HomeMy WebLinkAbout2009New York State Department of Environmental Conservation
Division of Environmental Permits
SUNY @ Stony Brook, 50 Circle Road
Stony Brook, New York 11790-3409
Telephone (631) 444-0361
Facsimile (631)444-0360
Website: www.dec.state.ny.us
February 12, 2009
Town of Southold
53095 Main Road
Southold, NY 11971-4642
RE: Permit No.: 1-4738-02967/00001
Facility/Program No.: 52Y29
Dear Permittee:
AM
Alexander B. Grannis
Commissioner
In conformance with the requirements of the State Uniform Procedures Act
(Article 70, ECL) and its implementing regulations (6 NYCRR, Part 621) we are
enclosing your permit. Please read all conditions carefully.
If you are unable to comply with any conditions, please contact us at the above
address .
Sincerely,
&r'zt4'L?
RO r Evans
Regional Permit Administrator
RE/Is
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
-,ERMIT NUMBER
4738-02967/00001
FACILITY/PROGRAM NUMBER(S)
52Y29
w_
PERMIT
Under the Environmental
Conservation Law
EFFECTIVE DATE
February 12, 2009
EXPIRATION DATE(S)
February 11, 2014
TYPE OF PERMIT ❑ New ■ Renewal ❑ Modification ❑ Permit to Construct ❑ Permit to Operate
i
❑ Article 15, Title 5: Protection of Waters
❑ 6NYCRR 608: Water Quality
■ Article 27, Title 7; 6NYCRR 360:
ADDRESS OF PERMITTEE
Certification
Solid Waste Management
❑ Article 15, Title 15: Water Supply
CONTACT PERSON FOR PERMITTED WORK
TELEPHONE NUMBER
James Bunchuck
❑ Article 17, Titles 7, 8:SPDES
❑ Article 27, Title 9; 6NYCRR 373:
❑ Article 15, Title 15: Water Transport
TOWN
Hazardous Waste Management
NYTM COORDINATES
❑ Article 19: Air Pollution
Southold
❑ Article 15, Title 15: Long Island Wells
Control
❑ Article 34: Coastal Erosion
Operation of a yard waste composting facility processing up to 42,000 cubic yards of yard waste per year
on 12 acres of the 17 acre site. All regular activities must be done in accordance with the attached
Management
❑ Article 15, Title 27: Wild, Scenic and
❑ Article 23, Title 27: Mined Land
Recreational Rivers
Reclamation
❑ Article 36: Floodplain
Management
❑ Other:
❑ Article 24: Freshwater
Wetlands
❑ Articles 1, 3, 17, 19, 27, 37;
6NYCRR 380: Radiation Control
❑ Article 25: Tidal Wetlands
PERMIT ISSUED TO
TELEPHONE NUMBER
Town of Southold
DATE
ADDRESS OF PERMITTEE
53095 Main Road, Southold, NY 11971-4642
CONTACT PERSON FOR PERMITTED WORK
TELEPHONE NUMBER
James Bunchuck
631 734-7685
NAME AND ADDRESS OF PROJECT/FACILITY
COUNTY
TOWN
WATERCOURSE
NYTM COORDINATES
Suffolk
Southold
DESCRIPTION OF AUTHORIZED ACTIVITY:
Operation of a yard waste composting facility processing up to 42,000 cubic yards of yard waste per year
on 12 acres of the 17 acre site. All regular activities must be done in accordance with the attached
Engineering Report and accompanying plans prepared November 2001 by H2M Group, the conditions of
this permit and the applicable regulations.
By acceptance of this permit, the permittee agrees that the permit is contingent upon
strict compliance with the ECL, all applicable regulations, the General Conditions specified
lsoo nano 21 and anv Snerinl Conditions included as nart of this permit.
PERMIT ADMINISTRATOR: ADDRESS
Roger Evans SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409
AUTHORIZED SIGNATURE
DATE
February 12, 2009 Page 1 of 5
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS
Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification
The permittee expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the
State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the
extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities in
connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance
or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits,
actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims,
suits, or actions naming the DEC and arising under article 78 of the New York Civil Practice Laws and Rules or any citizen
suit or civil rights provision under federal or state laws.
Item B: Permittee's Contractors to Comply with Permit
The permittee is responsible for informing its independent contractors, employees, agents and assigns of their
responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect
to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental
Conservation Law as those prescribed for the permittee.