with the following procedure. Z In the event that the Town demonstrates that existing monitoring data satisfies all or part of the initial baseline and/or routine monitoring requirements of this variance, all or part of- the initial baseline and/or routine monitoring may be waived by the DEC. 9 (3) a minimum final 6" layer composed of any material that can be shown to be able to continually support plant life. The Department acknowledges that based upon the facts as presently known, such variance applications, if they meet the applicable procedural standards, will be deemed bonafide as defined in I.E. above, and absent extenuating circumstances revealed in the Department's review of the applications, will be acted upon favorably by the Department. As concerns any application for variances for ground and surface water monitoring for the landfill: (1) upon implementation of the DEC- approved Closure Investigation Report in accordance with this Stipulation, and (2) upon implementation of complete baseline parameter monitoring one (1) year from the date of initial base- line monitoring in performance of the approved hydrogeologic work plan and approved CIR, and (3) upon implementation of quarterly routine monitoring for two (2) years from the date of initial baseline monitoring in accordance with the approved Work Plans and approved CIR2, the Town may thereafter monitor ground and surface water semi- annually for routine parameters and every three (3) years for baseline parameters, uriless monitoring reports reveal a contravention of applicable ground and/or surface water standards deemed material by the DEC in accordance with the following procedure. 2 In the event that the Town demonstrates that existing monitoring data satisfies all or part of the initial baseline and/or routine monitoring requirements of this variance, all or part of the initial baseline and/or routine monitoring may be waived by the DEC. 9 If a new or increased contravention of ground and/or surface water standards is documented, the Town may demonstrate to the DEC that the contravention is non-material. If the Town does not snake this submission, such contravention will be deemed material. Upon such a demonstration and prior to requiring increased routine and/or baseline monitoring, the Department must find the contravention to be material by considering the following factors: (1) the toxicity or other hazard of the contravening substance(s) ; (2) the potential impacts to public health (including drinking water supplies) , the environment or natural resources threatened by the contravention; (3) whether the contravention may reveal a potential failure of the, landfill cap. Notwithstanding the procedure set forth in this paragraph, upon finding by the Department that the contraven- tion is material, the Town shall perform additional monitoring deemed necessary by the Department to , determine the scope and nature of pollution by the contravening substance(s) and associated substances pending resolution of any dispute that may arise regarding the Department's finding that the contravention is material. C. Solid Waste Management Plan (SWMP) Within one hundred andtwenty Respondent shall submit to the (120) days of receipt of DEC's Department, an approvable revised comments on the revised Solid draft of the Solid Waste Management Waste Management Plan (SWMP) , Plan (SWMP) which includes a Comprehensive Recycling Analysis (CRA) . Within thirty (30) days of Respondent shall submit an receipt of DEC's comments on approvable final SWMP to the the revised draft SWMP, Department. The Department-approved plan shall be attached to and incorporated into this Compliance Schedule as Appendix D. Upon approval of the SWMP Respondent shall implement the 10 by the Department, approved SWMP. D. Permanent Transfer Station Within two hundred and seventy The Town shall submit to the Depart- (270) days of the date of ment, a complete and approvable execution of this Order, application for one of the following alternatives: (1) a permit pursuant to 6 NYCRR Part 360 for the operation of a solid waste management facility for the collection at and transportation from the site of municipal solid waste generated within the Town; (2) registration pursuant to Part 360 for the type of facility described above in #II; and/or (3) an alternative plan for the disposal of waste. E. Reclamation Within twelve (12) months The Town, at its sole option and of the date of execution of discretion, shall have the right to this Order, investigate the feasibility of complete and/or partial reclamation of the facility pursuant to 360-2.18, effective October 9, 1993, as a partial or complete alternative to closure and shall have submitted to the Department, an approvable Feasibility Study Report. Within three (3) months of The Town shall have submitted to the , the Department's approval Department for its approval, an of the Feasibility Study approvable reclamation workplan with Report, with findings that an implementation schedule. Upon reclamation is feasible, Department approval of the reclama- tion workplan, it shall be imple- mented by the Town in accordance with the approved plan and shall be attached to and become incorporated into this Schedule as Appendix E. Upon DEC approval of the reclamation plan, the Town shall have the right to seek a modification of the deadlines in this schedule for tasks in the Closure Plan Implementation which may be impacted by reclamation. The Town shall not be held in default under this schedule if they are waiting for a response from DEC to their request for such a modification after DEC approval of a reclamation plan, nor shall the Town be held in default under this schedule if they have submitted an approvable feasibility study report in 11 by the Department, approved SWMP. D. Permanent Transfer Station Within two hundred and seventy The Town shall submit to the Depart- (270) days of the date of ment, a complete and approvable execution of this Order, application for one of the following alternatives: (1) a permit pursuant to 6 NYCRR Part 360 for the operation of a solid waste management facility for the collection at and transportation from the site of municipal solid waste generated within the Town; (2) registration pursuant to Part 360 for the type of facility described above in #II; and/or (3) an alternative plan for the disposal of waste. E. Reclamation Within twelve (12) months The Town, at its sole option and of the date of execution of discretion, shall have the right to this Order, investigate the feasibility of complete and/or partial reclamation of the facility pursuant to 360-2.18, effective October 9, 1993 , as a partial or complete alternative to closure and shall have submitted to the Department, an approvable Feasibility Study Report. Within three (3) months of The .Town shall have submitted to the , the Department's approval Department for its approval, an of the Feasibility Study approvable reclamation workplan with Report, with findings that an implementation schedule. Upon reclamation is feasible, Department approval of the reclama- tion workplan, it shall be imple- mented by the Town in accordance with the approved plan and shall be attached to and become incorporated into this Schedule as Appendix E. Upon DEC approval of the reclamation plan, the Town shall have the right to seek a modification of the deadlines in this schedule for tasks in the Closure Plan Implementation which may be impacted by reclamation. The Town shall not be held in default under this schedule if they are waiting for a response from DEC to their request for such a modification after DEC approval of a reclamation plan, nor shall the Town be held in default under this schedule if they have submitted an approvable feasibility study report in 11 accordance with this schedule and have not yet received a Department decision on it. DEC's approval of any such modification request shall not be unreasonably withheld. It is understood herein that this option is to be explored by the Town concurrently with the time frames in this schedule, and not as a substitute for them, until such time as a reclamation plan is approved by the Department. F. Fishers Island Metal Dump Closure Requirements Within one hundred and eighty The Town shall submit to the Depart- (180) days of the date of ment for its approval, an approvable execution of this Order, Closure Plan or approvable specifications for total waste removal, with implementation schedule, identifying-the method of closure of the Metal Dump. The Town shall implement the closure plan as approved by the Department. G. Reclamation of Mined Area Within sixty (60) days of Respondent shall submit a revised the date of execution of updated approvable reclamation plan this Order, for the +_5 acre mined area of the Cutchogue Landfill in letter form. Said plan shall include a request for a variance from the 25 foot buffer requirement, which variance will be acted upon favorably by the Department, absent extenuating circumstances revealed in the Department's review of the application letter; a minimum 1:2 slope to be established and definitive narrative statement as to the proposed land use objective. Said plan shall include a timetable with reclamation to be completed no later than one (1) year from its initiation. The Town shall implement the plan as approved by the Department. The Department hereby acknowledges that the Town has submitted a mining and reclamation plan in December, 1987. 12 00 j ATTACHMENT II AGREEMENT, made and entered into this day of October 1994. by and between the Towns of Riverhead, Southold and East Hampton ("Towns") , and the State University of New York at Stony Brook ("SUNY") on behalf of its Center for Excellence and Innovation in Education, who will work in conjunction with the Marine Sciences Research Center. The parties to this agreement hereby agree that: 1. The Towns hereby retain the services of SUNY for purposes of developiUg, implementing and operating the East End Environmental Camp (the Project) , which is more fully described below. 2. Within ninety (90) calendar days after execution of this , Agreement, SUNY shall submit to the New York State Department of Environmental Conservation ("DEC") , a plan and description of the Project ("Project Plan") , including a schedule for development and implementation of the project for commencement, during the Summer of 1995. The Project Plan shall, at a minimum, include the following: a. Beginning on January 15, 1995, submittal by SUNY to the DEC and the Town, an annual budget and proposed program for the following summer season on or before November 15 of each year; b. Beginning on October 1, 1995, submittal by SUNY to the DEC and the Town, an annual year end report on the prior summer's experience by no later than October 1 of each year; c. Provision for at least three (3) one-week sessions per 1 _ ATTACHMENT II AGREEMENT, made and entered into this day of October 1994 by and between the Towns of Riverhead, Southold and East Hampton ("Towns") , and the State University of New York at Stony Brook ("SUNY") on behalf of its Center for Excellence and Innovation in Education, who will work in conjunction with the Marine Sciences Research Center. The parties to this agreement hereby agree that: 1. The Towns hereby retain the services of SUNY for purposes of developi0,g, implementing and operating the East End Environmental Camp (the Project) , which is more fully described below. 2 . Within ninety (90) calendar days after execution of this Agreement, SUNY shall submit to the New York State Department of Environmental Conservation ("DEC") , a plan and description of the Project ("Project Plan") , including a schedule for development and implementation of the project for commencement, during the Summer of 1995. The Project Plan shall, at a minimum, include the following: a. Beginning on January 15, 1995, submittal by SUNY to the DEC and the Town, an annual budget and proposed program for the following summer season on or before November 15 of each year; b. Beginning on October 1, 1995, submittal by SUNY to the DEC and the Town, an annual year end report on the prior summer's experience by no later than October 1 of each year; c. Provision for at least three (3) one-week sessions per 1 summer of the environmental education camp commencing in the summer of 1996, serving approximately 100 (but not less than 75) campers per week, including contractual arrangements with the Baiting Hollow Camp or an acceptable alternate site, and provision for necessary supplies, equipment .and associated contractual services; a one-week experimental camp serving 100 (but not less than 75) campers per week shall be conducted during the summer of 1995. d. Provision for hiring, training and qualifications of conservation camp supervisor(s) , conservation camp counselor(s) , and all other employees necessary pursuant to any applicable laws, rules and regulations for such projects and/as necessary to implement the Project; e. A curriculum comparable to that developed for existing environmental education camps in New York State, centering on natural resources and environmental quality through active participation in the environment, including but not limited to studies to be conducted in streams, ponds, marshes, coastal environments and woodlands in the environment of the camp so as to lead to a better understanding of the interconnections of components of the environment; aimed at developing environmental literacy and the acceptance of personal responsibility for stewardship of resources; and emphasizing the importance and value of the marine resources and their history on Long Island; f. Provision for necessary capital improvements to the selected camp site; and 2 g. Provision for the establishment of a schedule for camper tuition/fees and eligibility criteria; SUNY shall exercise its best efforts to ensure that at least 30% of the campers reside outside of Suffolk County; SUNY shall also establish a program for at least 30% full-paid scholarships based upon economic need. Fifteen (15%) percent of such full paid scholarships shall be per Town for camper participating herein, for residents of the Town. h. Provision for at least 15% of available camper spots to be offered to children from each of the Towns participating in the funding of the Project. (i) A plan for recruitment of attendees to meet the percentages noted in g and this section h. The recruitment for the 15% from the Town will be coordinated through the Town's recreation department. If the 15% have not been filled ' within ninety (90) days of the starting date of that summer's camp, SUNY reserves the right to fill any vacant spots from other areas. 3. Upon approval by the DEC of the Project Plan, SUNY shall implement the Project Plan as approved. 4. If the Baiting Hollow Camp site should for any reason become unavailable, any alternate site selected by SUNY shall be located in one of the Towns participating in the Project. 5. The parties acknowledge that SUNY is an independent contractor and solely responsible for the planning implementation and operation of the Project. SUNY shall, to the fullest extent authorized under the New York State Court of Claims Act and case decisions thereunder, be responsible to the Towns (and DEC) for 3 g. Provision for the establishment of a schedule for camper tuition/fees and eligibility criteria; SUNY shall exercise its best efforts to ensure that at least 30% of the campers reside outside of Suffolk County; SUNY shall also establish a program for at least 30% full-paid scholarships based upon economic need. Fifteen (15%) percent of such full paid scholarships shall be per Town for camper participating herein, for residents of the Town. h. Provision for at least 15% of available camper spots to be offered to children from each of the Towns participating in the funding of the Project. (i) A plan for recruitment of attendees to meet the percentages noted in g and this section h. The recruitment for the 15% from the Town will be coordinated through . the Town's recreation department. If the 15% have not been filled ' within ninety (90) days of the starting date of that summer's camp, SUNY reserves the right to fill any vacant spots from other areas. 3. Upon approval by the DEC of the Project Plan, SUNY shall implement the Project Plan as approved. 4 . If the Baiting Hollow Camp site should for any reason become unavailable, any alternate site selected by SUNY shall be located in one of the Towns participating in the Project. 5. The parties acknowledge that SUNY is an independent contractor and solely responsible for the planning implementation and operation of the Project. SUNY shall, to the fullest extent authorized under the New York State Court of Claims Act and case decisions thereunder, be responsible to the Towns (and DEC) for 3 I r JUPi f9s o-3-o9rm (1 Tr bU'! HAI-1- alt'• fF.S 1 23 F. 1 THIS AGREEMENT made this da of September, ��;i y p tuber, 1994, between the TOWN OF SOUTHOLD, a municipality of he State of New York, having its principal office at 53095 Main Road, Southol , New York, (the "Town") and DVIRKA AND BARTILUCCI, Consulting Engineers, having its principal office at 6800 Jericho Turnpike, Syosset, New York 11791 (the "Contractor") agree as follows: 1 . Performance of the Work. Contractor shall, provide the services of Thomas Maher to prnvIde technical engineering assistance to the Town's Legal courise.l. 2. Quality. Contractor agrees to provide, perform and complete all of the , foregoing in a proper and workmanlike manner, consistent with the highest t* ' ,rds of professional and construction practices and ' in full compliance with, and as required by, or pursuant to, this contract, and . with the greatest economy, efficiency, and expedition consistent therewith,,-with only hew, undamaged and first quality equipment, materials and suppiles, 3. Commencement and Completion Dates. Contractor sliall comnmence the work Immediately. y. Technical Ability To Perform. Contractor represents and wli08nts that it is sufficiently experienced and competent, and has the neta$3aey capital, foeliitles, plant, organization, and staff, to provide, perform and complete the work in full compliance with, and as required by or pursuant to, this contract. 6, Contract Price. The total amount payable by the Town for Contractor's servlcea sha!I be a sum not to exceed $6,000.00, payable at the hourly rates set forth in Exhibit A, attached hereto and Incorporated _hiflhein. • a contractor will provide Town with - mnnthly W11 indicating the time $06ht, employee involved and nature of viork accomplished. Town will pay th6 :bill Within 30 days of receipt, of :.:111. I[. r; 31-11 f ?e 195 03: 1npM SrO I Ti-il It I i-OL.L. `-1F-. i F;S1 F.c 4 6. Independent Contractor. Contractor agrees that It will conduct I Itself consistent with its stater., said status being that of an independent contractor and, Contractor, its employees or agents will neither hold themselves out nor claim to be an officer or employee of the Town of Southold nor make claim to any right accruing thereto including, but not limited to, j s Worker's Compensation, Unemployment Benefits, Social Security or Retirement Membership or credit. i 7. Termination. This contract may be terminatecl by either party j upon written notice to the othertown will compensate Contractor for all approved work done prior to receipt of Notice of Termination. Contractor agrees to provide Town with all notes, work and diagrams prepared prior to termination. a. Liability and Indemnification. Contractor agrees to indemnify, defend and hold harmless the Town against any and all liability, loss, damage, suit, claim, demand, cost, charge and attorneys fees of whatever kind arising out of a third party action or claim which the Town may directly or indirectly Incur by reason of the Contractor's negligence In carrying out or performing the terms of this Agreement or failing to carry out the terms of the Agreement. 'town agrees ,to indemnify, defend and hold harmless the Contractor against any and all liability, loss, damage, suit, Claim, demand, cost, charge and attorneys fees arising out of a third party action or claim which the Contractor may directly or indirectly incur by reason of carrying out or performing the terms of this Agreement except to the extent caused by i Contractor's negligcnce, 9, Binding Fffect. This contract shall be binding upon Town And P Contractor and upon thpir respective heirs, executors, administrators, i personal representatives,- and permitted successors and assigns. Every r reference in this contract to a party shall also be deemed to be a reference ' 2 A.-i: lard ",'d T01111 MLI "IE F.3 to the authorized officers, employees, agents, and representatives of such party. 10. Assignment. Contractor shall not (1) assign this contract in whole or in part, (2) assign any of Contractor's rights or obligations under this contract, or (3) assign any payment due or to become due under this contract without the prior express written approval of Town, which approval may be withheld in the sole and unfettered discretion of Town. Town may assign this contract in whole or in part, or any or all of its rights or obligations under this contract, without the consent of Contractor. 11 . Notices. All notices required or permitted to be given under this contract shalt be in writing and shall be deemed received by the addressee thereof when delivered in person on a business day at the address set Jorth below or on the third business day after being deposited in any main or branch United States post office, for delivery at the address set forth below by properly addressed, postage prepaid, certified or registered mail, return receipt requested. Notices and communications to Town shall be addressed to, and delivered at, the following address TOWN OF SOUT11OLD l own Hall 53095 Main Road Southold, NY 11971 Attention: Thomas H , Wickham, Supervisor Notices and communications to Contractor shall be addressed to, and delivered at, the following address DVIRKA 6 13ARTILUCCI 6800 Jericho Turnpike Syosset, New York 11791 Attention,. Thomas Maher 3 TI_11'1 22 " � Gt 11 f'P', i�_ 1' i(��Il I 1 i1 1. ` 1 •,h" l ;i: F.4 12• Governing Laws. This contract and the rights of Town and Contractor under this contract shall be interpreted according to the internal laws of the State of New York. 13. Severability. The provisions of this contract shall be Interpreted when possible to sustain their legality and enforceability as a whole. In the event any provision of this cohtract shall be held invalid, Illegal, or unenforceable by a court of competent )urisdiction, in whole or in part, neither the validity of the remaining part of such provision, nor the validity of any other provisions of this contract shall, in any way, be affected thereby. 14. Entire Agreement. This contract sets forth the entire agreement of Town and. Contractor with respect to the accomplishment of the work and the payment of the contract price therefor, and there are no other understandings or agreements, oral or written, between Town and Contractor with respect to the work and the compensation therefor. 15. Amendments. No modification, addition, deletion, revision, alteration or other change to this contract shall be effective unless and until such change is reduced to writing and executed and delivered by town and Contractor. IN WITNESS WHEREOF the parties hereto have hereunto set their. hands and seals the day and year first above written. TOWN Of✓ SOUS HOt_D T omas H. Wick ah m; SupeMsor DVIRKA E BARTILUCCI Consulting Engineers, Thomas Ma er 14 P TI_1'1 22 r 91:' 0-71: f' r STATE OF NEW YORK) ss : COUNTY OF SUFFOLK) On this „* /A day of f��,��'�%2., _ 1994, before me personally came THOMAS H. WICKHAM, to me known, who 'being by me duly sworn, did depose and say that he resides at Private Road, Cutchogue, New York, and that he is the Supervisor of rhe Town of Southold, the Municipal Corporation desc0lbed In and which executed the foregoing Instrument; that he knows the seal of said Town; that the seal affixed to said instrument Is !such Town seal; that it was so affixed by order of the Town board of the Town of Southold, and that he signed his name thereto by like order, i C (E',my p=ublic,S;af9 6i i44w York STATE OF NEW YORK) Nod inSuffid 83 Cuahfi,�d nl Suft;;tk County 5s: Cem(ril.9Z hoiras May 31,190 COUNTY OF SUFFOLK) On this day of ���4�€ J 1994, before me personally came THOMAS MAHER, to me known, who being by me duly sworn, did depose and say that he is the person described in and which executed the above instrument; and that he signed his name theretq by like order. Z” Oe� ,L� otar ub Ic UAYlYW QALY t WAF1Y PWL1C,SU# N t*w y0t% No,4797919 441olO in&Ift k County a� 5 P.r. AMENDMENT NO. 1 TO THE AGREEMENT FOR 1..ANDFILI,CLOSURE SERVICES BETWEEN TOWN OF SOUTHOLD AND DVIRKA AND BARTU,UCCI CONSULTING ENGINEER This is an AMENDMENT made as of Nov_e kM 11.1994, to the AGRF,FMENT dated October 13, 1994 between the TOWN OF SOUTHOLD (TOWN) .and DVTRKA AND BARTILUCCI CONSULTING ENGINEERS, a Division of William F, Cosulich Associates, P.C., (CONTRACTOR) for Professional Services, pursuant to the laws of the State of New York and by resolution of the Town Board of the Town of Southold, a copy of which is annexed hereto, and made a part hereof. WITNESSETH: WHEREAS, the TOWN has executed a Stipulation of Agreement with the New York State Department of Environmental Conservation (NYSDEC) fbr closure of the Cutchogue Landfill and Fishers Island Metal Dump (PROJECT); and WHEREAS, the NYSDEC has required the preparation of a Closure Investigation Work Plan. WHEREAS, the TOWN desires to prepare the Closure Investigation Work Plan in order to comply with the Stipulation of Agrcernent with the NYSDFC. NOW, THEREFOPJ,, the TOWN and CONTRACTOR agree to amend the scope of work and cost of the AGREEMENT for Professional Services between the TOWN and CONTRACTOR dated October 13, 1994, as set forth in Schedule A attached hereto. After written authorisation to proceed with the Additional Services of the CONTRACTOR, the CONTRACTOR will provide the services described in Schedule A of this 4 131"1026401.DOC 1 n3' 1 c'Ft'1 =r A.M41-1I r Ti-+!I I f lo[ i r l r, .'E,'' 1...: P. v � r i Amendment in order for the TOWN to achieve compliance with the Stipulation of Agreement. The Fee for Services in accordance with Schedule A is $6,000, IN WITNESS WHEREOF, the CONTRACTOR has executed this AGREEMENT on the 10th _— day of November 1994, and the TOWN has executed this AGREIEMtfgT on the 15th of November 1994, For: TOWN F SO TH By: Title; Supervisor For: Va AND 'ATIVCCI CONSUi.' ING ENGINEERS Title: Vice President STATE OF NEVA'YORK ) COUNTY OF SurrOLK ) ss. On this 15th__day of November , 1994, before me personally came Thomas Wickham k»bwtt to be Superyisor of the TOWN OF SOUTHOLD. the entity described in this written lnstrutb ttt and he duty acknowledged that he executed the same as for the act and deed of said Town. Notary Public Cl !4a':rr,r,;pt;�,S;�•: a;w!rvYsrik STATE OF NEW YORK f.i.• ir!:, i,r Kv'f'1'a Cui+ttV �.� ss. COUNTY OF SUFFOLK } On this �j�'1A_ day of 2t&0994, before me personally came Thomas F. Masher known to be Vice President of the firm DVIRKA AND BARTILUCCI CONSULTING ENGINEERS, the firm described in this written instrument and he duly acknowledged that he executed the same as for the act and deed of said firm Not Public C.AY t y"%DALY { AY PUSLICVeto of MAW Your. t 1;1$1026401 T)oC 2 s,4TS1910 l'101 au�1iliAd in s{uNo1k Ca °"a y`ygC��t� / TIM ;n2 '97 07': I'T ll I T11 Ili FIfil.t. ` 1 71 I`L:' SCHEDULE A CLOSURE 1NVESTICATYON WORK PIAN Scone of Work Preparation of a Closure Investigation Work Plan for the Cutchogue Landfill in accordance with the 6 NYCRR Part 360 Regulations with the assumption that no additional groundwater monitoring wells will be required by the NYSDEC, and that the following field program will be required. 1. Sampling of all M) existing wells for Baseline groundwater quality parameters. 2. Landfill Perimeter Explosive Gas Survey, 3. Surface Leachate Survey. 4, Vector Survey. �.1 Dvirka and Bartilucci Consulting Engineers - not to exceed $6,000 •13 M'S 1026401 DOC I _t_ Og�FFO,C��, `'CJS Off' OG Town Hall,53095 Main Road THOMAS .WICKHAM o - P.O.Bog 1179 SUPE OR N 2 Southold,New York 11971 p Fax (516)765-1823 -40- Telephone(516)765-1889 iol �a February 22, 1995 New York State Department of Environmental Conservation Region I Building 40 SUNY @ Stony Brook Stony Brook, New York 11790-2356 Att: Mr. Anthony Cava, P.E. Regional Solid Waste Engineer Re: Cutchogue Landfill Town of Southold D&B No. 1314 Gentlemen: Enclosed please find four variance applications from the requirements of 6NYCRR Part 360 relating to the capping/closure and post closure monitoring of the Southold (Cutchogue) Landfill. Each application and supporting documentation is submitted in triplicate. These variance applications are submitted in accordance with the terms and conditions of the Stipulation Agreement between NYSDEC and the Town of Southold and are consistent with the Department's Local Governmental Regulatory Relief Initiative - Guidance on Landfill Closure Regulatory Relief. The four proposed variances are as follows: • Variance No. 1 - Gas Venting Layer: request to increase the percentage of fines from 5 percent to 10 percent after placement. • Variance No. 2 - Barrier Protection Layer: request to reduce the barrier protection layer thickness from 24 inches to 12 inches. • Variance No. 3 - Topsoil: request to utilize an equivalent vegetative growth medium in lieu of natural topsoil. New York State Department Page Two of Environmental Conservation Region I Att: Mr. Tony Cava Regional Solid Waste Engineer • Variance No. 4 - Groundwater Monitoring: request to modify the groundwater monitoring frequency to semi-annual sampling for Routine Parameters and every three years for Baseline Parameters. The three variances to the capping system details have each been evaluated individually and jointly and have been found to have no detrimental impact to the environment or to the integrity of the capping system. These variances represent a considerable cost savings to the Town of Southold and will still provide a comprehensive capping system in conformance with the requirements of 6NYCRR Part 360. The proposed variance to the groundwater monitoring program will provide for adequate monitoring of groundwater quality upgradient and downgradient of the landfill without compromising the ability to detect future, potential contravention of the groundwater quality. This variance request also represents a considerable cost savings to the Town of Southold over the thirty year post-closure monitoring period. We trust your review of these variance applications will find them to be acceptable so that they may be incorporated into the design of the capping/closure system and the preparation of the Closure Report. In accordance with the terms of the Stipulation Agreement, the Town of Southold reserves the right to petition the Department for other variances to 6NYCRR Part 360 as the design of the capping system may warrant and justify. Should you have any question or comments regarding this matter, please do not itate to call me. Very truly yours, Thomas H. Wickham Supervisor THW:Iah Enclosures CC'. F. Isler w/encl. T. Maher w/encl. 1314rrFM02225.DEC ..mac u.• •v[1Y TUKX STATE - •'� DEPARTMENT OF ENVIRONMENTAL CCNSE.:VAnCN PROJECT NO. DATE RECEIVED APPLICATION FOR VARI AI& FROM 6 NYCRR 360 An DEMINNAENT ACTION OATS EE APfUCATION INSTRUCTIONS ON REVERSE SIDE - (3 Aporoved Q Olsaamoved I OIMNE•t S NAME 2-ADDRESS(Street,City,State,Zia Code) Southold 3.Teteanone No. Town of Southold Town Hall 53095 Main Rd, PO Box 1179NY 11971 ( 516) 765-1800 OPERATCZ'S NAME S.ADDRESS(Street.City,State,Zia cc") Southold 16:Telepnone No. Town of Southold I Town Ha711 53095 Main Rd, PO Box 1179NY 11971 ((5"16) 765-1800 ENG,NEE•2'S NAME 8-AOORESS•(Street. City, State.Zip Code) 19.Teteonone No. Dvirka and Bartilucci 16800 Jericho Turnpike, Syosset, NY 11791 1.(:516) 364-9892 i.?ROJEC7,/FACILITY NAME Landfill Closure/Southold (Cutchogue) Landfill -?ROIECT STATUS 12-COUNTY IN WHICH FACILITY IS LOCATED 13.ENVIRONMENTAL CONSERVATION REG:C E2 Pubfic Q Private t Pr000sed Q Existing Suffolk Region I . OESC;USE SPECIFIC LOCATION OF FACILITY The Cutchogue Landfill is located on Middle Road ( C.R. 48) Cutchogue, New York. The property lies between Oregon Road to the north, Cox Lane to the east, 'diddle Road (. C.R. 48) to the south and Depot Lane to the west. TYPE OF PROJECT FACILITIES: ❑Composting ❑ Transfer I] Shredding C3 Baling a Sanitary Landlill 0 Incineration ❑Pyrolysis Q Resource Recovery-Energy I]R"a ce Recovery-Materials Q Other BRIEFLY DESCRJBE THE PROJECI INCLUDING THE BASIC PROCESS AND MAJOR COMPONENTS Capping/Closure of existing, inactive municipal solid waste landfill in accordance with 6NYCRR part 360, dated December 31, 1988 (latest revision January 25, 1992) SPECIFIC PROVISION OP 6 NYCRR 366 FROM WHICH A VARIANCE IS REQUESTED: .Segeoa- Paazmprt I variance deduest No. 2 (r) 4RIEFLT DESCxIBE PROPOSED VARIANCE 360-2. 13 (2) (iii) See Attached - Barrier Protection Laver IMPACTS OF VARIANCE APPROVAL OR DISAPPROVAL' t.Environmental Impact: See Attached Economic fmtuct: See Attached ZRTI FI CA TI ON: I hereby affirm under aenaltrd aertury that info tion orov ed /this orm and attached statements and exhibits is true to the best of my kneivtedze ar. !lief. False statemonrs made herein are ounrshable s a Eras A-m' em nor pursuant :o Section 210.45 of the Penal Law. i5 ,Supervisor, Town of Southold 3' L j 'Date Tho as H. Wickham Signature ano iitte t ISW-Z23 CENTRAL OFFICE COPY SEX- . INSTRUCTIONS FOR ComPLETION OF APPLICATiON FORM 47-19-3 General instructions: 1. The acct ication farm should tri cor„pieted in cuadruaiicate. The ariginai and two c0aies should be submitted to the Regional-Office of the Ne-.v York State toe.^.art+me.^.t of Environmental CJaser/aticn in the Region where the solid waste managerrent :ac:!ity i, or is arucuse= to ce Ificated. The fourth copy may to retained for your file. 2. With it-e acoilcation form, you ;houid have aisa ,eC?!ved a imac i ,i7wing .`a Envircnr2nta. Cun- servation Regtons and their addresses. 3. Entries on the application form should be eft+`.er type%vritt2n !,r neatly printed in b±act ink. Attach additional referenced sheets if soace on the appiicatton farm is insufficient or supple- mentary information is required or appropriate. :. The application may be submitted by the owner or any agent designated, in writing, by the owner. Written authorization by the rnvner must accompany all apaticanons by persons other than tate owner.. Specific Instructions: Item Inc.=a area code a5 cart of me ?e!2;.nCr2 ^C+u.^,2r. A!50 aca1725 :v Itertts 5 and Q. item 7. Tre engtreer must :e !iceris21 i+, New Yc:x State. Item ?3. The Environmental Conseriaiien Ra-!an c=n t.e ic_=nzi;;2= from i`e mao furni;ied with the acoii- cation. Ar Item 5. Mark the acorconate boxes for ail !`2 facillC?s ii-at will Ce inc:Lded in the proiec. Iters 17. Designate the specific reference in Part 3EO from :';hic:i a variance is prenosen. If mare than one variant=_ is recuested for a oroiec:, nuncer ea_ca variance consecutively in the space provide= crd St.::Gt1I a S2parai2 ;Cr cap Item 19. a. Demonstrate that approval df the proposed var7ance .vousd ::et result in significant adverse effects upon Ih2 erivironment, consicering iic:Ors such as health, safety, natural resources, aesthetics and site useability. b. Demonstrate that compliance with the identified provision would: on the basis of conditions unique and pecuiiar i0 t1le"3colic3nt'5 cart:cuiar Situation, t?.^.d IO Im0052 3 SLDSianttdl finamai, tecnnoto;a rl, or safety curcen on tt-2 applicant or-the public. i Item =0. If the aco icant is a'mt:ntc:::ality, tete for-i s.: TOWN OF SOUTHOLD CUTCHOGUE LANDFILL APPLICATION FOR VARIANCE FROM 6NYCRR PART 360 VARIANCE REQUEST NO.2 BARRIER PROTECTION LAYER 18. Briefly describe proposed variance The proposed variance to 6NYCRR Part 360-2.13(r)(2)(iii) is to reduce the required thickness of the barrier protection layer (BPL) from 24 inches to 12 inches. This request for a reduction of the layer thickness is made in keeping with the intent of the "Local Government Regulatory Relief Initiative - Guidance on Landfill Closure Regulatory Relief' dated February 26, 1993 which was prepared by the Department. 6NYCRR Part 360-213(r)(iii) states "a barrier protection layer of soil not less than 24 inches thick must be installed on top of the geomembrane cover. Material specifications, installation methods and compaction specifications must be adequate to protect the geomembrane barrier layer from frost action and root penetration, and to resist erosion and be stable on the final design slopes of the landfill cover. The lower six inches of this layer must be reasonably free from stones." The specific components of the proposed capping system will be detailed in the Closure Plans. In general, the capping system cross section will be as follows, from the bottom up: • Municipal solid waste • Contour grading material as required (minimum of 6 inches) • Geotextile • Gas venting layer (minimum 12 inches) • Geomembrane barrier layer *1314\T0221509 1 • Barrier protection layer(minimum 12 inches) • Vegetative growth medium(minimum 6 inches) • Vegetation. The issues to be addressed in consideration of a reduction in the thickness of the barrier protection layer are as follows: • Protection of the geomembrane from drainage due to frost heave • Surface runoff and subsurface drainage of the barrier protection layer • Slope stability • Protection of the geomembrane from damage due to root penetration • Resistance to erosion The issue of frost penetration is considered to ensure that the geomembrane barrier layer is not unduly stressed as a result of frost heave. The Cutchogue Landfill is located on the North Fork of Long Island and the average depth of frost penetration is estimated to be between 15 and 20 inches measured from the grade surface (see Figure 1 attached). For this discussion, the average depth of frost penetration shall be taken as 20 inches. The occurrence of frost penetration above the proposed geomembrane barrier layer is not considered to be detrimental to the integrity of the geomembrane given that it will not result in the displacement of the membrane. The proposed gas venting layer which underlies the geomembrane is a controlled, granular sand material with a specified permeability of no less than 1 x 10-3 cm/sec. As required by 6NYCRR Part 360, the gas venting layer will, by its nature, be a free draining material low in fine soil particles less than 200 mesh and, therefore, should not experience heave. The underside of the gas venting layer will be 30 inches below the exposed ground surface. This 30 inch depth exceeds the average frost penetration of 20 inches and provides for additional protection during periods of above average frost penetration. *1314\T0221509 2 2 10 3 Is 6 7 13 30 3S 40 CUTCHOGUE LANDFILL 1 2 36 21 I , s\3p -I2 / a 24 8 60 30 36 S4 419 36 41965 46 13 67 419 60 4 6 66 4 3 e A 4g S4 53 54 60 13 60 42 60 S1 19441 40 36 0 9 e 12 419 IS 24 ------ 4 419 3 4 1 19 2 6 6 21 6 6 119�48S4 - 'S a0 41 72 '3S 36 426 36 +y0 30 419 54 g 24 O 2a 419 2S 3$ 4S 24 12 42 30 1 2 12 16 42 19 - X20 42 40 119 2S S 2 17 20 224 24 3641936 30 34 1$ 35 302 moi. I 15 137 13 119 -` 24 10 2 21 12 21 16 119 30 60- ' 6 10 6 12 2 6\275 '6119 30 I IS 3 12 10 10 i? I 20_ 6 1 3 20 24 21 - - - 17 - 3 1IS 3 6 - 1 36 is 4 1 121 10 24 2 6 3 3 I _ _ 1 AVERAGE DEPTH OF FROST PENETRATION ( IN. ) SOURCE : U.S. DEPT. OF COMMERCE WEATHER BUREAU TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK CUTCHOGUE LANDFILL Dvirka and Bartilucci AVERAGE FROST PENETRATION OConsulting Engineers A Division of 'Mlliam F. Cosulich Associates, P.C. FIGURE I Surface runoff, subsurface drainage of the barrier protective layer and slope (veneer) stability will be addressed as part of the Closure Report required to document the design of the capping system. These items cannot be evaluated until such time as a grading plan is developed, the slope inclination is established, and the materials of construction are evaluated. Surface runoff and subsurface drainage will be quantified using the Hydrogeologic Evaluation of Landfill Performance (HELP) Model developed by the U.S. Army Corps of Engineers for the USEPA or other appropriate analytical model. The proposed reduction in the thickness of the barrier protection layer should adequately protect the geomembrane barrier layer from damage due to root penetration. The proposed vegetative cover for the capping system will be a mixture of turf grasses and legumes. The landscaping plan will not include the planting of any bushes or trees in the area of the landfill cap. The growth of woody vegetation will be controlled as part of the post closure maintenance by means of mowing. The proposed reduction in the thickness of the barrier protection layer should not have direct impact on the erodability of the surface of the proposed capping system. The top surface of the proposed capping system will be a 6-inch thick layer of equivalent vegetative growth medium. The erodability of the surface soils will be controlled through the planting and maintenance of grasses and/or legumes. The erosion resistance of the surface soil in conjunction with established vegetation will minimize the significance of the barrier protection layer thickness in protecting the geomembrane from exposure due to the erosional effects of sheet flow. 19. Impacts of variance approval or disapproval a. Environmental Impact The proposed variance will not have an environmental impact given that the proposed capping system will still retain all of the necessary components for proper closure. The 1314\T0221509 4 geomembrane barrier layer will preclude the infiltration of precipitation to the underlying waste mass and also prevent the occurrence of leachate seeps from the waste mass. b. Economic Impact The proposed variance for the reduction of the barrier protection layer from 24 inches to 12 inches will result in a savings to the Town of Southold estimated to be on the order of $24,000 per acre. Assuming as estimated cap area of 20 acres and an estimated savings of $24,000 per acre, the total savings to be realized as a result of this variance is on the order of $480,000. This savings is realized by reducing the required quantity of barrier protection layer material by approximately 800 cubic yards per acre (16,000 cubic yards for 20 acres) and the associated labor and equipment required for its placement. *1314\T0221509 5 •vtW TUNK STATiE I u 4 C un Lr OEPARTN(F_NT OF ENVIRONM4FRO1.1 CCNSE.:VAPC.N PRO) NO_ DATE RECEIVED APPLICATION FOR VARI A6 NYCRR 360 DEPAMENT ACTION �DATE E AFrUCATION INST7UC7.0NS ON REVERSE SIDE 0 AOtrroved Q Dlsacoroved OwNE2'S NAME 1.AOORESS(Street, City,State,Lia Cone) Southold 3-ieie0none No. Town of Southold Town Hall 53095 Main Rd, PO Box 1179NY 11971 ( 516) 765-1800 OPERATCR'S NAME S.ADDRESS(Street.City,State,Zio Code) Southold I6:Teieonone No. Town of Southold Town Ha-11 53095 Main Rd, PO Box 1179NY 11971K_516) 765-1800 ENGINE_.Z'S NAME 8.ACCRESS'(Street. City, State-Zia Code) 1 9.Televnone No- Dvirka and Bartilucci 16800 Jericho Turnpike, Syosset, NY 11791 1.(:5�6) 364-9892 P¢O1E�/FACILITY VAME Landfill Closure/Southold (Cutchogue) Landfill - PRO IEC—STATUS 1L COUNTY IN WHICH FACILITY IS LOCATED 13.ENVIRONMENTAL CONSEWATION REC:C [1 Public C:Private tt Pr000sed 0 Existing I Suffolk Region I OESC:USE SPECIFIC LOCATION OF FACILITY he Cutchogue Landfill is located on Middle Road ( C.R. 48) Cutchogue, New York. he property lies between Oregon Road to the north, Cox Lane to the east, 'Middle oad ( C.R. 48) to the south and Depot Lane to the west. (PE OF PROJECT FACILITIES: 0 Camposting o Ttanster (:j Shredding 0 Basins Sanitary Landfill C3 Incineration 0 Pyrolysis (]Resource Recovery-Energy C I Resawce Recovery-+Materials ❑Other IRIEFLY DESCRIBE THE PROJECT INCLUDING THE BASIC PROCESS AND MAJOR COMPONENTS Tapping/Closure of existing, inactive municipal solid waste landfill in accordance with )NYCRR Part 360, dated December 31, 1988 (latest revision January 25, 1992) ?ECIFIC PROVISION OF-6 NYCRR 360 FROM WHICH A VARIANC:IS REQUESTED; .S-et,on Parampn, Variance iteauest No. , 21EFLY DESC22BE PROPOSED VARIANCE 360-2. 13 (s) 3 ,e Attached - Topsoil Lai✓er PACTS OF VARIANCE APPROVAL OR DISAPPROVAL: Environmental Imoact: See Attached :commit )moact: See Attached "IFICATION: hereoy affirm under oenallraf aertury that infannat n orovi o t s f rm and attached sutements and eihiblts is true to the best of my knowl�.dge ar -f_ False statemonm made herein are punishable a a Crass mis ea r pursuant ,o Section 210_4S dr the Penal Law- ? 5 ,Supervisor, Town of Southold Oat Thomas H. Wickham sAgnature and iitle ,177) CENTRAL OFFICE COPY S:v-l3 INSTRUCTiONS FOR COMPLETiON' OF APPLICATION FORM :7-19-3 General instructions: I. The acofication form s+nould te compieted in cuadruaiicate. The original and ;•.vo causes should be submitted to the Regional-Office of the New York State Denartment of En iron-rental Coaserrztion in the Region where the solid waste management factfity is or is orucose= to ae located. The foLr:h copy may to retained for :our file. 2. With the 3oaiicatlon form, you 5houid •`.lav_ aiso rec„ved a ,T+av i.coving :::a Envircnc2n:a; Ca.1- servation Regions and their addresses. 3. Entries on the acolication form should be eit`er typewriUen !,r neatly -rinred in b!---c.< ink. Attach additional referenced sheets if soace on the npfication form is insufficient or suppie- mentary information is recurred or aacropriate. - :. The acpfication may be submitted 5y the owner or any agent desiccated, in writing, by the owner. Written authorization by the owner mtst -=cc-.m=any all appiicattons by :;ersons other than the owner.. Specific instructions: I!em inc=a :rea ccce as Car* or ;.a :-2leii+cr2 ++t:_=r. A:SJ soat:e5 :a Items 6 and 9. Item I fie engireer must `_e !ic2nse`: ii Vew YCrx 51a*e. Item 13. The Environment=l ConS_rvai1C:1 R2-icn c_r .`.2 iccn:ifiec from ;s a map furnished With the acoii- cation. Item 3. Mark the acarocriate boxes fcr _il i`e facilWas ;.at will be ircit:ced in the protect Item 17. Designate the specific reverence in Part 360 from whic:l _ variance is preoosed. If ,;.ore than one variance is recuested for a cro:ect, num:er Baca variance consecutively in the scace provft ec and 5:', r a se,;zra;2 - iicaily” fCr cam Item 19. • a. Demonstrate that accrovat of the procosed var�arce would rct result in significant adverse errects upon tie environment, consid2ring factors Such as health, safety, natural resources, aesthetics and site useability. b. (Demonstrate that compiianc2 with the identified provision would: on the basis of conditions unfgce and pecuiiar ;o the=acoifcant's cart:cLiar situation, tend to imoose a substantial financial, tecnnotog:cdl, or Safety curc2n on rte acolicant or--'Zhe public. Item =^. If the acolicant is a'muntc:�ati!v, t'ne corm s ouid be siped by the ort ncical executive orffcer or 212c,2d official ;o wrora ail c2rr2sconcence is to be _ddressed._;f acaficant is a Cartnershio, at ;east one partner =st Sign. I1 acotic3+li ;S a ccrccranon, the srSnature of an authcrized orfic2r is re^_uired. Include the name :r mualcicality, ::rtr.ership or ccrooratron with the title- or the inaividual signtne ;na.form. rrinr or (vice nave under Signature and insert address (it different from Item 2) -=ter brie. TOWN OF SOUTHOLD CUTCHOGUE LANDFILL APPLICATION FOR VARIANCE FROM 6NYCRR PART 360 VARIANCE REOUEST NO. 3 TOP SOIL LAYER 18. Briefly describe proposed variance The proposed variance to 6NYCRR Part 360 -2.13(s) [dated December 31, 19988, latest revision] is intended to provide a six (6) inch thick layer of equivalent vegetative growth medium in lieu of a six (6) inch thick layer of topsoil. 6NYCRR Part 360-2.13(s) (December 31, 1988) stipulates that the topsoil layer must be suitable to maintain vegetative growth and that the topsoil layer must be at least six (6) inches thick. The proposed equivalent vegetative growth medium shall be a blended mixture of yard waste compost and sand or silty-sand. This variance is consistent with the Local Government Regulatory Relief Initiative - Guidance on Landfill Closure Regulatory Relief, dated February 26, 1993 prepared by the New York State Department of Environmental Conservation. In addition, this variance request is consistent with 6NYCRR Part 360-2.13(s) dated October 9, 1993 (Revisions/ Enhancements to New York State's Solid Waste Management Facilities) which provide for an alternate soil layer material to be utilized in lieu of topsoil. The alternate soil layer material must be suitable to maintain vegetative growth and the installed material must be at lest six(6) inches thick. The source of the screened yard waste compost will be the Town of Southold Yard Waste Composting operation conducted on the site of the Cutchogue Landfill. The compost will be produced by window composting of leaves, brush and /or stumps, no grass. The source and nature of the soil to be blended with the compost will be determined as part of the Closure Report. The percentage mixture of screened compost and soil shall be determined to provide sufficient moisture retention to sustain an acceptable equivalent to naturally occurring topsoil. A 1314\T0221510 1 19. Impacts of variance approval or disapproval a. Environmental Impact The proposed variance will not have a detrimental impact on the environment or the integrity of the capping system. The proposed variance is supported by the Department's findings relative to the "Guidance on Landfill Closure Regulatory Relief' and the Department's revisions/enhancements to 6NYCRR Part 360-Solid Waste Management Facilities (dated October 9, 1993). The proposed variance will have a positive impact on the environment in that it will utilize the product of yard waste composting and will not require the commitment of a natural resource. namely topsoil. b. Economic Impact The economic impact of utilizing an equivalent vegetative growth medium in lieu of natural topsoil is a net savings to the cost of closure estimated to be on the order of$14,000 per acre or approximately $17.00 per cubic yard. Assuming an estimated cap area of 20 acres and an estimated savings of$14,000 per acre, the total savings to be realized as a result of this variance is on the order of$280,000. The actual savings to be realized is variable and is dependent upon the source and nature of the soil used in the blend, the percentage mixture of the blend and the soil amendments that may be required. *1314\T0221510 2 wcwYUKKSTATc �.+. s•..•c uac un<r OEPART1ILNT Of ENVIRONMENTAL CCNSE.2VATICN PROJECT NO. DATE RECEIVED APPLICATION FOR VARI A0 FROM 6 NYCRR 360 DEPMMENTACTION DATE EE APPUCATION INSTZUC77ONS ON REVERSE SIDE ❑ Approved ❑Olsaaoroved OWFtE..VS NAME 2.ADDRESS(Street. City,State.Zip Code) Southold 3,reieonorte No. Town of Southold I Town Hall 53095 Main Rd, PO Box 1179NY 11971 ( 516) 765-1800 OPE¢ATC;VS NAME 15.ADDRESS(Street.City,State,Zip Code) Southold l6:Teiaonotte No. Town of Southold Town Ha-11 53095 Main Rd, PO Box 1179NY 11971 {346) 765-1800 ENG.NE=WS NAME 8.ACCRESS'(Street. City, State,Zia Code) . 9.Teleonone No. Dvirka and Bartilucci 16800 Jericho Turnpike, Syosset, NY 11791 1.(:5).6) 364-9892 .7R0JEC:/FACILITY NAME Landfill Closure/Southold (Cutchogue) Landfill .PROJECT STATUS 12.COUNTY IN WHICH FACILITY IS LOCATED 13.ENVIRONMENTAL CONSUVATiON REC.0 Cr Public G Prfvate t Proposed r>Existing Suffolk ! Region I .OESCZISE SPECIFIC LOCATION OF FACILITY rhe Cutchogue Landfill is located on Middle Road (C.R. 48) Cutchogue, New York. Che property lies between Oregon Road to the north, Cox Lane to the east, =diddle toad (.C.R. s48) to the south and Depot Lane to the west. TYPE OF PROJECT FACILITIES: Q Cumoosting ❑Transfer C3 Shredding I3 Baling 11 Sanitary Landfill ❑Incineration ❑Pyrolysis Q Resource Recovery-Fitersy Q Resame Rectiverr-materials ❑Other dRIEFLY OESCRIBE THE PROJECT INCLUDING THE BASIC PROCESS AND MAJOR COMPONENTS Capping/Closure of existing, inactive municipal solid waste landfill in accordance with 6NYCRR part 360, dated December 31, 1988 (latest revision January 25, 1992) SPECIFIC PROVISION OF-6 NYCRR 360 FROM WHICH A VARIANCE 15 REQUESTED: .Secuon_ ParAuzon Variance itequest No. 4 360--2..15 (i) (4) BRIEFLY CESC;UBE PROPOSED VARIANCE -ee Attached - Groundwater Monitoring MPAC75 OF VARIANCE APPROVAL OR OISAPPROVAU .Environmental imoaet: See Attached Economic Impact: See Attached ;TiFICATION: 1 hefecy affirm undettienattraf aertury that informat n orovid on t f n.and atiaetted statements and eihibits is true to the best of mY knowledge ar fief. False statemontS made henern are ounrshabfe a Crass mild r di==nt:o Section 210.45 of fhe Penal Law. L y5 ,Supervisor, Town of Southold ate T om s H. Wickh m Signature dna title S SW-2 r a1-23 CENTRAL OFFICE COPY INSTRUCTiONS FOR COMPLETION OF AprLICATiON FORM ::-t9-3 General Instructions: 1. The acolicattOn form 0nuid e crir7ieted in cuadraciicate. The ongir.:i and :v ; n creates should be submitted to the Regional-Office of Ite New York State De^art-reni: of Environmental Consertaticn in the Region where the solid waste tranagerrent fac:fity i� or fs orucosed to ce Iticated. The foix:h copy may to retained for :our file. 2. With the acafication form, you ihouid har-i _Iso a ,�.aa i :,.ving ,`a Envircnrnanta: Con- servation Regions and their addresses. 3. Entries on the acafication form should be eimer typewnc:en f.r neatl-i printed in b±_cc ink. Attach additional referenced sheets if saace on the aooiic_:ion ler-( is insufficient or suppie- mentary information is recurred or accrocriate. The acafication may be submitted by the owner or any agent designated, in writing, by the owner. Written authorization by the owner must _ccc^cavy all appiicancrIs by cersons other than tate owner.. Seecific Instructions: Item IAC:tx2 df23 C002 a5 ;art Ofi21a'i.Ci.2 ''_•T�^cf. .-k:50 ac0f:2s :o Items 7 and 4. Item 7. The engineer jrrust _e !icen.sec I„ New Ycrx Stare. item '3. The Ervirenmental Carservaticn R2;:cn tar. to Ic=n:i;i2d from the nae f::rAlsned with the aocii- cztion. Item mark the acaroortate boxes icr _il !`a f_cilit:es t.at wt 11 to inc;Ldad in the prate:: item i. Desi;nat2 the specific reference in Part 3EO from which 2 variant- is precosed. If more than one variance is recuested for a oro:ec% r.==er each variance consecutively in the state arcvid2= and 3ut.mr a se✓arai2 tr Item 19. • a. Demonstrate that accroval of the prez:osed vana,rce Woc:fd -cc re5uit in sizitficant adverse effects uoon the environment, consic2ring factors such as health, safety, natural resourc_s, aesthetics and site useability. b. Demonstrate that comoiiance with the identified .-rovision would: on the basis of conditions unique and peculiar to the'acciicant's carr:c'_iar situation, t=rd to imoose a substantial financ:ai, tecrinorog=l, or safety curcen on the acaiicant or. 'h,e aublic. Item :^. if the acclican( is a'menircaii!v, t;.e forrn s:ouid to signed by the erincical executive officer or 212c:ad official t0 wcors ait c2rresconcence i5 to =e =ddressed. il"acalicant i5 a Carinershio, at ;east OrE Gartner .;t:St sign. I: c:;Ojjcznt :s a ccrccratlon, the i:Sndttlfe Or an authcrized Otiic_r is recuired. Include the name ci luntc1callty, :artrersnta or ccrzora(tOn Mtn the title Ot lite IrCIVIdual signing t�i2..fOrm. :"ease -rinr or tv;e name under signature aria insert address (1: different frcm Mein ') ;icer 111!2. TOWN OF SOUTHOLD CUTCHOGUE LANDFILL APPLICATION FOR VARIANCE FROM 6NYCRR PART 360 VARIANCE REQUEST NO. 4 GROUNDWATER MONITORING 18. Briefly describe proposed variance The proposed variance to 6NYCRR Part 360-2.15(1)(4) is intended to modify the required frequency for sampling and analysis of groundwater for baseline and routine parameters. 6NYCRR Part 360-2.15(1)(4) stipulates that the"annual baseline and quarterly routine monitoring must be performed on groundwater, surface water and leachate samples for a minimum period of five years. The requirements for subsequent analysis will be determined at the end of each five year period by the Department." Sampling and analysis of surface water and leachate samples is not applicable to the Cutchogue Landfill. There are no surface waters contiguous to the landfill property and site surface drainage does not discharge to surface waters. In terms of leachate, the existing landfill is an unlined facility and does not include the means to collect or sample leachate for the purpose of disposal or analysis. The proposed frequency for sampling and analysis of groundwater is semi-annually for routine parameters and every three (3)years for baseline parameters. The proposed variance for modification of the groundwater monitoring frequency is consistent with the Local Government Relief Initiative - Guidance on Landfill Closure Regulatory Relief, dated February 26, 1993 prepared by the New York State Department of Environmental Conservation. r *1314\T0221511 1 The existing groundwater quality in the area of the Cutchogue Landfill has been documented in the following reports: • Part 360 and Phase II Hydrogeologic Investigation Report Southold Landfill Town of Southold, Suffolk County, New York Prepared by Dvirka and Bartilucci Consulting Engineers, October 1991 • Part 360 and Phase II Groundwater Quality Assessment Report July 1992 Sampling Event Southold Landfill Town of Southold, Suffolk County, New York Prepared by Dvirka and Bartilucci Consulting Engineers, December 1992 • Part 360 and Phase II Groundwater Quality Assessment Report January 1993 Sampling Event Southold Landfill Town of Southold, Suffolk County, New York Prepared by Dvirka and Bartilucci Consulting Engineers, March 1993 The above referenced reports are on file with the New York State Department of Environmental Conservation, Region I and are appended to this variance application by reference. The above reports document the sampling and analysis of groundwater sampling events for July 1991, July 1992, and January 1993.. The July 1991 groundwater samples were analyzed for the Target Compound List (+30) (TCL+30) and leachate parameters in satisfaction of the requirements for a Phase II Investigation as well as a Part 360 Hydrogeologic Site Investigation. The July 1992 groundwater samples were analyzed for Part 360 Baseline Parameters. The January 1993 groundwater samples were analyzed for Part 360 Routine Parameters plus specific additional constituents (Modified Routine Parameters) identified in the Part 360 and Phase 11 Groundwater Quality Assessment Report dated December 1992. Each of the three sampling events included samples from the 14 groundwater monitoring wells constructed on the landfill property. The July 1992 sampling event also included groundwater samples from two Suffolk A 1314\T0221511 2 • County Department of Health Services (SCDHS) monitoring wells located at the landfill site and water samples from three private water supply wells located downgradient of the landfill site. The January 1993 sampling event also included the two SCDHS monitoring wells and five private water supply wells, two upgradient and three downgradient of the landfill site. The three sampling events July 1991, July 1992 and January 1993 constitute two rounds of sampling and analysis for Part 360 Baseline Parameters and one round of Part 360 Routine Parameters(modified to include additional constituents of interest). The findings of these studies indicate that a weak plume is emanating from the landfill but is limited in that the plume has not caused any observable impacts to nearby downgradient groundwater quality in off-site private water supply wells. The existing array of groundwater monitoring wells which have been constructed in accordance with 6NYCRR Part 360 constitutes a comprehensive monitoring network to document both upgradient and downgradient groundwater quality relative to the landfill site. The proposed monitoring program will continue to sample the existing 14 groundwater monitoring wells at a frequency of semi-annually for Modified Routine Parameters and every three years for Baseline Parameters.. The baseline sampling event will be alternated on each occasion in order to address seasonal fluctuations. In the event that the proposed sampling program documents a new or increased contravention of the groundwater standards, the Town shall determine whether the contravention is material or non-material and present their findings to the Department. Subsequent modification of the groundwater monitoring program as may be required shall be in accordance with the terms and conditions of the Stipulation Agreement. .A 1314\T0221511 3 i • 19. Impacts of variance approval or disapproval a. Environmental Impact The proposed variance to modify the groundwater monitoring frequency will not have a detrimental impact on the environment. The landfill shall be closed with a capping system in conformance with 6NYCRR Part 360. The landfill capping system will mitigate the infiltration of precipitation into the waste mass and result in a decrease in leachate over time. The capping system will also prevent the occurrence of leachate seeps from the waste mass. There are no surface waters proximate to the landfill site and, as such, contravention of surface waters is not an issue. The proposed groundwater monitoring program will continue to evaluate the quality of the upgradient and downgradient water quality on a regular basis and add to the existing data base. Routine sampling will be performed using the Modified Routine Parameters list established in the Groundwater Quality Assessment Report dated December 1992 and may be added to or deleted from as future analytical data warrants. Baseline sampling will be performed using the Baseline Parameters list specified by 6NYCRR Part 360. In the event that increased or new contravention of the groundwater quality is documented, the proposed groundwater monitoring program may be modified in accordance with the terms and conditions of the Stipulation Agreement. b. Economic Impact Implementation of the proposed groundwater monitoring program will result in a projected savings to the Town of Southold on the order of $900,000 over the 30 year post closure period, without considering inflation. *1314\T0221511 4 •NCW tvKK STATE OEPARTIIENT OF ENVIRONMENTA CCNSERVATICN PROIE NO. DATE dECEIVED APPLICATION FOR VARIAN RO1.1 6 NYCRR 360 DEPARTWNT ACTION (DATE :AFFUCATION INMUC71ONS ON REVERSE0 ro SIDE - 0 Approved Olsaopved OWNL%'S NAME 2.AOORESS(51reet. City,State,Zia Code) Southold 3.reteanone No. Cown of Southold Town Hall 53095 Main Rd, PO Box 1179Ny 11971 ( 516) 765-1800 OPE.2ATCZ'S NAME S.AOORESS(5treet.City,State,Zip Code) Southold I6.Teleowne Na Cown of Southold I Town Ha-11 53095 Main Rd, PO Box 1179NY 11971.(-5-16) 765-1800 _ENGINE=R'S NAME 8.ACORESS-(Street. City, State.Zip Code) t 9.Teleanone No. )virka and Bartilucci 6800 Jericho Turnpike, Syosset, NY 11791 1.(:516) 364-9892 'QOIE�/FACILITY NAME .andfill Closure/Southold (Cutchogue) Landfill IRC IECT STATUS 12-COUNTY IN WHICH FACILITY IS LOCATED 13.ENVIRONMENTAL CONSZWATION REG:C 0 Public 0 Private tT Proposed Q Existing Suffolk Region I )ESC]USE SPECIFIC LOCATION OF FACILITY Ie Cutchogue Landfill is located on Middle Road (C.R. 48) Cutchogue, New York. Ie property lies between Oregon Road to the north, Cox Lane to the east, 'diddle )ad (C.R. 48) to the south and Depot Lane to the west. YPE OF PROJECT FACILITIES: 0 Composting 0 Transfer 0 Shredding 0 Baling ® Sanitary Landfill 0 Incineration 0 Pyrolysis Q Resource Recovery-Energy ❑Resource Recovery-materials 0 Other UEFLY DESCRIBE THE PROJECT INCLUDING THE BASIC PROCESS AND MAJOR COMPONENTS apping/Closure of existing, inactive municipal solid waste landfill in accordance with NYCRR part 360, dated December 31, 1988 (Latest revision January 25, 1992) 'ECIFIC PROVISION OF-6 NYCRR 360 FROM WHICH A VARIANCE IS REQUESTED;. -S-q-,on_ Panmon variance Request No. 1 :tEFLY DESC:tIHE PROPOSED VARIANCE 360-2. 13 (0 (1) e Attached - Gas Venting Laver 'ACTS OF VARIANCE APPROVAL OR DISAPPROVAL: Environmental Impact: See Attached .conomic Impact: gee Attached 'IFICAnON: - - hereby affirm under oermitrof acrlury that inform on Prov ed o ti arm and attached statements and eihibits is true to the best of my kno.viedEe ar. -f. False statemonm made herrn are punishable s a Cas A mi r pursuant:o Section 210.45 of the Persil Law. ,Supervisor, Town of Southold Oath Tho as H. Wickham Signature and Title 7I sw-z3 CENTRAL OFFICE COPY s • 1 INSTRUCTIONS FOR COMPLETION* OF ApruCATiON FORM :7-19-3 G2neral Ins: ructions: ;. The acolication form should be cr)rpieted in cuadruoiicate. The origirai and V-vn copies should be submitted to the Re;ional.Office of the New York State Oe^srrment of Eriiror.:rent?I Conse!wticn in the Region where the solid waste rranagement fac:!ity i� or :s orucusec to oe located. The fourth copy may to retained for :our file. 2. With t::e application form, you :houid har_ aiso rece!ved a ,rag, s`,cwing ;`2 Envirc.;iren:at Cot- servaticn Regions and their addresses. 3. Entries on the application form should be eit`er typewru:2n it neatly -rimed in b!ack ink. Attach additional referenced sheets if space on the applicatlon for. is insufficient or supple- mentary information is required or appropriate. The application may be submitted by the owner or any agent designated, in writing, by the owner. Written authoriz=tion by the owner must accc.Tcany all applications by persons other than the owner.. Specific instructions: Item Inc=p area code as cart of ('n2 :'!e.hcr2 --.umnper- Aso acuiies :0 Items b and 9. Item 7. The enoireer must _e !icensm i., New YCrx Sta:2. Item :3. The Ervirenment_I CanS=rvatica RMon c .`.2 ic2rti2c ;ro,m (he map iarllin2`j with the 3pp11- c2ti0n. ` Item 5. .mark the appropriate dozes for _il t`e facilities ;.at will `e irc:uced in the prole:: Item 1. Designate the specific reference in Part 360 from :thiel a variance is preoosed. If ,more than one variance is requested for a croiect, numcer eac,i variance consecutively in the space praviC2d and 5::',^it a s2:;arat2 _..cliCa(iC,: fcr esz-. Item 19. a. Demonstrate that aocroval of the proposed+ var:ance wouid nor result in significant adverse effects upon the environment, consicarirg factors such as health, safety, natural resources, aesthetics and site useability. b. Demonstrate that compliance with the identified provision would: on the basis of conditions unique and pecuiiar to the=3p3i1c3nt's parr:cuiar situation, tend to impose a substantial financ:ai, tecnnotog=l, or safety burc2n on tt.e applicant or-4he public. Item If :he applicant is a'mt:nic:=al;tv, t;:e form st: TOWN OF SOUTHOLD CUTCHOGUE LANDFILL APPLICATION FOR VARIANCE FROM 6NYCRR PART 360 VARIANCE REQUEST NO. 1 GAS VENTING LAYER 18. Briefly describe proposed variance The proposed variance to 6NYCRR Part 360-2.13(p)(1) [dated December 31, 1988, latest revision] is to modify the soil gradiation requirements of the gas venting layer of the landfill capping system without altering the coefficient of permeability of the soil. 6NYCRR Part 360- 2.13(p)(1) stipulates that "the gas venting layer must have a minimum coefficient of permeability of 1 x 10-3 centimeters per second and a maximum of five percent by weight passing the No. 200 sieve." The proposed gas venting layer material shall have a minimum coefficient of permeability (hydraulic conductivity) of 1 x 10-3 centimeters per second and a maximum of ten percent by weight passing the No. 200 sieve after placement. This variance request is consistent with the Local Government Relief Initiative- Guidance on Landfill Closure Regulatory Relief, dated February 26, 1993 prepared by the New York State Department of Environmental Conservation. In addition, the variance request is consistent with 6NYCRR Part 360-2.13(p)(1) dated October 9, 1993 (Revisions/Enhancement to New York State's Solid Waste Management Facilities) which stipulates that "the gas venting layer have a minimum coefficient of 1 x 10-3 centimeters per second and a maximum of ten percent by weight passing the No. 200 sieve after placement. *1314\T0221508 1 19. Impacts of variance approval or disapproval a. Environmental Impact The proposed variance will not have a detrimental impact to the environment or the integrity of the capping system and is supported by the Department's findings relative to the "Guidance on Landfill Closure Regulatory Relief' and the Department's revisions/enhancements to 6NYCRR Part 360 Solid Waste Management Facilities (dated October 9, 1993). As noted above, the proposed gas venting soil will have a minimum coefficient of permeability of 1 x 10-3 centimeters per second, as required, and will provide for the proper venting of landfill gas from beneath the barrier layer. b. Economic Impact The economic impact of increasing the percent fine fraction of the gas venting layer material while maintaining the prescribed coefficient of permeability is estimated to be on the order of $2,000 per acre or $1.25 per cubic yard. Assuming an estimated capping area of 20 acres and an estimated savings of $2,000 per acre, the total savings to be realized as a result of this variance is on the order of $40,000. The actual savings to be realized is variable and is assumed to be dependent upon the transportation costs associated with the delivery of the material to the landfill site. The intended purpose of this variance is to increase the number of potential sources of the acceptable material which may be in close proximity to the landfill site, and thus, promote competition and reduce transportation costs. A1314\T0221508 2 d - NY'-DEI: TEL -51F,-444-0,4 1 ,-:144-0.� Aug 29 95 13 : f N0 .007 P . 0 i NCW YORK STATE DEPARTN(VfT OF�Y[t;ONMENTAL CONSERVATION �, tH Dq Huildirq; 40 -SIM Stony Brook, NY 11790-2356 S+ Phone (516) 444-075 Fax (316) "L4373 N m""T, P Mlohor 0.ZeUej, August 1, 1995 Commit;salun�► SuperviAs)r Thomas K. Wickham. Town of Southold Town Hall, Mahn Road soutnold, NY 11971 Dear Supervisor Winknam: The Department has reviewed tate four Applicationa for Variant.-* From 6 NYC" Part 360, dAted March 2, 1996, relating to the capping/closura and post-closure monitoring or thra Scutholt.l (cutchogue) Landfill. rn.tr review was conclut.iNd as follows: 1. Variance Request No. Z - Gas venting LayRr This varidnc:Q requests authorizatioll to increase the :Eines t!ontent or the gas venLinq layer of the final t-aver f:�om five percunt by weight to 10 pezcEtit by weight. This variance request is approved. 2. variance Request No. 2 - Harrier Droteotion Layer This variance requests alitharization to reduce the thickness of the bnrrisr protection layer from 24 inches to 12 i.nchea over a geomembrane bArrier layer. This vari appruvart. ance reque:et is 3. VarianCe R*qua>:t No. 3 - Topsoil Layer This variance requests Authorizdt-.innto replace the six-inch topsoil Layer with a cix(6) -inch thiuk layer at equivalent vegetative growth madl:tm. This variance is approved. 4 . Variance Request No. 4 - Groundwater MoniLoriAq This vat:id)tup requests modification of t ht.+ groundwater froquancy to semi-annual fur routine parameters and evo ry three yebr!, fnr basali,ne parameters. Thhj variance cannot be approved at this ti::ta, 49 the tests specified in th "Stipuld c i nit of Settlement" have not luamrt met. The Port-It"bran tax transmtnal me-mn 71171 yollpw•• Pam Co. (A tpt. pion•� ,/ � FHaA r - � New York State Departmeof Environmental Conservation Building 40—SUNY, Stony Brook, New York 11790-2356 IAN 3 1 1995 Telephone (516) 444-0375 Fax (516) 444-0373 1 a 1`14 W Langdon Marsh Commissioner January 25, 1995 Honorable Thomas H. Wickham Supervisor Town of Southold Town Hall, Main Road Southold, NY 11971 Dear Supervisor Wickham: This letter is in response to your October 18, 1994, request for a waiver of the stipulation requirement of a second round of baseline parameters at the Cutchogue Landfill. The Department has reviewed your request, along with the associated reports, and finds that the existing groundwater monitoring data is insufficient to approve, at this time. The limited existing groundwater data from those reports indicates contamination from both organic and inorganic constituents at multiple monitoring points. Furthermore, the 1993 Southold Landfill Groundwater Quality Assessment Report, by Dvirka and Bartilucci and dated March 1993, concludes, "Further rounds of groundwater sampling are necessary to identify any possible long-term trends which cannot be established based on three sets of analytical data. " Presently, 6NYCRR Part 360-2. 11 (c) (5) (ii) (a) and 2 . 15 (k) (4) requires, on an annual basis, quarterly groundwater sampling including one round of baseline and three rounds of routine. With these rounds of samples taken over a three and one half year period, the Town has yet to complete this minimum requirement. It is, therefore, recommended that the Town proceed with a complete closure investigation workplan in accordance with 6NYCRR Part 360-2 . 15 (a) and section "II B" of the Stipulation of Settlement and strongly suggested that the Town collect one complete set of baseline samples from each monitoring point in fulfillment of your Spring 1995 quarterly sampling effort. ��printed on recycled paper a w � 2 . As groundwater data is established within the requirements of Part 360 and the Stipulation of Settlement, the Department will re-evaluate the Town's request. Please contact me at the above number if you need to discuss this further. Sincerely, Anthony J. Cava, P.E. Regional Solid Waste Engineer AJC:AW:ek AJC111/GEN:file 52517 LetrPIC New York State Department of Environmental Conservation Building 40—SUNY, Stony Brook, New York 11790-2356 ON 3 ! 1995 Telephone (516) 444-0375 Fax (516) 444-0373 Langdon Marsh Commissioner January 25, 1995 Honorable Thomas H. Wickham Supervisor Town of Southold Town Hall, Main Road Southold, NY 11971 Dear Supervisor Wickham: This letter is in response to your October 18, 1994, request for a waiver of the stipulation requirement of a second round of baseline parameters at the Cutchogue Landfill. The Department has reviewed your request, along with the associated reports, and finds that the existing groundwater monitoring data is insufficient to approve, at this time. The limited existing groundwater data from those reports indicates contamination from both organic and inorganic constituents at multiple monitoring points. Furthermore, the 1993 Southold Landfill Groundwater Quality Assessment Report, by Dvirka and Bartilucci and dated March 1993, concludes, "Further rounds of groundwater sampling are necessary to identify any possible long-term trends which cannot be established based on three sets of analytical data. " Presently, 6NYCRR Part 360-2. 11 (c) (5) (ii) (a) and 2. 15 (k) (4) , requires, on an annual basis, quarterly groundwater sampling including one round of baseline and three rounds of routine. With these rounds of samples taken over a three and one half year period, the Town has yet to complete this minimum requirement. It is, therefore, recommended that the Town proceed with a complete closure investigation workplan in accordance with 6NYCRR Part 360-2 . 15 (a) and section "II B" of the Stipulation of Settlement and strongly suggested that the Town collect one complete set of baseline samples from each monitoring point in fulfillment of your Spring 1995 quarterly sampling effort. ��printed on recycled paper 2 As groundwater data is established within the requirements of Part 360 and the Stipulation of Settlement, the Department will re-evaluate the Town's request. Please contact me at the above number if you need to discuss this further. Sincerely, Anthony J. Cava, P.E. Regional Solid Waste Engineer AJC:AW:ek AJC#I/G EN:file 52S17 - - - �• Cor �4 11/14/94 14:57 $5, 27 4130 S.F.L. I. AND :0002/003 I c lay ' TOWN STATIONERY r ,opart BY CERTIFIED MAI RETURN RECEIPT REQUE9TED November 1994 Ray E. Cowan, P.E. Regional Director NYS Department of Environmental Conservation Building 40 SUNY Stony Brook Stony Brook, New York 11790-2356 re: Be inion to Mining ReclaMat 'on Plan and variance Dear Mr. Cowan: Kindly consider this letter the Town of Southold' s revised, updated reclamation plan and variance request for the ± 5 acre mined area to the north of the Cutchogue landfill . This letter is filed pursuant to Section IIG of the Stipulation of Settlement, dated October 5, 1994 and is intended to supplement the mining and reclamation plan dated June 1986, previously filed with the Department. The 1986 plan should be revised to add the northeasterly corner of the sand pit as part of the designated area that has been mined. That area is shown by cross-hatching on the attached site plan. The slopes in that area will be restored to a 2 : 1 grade by scaling back the top of the slope to the east . A visual inspection of the remainder of the pit area reveals that the slopes have, for the most part, stabilized over that past several years, and indeed, sustained plant growth exists throughout . Slope stabilization and grading will be implemented in those isolated areas of the pit where erosion appears to be occurring. The 1986 reclamation plan is revised to delete possible use of the pit area for landfilling of municipal solid waste. The area will be used as a stormwater recharge basin. At some future date, the Town may choose to utilize the area for yard waste composting. That alternative, should it be pursued, would be coordinated with the Department. A variance from the 25 foot setback is requested as contemplated in the October 5, 1994 Stipulation of Settlement . Thank you once again for your cooperation and assistance. if you have any questions or need any additional information, please do not hesitate to contact me. Very truly yours, Thomas H. wickham ddo FIGURF-04 ir $ N ARtA TO t1E MIRth "ZX .� lad tKRlE YtJ.R ►ERiOD i 30 1 ' • ss j • v lV 1 � / ARtA O 0E tfECETATE� U*DN COM/L TION Of mipassO O►6RAYtONS, I.•... ����<����� / w, 66811 ,N.t. OE COtVfTRtlCt60 T141 iBRI TER IIRONTINO f vAtt: _ IIIO/CRTI► O GIY6 Chet "I"a t / �• (ERitCY" i N M1 E OItA1NAGE ..`«N. CO C= INTO T11C PIT.' .�.. w...�•...— •NI.fWll. C1jlln"1' ., WR!• r� 04 a r.t..—-4-00-M t• l.�..V M• fM� t.Al.� � _ .w1.ra 4.111 • f Igloo 0444-#.tlrWord ltvmo a•t1d0-6. w1. L 11.11+.=4 01+.tl/y41 ....1.+ "m4s4 .�..11.M.. ••'�...�• pECLAMATION PLAN «l.r N" "" "� ,.t.l......�R .' b 1.41 ••• . 'r.wf1...1_ •«.• �• • PROPOSED CUTCHOGUE MINING SITE ls.•t 1••4", t�1f4W rIllrM •eltf • si/.r:ne�.�L w•. NOL.ZMACHLR, MCL.E14DON A• MURRELL, P.C. ,,,�•1•.�.«... _ AGC11RECt'alyL���-----'i'�.,ati.�. �1SIJLTIIty ENGIK.ERS.E>2+NAON111EKTJ1L�t<gt►ITISTS. r t tom ttal memo 7671 I N��Os�s • pptt•It btentl ta>< � t► O O t, Ua r 1'e— ce 09/23/94 12:45 NU. .=3 SEP -- 23 - 94 FR I 10 : 45 P - P - Q M : P . 02 FANNING, PHILLIPS 8 MOLNAR .W 464-ydavaA 47 47 909 MARCONI AVCNUIt RONKONKOMA, N¢W YORK 11779 RICHARD FANNING, P.E. (1031.1MV 916/737.6000 KEVIN L PHILLIPS.P F—Ph.D, 7161767-3327 GMY A. 1v[O1.NnR,p E. TELEC0p1ER 516/737.2410 September 23, 1994 Mr. Ray Cowen Regional Director New York State Department of Environmental Conservation SUNY - Building 40 Stony Brook, NY 11790 Dear Mr. Cowen: On behalf of the Town of Fast Hampton, Fanning, Phillips and Molnar (FP&M) is submitting one original set and two sets of copies of landfill closure variance applications for the Springs- Fireplace Road Landfill and the Montauk Landfill. Both landfills are located in the Town of Fast Hampton, New York. The variances applications have been prepared using the document entitled "Guidance on Landfill Closure Regulatory Relief, Fcbryary 26, 1993" prepared by the New York State Department of Environmental Conservation Division of Solid Waste. Should you requlre any additional information regarding these applications, please do not hesitate to contact me. Ver truly .yours, Peter Dernlody Department Manager Hydrogeology PD:tac cc: Marc Gerstman (via fax) Edward Reale (via fax) 09/23/94 12:45 Hu.Jib LkJ4 StEeP - 2Z - 94 PR I 10 : 44 F - P & M P . 03 ~ DEPARTMENT OF ENVIRONMENTAL CONSERVATION PROJECT NO, DATE RECEIVED • APPLICATION FOR VARIANCE FROM 6 NYCRR 360 "SEE APPLICAT{ON INSTRUCTIONS ON REVERSE SIDE DEPARTMENT ACTION DATE o Approved 0 Disapproved i. OWNER'S NAME 2, ADDRESS(Street,City, State,Zip Code) a. Telephone No, Town of East Hampton 159 Pantigo Road, East Hampton, NY (516) 324.4140 4. OPERATOR'S NAME 5. ADORERS (fittest,City, state,Zip Code) b. Telephone No. Town of East Hampton 159 Pantigo Road, East Hampton, NY (616) 324-4140 7. ENGINEER'S NAME S. ADDRESS (Street,City, State,Zip Code) 9. Telephone No. Fanning, Phillips and Molnar 909 Marconi Avenue, Ronkonkoma, NY (S 16) 737.6200 11779 10. PROJECT/FACILITY NAME ��...� Landfill Closure, SprinCs•Fireplace Road Landfill 11. PAOJECT STATUS 11, COUNTY IN WHICH FACILITY IS LOCATED 13. ENVIRONMENTAL O Public O Privets R Proposed O Existing Suffolk CONSERVATION REGION 1 14. DESCRIBE SPECIFIC LOCATION OF FACILITY Springs-Fireplace Road, East Hampton, New York between Springs-Fireplace and Accabonac Roads. +w 15. TYPE OF PROJECT FACILITIES 0 Composting 2 Transfer o Shredding 0 Boling R Sanitary Landfill n incineration 0 Pyrolysis o Rosource Recovery-Energy c Resource Rsoo4q.Materials a Other—CgDS1ruetion and Demolition La119i _ 11 16. BRIEFLY DESCRIBE THE PROJECT INCLUDING THE BASIC PROCESS AND MAJOR COMPONENTS Landfill Closure as per the 6 NYCRR Pert 360 regulatlons to Include capping of the landfill with a final cover system as per Part 360.2.15d. 17. SPECIFIC PROVISION OF 8 NYCRR 380 FROM WHICH A VARIANCE IS REQUESTED:+Section Paragraph Variance RMsest 360.2.13 1S) No. 1 18. iIRI£FLY OISCgia! PROPOSED VARIANCE The minimum six-inch 'topsoil` layer Is proposed to be replaced by a minimum six-inch layer of material that is capable of sustaining plant growth, controlling erosion, and promoting evapotranspiration. 19. IMPACTS of VARIANCE APPROVAL OR DISAPPROVAL: a. Environmental Impsot: None 5. Economic Impact! If construction and demolition fill/loll mixed with compost were used instead of topsoil, FP&M has calculated that the savinos would be $203,000 for the Springs-Fireplace Landfill. 20, CERTIFICATION: I haroby atf rm under penalty or pariyhr lhat a to �Pollldad on this form and attached statements end exhibits Is true to the boat or my knowledge sn be8ef, ales ttstunants made r s nlshable as a Cuss A misdemeanor pursuant to Seotlon 21.046 of the Penal Law. 1-� 7 y � Se>vlalc beta F7.tr T �'+on t signature and Tide 47.19.5(81771 CENTRAL OFFICE COPY Formerly SW-23 09/23/94 12:46 NU. spa LOU:) SEP - 23 - 94 FR I 1 0 4- 4 F - P ■ 86 M P . 04 OEPARTMQNT OF ENVIRONMENTAL CONSERVATIQN PROJECT NO. DATE R6CEIVE0 APPLICATION FOR VARIANCE FROM 6 NYCRR 360 SEE APPLICATION INSTRUCTIONS ON REVERSE 910E 0 Approved ACTION DATE 1 O Approved a Disapproved 1. OWNER'S NAME 2. ADDRESS (Street, City, State, Zip Cade) ,. Telephone No. Town of East Hampton 159 Pantigo Road, East Hampton, NY (5161324-4140 4. OPERATOR'S NAME S. ADDRESS (Street,City, State, tip Code) 0. Telephone No. Town of East Hampton 159 Pantigo Road, East Hampton, NY (516) 324.4140 7. ENGINEER'S NAME S. ADDRESS (Street,City, State. Zip Code) 9. Telephone No. Fanning, Phillips and Molnar 909 Marconi Avenue. Ronkonkoma, NY (518) 737-6200 11779 10. PROJECT/FACILITY NAME Landfill Closure, Sprinos-Fireplace Road Landfill 11. PROJECT STATUS 12. COUNTY IN WHICH FACILITY IS LOCATED 13. ENVIRONMENTAL o Public o Private fi Proposed O Existing Suffolk CONSERVATION REGION 1 14, DESCRIBE SPECIFIC LOCATION OF FACILITY Springs-Fireplace Road, East Hampton, New York between Springs-Fireplace bind Accabonac Roads. 15. TYPE OF PROJECT FACILITIES a Composting a Transfer O Shredding n Boling p Sanitary Landfill a incineration 0 Pyrolysis o Resource Recovery-Energy o Resource Recovery-Materials i Other Construction And Dem Won Landfill is. BRIEFLY DESCRIBE THI PROJECT INCLUCINO THE BASIC PROCESS AND MAJOR COMPONENTS Landfill Closure as per the 6 NYCRR Part 360 regulations to Include capping of the IandfIII with a final cover system as per Part 360-2.15d. 17. SPECIFIC PROVISION OF a NYCRR 360 FROM WHICH A VARIANCE IS REQUESTED; Seotion Paragraph Variance RaWast 360.2.13 (q) No. 2 la. BRIEFLY DESCRIBE PROPOSED VARIANCE The permeability requirements for a barrier layer contained in Part 360-2.13(q) are proposed to be reduced from 18 Inches of soil with a maximum hydraulic conductivity (k) of 10" cm/sec to 18 inches of soil with a maximum k of 10'6 em/sec. 19. IMPACTS OF VARIANCE APPROVAL OR DISAPPROVAL: a. EnvironmentelImpact-. The barrier layer will be, to a relatively small degree, more permeable which may allow more precipitation to enter the landfill mass. b. Economia impact: Granting this Variance would save the Town of East Hampton an estimated ,)169,000. 20. CERTIFICATION: I hereby affirm under penalty of pefluty 1haq0(qfWj6n ro dad on this form and attached statements and exhibits Is true to the bast of rr.y knowled4e an ballet. False statements made r shabla as a Class A ralsdemeenor"./pursuant to Seotion 21.046 of tM Penal Law. 4p/ldi+foLCIG/tr Date w A6TFx-UCvLood, Signature and Title 47.111-6 ►tunl CENTRAL OFFICE COPY Formerly 6w-73 - 09/23/94 12:47 NO. :bb Vib SEP - 23 - 94 FR I 10 : 45 F - P - 8: M . DEPARTMENT OF ENVIRONMENTAL CONSERVATION PROJECT NO. DATE ARORWEP APPLICATION FOR VARIANCE FROM 6 NYCRR 300 ' SEE APPLICATION INSTRUCTIONS ON REVERSE SIDE DEPARTMENT ACTION DATE o approved 0 Disapproved 1, OWNER'S NAME 2. ADDRESS(Street,City, State,Zip CodO 3. Telephone No, Town of East Hampton 169 Pantigo Road, East Hampton, NY (616) 324.4140 4. OPERATOR'S NAME S. ADDRESS(Street,City, State,Zip Code) 6. Telephone No. Town of East Hampton 159 Pantigo Road, East Hampton, NY (516) 324-4140 7. ENGINEER'S NAME A. ADDRESS (Street,City, State, Zip Code) 9. Telephone No. Fanning, Phillips and Molnar 909 Marconi Avenue, Ronkonkoma, NY (516) 737-6200 11779 10. PROJECT/FACILITY NAME Landfill Closure, Springs-Fireplace Road Landfill 11, PROJECT STATUS 12. COUNTY IN WHICH FACILITY IB LOCATED 13. ENVIRONMENTAL o Publle O Private 9 Proposed a Existing Suffolk CONSERVATION REGION 1 14, DESCRIBE SPECIFIC LOCATION OF FACILITY Springs-Fireplace Rood, East Hampton, New York betwoen Springs-Fireplace and Accabonac Roads. 16, TYPE OF PROJECT FACILITIES A Composting 9 Transfer o Shredding a Baling a Sanitary Landfill C Inoineration o Pyrolysia D Resovroe Roaovery-Energy O Resource Recovery-Materials R other Construction and_0elites tan Le j1! 16. BRIEFLY DESCRIBE THE PROJECT INCLUDING THE BASIC PROCESS AND MAJOR COMPONENT., Landfill Closure as per the 6 NYCRR Part 360 regulations to include capping of the landfill with a final covet system as per Part 360.2.15d. 17. SPECIFIC PROVISION OF 6 NYCRR 360 FROM WHICH A VARIANCE IS REQUESTED; Section Paragraph Variant Request 360-2.13 (r){Iii) No,3 11. BRIEFLY DESCRI81 PROPOSED VARIANCE The minimum 24-inch barrier protection layer requirements for goomembrane layer caps is proposed to be reduced to 12 inches. 1!. IMPACTS OF VARIANCE APPROVAL OR DISAPPROVAL: a. Envlronmentai impact: The permeability of the barrier layer would, to a relatively smell degree, increase and more precipitation could potentially enter the waste moos. b. Ecohomlo impaot: This variance would save the Town of East Hampton approximately 8316,000. 20, CERTIFICATION. I hereby affirm under penalty of perjury that Inform p vided on this form and attached statements and exhibits Is true to the best of my , knowledpa nd bsiltf, Fal,e statements made s4able as a Class A misdomoanor pursuant to Section 21.01'5 or the Penal Law. `j a 3 / s `� .� 'se-Il Dote l 926.VpfJ Signature and Title a-19 s(ani CENTRAL OFFICE COPY Formerly OW-13 s 09/23/94 12:4? NO.356 1?07 SEP - 23 - 94 FRI 10 ". .4s F - P - & M . P . 06 OEPARTM1114T OF ENVIRONMENTAL CON3ERVATION "OJECT NO, DATE RECEIVED APPLICATION FOR VARIANCE FROM 6 NYCRR 380 SEE APPLICATION INSTRUCTIONS ON REVERSE SIDE DEPARTMENT ACTION DATE 0 ApprovsQ in Disapproved 1. OWNER'• NAME 2. ADDRESS(Street,City, State,Zip Coda) 3. Telephone No. Town of fast Hampton 15$ Pantigo Road, East Hampton, NY (516) 324.4140 4. OPERATORS NAME 6. ADDRESS(Street,City, State,Zip Code) 6. Telephone No, Town of East Hampton 159 Pantigo Road, East Hampton, NY (516) 324.4140 7. ENGINEER'S NAME 8. ADDRESS (Street,City, State,Zlp Code) 9. Telophons No. Fanning, Phillips and Molnar 909 Marconi Avenue, Ronkonkoma, NY (516) 737-6200 11779 10. PROJECT/FACILITY NAME Landfill Closure, Springs-Fireplace Road Landfill 11. PROJECT STATUS 12. COUNTY IN WHICH FACILITY IS LOCATED 13, ENVIRONMENTAI, o Public 0 Private O Proposed O Existing Suffolk CONSERVATION RE010N 1 14. DESCRIBE APECIFIC LOCATION OF FACILITY Springs-Fireplace Road, East Hampton, Now York between Springs-Fireplace amd Accabonac Roads. IS. TYPE OF PROJECT FACILITIES 0 Composting I Tranefor a shredding la Baling ■ sanitary Landfill a Incineration o Pyrolysis o Resource Recovery-Energy n Resource Recovery Materials N Other_Q0a=ctIon and Oemolitifln Landfill 16. BRIEFLY DESCRIBE THE PROJECT INCLUDING THE BASIC PROCESS AND MAJOR COMPONENTS Landfill Closure as per the 6 NYCRR Part 360 regulations to Include capping of the landfill with a final cover system as per Part 360.2.16d. 17. SPECIFIC PROVISION OF 6 NYCRR 360 FROM WHICH A VARIANCE IS REQUESTED: Section Paragraph Venancio Request 360.2.13 100) No.4 It, BRIEFLY DESCRIBE PROPOSED VARIANCE The gas venting layer material requires a maximum of 5 percent by weight passing the no. 200 sieve after placement. It is proposed that a variance be granted to a maximum 10 percent by weight passing the no. 200 sieve after placement, 19. IMPACTS OF VARIANCE APPROVAL OR DISAPPROVAL: a. EnviroWaMail Impact: None. The IDEC has reported to FP&M that the gas venting layer will be effective whether the material contains 5 or 10 percent material pasting a no. 200 sieve. b. Economie Impact: The economic impact has not been evaluated at this time as it has not been determined if the material the Town of East Hampton will meet the 5 percent criteria. 20. CERTIFICATIONI I hereby afflrm under penalty of patjwy that Inf metic 9 ov d on this form and attached statsmonts and exhlblta Is true to the beet of my knewladpe bolter False statenynts made hate I/nI sble as a Class A mlademeaner pursuant!e taalbn 21.046 of the Penal Law, 9 23 ? 'l G 1 Date cflNpj Signature end Title 47-12.6I8n71 CENTRAL OFFICE COPY forn+e.lr aW2S 09/23/94 12:48 Nu. sib I�bb := EP — .23 - 94 FR I 1 0 : 46 F - P - Q M P . 07 DEPARTMENT OF ENVIRONMENTAL C9NSgRVATION PRO4CT NO. DATE RECEIVED APPLICATION FOR VARIANCE FROM 6 NYCRR 360 SE9 APPLICATION INSTRUCTIONS ON REVERSE SIDE DEPARTMENT ACTION DATE 0 Approved d Disapproved 1. OWNER'S NAME 2. ADDRESS (Street,City, State,Zip Code) a. Telephone No. Town of East Hampton 159 Pantigo Road, East Hampton, NY (516) 324-4140 4. OPERATOR'S NAME 6. ADDRESS 16treet, City, State,21p Code) 6. Telephone No. Town of East Hampton 169 Pantigo Road, East Hampton, NY (516) 324-4140 7. ENGINEER'S NAME a. ADDRESS (Street, City. State,7p Code) 9. Telephone No. Fanning, Phillips and Molnar 909 Marconi Avenue, Ronkonkoma, NY (516) 737-6200 11779 10. PROJECTNACILITY NAME Landfill Closure, Springs-Fireplace Road Landfill 11. PROJECT STATUS 12. COl1NTY IN W141CH FACILITY IS LOCATED 13. ENVIRONMENTAL 0 Public o Private o Proposed Q Existing Suffolk CONSERVATION R90ION 1 14. DESCRIBE SPECIFIC LOCATION OF FACILITY Springs-Fireplace Rood, East Hampton, New York between Springs-Fireplace and Accabonsc Roads. 15. TYPE OF PROJECT FACILITIES O Composting a Transfer o shredding C Boling I SoNtery Landfill 0 lncinaratlon 0 Pyrolylle 0 Resource Recovery-Energy a Resource Rwovery Materials # OthertrVgti4r_And Demolition_Lan�� 1!. BRIEFLY DESCRIBE THE PROJECT INCLUDING THE BASIC PROCESS AND MAJOR COMPONENTS Landfill Closure as per the 8 NYCRR Part 300 regulations to include capping of the landfill with a final Cover rsyStem as per Part 360-2.15d. 17. SPECIFIC PROVISION OF a NYCRA 360 FROM WHICH A VARIANCE IS REQUESTED: Section Paragraph Variance Raquaet 360-2.13 (p) No. 5 13. ERIEFLY DESCRIBE PROPOSED VARIANCE The gas Venting system is proposed to be eliminated and replaced by a minimum of four gas vents per acre and post- closure explosive gas monitoring as described in the DEC document "Guidance on Landfill Closure Regulatory Relief, February 28, 1993.' 19. IMPACTS OF VARIANCE APPROVAL OR OISAPPROVAL; a. EmAtonmohtallmpact: Nona. The variance allows for monitoring to prevent the accumulation and migration of slgnifiCent levels of landfill gas. b. Economia impact: The economic impact has not been calculated. 20. CERTIFICATION: i hereby affirm under penalty of perjury that(rtl rme jn p vlded on this form and attached statements and exhlbtte It true to the beat of my knowledge and belief. False statements made he-1Ft pu ohs as a Class A miede nesnor pursuant to Section 21.045 of the Penal Law. S �4ti yy A/�o ,�Uti rT _ .�._. Oats pf � ���� slonoture and Td 47.1e.S CENTRAL OFFICE COPY Fom+ady aw•23 09/23/94 12:48 NO.3bb 1�013 SEP - 225 - 91 -4 FRI 1 0 : 4 -r F - P & M . P . 0 B 9CPARYMENT OF ENVIRONMENTAL CONSERVATION PRpJtCT NO. DATE PtICEIVED APPLICATION FOR VARIANCE FROM 6 NYCRR 360 SEE APPLICATION INSTRUCTIONS ON REVERSE SIDE DEPARTMENT Disapp&TION DATE Disapp a Approved n roved 1. OWNER'S NAME 2. ADDRESS(Street,City, State, ZIP Code) - 3. Yelephone No. Town of East Hampton 169 Pantigo Road, East Hampton, NY (616) 324.4140 4. OPERATOR'S NAME 6. ADDRESS tStreet,City, state,Zip Code) e. Telephone No. Town of East Hampton 169 Pentigo Road, East Hampton, NY 1516) 324.4140 7. ENGINEER'S NAME r S. ADDRESS (Street, City, State. Zip Code) f. Telephone No. Fanning, Phillips and Molnar 909 Marconi Avenue. Ronkonkoma, NY (516) 737.6200 11779 10. PROJECT/FACILITY NAME Landfill Closure, Springs-Fira place Road Landfill 11. PROJECT STATUS 12. COUNTY IN WHICH FACILITY IS LOCATED 13. ENVIRONMENTAL o Public O Private a Proposed 0 Existing Suffolk CONSERVATION REGION 1 14. DESCRIBE SPECIFIC LOCATION OF FACILITY Springs-Fireplace Road, East Hampton. New York betwoon Springs-Fireplace and Accabonac Roads. 16. TYPE OF PROJECT FACILITIES R Composting a Transfer o Shredding o Baling a Sanitary Landfill o lncinaration o Pyrolysis G ReaOure+ Recovery-Energy O Roeouroe Reoovdry-Materials R other Construct on and Demolition Landfill 16, BRIEFLY DESCRIBE THE PROJECT INCLUDING THE BASIC PROCESS AND MAJOR COMPONENTS Landfill Closure as per the 6 NYCRR Part 360 regulations to include capping of the landfill with a final cover system as per Part 300-2.15d. 17. $PECIFIC PROVISION OF Q NYCRR 360 FROM WHICH A VARIANCE IS REQUESTED: Section Paragraph Variance Request 360.2.15 (i)(4 No. 6 It, BrtIEFLY DESCRIBE PROPOSED VARIANCE The frequency of post-closure groundwater monitoring Is proposed to be reduced from.annually for baseline parameters and quarterly for routine parameters to annually for routine parameters and once every five years for baseline parameters. 18. IMPACTS OF VARIANCE APPROVAL OR DISAPPROVAL: a. Environmental Impact: There are no apparent impacts since the landfill would be capped, leachate generation would be reduced or eliminated, and, therefore, it Is not expected that groundwater quality would deteriorate but would improve. Therefore, It would appear that reduced monitoring frequency would be appropriate. b. Economic Impoict: This variance was calculated by FP&M to save the Town of East Hampton approximately $2.4 million over the 30-year monitoring period. 20. CERTIFICATION: 1 hereby affirm under pertahy of pehury that Info mad pr yidad en thk farm and attached statements and exnlblts Is tna to the best or my knowtodge a d belief,rFalse statornente made her a shable as a Close A misdemeanor pursuant to Section 21.045 of the Portal Law. Data �� �yf�.1�� Slpnsture and Title 47.10.6 IW71 CENTRAL OFFICE COPY forrnsov aW23 09/23/94 12:49 NO.356 910 SF- P - 215 - 94 FR2 1 ® : 46 F ■ Fs B. M . P . 09 DEPARTMENT OF ENVIRONMENTAL CONSERVATION PROJICT NO. DATE RECEIVED APPLICATION FOR VARIANCE FROM 6 NYCRR 360 SEE APPLICATION INSTRUCTIONS ON REVERSE$IDS DEPARTMENT ACTION DATE a Approved G Disapproved 1. OWNER'S NAME 2. ADDRESS(Street,City, Stets.Zip Coda) 3. Telephone No, Town of East Hampton 159 Pantigo Road, East Hampton, NY' (S16) 324-4140 4. OPCRATOR'S NAME S. ADDRESS (Street, City, State, Zip Code1 0, Telephone No. Town of East Hampton 159 Pantigo Road, East Hampton, NY (516) 324-4140 7. ENGINEER'S NAM! a. ADDRESS (Street,City, State, Zip Code) 9. Telephone No. Fanning, Phillips and Molnar 909 Marconi Avenue, Ronkonkoma, NY (516) 737-6200 11779 10. PROJECT/FACILITY NAME Landfill Closure, Springs-Fireplace Road Landfill 11. PROJECT STATUS 12. COUNTY IN WHICH FACILITY IS LOCATED 13. ENVIRONMENTAL o Puhlio 0 Private N Proposed 0 Existing Suffolk CONSERVATION R9010N 1 14. DESCRIBE SPECIFIC LOCATION OF FACILITY Springs-Fireplace Road, East Hampton, New York between Springs-Fireplace and Accabonac Roads. IS. TYPE OF PROJECT FACILITIES 0 Composting Y Transfer 0 Shredding O Baling R Sanitary Landfill Q Incineration t1 Pyrolysis 0 Resource Recovery-Energy o Resource RecovErv-mate rials a other Constructig nd-Demolition Landfill Ill. BRIEFLY DESCRIBE THE PROJECT INCLUDING THE BASIC PROCESS AND MAJOR COMPONENTS Landfill Closure as per the 6 NYCRA Part 360 regulations to Include capping of the landfill with a final cover system as per Part 360.2.15d. 17. sPECIFIC PROVISION OF S NYCRR 300 FROM WHICH A VARIANCE IS REQUESTED: Section Paragraph Variance Request 360-2.15 (i)(4) No. 7 It. BRIEFLY DESCRIBE PROPOSEO VARIANCE The frequency of post-Closure groundwater monitoring is proposed to be reduced from annually for baseline parameters and quarterly for routine parameters to twice per year for routine parameters and once every three years for baseline parameters. IS. IMPACTS OF VARIANCE APPROVAL OR DISAPPROVAL: a. EnAtonmamal Impact: There are no apparent Impacts since the landfill would be capped, leachate generation would be reduced or eliminated, and, therefore, It Is not expected that groundwater quality would deteriorate but would Improve. Therefore, it would appear that reduced monitoring frequency would be appropriate. b. Economic knpaot: This variance was calculated by FP&M to save the Town of East Hampton approximately $1.7 million over the 30-year monitoring period. Z0. CERTIFICATION: I hereby affirm under penalty of perjury that info ation p Ide this form and attached ltatenler►te and f1rdbits Is true to the bolt of my knowledge and belief. False statements Tads herein he to a Claes A misdemeanor pursuant to$sctlon 21.045 of the Panel Law. Dater Aev?< aeeri. !� Signature and Title 47-11-5161771 CENTRAL OFFICE COPY Fofteefy$W23 09/23/94 12:50 NO.356 911 SEP - 23 - 94 PRI 10 ". 48 F - P - e: M . P . 1 0 DEPARTMENT OF ENVIRONMENTAL CONSERVATION PROJECT NO. DAT9 RECEIVED APPLICATION FOR VARIANCE FROM 6 NYCRR 360 SEE APPLICATION INSTRUCTIONS ON REVERSE SIDE DEPARTMENT ACTION DATE o Approved o Disapproved 1. OWNER'S NAME 2. AODRESS IStrast,City, State, Zip Coda) 3, Telephone No. Town of East Hampton 169 Pantigo Road, East Hampton, NY (516) 324-4140 4, OPERATOR'S NAME S. ADDAESS (Street. City, State, 210 Cade) 1. Talsphone No. Town of East Hampton 169 Pantigo Road, East Hampton, NY (616) 324-4140 7. ENGINEER'S NAME S. ADDRESS (Street, City, State,Zip Code) 9. Telephone No. Fanning, Phillip& and Molnar 909 Marconi Avenue, Ronkonkoma, NY 1516) 737-6200 11779 10. PROJECT/FACILITY NAME Landfill Closure, Montauk Landfill, Montauk, New York 11. PROJECT STATUS 12, COUNTY IN WHICH FACILITY IS LOCATED 13. ENVIRONMENTAL ❑Public 0 Private 9 Proposed O Existing Suffolk CONSERVATION REGION 1 14. DESCRIBE SPECIFIC LOCATION OF FACILITY North of Route 27, Montauk, New York 1S. TYPE OF PROJECT FACILITIES D Composting P Transfer ❑ Shredding ❑ Baling Q Sanitary Landfill 0 Incineration 0 Pyrolysis C Resource Reoovery-Energy o Resouree RecoveryMatedals 0 Other 16. BRIEFLY DESCRIBE THE PROJECT INCLUDING THE BASIC PROCESS AND MAJOR COMPONENTS Landfill Closure as per the 6 NYCRR Part 360 regulations to Include capping of the landfill with a final cover system as pqr Part 360-2.16d. 17. SPECIFIC PROVISION OF a NYCRR 360 FROM WHICH A VARIANCE IS REQUESTEO: Section Paragraph Variance Request 380.2.13 (S) No. 1 1S. 1RI1FI,Y OESCRISE PROPOSED VARIANCE The minimum Six-inch 'topsoll' layer 13 proposed to be replaced by a minimum six-inch layer of material that is capable of sustaining plant growth, controlling erosion, and promoting evapotranspiration. 19. IMPACTS OF VARIANCE APPROVAL OR OISAPPAOVAL: a, Environmental Impact.- None b. Econornle Impact: If construction and demolition fill/soli mixed with compost were used Instead of topsoll, FP&M has calculated that the savings would be 1169,000 at the Montauk Landfill. 20. CERTIFICATION: I hereby affirm under penalty of penury that Inform pro i ed o ills form and attached statements and exhibits Is true to the lest of my knowledge nd bellef. False statements made hereto ar unls Ia s a Claes A misdemeanor pursuant to Seaton 21.046 of the Penal Law. 1 S/ ` l S'eIvI -/t H •a G ac.��� 1'l —04 10 Signature and Title 47.11.6(111477) CENTRAL OFFICE COPY Formerly 8W23 09/23/94 12:50 NO.356 P12 SEP - 23 - 94 FRI 10 : 49 F - P - & M . P . 11 DEPARTMCNT OF ENVIRONMENTAL CONSERVATION PROJECT NO. DATE RECEIVED 'APPLICATION FOR VARIANCE FROM 6 NYCRR 360 - 619 APPLICATION INSTRUCTIONS ON REVERSE SIDE DEPARTMENY ACTION DATE 17 Approved 0 Diznpproved 1. OWNER'S NAME 2. ADDRESS (Str'ot,City, State, Zip Cods) 3. Telsphoris No. Town of East Hampton 159 Pantigo Rood, East Hampton, NY (516) 324-4140 4. OPERATOR'S NAME S. AODRESS (Street,City, State,Zip Code) e. Telephone No. Town of East Hampton 159 Pantigo Road, East Hampton, NY 1516) 324.4140 7. ENGINEER'S NAME 8. ADORESS (Street,City, State,Zip Code) 8. Telephone No. Fanning, Phillips and Molnar 909 Marconi Avenue, Ronkonkoma, NY (516) 737.8200 117'79 10, PROJECT/FACILITY NAME Landfill Closure, Montauk landfill, Montauk, New York 11. PROJECT STATUS I?. COUNTY IN WHICH FACILITY IS LOCATED 11. ENVIRONMENTAL a Public 0 Private 4 Proposed a Evisting Suffolk CONSERVATION REGION 1 14. DESCRIIIE SPECIFIC LOCATION of FACILITY North of Route 27, Montauk, New York 1S. TYPE OF PROJECT FACILITIES O Composting a Transfer 0 Shredding 0 Baling R Sanitary Lendlill 0 Incineration C Pyrolysis 0 Rasetrroe RsoevaryEnerpV 0 Resource Ractive ry-Metedais o Other 16. BRIEFLY DESCRIBE THE PROJECT INCLUDING THE 6ASIC PROCESS AND MAJOR COMPONENTS Landfill Closure as per the 6 NYCRR Part 380 regulations to Include capping of the landfill with a final cover system as per Part 360-2.15d. 17. SPECIFIC PROVISION OF 6 NYCRR 360 FROM WHICH A VARIANCE IS REQUESTED: Ssotlon Paragraph Varianae Request 360.2.13 (q) No, 2 1e, BRIEFLY DESCRIBE PROPOSED VARIANCE The permeability requirements for a barrier laver contained in Pan 360.2.13(q) are proposed to be reduced from 18 inches of soil with a maximum hydraulic Conductivity (k) of 10'' cm/sec to 18 inches of soil with a maximum k of 10'6 cm/aec. 19. IMPACTS OF VARIANCE APPROVAL OR DISAPPROVAL: e. Envlronmerttal Impaet: The barrier layer will be, to a relatively Small degree, more permeable which may allow more precipitation to enter the landfill mass. b. Economic Impact: Granting this variance would save the Town of East Hampton an estimated $157,000. 20. CERTIFICATION. 1 hereby affirm under penalty or perjury that inform tion 1 n this form and attached statements and exhibits Is true to the best of my, knowledge end 'fief. False statements made hotel a 4 to as a Class A misdemesner purauent to Section 21,045 of the Penal law. Geta Signature and Title 47.1s-S(61771 CENTRAL OFFICE COPY Formerly SW-21 09/23/94 12:51 NO.356 D13 SEP - 23 - 94 FRI 10 Mme F • P & M ta . 1. 2,. DEPARTMENT OF ENVIRONMENTAL CONSERVATION PROJECT NO. DATE RECEIVED APPLICATION FOR VARIANCE FROM 6 NYCRR 360 DEPARTMENT ACTION DATE SE!APPLICATION INSTRUCTIONS ON REVERSE 610E o Apptoved 0 Disapproved 1. OWNER'S NAME 2. ADDRESS(Street,City. State,Zip Code) 3. Telephone No. Town of [pat Hampton 159 Pentigo Road, East Hampton, NY (516) 324-4140 4. OPERATOR'S NAME S. ADDRESS (Street,City, State, Zip Code) e. Telephone No. Town of East Hampton 159 Pantigo Road, East Hampton, NY (516) 324-4140 ^ 7, ENGINEER'S NAME S. ADDRESS (Street,City, State, Zip Code) 9. Telephone No. Fanning, Phillips and Molnar 909 Marconi Avenue, Ronkonkoma, NY (516) 737-6200 11779 to. PROJECT/FACILITY NAME Landfill Closure, Montauk Landfill, Montauk, New York 11. PROJECT STATUS 12. COUNTY IN WHICH FACILITY IS LOCATED 13. ENVIRONMENTAL o Public o Private I Proposed 0 Existlnp Suffolk CONSERVATION REGION 1 14. DESCRIBE SPECIFIC LOCATION OF FACILITY North of Route 27, Montauk, New York 16. TYPE OF PROJECT FACILITIES D Composting a Transfer O Shndding o 88ling a Sanitary Landfill O Inelneretlon o Pyrolysis 0 Resource Reeovery-Energy o Reeauree Recovery-Moteriale C Other is, BRIEFLY DESCRIBE THE PROJECT INCLUDING THE BASIC PROCESS AND MAJOR COMPONENTS Lpndfill Closure as per the 6 NYCRR Part 360 regulations to include capping of the landfill with at final cover system as per Part 360-2.15d. 17. SPECIFIC PROVISION OF S NYCRR 260 FROM WHICH A VARIANCE IS REOUESTED: Section Paragraph Variance Request 360.2.13 (6 iii) No.3 1e. BRIEFLY DESCRIBE PROPOSED VARIANCE The minimum 24-inch barrier protection layer requirements for geomembrane layer caps is proposed to be reduced to 12 Inches. 19. IMPACTS OF VARIANCE APPROVAL OR DISAPPROVAL; a, EnvironmantalImpact: The pormeablllty of the barrier layer would, to a relatively small degree, increase and more precipitation Could potentially enter the waste mass. b. toonomia Irnpaot: This variance would save the Town of East Hampton approx mately 9294,000. =0. CERTIFICATION: I hereby affirm under penalty of perjury that intormation avid d on this form and attached stateents and exhibits It crus to the boot of my knowledge belief Falte statements made here:+ire a tm o as a Class A tnlsdomeanor pursuant to Section 21.046 of the Penal Law. Date �g-1040 A fir,&OVa Signature and Title 42-1e•5 tend CENTRAL OFFICE COPY ao"neny SW23 Gr)i23i94 . 12:51 NO.356 914 S E P - 23 - 94 F R I 1 -eF0 F - P � IL M DEPARTMENT OF ENVIRONMENTAL CONSERVATION PROJECT NO. OATH 1tECEtVtO APPLICATION FOR VARIANCE FROM 6 NYCRR 360 DEPARTMENT ACTION DATE SEE APPLICATION INSTRUCTIONS ON REVERSE SIDE a Approved D Disapproved 1. OWNER'S NAME 2. ADDRESS (Street, City, Stets.Zip Code) 3. Telephone No. Town of East Hampton 159 Pantigo Road, East Hampton, NY (516) 324-4140 4. OPERATOR'S NAME 5. ADDRESS (Street, City, Stets, Zip Cada) e. Telephone No. Town of East Hampton 159 Pantigo Road, East Hampton, NY (516) 324.4140 7. ENGINEER'S NAMC !. ADDRESS (Street,City, State, Zip Code) 9, Telephone No. Fanning, Phillips and Molnar 909 Marconi Avenue, Ronkonkoma, NY (516) 737-6200 11779 10. PROJECTIFACILITY NAME Landfill Closure, Montauk Landfill, Montauk, New York 11. PROJECT STAID! 12. COUNTY IN WHICH FACILITY IS LOCATED 13. ENVIRONMENTAL 0 Public 0 Private Y Proposed o Existing Suffolk CONSERVATION REGION 1 14. DESCRIBE SPICIFIC LOCATION OF FACILITY North of Route 27, Montauk, New York 15. TYPE OF PROJECT FACILITIES o Composting a Transfer o Shredding o Baling B Sanitary Landfill a Incineration 0 Pyrolysis o Resource Recovery-Inargy o Rssoures RacoverrMsterials o Other 1e. BRIEFLY DESCRIBE THE PROJECT INCLUDING TNI BASIC PROCESS AND MAJOR COMPONENTS Landfill Closure as per the 6 NYCRR Part 360 regulations to Include capping of the landfill with a final Cave( system as per Part 360.2.16d. 17. SPECIFIC PROVISION OF a NYCRR 360 FROM WINCH A VARIANCE IS REQUESTED; Section Paragraph Variance Requail 360.2.13 (pl(1) No. 4 IS. BRIEFLY DESCRIBE PROPOSED VARIANCE The gas venting layer material Including a maximum of 5 percent by weight passing the no. 200 sieve after placement, it Is proposed that a variance be granted to a maximum 10 percent by weight passing the no. 200 sieve after placement. 1!. IMPACTS OF VARIANCE APPROVAL OR DISAPPROVAL: a. EmAronmsntal Impact: None. The DEC has reported to FP&M that the pas venting layer will be effective whether the material contains 5 or 10 percent material passing a no. 200 sieve. b. Economic Impactt The economic Impact has not been.evaluated at this time as it has not been determined if the material the Towr1 of East Hampton will meet the 5 percent criteria. 20. CERTIFICATION. I hereby af&rn under penalty of penury that In(° etton o ide�9f�this form and attached statements and exhibits is true to the best of rr►y knowledge and beget. False statements made h4l' T �r�se a Class A misdemeanor pwsuant to section 21,045 of the Panel Lew. —9/Z / Dat /r ��N�� i Signature and Title 0,10i23i94 12:52 N0.356 P15 2. 3 - 94 FR Z 1 S 1 F • P DEPARTMENT OF_ENVtAONMlNTA ON8jERVA'rION PROJECT NO. DATE RECEIVEO APPLICATION FOA'1iAKANCE FROM 6 NYCRR 360 DEPARTMENT ACTION DATE SEE APPLICATION INSTRUCTIONS ON REVERSE SIDE o /Approved O Disapproved 1. OWNER'S NAME 2. ADDRESS (Street,City, State, 21p Code) 3. Tefephene No. Town of East Hampton 159 Panti0o Road, Eaet Hampton. NY (S16) 324.4140 4. OPERATOR'S NAME S. ADDRESS(Straet,Clty, State,Zip Code) e. Telephone No. Town of East Hampton 159 Pantigo Road, East Hampton, NY (516) 324.4140 7. ENGINEER'S NAME S. ADDRESS (Street,City. State,ZIP Code) 9. Telephone No. Fanning. Phillips and Molnar 909 Marconi Avenue, Ronkonkoma, NY (518) 737•$200 11779 IO. PROJECT/FACILITY NAME Landfill Closure, Montauk Landfill, Montauk, New York 11. PROJECT STATUS 12. COUNTY IN WHICH FACILITY IS LOCATED 13. ENVIRONMENTAL _ a Publio G Private M Proposed a EAsting Suffolk CONSERVATION REGION 1 14. DESCRIBE SPECIFIC LOCATION OF FACILITY North of Route 27, Montauk, New York Is. TYPE OF PROJECT FACILITIES O Composting p Transfer a shredding O Baring Y Sanitary Landfill O InOln4111000 o Pyrolysis O Resource Recevsry-EMrpy o Resource Recovery-Matstials o Other td. PRIEFLY DESCRIBE THE PROJECT INCLUDING THE BASIC PROCESS AND MAJOR COMPONENTS Landfill Closure as per the 6 NYCRR Part 300 regulations to include copping of the landfill with a final cover system AS per Part 360-2.15d. 17. SPECIFIC PROVISION OF 6 NYCRR 260 FROM WHICH A VARIANCE IS REQUESTED: Seatien Paragraph No. ee Raquel( 380.2.13 IS. BRIEFLY DESCRIBE PROPOSED VARIANCE The gas venting system is proposed to be eliminated and replaced by a minimum of four pas vents per acre and post- closure explosive gas monitoring as described in the DEC document 'Guidance on Landfill Closure Regulatory Relief. February 28, 1993.' is. IMPACTS OF VARIANCE APPROVAL OR DISAPPROVAL: a. Envlronmsntal lmpeot: None. The variance allows for monitoring to prevent the accumutat;on and migration of significant levels of landfill pas. b. Economto Irnpaou The economic impact has not been calculated. 20. CERTIFICATION: I hereby aftirm under penalty of perjury that W mat Pr 0'on this form and attached statements and exhibits Is trw to the bast of my knowiedge a baa false ttatementt made hori eu able as a Disse A misdemeanor puruunt to Section 21.Oee*(.Ow Panel law. � �3 1 1i ,� Al/l p�r��f�s� oat. Tc4r'L. > ? 1a�'/ Signature and Title P9i23i94 12:53 AdL NO.356 016 SEP - 25 — sa FR I 1 32 F • P - e< M - P . is DEPARTMENT OF ENVIRONMENTAL CONSERVATION PROJECT NO, DATE RECEIVED APPLICATION FOR VARIANCE FROM 6 NYCRR 380 DEPARTMENT ACTION OAT[ SEE APPLICATION INSTRUCTIONS ON REVERSE SIDE C Approved o disapproved 1. OWNER'S NAME 2. ADDRESS (Street, City, State, Zip Code) S. Telephone No. Town or East Hampton 159 Pantlgo Road, East Hampton, NY (516) 324-4140 4. OPERATOR'S NAME B. ADDRESS(Street,Clty, State,Zip Coda) e. Telephone No. Town of East Hampton 159 Pantigo Road, East Hampton, NY (616) 324-4140 B. TeltI hone No. ' 7. ENGINEER'S NAME a. ADDRESS(Street,City, State,Zip Code) p Fanning, Phillips and Molnar 909 Marconi Avenue, Ronkonkoma, NY (516) 737.8200 11779 10, PROJECTIFACILITY NAME Lgndflil Closure, Montauk Landfill, Montauk, New York 11. PROJECT STATUS 12. COUNTY IN WHICH fAGILITY is LOCATED 13. ENVIRONMENTAL o Public o Pdvete o Proposed o Existing Suffolk CONSERVATION REGION 1 14. DESCRIBE 9PECtFIC LOCATION OF FACILITY North of Route 27, Montauk, New York IS. TYPE OF PROJECT FACILITIES D Composting i Transfer o Shredding o Halino al Sanitary Landfill C Ineinaradon o Pyro(ytas o Resource RecoverrEnergy D Resource RaoeveryMaterlels a Other _ 10. BRIEFLY DESCRIBE THE PROJECT INCLUDING THE BASIC PROCESS AND MAJOR COMPONENTS Landfill Closure as per the 6 NYCRR Part 360 regulations to include capping of the landfill with a final cover system as per Part 360-2.15d. 17. SPECIFIC PROVISION OF a NYCRR 260 FROM WHICH A VARIANCE IS REGUESTED: Section Paragraph Variance Request 360.2.15 (i)(4) -�_r......,... 11. BRIEFLY DESCRIBE PROPOSED VARIANCE The frequency of post-closure groundwater monitoring Is proposed to be reduced from annually for baseline perameterg and quarterly for routine parameters t0 annually for routine parameters and once every five years for baseline parameters. 11II. IMPACTS OF VARIANCE APPROVAL OR DISAPPROVAL: a. Envirommontal Impact., There are no apparent Impacts since the landfill would be capped, leachate generation would be reduced or eliminated, and, therefore. It Is not gxpected that groundwater quality would doterlorate but would Improve. Therefore, it would appear that reduced monitoring frequency would be appropriate. b. [oonomle Impact: This variance was calculated by FP M to save the Town of East Hampton approximately $1.6 million over the 30-year monitoring period. 20. CERTIFICATION: I hereby affirm under penahy of perjury that int io rov d o this form and attsohed statements and•:hits W taw t0 the beet of my knowledge and befet. Falco etstarnanta made he a Is as a Class A nJedsnleenor pursuant to Section 21.045 of the Penal Low. Date �f•?-�l�/ rjl1'1LM� Signature and Title fP/23i94 , 12:53 NO.356 D17 is 4 F12 I 1 a 52 F M . P . 1 6 — DEPARTMENT OF ENVIRONMENTA CONSERVATION PROJECT NO. OATC RECEIVED APPLICATION FOR VARIANCE FROM-6 NYCRR 360 SEE APPLICATION INSTRUCTIONS ON REVERSE SIOE DEPARTMENT ACTION DATE Q pprovd o Disapproved 1. OWNER'$ NAME 2. ADDRESS IStraet,City, State,ZIP Code) 3. Telephone No. Town of East Hampton 159 Pantigo Road, East Hampton, NY (516) 324-4140 4. OPERATOR'S NAME T 6. ADDRESS (Street, Ci(y, State, ZIP Code) ¢. Telephone No. Town of East Hampton 159 Pantigo Road, East Hampton, NY (516) 324.4140 _ ---^ 7. ENGINEER'S NAME B. ADDRESS (Street,City, State, Tip Code) e. Telephone No. Fanning, Phillips and Molnar 909 Marconi Avenue, Ronkonkoma, NY (516) 737-6200 11779 1o. PROJECT/FACILITY NAME Landfill Closure, Montauk Landfill, Montauk, New York 11, PROJECT STATUS _ 12. COUNTY IN WHICH FACILITY IS LOCATED 13. ENVIRONMENTAL o Public C Private ra Proposed o Extating Suffolk CONSERVATION REGION 1 14. DESCRIBE SPECIFIC LOCATION OF FACILITY North of Route 27, Montauk, New York IS. TYPE OF PROJECT FACILITIES 0 Composting A Transfer a Shredding 0 Seting m Sanitary Landfill a Incineration o Pyrolysis i a Resource Reoovery-Energy C Resource RaccveryMatertale O Other 16. BRIEFLY OESCRIBE THE PROJECT INCLUDING THE BASIC PROCESS AND MAJOR COMPONENTS Landfill Closure as per the 8 NYCRR Part 360 regulations to include capping of the landfill with a final cover system as per Part 360.2.15d. 17. SPECIFIC PROVISION OF 6 NYCRR 380 FROM WHICH A VARIANCE IS REQUESTED: Section Paragraph Variance RM-981 360-2.15 (i)(4) No. 7 It. BRIEFLY DESCRIBE PROPOSED VARIANCE The frequency of post-closure groundwater monitoring Is proposed to be reduced from annually for baseline parameters and quarterly for routine parameters to twice per year for routine parameters and once every throe years for boseline parameters. 19. IMPACTS OF VARIANCE APPROVAL OR DISAPPROVAL: a. Environmental Impact: There are no apparent Impacts since the landfill would be capped, leachate generation would be reduced or eliminated, and, therefore, it Is not expected that groundwater quality would deteriorate but would improve. Therefore, it would appear that reduced monitoring frequency would be appropriate, 6. Economic Innpact: This variance was calculated by FP&M to save the Town of East Hampton approximately $1.1 million over the 30-year monitoring period. 20. CERTIFICATION: I hereby affirm under penalty of perjury that Nnformatb provl d n ttws form and attached statement.and etchlbhs Is true to the beat of my knovAs ge d�e f. Feiss statements made her anis ble as a Ciast A misdemeenof pursuant to Stenon 21.045 of the Panel Law. D to le— rL / C,Ay Slonstum and Tide _ --_ — � � �c r'✓i Do�� o j) September 8, 1994 Mr. Langdon Marsh, Commissioner Environmental Conservation Department 50 Wolf Road Albany, New York 12233 Re: Long Island Landfill Litigation Dear Commissioner Marsh: We are pleased that negotiations with regard to the settlement of the above litigation are proceeding. It is our hope that this matter can be settled in the near future to the satisfaction of the DEC and our three towns. We have been advised that many contentious issues have been agreed upon and that only three remaining items need to be resolved before a settlement can be achieved: 1• 11 PARAWAS AS - It appears that the DEC is insisting that the bulk of the $1 . 95 million in penalties be applied to the operation of a proposed environmental camp at Baiting Hollow; The Towns of Riverhead, Southold and East Hampton thereinafter "the Towns") , on the other hand, feel strongly that the application of these funds should advance six regional environmental projects to be managed by the East End Economic 4 Environmental institute, Inc., a not-for-profit corporation, which is the successor to Governor Cuomo's East End Task Force. The projects include: establishing 23 sites for demonstrating the use of municipal Compost for agriculture • sponsoring a local program to develop organic pest control methods • providing a testing program to encourage the use of safer or organic pesticides by local farmers, vineyards and nurseries • developing a program for safely disposing of agriculturall Pesticides • providing for wetlands restoration program, including a wetlands bank, through which developers whose construction Projects might affect wetlands can earn a "Credit" by helping to create new wetlands elsewhere. During the Governor's visit on August 31st, he stated, "I have asked Department of Environmental Conservation Commissioner Lang Marsh to help identify funds that will allow the East End Institute to study and promote municipal composting on agricultural lands, to advance the safe disposal of unwanted pesticides, and to create a,n environmental education camp on the East End. " We are pleased that the Governor has supported the need fo:: such research and has asked you to identify funds for these purposes. SEP-09-1994 10:1_24 FRON Twomey Lathan- Sl ea. I e l ley TO P.03.418 -2-- Obviously, the civil penalties would be a Purposes. The Southampton Press and week editorializes as follows: The ampponalv Chronicle ,�wsto use for tthis "The whole point of the Long Island Landfill Law. improve or Protect the to local environment--especiallysthe regions precious groundwater reserves. what coulci be more sense than spending the fines paid for violations of that law to accomplish its goals. , dated September 1, 1994. ) (See attached editorial The Suffolk Times and News Review editorialized on August 25, 1994 (see attached) , as follows: "Wouldn't it be nice if the outgrowth of the interminable Long seemingly Island Landfill Law squabble were a broad-rancling environmental research and educational leciacy that benefits the entire East End?" western At a recent Suffolk County Supervisors meeting, our colleagues in arising outfofkdisputesbetween alocal indicated smatter munici al policy , civil penalties ity ante should be utilized for environmental 14YS DEC projects in the localhmunicipality. See the attached letters signed by Supervisor Vecchio (Smithtown) and Supervisor Petrone (Huntington) . Our Towns do not support the use of the civil penalties for a camp at Baiting Hollow but help preserve our drinking instead, support thosewater for future projects which will generations. 2. Land 1 C'an na/1t ,1 i4 o Summer, engineers retained by the five Ea towns haveo worked together as a consortium to analyze the engineering requirements of Part 360 with respect to landfill closure. The consortium of engineers has provided us with cost estimates for the capping of the five East End landfills, which are individually staggering and collectively in excess of our annual budgets. Our engineers developed a set of specifications which would significantly reduce the cost to East End taxpayers for landfill capping and related requirements. Meetings have been held with your staff to review Propoical sed modifications to the mandates required by Part 360. Much been nadvisedlthatief happlicationsas been eforpvariance on in Principle, However, the have this relief and that due to departmental s must be made to secure be accepted or approved by the Department until aaStipulation Of Settlement has been fully executed. such 'vIt is important that the mandate relief be incorporated d�_rectly into the Stipulation of Settlement at this time. so that this issue can be resolved If necessary, we will apply for variances in the next week or two which could be approved and incorporated into the settlement itsPl:�. : 3 provided for in 6 NYCRR 5360.15. It is our understanding that such a g program provides for grants up to $2 million each or 50% of capping Y costs, whichever is Less, for closure of each of the Town's landfills. It is our further understanding that approximatey $15 million was spent on this program in 1993 and another $22 million was spent in 2994. We have been advised by your Department that 140 grant applications have been made under this program and 108 have been approved. Of those approved, only 3 landfills are located on Long Island, The rest of the grants were given to upstate communities. We have been told that a waiting list currently exists and that the earliest anyone of our Towns could expect funds under this grant program would be 1996. If additional funds cannot be secured to accelerate grants to our three towns to assist us with capping our landfills, the Stipulation of Settlement should provide that construction activity should not be required until such grants are approved and funded. It is our hope that these three issues can be satisfactorily resolved. The Towns will then execute a Stipulation of Settlement as quickly as possible. The next meetings of our towns at which such Town Board authorizations for our respective settlement agreements can be scheduled are in the week of September 19th. Between now and then, we hope you can meet with us to finalize these outstanding issues. We look forward to meeting with you next week or the week thereafter. Sincerely, Tom Wickham, Supervisor Town of Southold Jim Lark, Deputy Supervisor -� Tow of Riverhead Tony Bullod , Supervisor Town of East Hampton cc: A. Zambelli J. Martens M. Grossman J. Sevinsky R. Cowan i Southam - ' P 0 P ' n i SOUTHAMPTON, LONG ISLAND, N.X. Mighty Screwy hen four East End towns were cited by the state for A fourth calls for developing a.program for safely disposing illegally operating their landfills several years ago, they of agricultural pesticides at the STOP(Stop Throwing Out filed suit, charging that New York's Long island Landfill Law pollutants) facilities at local landfills, which currently are open was unconstitutional. A fifth town, Southampton,spent millions to residential users; and a fifth plan would provide for a to make its landfill conform to the state's rules and was not a wetlands restoration program, including a "wetlands bank" party to the suit. through which those developers whose construction projects The four towns lost their case in court and now are might affect wetlands can earn a "credit" by helping to create negotiating with the state Department of Environmental new wetlands elsewhere. Conservation to determine the fine they will have to pay and he towns are proposing a'10•year budget for these projects what the money will be used for. The DEC wants it spent to Tof 51.95 million, which would constitute their fine. If their erste an educational camp, for youngsters in Ya hank. The proposals are accepted by the DEC, that money will be spent towns want t e money to Day for a number of innovative here..on.the East End to improve the East End environment. • environmental projects that have been proposed by them throup,h the East En Economic an Environmental Institute. ;lf these creative and potentially beneficial proposals are not accepted by the DEC, something will seem mighty screwy with Among their proposals is one to establish 23 sites for i (the folks on Wolf Roar! in Albany who run the agency; demonstrating the use of municipal compost for agriculture; , another to sponsor a local program to develop organic.pest- The whole point of the Long Island Landfill Law, which coritrol methods; a third proposal to provide a testing nmQram required towns to phase out their garbage dumas;w-- ro to encourage the use of safe or organic pesticides by focal improve or protect the local environment---especially the farmers, vineyards and nurseries. region's precious groundwater reserves. What could make mote sense than spending the fines paid for violations of that law to accomplish its goals? A DEC environmental camp is certainly a fine idea, but there's no logical reason why the East End towns alone should be required to pay for it. fit suttolk A tlanred best weekly rnewslwi=er lir ilia state(div.uva 0,UW)by flew Yuik Press hssuctallun 1992.93 a . .Umm,Editorials , C AMft Umment LILLys Legacy We don't envy Lang Marsh,commissioner Mr. Marsh's staff proposes using the who live in (lie rive East End towns. It, too, of tine New York State Department of money to establish a big, new environmen- would be overseen by Cornell. Environmental Conservation. He has a tat camp on Long'Island's North Shore. As The proposed budget for the first two tough decision to make, and the repercus- an alternative,' the towns propose using it years is $750,000, and that amount would sions could be felt on eastern long Island primarily for composting, pesticide abate,. be funded in full with $125,000 apiece per for a decade to come---or longer. ment and wetlands protection research pro- year from the three "wayward" towns. After We refer to the disposition of the DEC's ,sects on the East End, funded through the that, for years three through 10, each town case against the three East End townships new East End Economic and Environmental would contribute $50,000, and the annual Riverhead, Southold and East Hampton Institute and conducted by Cornell deficit of $145,000 would be covered with — that defied the state when it attempted to Cooperative Extension. Many of'these matching grants and local and state appro- close Long Island's landfills. Others com- worthwhile projects received first-year priations. plied, but for various reasons, these three funding thanks to Governor MariTCuonlo. ;.vuluEi'i ii be nice if the outgrowth of the opted to steep their landfills ones; and the 'puts. 11,11hie best Wayof insuring their continued g seemingly interminable Long Island price they will pay is $650,000 apiece over viability is to fund them over the next 10 Landfill Law (LILL) squabble were a the next 10 years, as ordered by the DEC, years with revenue from the DEC fines, broad-ranging environmental research and But the question of how those funds will be And if that's not a strong enough argument, educational legacy that benefits the entire dispensed is in Commissioner Marsh's Mr:Marsh and his staff would get their East End? That's-a question we hope Com- hands, and so far he and political leadets onwish, too, in the•,form of a more modest... rmssioner Marsh will be asking himself be- the East End see things quite differently: ,environmental,summer camp for children:."i'fore he inakes his fateful decision. = 1 ' ;vim=4�,'!-ri;� ., 972717b r P-02 Asea Code 516 360.7600 .:� TOWS" OF SMITH'I OW �h RkTRiCK A. VCccmio I vYfM �JPERYtSOR Sopt0Ab0r 8, 1994 suparvisor Tom Wickham Town of Southold Town Hall, Main Road Southold, New York 11971 Deputy Superviaor J-1m Stark Town. of Riverhead Town Hail, 100 Rowell Avenue Riverhead, Nev York 119ol Supervisor Tony Bullock TCWn of Mtst Hampton Town Hall, 159 Pant.igo Road E$st Na Ptan, New York 11937 Dear Tota, Jim and Tony: rt would appear that the $Z.95 ndlllon 1n c1vIl penalties aris'z out of the settlement Of the Yong Island ,Landfill litiga- tion Should be used on projects relating to thQ presez•vatian and protection of natural resources in Zasc End towns. I feel that the allocation of the Cs.vfl penalties to each town can best he monitored and managed to each or the tmms receiv- fng the civil penalty funding. r hope and trust that you can gain the approbation of the NYSDEG for your envfrorument&l proposals as part of the utlitmate Settlement. very truly yours, P '1'RICR R. yL`'CCH3Q SupervIcor PRY:tac 2vew �'�►rte FRANK P.PETRONE SupervLtar September 7,7994 The Honorable 7honm II. Wick&M Supervisor, Town of Southold Town Hall, Main Street Southold, New York 11,971 Jim Stark, Deputy Supervisor Town of,Riverhead 200Howell Avenue Riverhead, New York 11.901 The Honorable Tony Bullock Supervisor, Town of Ernst Hampton 159 Pand90 Road E4St Hampton, New York 1.1937 Dear room, Jinn do Tony: I supporx your proposal to use $1.95 million in civil penalties arising our of the settlement of the Long Island Lanoll litigation on projects relating to the preservation and protection of natural resources on the East D4 I Hope the New York State Departmenr of Envlronrnem,,,j Conservation wi11 approve your proposal as part of the settlement. I believe that, as a marierpoticy, civil penalties arising out of disputes between a local murtfclpaliry and the NYS DSC should be utilized for environmental projects in the local munidpaliry. Very tru yours, FRANK P. PM ONE Supervisor FPP;bns 18/31/g4 08:46 $516 4130 S.F.L.I. AND Y 121002 SMITH RNSELSTEIN, LUNmERa, ISLER AND YAKABOSKI ATTORNEYS AND COUNSELORS AT LAW 456 GRIYFING&vzNYr, CORNER OF LDTCOLN STR$8T P. O. DOA Doe HOWARD M.F1NKELSTUIN RIVERIIDAD, N.Y 11901 1°IKMRE O.LUNDHERO _ VMA'PW.19 .T.VAYADOS.YI (516) 727-4100 FRANK A.15LES BEOIIQALD C. 8xnz $TmAw Ti wwwn c*urr Q PAX (616) 727-4130 1028-106:1 GAIR 0. HET76 D&WX C. TIIOM.5 DOUOLA3 R.D=FSO L alYYIR'w*2L P1N8ELSTZ= BY FACSIMILE August 31, 1994 Supervisor Thomas Wickham Town of Southold 53095 Main Road Southold, New York, 11971 re: Southold/DEG Sti u7 xt..i_= Dear Supervisor: As you may have seen in my 8/29/94 "Changes to Stipulation of Settlement" submittal to the DEC, I left open several Southold items to be fine-tuned: • TEMPORARY TRANSFER STATION The present draft prapared by the DFC calls for closure of the temporary facility by October 12, 1994, unless an extension has been duly requested and granted. The DEC has indicated that an extension should be granted so long as a permanent solution is in the works. I will prepare the formal request for your signature which should describe the Town s plan. • PERMANENT TRANSFER STATION The DEC draft requires the filing of an application for a permanent transfer station within 45 days of the signing of the agreement . As we previously discussed, if the Town opts to operate a permanent transfer station, it may not require a permit but only registration, dependent upon whether its meets the criteria set forth in 360-11 (b) (which I have listed on a separate sheet] . If the Town is not going to operate a permanent facility, then the stipulation should reflect that . • FISHERS ISLAND METAL DUMP The stipulation calls for submittal of a closure plan for the dump within 90 days of its being signed. The consultants handling 08/31/84 08:47 $516 7 4130 S.F.L.I. AND Y Q003 SXnH, FLNSELSTEM,LtrPMBEB@,IS ER AND YAM kBOSP i CONTINUED Supervisor Thomas Wickham August 31, 1994 page 2 this aspect of the Town' s planning should let us know if this is feasible.. • RECLAMATION OF MINED AREA The stipulation also requires a reclamation plan within 60 days for the mined pit to the north of the landfill. (The lack of such a plan is one of the outstanding violations alleged against the facility) . The Town should appoint a consultant for purposes of preparing such a plan as soon as possible. I will endeavor to obtain more time in the schedule for this task. If you have any questions or want to meet to go over these items or the other issues, please do not hesitate to call. V t r�/]/]Jly ( , s J, j //fF�`A rank A. I s r enclosure. . 08/31/94 08:47 $516 7 4130 S.F.L.I. AND Y 0 004 CRITERIA TO AVOID NEED FOR PERMIT APPLICATION FOR PERMANENT TRANSFER STATION • receives less than 12,500 tans or 50,000 cubic yds of waste per year • only household waste is accepted. No industrial, commercial or other itemized wastes are permitted. • a maximum of 250 tons or 1 ,000 cub/yds is on-site at any given time • putrescible waste is removed within 7 days • the facility complies with the operational requirements applicable to permitted facilities • no on-site permanent mechanical equipment is left unattended • operates between sunrise and sunset, or when attendant on duty • operates in safe, nuisance-free manner • complies with 360 requirements if recyclables are handled at facility REGISTRATION Registration requires submittal of a DEC form; operation once validated copy of form is received. There are annual reporting requirements as well, primarily dealing with quantity of waste handled at the registered site. 05/04/94 14:46 N0.402 D02 . J A 160 TWOMEY, LATHAM, SHEA dt KELLEY ATTORNEYS AT LAW � 33 WEST&ECONO STREET ' P.O.SOX 3" THOMAS A.TWOMEY. JR. 9 NORTH MA1111 STREET STEPHEN S.LATHAM RIVERHEAD, NEW YORK 11901 EAST HAMPTON, N.Y.11937 JOHN F. SHGA. III 616-324-1209 CHRISTOPHER D. KELLEY LAWRENCE M. STORM' 618-727-2180 1 MAUREEN T. LICCIONE DAVID M. OU61No TULEFAX! 61&•727-1767(MAIN) 400TOWNUNE ROAD P 616.717.1776(ANNEX)EDWARD RSALi HAUPPAUOE. N.Y.117"-2030 PETER M.14111=1 s1&•2&6-1�1• JOAN C.HATFIELD t. AMY S.TURNER MARY C.CRONIN O@NNIS J.NAYGS ADAM 6.GROSSMAN April 26, 1994 OF COLINSSL J.LEE SNEAW -NT.CT a rt Isms 0 Nva u GAf7.S 1 Nt a MO DAI44 ..wr a GI(I"s NV S VA YAR6 Thomas Wickham, Supervisor Town of Southold Town Hall Main Road Southold, New York 11971 Tony Bullock, Supervisor Town of East Hampton Town Hall 159 Pantigo Road East Hampton, New York 11937 Fred Thiele, Supervisor Town of Southampton Town Hall 116 Hampton Road Southampton, New York 11968 Re : Modification to Capping Requirements of N.Y.C.R.R. Part 360 Dear Tom, Tony and Fred: You have asked us to provide you with a proposal on how our firm may be of assistance to your Towns in obtaining relief from the strict capping requirements mandated by the New York State Department of Environmental Conservation ( 'NYS DEC,, ) and to implement a cost effective environmental solution to the capping of the Towns, landfills. You have made this reque*sc because it has been estimated that the cost of capping the landfills for the five East End towns may be 100 million dollars or more not including the interest on bonds needed to undertake the work. As you know, our law firm has had broad experience in advising municipalities in solid waste matters . Twomey; Latham, Shea & 05/04/94 14:46 N0.402 D03 Thomas Wickman, Supervisor Tony Bullock, Supervisor Fred Thiele, Supervisor April 26, 1994 Page 2 Kelley has represented or is representing the Towns of Babylon, Smithtown, North Hempstead, Huntington and the City of Glen Cove on solid waste issues. our firm will undertake to represent the Town in obtaining relief from the strict capping requirements mandated by the New York State Department of Environmental Conservation and to implement a more cost-effective environmental solution to the capping of the Towns' landfills. Given that there exists no data indicating any groundwater contamination as a result of the landfill operations, our firm would propose a three-fold effort to be pursued simultaneously. The first alternative would be to seek amendment of the current capping requirements as contained in the NYS DEC regulations (6 N.Y.C.R.R. Part 360) . The new regulations would offer relief from the strict capping requirements now mandated and substitute in its place a set of criteria to determine when capping is necessary and further offer alternatives to the strict specifications when capping is necessary. At the same time, as. a second alternative an evaluation and assessment of the legal requirements of obtaining variances from the strict capping requirements would also be pursued. we would, as a part of this option, provide each Town with a scenario as to how the variance application should be implemented in the Town. As a third alternative, our office would assist your Towns in the preparation of an application for a feasibility study permit for reclamation of all or a part of the materials now at the landfill site. We would, of course, work closely with the engineering consultants from each Town in every phase of this work. Within four weeks of being retained, our office will prepare a preliminary assessment of the three alternatives for the Town' s review and consideration. we estimate time spent in preparing the preliminary work to be 75 hours. Our firm's billing rates will range from $110 . 00 to $200 .00 per hour for work on this project. You have asked us if our work could be of benefit to the other two East End towns. It is our opinion that it could in that Riverhead is confronting similar issues. Shelter Island may also derive 05/04/94 14:47 N0.402 D04 Thomas Wickman, Supervisor Tony Bullock, Supervisor Fred Thiele, Supervisor April 26, 1994 Page 3 benefit from any modifications to the capping requirements in the near and future years. Thank you for giving us the opportunity to present this proposal. we look forward to working with you. Very truly yours, Tom Twomey TAT:JML Enclosure i DVirka� U and BartiluccidDO CONSULTING ENGINEERS 6800 Jericho Turnpike,Syosset,New York 11791 516-364-9892 9 Fax:516.364-9045 August 3, 1994 Thomas A. Twomey, Jr., Esq. Twomey, Latham, Shea and Kelley 33 West Second Street Riverhead, NY 11901 Re: East End Town Landfill Regulatory Relief Initiative D&B No. 1314 Dear Tom: As requested, I have reviewed the comments provided by NYSDEC at the August 1st meeting in Stony Brook regarding their opinion of construction landfill variances which they thought would likely be approved for the East End lands, and those that would not likely be approved, in particular, replacement of the geomembrane liner with a soil barrier. In summary, the following is DEC's position on the variances: Variance DEC Position A - Topsoil (replacement with any material Would likely approve that will support vegetation) B - Barrier Layer (substitution of a geomembrane Would likely not approve liner with 10'5 cm/sec permeability soil) C - Barrer Protection Layer (reduction in Would likely approve thickness from 24 inches to 12 inches) D - Gas Venting Layer (increase in fines that Would likely approve pass No. 200 sieve from 5% to 10%) E - Gas Venting Layer (replacement of 12-inch Would likely not approve gas venting layer with 4 vents per acre) F - Monitoring (monitoring for routine parameters Would likely approve quarterly to annual and monitoring for baseline parameters annually to every 5 years) OVIRKA AND BARTILUCCI Thomas A. Twomey, Jr., Esq. Page 2 Twomey, Latham, Shea and Kelley August 3, 1994 With regard to NYSDEC's position that they will not likely approve a variance which would allow substitution of the geomembrane barrier layer with a 105 cm/sec permeability soil barrier layer (because the low permeability barrier is the primary mechanism for "capping" a landfill and Long Island overlies a Sole Source Aquifer), the impact of this position is not great in consideration of the following. (It should also be noted that DEC is not likely to approve replacing the gas venting layer with four vents per acre, because of operational problems where this has been tried, with which we concur.) Based on the current variance costs previously prepared, while replacement of the geomembrane would have resulted in a savings of about $15,000/acre, use of the geomembrane would most likely allow reduction of the barrier protection layer from 24 inches to 12 inches. (Although it was not specifically discussed at the meeting with NYSDEC on August 1, it is highly unlikely that they would allow a reduction in thickness of the protection layer if a 10-5 soil barrier layer were used.) A reduction in the protection layer of 12 inches results in an estimated cost savings of about$24,000, which is $9,000/acre greater than the geomembrane replacement cost reduction. (Note that in upstate New York, where 10"5 soil is readily available and in many cases on-site, the cost savings of replacing the geomembrane would be substantially greater than the $15,000/acre projected on Long Island, perhaps as much as $45,000/acre. As a result of the August 1st meeting with DEC, I feel that the following represents the most realistic savings for the East End Town landfills/Southold. Current Variance Savings/Acre A - Topsoil (replacement with any material that will support vegetation) $14,000 B - Barrier Layer (geomembrane to 10'5 cm/s soil) 0 C - Barrier Protection Layer (24" to 12") 24,000 D - Gas Venting Layer (5% to fines 10%) 2,000 E - Gas Venting Layer (replacement with 4 vents/acre) 0 Total Construction Savings $40,000/acre F - Monitoring (quarterly routine to annual and annual baseline to every 5 years) $60,000/year Total Monitoring Savings (30 years) $1,800,000 DVIRKA AND BARTILUCCI Thomas A. Twomey, Jr., Esq. Page 3 Twomey, Latham, Shea and Kelley August 3, 1994 I hope that this provides you with the information you requested. If you have any questions or require additional information, please call me. Very truly yours, 4kL� Thomas F. Maher, P.E. Vice President TFM:ft tfm08034.tt2 JEAN W. COCHR.AN ����► OGy Supervisor LAURY L. DOWD o= Town Hall, 53095 Main Road TOWN ATTORNEY y �? P.O. Box 1179 O `F Southold,New York 11971 Telephone(516)765-1889 Fax(516) 765-1823 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM TO: TOWN BOARD FROM: TOWN ATTORNEY RE: LANDFILL CLOSURE UPDATE DATE: MARCH 18, 1996 This is an update on progress towards landfill closure since November. 1) PAYMENTS. Slightly belatedly, payments were made pursuant to the stipulation. $55,000 went to the East End Environmental Camp fund and $70,000 went to the DEC. The next payment of $65,000 is not due until February 1997. The stipulation also requires the Town to post $10,000 with the DEC to be used to pay for DEC environmental compliance monitoring activities for the Town's facilities, landfill compliance and closure activities and compliance with the stipulation. In February, the DEC notified us that $1,700 had been spent in sending personnel to Fishers Island and meeting with Albany officials to discuss our plans. 2) LANDFILL CLOSURE. On December 11, 1995 the Town submitted the revised work plan, which addresses the DEC comments of November 3. The DEC has not yet commented on the revised work plan. Once the DEC approves the revised work plan, the Stipulation provides a 150 day period in which to do the studies and to prepare the Closure Investigation Report (CIR). The Town Board has reviewed several options and the general consensus has been to continue with D&B to prepare the CIR. They pared down the cost from $53,500 to $40,400 by deferring the conceptual closure plan and having Town employees assist in field investigations. D&B has not been formally authorized to continue work on the project, and no authorization is anticipated until the DEC approves the work plan and progress on the CIR must begin. 3) SOLID WASTE MANAGEMENT PLAN. The Town adopted the DEC approved Solid Waste Management Plan in December 1995. The DEC wrote back in February '96, approving the plan again. Page 2 4) TRANSFER STATION PERMIT STATUS. On October 11, the DEC approved a one-year extension of the existing permit for the temporary transfer station, valid until October 8, 1996. Jim Bunchuck has the responsibility for doing the paperwork for a full 360 permit by October 1996. No site changes are proposed at this time. 5) YARD WASTE COMPOSTING PLAN. This plan was submitted to the DEC in the summer of 1994. On June 22, 1995, the Town submitted an amendment to show an asphalt pad for the operation, rather than a permeable pad. A November 3 DEC letter called for additional information about gas venting under the pad. The DEC has recently asked for a meeting with Town officials to discuss concerns. The meeting will be in mid-April. 6) MINING RECLAMATION PLAN. The Town has sought a variance to the 25-foot buffer requirement as required by the Stipulation. No DEC comments have yet been received. This is one of the action items on the D&B list. 7) VARIANCES. In February 1995, the Town filed a request for four variances. On August 1, 1995, the DEC approved three of the four variances. The November 3 comments on the work plan call for additional water surveys to be done before the DEC can approve a variance on the water monitoring requirements. 8) FISHERS ISLAND METAL DUMP RECLAMATION. Tri-S was halted by bad weather in the excavation of the Metal Dump. The Town notified that work must be completed before Memorial Day. There has been no recent activity by Tri-S. 9) LOANS. In February, the NYSEFC did a refinancing of its bonds, including the Fishers Island loan of $300,000. Paperwork was done to accommodate the refinancing. cc: JoCushman m Bunchuck OSVVFU(/C JEAN W. COCHRAN QGy Supervisor LAURY L. DOWDo= Town Hall, 53095 Main Road TOWN ATTORNEY y �? P.O. Box 1179 O Southold,New York 11971 Telephone(516) 765-1889 Fax(516) 765-1823 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM TO: JIM BUNCHUCK FROM: LAURY DOWD RE: PART 360 PERMIT TRANSFER STATION DATE: FEBRUARY 13, 1996 I've looked into the question of an environmental review for our Part 360 Permanent Transfer Station Application. The SEQRA regs were substantially revised, effective January, to reduce the scrutiny given to insignificant projects. Since our transfer station application does not include any changes on-site, it seems to be a very insignificant project from an environmental point of view. I also checked with D&B about the degree of DEC scrutiny given to the environmental review of the application, and was told that we could get away with doing the environmental review ourselves. Therefore, I think you can do the environmental form yourself. I enclose one for you to start with. I'd be glad to review it with you, if you wish. h Q�oS�FFOt�coG LAURY L. DOWD = y� THOMAS H. WICKHAM Town AttorneyH Supervisor Town Hall, 53095 Main Road P.O. Box 1179 �( `t► Southold. New York 11971 Telephone(516) 765-1889 Fax(516) 765-1823 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM TO: TOWN BOARD FROM: TOWN ATTORNEY RE: LANDFILL CLOSURE UPDATE DATE: NOVEMBER 15, 1995 This is an update on progress towards landfill closure since September. 1) PAYMENTS. No further payments are due pursuant to the stipulation until February 1, 1996. At that time, $55,000 is due to the East End Environmental Camp fund and $70,000 is due to the DEC. 2) LANDFILL CLOSURE. The Workplan was mailed to the DEC on March 23, 1995. The DEC responded on November 3 with a letter calling for additional testing of groundwater, explosive gas, surface leachate, private wells and the limits of waste on site. The letter was received on November 8, and the Stipu- lation requires the Town to respond with a revised Workplan in 45 days, or by December 23. Dvirka and Bartolucci have only been hired to prepare the Workplan. When this is complete, the next step is preparation of the Closure Investigation Report (CIR) . In October of 1994 the Town Board received an estimate from DEB to do all the landfill closure work. At that time they estimated $19,000 to perform the Closure Investigation Field Program and $14,000 to do the CIR. The Town must begin selecting a person to undertake this part of the Stipulation. The Board has been seeking relief from the standard capping and closing re- quirements. DEB has been working on model for vegetation as a buffer instead of a geomembrane. They are awaiting completion of a topographical map (also needed for the CIR) . The County has not yet completed drilling a well on the Grimm property to ascertain access to water that meets Health Department standards. 3) SOLID WASTE MANAGEMENT PLAN. The DEC requested certain revisions, which were made and sent back in September. There has been no response from the DEC. Page 2 4) TRANSFER STATION PERMIT STATUS. On October 11 the DEC approved a one- year extension of the existing permit for the temporary transfer station, valid until October 8, 1996. Within this period the Town is supposed to apply for and receive a permanent permit. Jim Bunchuck says he will complete an application for a full 360 permit by January 1996. This will require environ- mental review of the existing transfer station. 5) YARD WASTE COMPOSTING PLAN. This plan was submitted to the DEC in the summer 'of 1994. On June 22, 1995 the Town submitted an amendment to show an asphalt pad for the operation, rather than a permeable pad. The DEC letter of November 3 calls for additional information about gas venting under the pad. 6) MINING RECLAMATION PLAN. The Town has sought a variance to the 25- foot buffer requirement as required by the Stipulation. No DEC comments have been yet received. 7) VARIANCES. In February 1995 the Town filed a request for four vari- ances. On August 1, 1995 the DEC approved three of the four variances. The November 3 comments on the Workplan call for additional water surveys to be done before the DEC can approve a variance on the water monitoring require- ments. 8) FISHERS ISLAND METAL DUMP RECLAMATION. Tri-S is still working on the excavation of the Metal Dump. The Town is having tests performed on some soil from the excavation to determine possible contamination. The contractor admits to being two weeks behind schedule, and contends that the testing is putting him further behind schedule. 9) LOANS. Jim Bunchuck filed an application for a low interest loan on the Cutchogue Landfill. It was logged in, but the State will not consider the application complete until the CIR is complete. The Town has received some funds from the low interest loan on the Fishers Island Landfill. cc: John Cushman / Jim Bunchuck c/ r gUfFO( LAURY L.DOWDOy �� Town Hall,53095 Main Road Town Attorney O P. O. Box 1179 '�j0 j Southold, New York 11971 Fax(516)765-1823 Telephone(516)765-1800 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM TO: TOWN BOARD FROM: TOWN ATTORNEY RE: LANDFILL CLOSURE UPDATE DATE: JUNE 13, 1995 This is an update on progress towards landfill closure in the past two months. 1) PAYMENTS. We have made the June payments. No further payments are due until February, 1996. 2) LANDFILL CLOSURE. The Workplan was mailed to the DEC on March 23, 1995. The DEC must now make comments and we will have an additional 30 days to respond. 1 have not seen any comments to date. At that point we must begin the Closure Investigation Report (CIR), which will work out the specifications for the actual landfill closure. This will require the Town to do considerable testing to determine the location, nature and depth of landfill, as well as working out an arrangement with the DEC regarding capping and closing requirements. Tom Maher summarized the results of the test pit program, which cost $5,600. There appeared to be little opportunity to consolidate buried garbage. The specifications for a laboratory to analyze water sample is out to bid. On 5/30 the Board authorized DEB to come up with specs for an alternate landfill closure protocol, with specs and one test well not to exceed $5000. On 6/14 the Board amended this, to call for an agreement between the county, Grimm and the Town for a test/production well. D&B was authorized to spend $1000 on engineering and an additional $4,000 on support in obtaining regulatory changes. 3) SOLID WASTE MANAGEMENT PLAN. The DED submitted comments about the revised solid waste management plan on May 4, 1995. Pursuant to the stipulation, we have an additional 30 days to make revisions. We are putting the finishing touches on the revision and should be ready to submit it by next week. Page 2 4) TRANSFER STATION PERMIT STATUS. The Permit is good until October 8, 1995. Jim Bunchuck will be submitting a proposal to the Town Board at its June 27 meeting. 5) RECLAMATION PLAN. By October 1995 we must decide if reclamation (as we are doing with the Fishers Island Metal Dump) is an option we want to pursue with the Cutchogue Landfill. 6) MINING RECLAMATION PLAN. The Town has sought a variance to the 25- foot buffer requirement. No DEC comments have been yet received. 7) YARD WASTE COMPOSTING PLAN. This plan was submitted to the DEC in the summer of '94. As a result of the test pit program, the plan is being revised to expand the size and composition of the "floor" of the program, and will be filed with the DEC by the end of this week. 8) VARIANCES. In February 1995 the Town filed a request for four variances. No comments have yet been received back from the DEC. 9) FISHERS ISLAND METAL DUMP RECLAMATION. The project was awarded to Tri-S, a CT firm. They have not yet returned all the contract documents. The Town is also pursuing a low interest subsidy from the Environmental Facilities Corp. for this project. 10) LOANS. We have filed an application for a loan for the Fishers Island reclamation. Jim Bunchuck plans to apply for a grant of up to $2M to close the Cutchogue landfill. TO DO: -FILE FINAL SOLID WASTE MANAGEMENT PLAN -RESOLVE TEMPORARY TRANSFER STATION ISSUE -APPLY FOR GRANT FOR CUTCHOGUE LANDFILL 1 O�OSVFF�(�CO o - y LAURY L.DOWD O � Town Hall,53095 Main Road Town Attorney yijJol �aO� P. O. Box 1179 Southold, New York 11971 . Fax(516)765-1823 Telephone(516)765-1800 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD TO: TOM WICKHAM JIM BUNCHUCK- FROM: LAURY DOWD RE: TALK W/ TOM MAHER DATE: DECEMBER 29, 1994 1 spoke to Tom Maher on the issues we discussed. First, the variance request we should be filing. Tom said that there were two types of request. The first part is the generic request for variances which were guaranteed by the stipulation. East Hampton has already filed this variance request. Tom says that he sent info, including a copy of the East Hampton request to Jim. If Jim can't prepare the variance request, Tom will be glad to do it. The second part of the variance request is a specialized request based on our conditions. That request can't be done until we get to the Closure Investigation Plan stage. We discussed how to pay Tom for his advice. He seemed comfortable for billing us on an ad hoc basis as requests for help come up, using the purchase order system. He didn't see these type of requests as being frequent. If you use this, Jim, provide him with whatever forms he needs to get reimbursement. I asked for a copy of the Solid Waste Management Plan on disc so we could make the changes requested by the DEC. He said that he didn't think that would be a problem. He'll check with the boss, and provide us with the plan in a Microsoft Word format. We briefly discussed the additional investigations that Tom had suggested, namely the excavation study to discover the boundaries of the underground waste so that we can consider consolidation, and the topographical survey. Tom also urged the Town to consider a partial remediation (i.e., picking out recyclables and reburying the rest) rather than a complete consolidation (excavating and reburying everything) . He felt that there would be space restrictions on an extensive consolidation, but that consolidation efforts would go a long way towards reducing capping and closing costs. Finally, he strongly suggests that we explore the above options as early as possible. He feels that as we get deeper into the process and finish the Closure Investigation Plan, the DEC will become less likely to allow the Town to switch to a different path. He feels that we should evaluate and choose our path as soon as possible. He says that he'd be glad to come and discuss this further with the Town Board. Finally, I asked him if he'd heard from the state on our two existing variance requests. He said no, and that he thought that nobody at DEC had been assigned to handle Southold. He thought we should go to Ray Cowan's office and follow up directly with him. Presumably this would get the DEC to assign someone to the Town's plan. I'm not sure if you want to proceed this way. Please let me know. SOFO(�-BOG �� y1 o - co T LAURY L.DOWD O Town Hall,53095 Main Road Town Attorney '1ij �a0� P. O. Box 1179 l�t Southold,New York 11971 Fax(516)765-1823 Telephone(516)765-1800 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM TO: SUPERVISOR FROM: TOWN ATTORNEY RE: LANDFILL CLOSURE UPDATE DATE: DECEMBER 14, 1994 Another update on what's done and needs to be done re the Town's stipulation with the DEC: Done -A transfer station closure plan as of 10/94 as required by stipulation. Note that the stipulation requires the Town to make application to the DEC for either a permanent transfer station or registered transfer station by June 30, 1995. -A mining reclamation plan filed 12/2/94 as required by stipulation. -The DEC asked for information on the Composting Plan and we provided that information on 10/27/94. We have heard nothing back from the DEC. -We hired DEB to do the Workplan for the landfill closure. The Workplan is due 45 days after the DEC notifies the Town that they've done adequate studies. The Town delivered the studies to the DEC on October 18. We have received no word as to whether they were adequate, so the 45 day period has not yet been triggered. -On November 7, 1994 the Town received the DEC's comments on the Solid Waste Management Plan. The stipulation requires a response by the Town in 120 days, or March 7, 1995. Tom is gathering comments to revise the SWMP. -On November 3, 1994 the Supervisor filed a request for closure financing with the NY Environmental Facilities Corporation. On November 9 the Town received an acknowledgement of the letter and an application package. The application package should be filled out ASAP for the Metal Dump closure. It's too soon for the Cutchogue landfill closure. I'll look at the application and get it rolling. -The Fishers Island Metal Dump specs have been finalized. I have submitted these with a letter to the DEC to get approval as a closure plan. Per the stipulation, this must be filed by April 2, 1995. -Paid the $10,000 into the environmental monitoring fund as required by the Stipulation. To do -Finalize the SWMP revisions by March 7, 1995. -The Stipulation allows the Town to apply for a variance to the capping and closure requirements. The Stipulation calls for variances at the Closure Plan stage, but that is a year away. Frank Isler has suggested that we apply for these variances early and I've heard that East Hampton has already applied. If we want to proceed, we probably need to have D&B prepare the requests for variances. I suggest we consider when we want to put in the requests for variances. -Make penalty payments to the DEC on February 1 . 1 have already submitted the vouchers to have the payments made. Please advise me if you know of something I've missed. cc: Town Board Jim Bunchuck✓ John Cushman o�OgtffO[,��OG 0 ti LAURY L.DOWD �O Town Hall,53095 Main Road Town Attorney yij�O! OP. O. Box 1179 Southold, New York 11971 Fax(516)765-1823 Telephone(516)765-1800 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM TO: TOM WICKHAM ALICE HUSSIE JIM BUNCHUCK FROM: LAURY DOWD RE: REVISIONS TO THE SOLID WASTE MANAGEMENT PLAN DATE: DECEMBER 5, 1994 1 have put together some information for your consideration in making revisions to the Solid Waste Management Plan. I have enclosed a copy of the page of the Stipulation which requires our revisions within 120 days after receipt of DEC comments on November 7. The revision is due MARCH 7, 1995. 1 have also attached the part of the 360 regs dealing with Solid Waste Management Plans, and you can use these to evaluate the amount of information mandated by law, versus mandated by DEC staff. Finally, I was asked to collect information for Tom to respond to comment 23 on Page 5 of 5. The Town did not do a Negative Declaration for the SWMP. It did a Generic Environmental Impact Statement dated March 12, 1991 . A public hearing was held on October 30, 1990 and there was an extensive public comment period. The DEC requested an accounting of the comments and views expressed by concern governmental, environmental, commercial and industrial interests, the public and neighboring jurisdictions, as required by Reg Section 360-15.9(p). I believe that the summary from the Final GEIS will suffice. 1 have copied it. It should be attached to the SWMP as an appendix and identified in the plan's table of contents. My notes show that this is the only specific response I am to prepare. Please advise me if you require further information. Attachments If a new or increased contravention of ground and/or surface water standards is documented, the Town may demonstrate to -the DEC that the contravention is non-material. If the Town does not snake this submission, such contravention will be deemed material. Upon such a demonstration and prior to requiring increased routine and/or baseline monitoring, the Department must find the contravention to be material by considering the following factors: (1) the toxicity or other hazard of the contravening substance(s) ; (2) the potential impacts to public health (including drinking water supplies) , the environment or natural resources threatened by the contravention; (3) whether the contravention may reveal a potential failure of the. landfill cap. Notwithstanding the procedure set forth in this paragraph, upon finding by the Department that the contraven- tion is material, the Town shall perform additional monitoring deemed necessary by the Department to , determine the scope and nature of pollution by the contravening substance(s) and associated substances pending resolution of any dispute that may arise regarding the Department's finding that the contravention is material. C. Solid Waste Management Plan (SWMP) Within one hundred andtwenty Respondent shall submit to the (120) days of receipt of DEC's Department, an approvable revised comments on the revised Solid draft of the Solid Waste Management Waste Management-Plan 'TSWMP�, Plan (SWMP) which includes a Comprehensive Recycling Analysis (CRA) . Within thirty (30) days of Respondent shall submit an receipt of DEC's comments on approvable final SWMP to the the revised draft SWMP, Department. The Department-approved plan shall be attached to and incorporated into this Compliance Schedule as Appendix D. Upon approval of the SWMP Respondent shall implement the 10 j� COMPREHENSIVES WASTE MANAGEMENT PLA1JG 15-4 360-15.8(e) A rr" (e) any costs that have been the basis forgeneratiospecific grants received b the n,changes to the Planning unit,and special an source for re y p18unit fromconditions that may affectanY Preparing any portion of the plan y of these P characteristics; (nonspecific grants, such as amounts paid pursuant to section 54 of the State Finance Law,shall not be j considered as having been received for re (e) Projections of changes to the waste stream, any portion of the plan); and preparing and the effects of the changes on the current and proposed management practices in the planning (1) all costs of developing the 1 if the unit; Ping pan, Planning unit does not submit a plan according to (t) a comprehensive re c the schedule contained in the grant contract 1 cY analysis for the identified in section 360-15.5 of this Subpart Panning umt, include those items identified in P � or subdivision 360--11.9(t) of this Part; implement the plan as approved by the department. ts411Ia. Section 360-15.9 Plan contents. (g) evaluation of the various technologies for storage, treatment, and disposal of solid waste A plan must take into account the objectives of within the planning unit, including: the State's solid waste management policy set forth in section 27-0106 of the ECL and provide for the (1) determination of appropriate sizing of P solid waste management facilities, based on management of all solid waste within the planning projected quantities and composition of the solid unit for at least a 10-year period. It also must waste to be treated, stored, or disposed of within reflect and employ sound principles of solid waste management,natural resources.conservationener the planning unit and waste generation ' muumization/recyclables recovery efforts; production,and employment-creating The plan must include,at a minimm,the following: 2 ( ) costs of the various alternatives; and (a) a description of the planning unit,includ' (3) an assessment of the potential (1) size of the1 environmental, economic and social impacts p arming unit; associated with each technology; and (2) municipalities, agencies, and authorities (h) selection of an integrated system for included in the planning unit; managing each of the various types of solid waste to 3 be treated, stored, or disposed of within the c O population of the planning unit; and planning unit. If the plan relies on the private sector to mane a s ag pecific waste stream the 1 ,III (4) significant circumstances pertaining to must address how this waste stream P will be the planIIing Wit, such as, but not limited to or managed if the private sector does not adequately exemplified by, major population centers, State or manage this federal arks �g g ag waste stream. Additionally, the plan parks, a large or significant must specify how the r industries, etc.; and private sector is to be noted u of the responsibility for management of a specific (b) waste stream and, if the planning unit proposes to identification of the quantity and types of provide technical,i solid waste that are being generated in the 1 cal, administrative and financial planning assistance to the private sector in meeting this unit, as identified in existing reports, studies or responsibility, how it will provide that assistance; I� other available sources, as appropriate; ,I (c) identification of proposed or existing solid exportingcertifwaste tout of t epos capacity when waste management facilities used to process, store Panning unit. If LI i treat,or dispose of the solid waste generated within exportation for less than five years is proposed as the planning unit, their expected life and current part of the integrated system,the planning unit must certify capacity for disposal operating status, and proposed or existingsolid or treatment of the Planning unit's solid waste for that entire time waste management facilities that have capacity to period. When waste exportation for five or more manage solid waste from outside the planning unit, years is proposed as part of the integrated system, and their expected life and current operating status; the planning unit must certify a minimum five years (d) of capacity for disposal or treatment of the planning projections of future Population, waste unit's solid waste; !II "TM'E COMPREHENSIVE SOLOWASTE 15-5 36045.(9)(1) MANAGEMENT PLANNING (j) a timetable to implement the integrated receipt of the department's comments, revise the system, to close existing inadequate solid waste plan(addressing in full the department's comments) management facilities or bring them into or remit all grant monies received The conformance with appropriate statutory and department,within 30 days of receipt of the revised regulatory requirements, and to identify major plan will review the revised plan and inform the events and milestones to achieve implementation; planning unit in writing that the plan either contains those matters identified in section 360-15.9 of this (k) identification of measures to manage each Subpart, or that it does not, and in the latter event, of the various types of solid waste to be treated, will specify the matters in which the revised plan is stored,or disposed of within the planning unit,until deficient. If the plan does not contain the elements the integrated system is completely implemented; set forth in this Subpart, the planning unit must, within 60 days of receipt of the department's (1) identification of the administrative structure comments, revise the plan (addressing in full the that will be responsible for implementing each department's comments) or remit all grant monies element of the integrated system and for operating received. If the plan, as revised again, does not the various portions of the integrated system; address in full the department's comments,the pian will not be determined to contain all matters (m) identification of any new local laws, identified in section 360-15.9 of this Subpart, and ordinances, regulations, or amendments to existing the planning unit must remit all grant monies local laws, ordinances, or regulations that may be received within 60 days of being notified in writing required to fully implement the integrated system, of the department's determination. including those changes made pursuant to section Maa of the General Municipal Law; (c) Once the department has determined that the draft plan contains a substantive consideration (n) an analysis of the costs of implementing the of those elements identified in section 360-15.9 of integrated system (including capital investments, this Subpart, the department shall provide written insurance, operation, maintenance, administration, notification to the planning unit of its intent to and financing) and the financing mechanisms that approve the plan. will meet the anticipated costs; (d) Within 60 days of receipt of the notice that (o) a description of the measures used to secure the draft plan is satisfactory,the planning unit must participation of neighboring jurisdictions, any submit to the department the following. limitations which the plan's implementation would impose on the neighboring jurisdictions'solid waste (1) a final plan which is a stand-alone management programs, and the effects of including document containing all elements identified in the jurisdiction in the plan, including additional section 360-15.9 of this Subpart and all corrections, viable alternatives; and changes and revisions resulting from department comments; (p) an accounting, to the maximum extent practicable, for the comments and views expressed (2) a resolution of adoption that must state by concerned governmental, environmental, that the planning unit will: commercial,and industrial interests,the public,and neighboring jurisdictions. (i) adopt the integrated solid waste management plan; Section 360-15.10 Plan approval. (ii) implement the solid waste (a) All plans prepared pursuant to this Subpart management programs, projects and plans as must be submitted to the department in draft form identified in the local solid waste management plan; for approval. The department,within 60 days of its receipt, will review the draft plan to determine (iii) submit compliance reports to the whether or not it contains all matters identified in department every two years as required by section section 360-15.9 of this Subpart, and, in the event 360-15.12 of this Subpart; that it does not, the department will specify the matters in which the draft plan is deficient. (iv) submit a plan modification to the department when required by section 360-15.11 of (b) The planning unit must, within 60 days of this Subpart; and COMPREHENSIVE SOLID� 15-6360-15.10(d)(2)(v) a 4 MANAGEMENT PLANNING 0 (v) submit updates to the department- (1) a significant change in the method of approved solid waste management plan when managing all or any significant portion of the solid required by the department pursuant to section 360- waste generated within the planning unit; 15.11 of this Subpart; and (2) a significant change in the management (3) if the planning unit has determined that or administration of the planning unit; or an environmental impact statement is necessary for the development and adoption of the plan, a State (3) a change of more than one year to any Environmental Quality Review findings statement significant component of the solid waste prepared in accordance with section 617.10(i)of this management plan implementation schedule. Title. (c) A planning unit must undertake a plan (e) Once the department has determined that update if the department has approved an interim the final plan, adopting resolution, and, if solid waste management plan for the planning unit applicable, State Environmental Quality Review while the planning unit develops a long-range solid findings statement are complete and acceptable,the waste management plan. department shall approve the plan. The plan, as approved, will then become the plan in effect for (d) The planning unit must modify the plan the planning unit. pursuant to this Subpart or update the plan pursuant to this Subpart consistent with a schedule (f) If a planning unit does not submit a plan approved by the department. The department may, according to the schedule contained in the grant where the planning unit fails to modify or update a contract identified in section 360-15.5 of this plan in a manner that is consistent with the Subpart, the planning unit must remit to the requirements of this Subpart, withdraw its prior department all grant monies paid pursuant to this approval of the plan. Subpart within 60 days after written demand therefor is made by the department. (e) A plan modification or plan update must contain the following components: Section 360-15.11 Plan modification/update. (1) a detailed description, acceptable to the department,of the modification or update proposed (a) Modifications to plans approved pursuant to by the planning unit; this Subpart must be submitted to the department for approval. An application for a permit to (2) reasons for the proposed modification or construct which is pending before the department update; on the effective date of this Part and an application for a permit to construct and operate a solid waste (3) a revised implementation schedule; management facility by, or on behalf of, a municipality which is not described by an approved (4) a State Environmental Quality Review plan may not be determined by the department to determination, if any; be complete until the department approves a modified plan describing such a facility. However, (5)an accounting of comments as required in notwithstanding the provisions of subdivision 360- subdivision 360-15.9(p) of this Subpart; 1.7(c) of this Part, no modification to any plan will be approved if that modification has the effect of (6) a description of how the planning unit decreasing the size of the planning unit unless each will ensure that the modification or update, upon municipality withdrawing from the planning unit department approval, will be made to all official joins with or forms a second planning unit and the copies of the existing department-approved plan; department determines in writing that each planning unit is capable of implementing a regional solid (7) a resolution by the planning unit waste management program. adopting the modification or update that satisfies the requirements of paragraph 360-15.10(d)(2) of (b) A planning unit must undertake a plan this Subpart; and modification pursuant to subdivision (a) of this section if there is: fO(,��oG o y� N at LAURY L.DOWD O Town Hall,53095 Main Road Town Attorney 'yij�ol 0� P.O. Box 1179 Southold, New York 11971 Fax(516)765-1823 Telephone(516)765-1800 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM TO: FILE FROM: TOWN ATTORNEY V/ RE: LANDFILL CLOSURE PROGRESS DATE: OCTOBER 24, 1994 The following progress has been made since the Stipulation of Settlement was signed on October 4, 1994. 1) The Town has met the first deadline in the Stipulation by filing all existing reports with the DEC on 10/18/94. Jim Bunchuck hand carried the water and hydrogeologic studies to the DEC on that date. 2) The Town selected Tom Maher of Dvirka and Bartilucci to start the closure of the Cutchogue Landfill by preparing a workplan. The workplan is due 45 days after the DEC notifies us that the existing reports delivered on 10/18 are sufficient. Maher indicated that he would send an addendum to his prior contract to extend it to cover the Workplan preparation for $6,000. I have not yet seen it. If we go with Maher for future phases, we will need further resolutions and contracts. 3) The 10/18 cover letter for the existing reports includes a Request for Variance from the groundwater monitoring requirements. The DEC has not yet responded. 4) On 10/18 the Town Board authorized $10,000 for the environmental monitoring fund established by the Stipulation of Settlement. John Cushman will be sure that it is sent to the DEC by the due date of November 3. 5) I have given John Cushman vouchers for all the following payments due in 1995 (he will put in his tickler file to pay on the right date): -2/1/95 $55,000 EEEEI -3/1/95 $45,000 SUNY Camp -6/1/95 $45,000 EEEEI -6/1/95 $25,000 DEC (penalty) -6/15/'95 $30,000 SUNY Camp 6) Jim Bunchuck is working with Frank Isler on the Closure Plan for the Cutchogue Transfer Station, due on November 15, 1994. Jim is also working e � 0 with Frank on the Reclamation Plan for the Mined Area due on December 3, 1994. 7) The Fishers Island Metal Dump specs are being reworked to comply with the Town Board's decision of 10/18. When they are completed, they will be submitted to DEC in lieu of a closure plan. When approved, they will go out to bid. Tom W and Louisa E are still working on finding a project engineer. 8) The Solid Waste Management Plan was submitted in 3/94. The DEC has not yet made any comments. 9) On September 1, 1994 the DEC made comments concerning the Composting Plan. The Supervisor's Officer responded to these comments on 10/24/94. 10) I am currently working on a letter asking for grant assistance in our landfill closure plans (for FI and Cutchogue) . It will be sent in very shortly. Please advise me if there are any developments I have overlooked or any areas that have not been properly addressed. I will try to circulate regular updates so we are all aware of the status of our closure plans. cc: Town Board/Town .Clerk Jim Bunchuck John Cushman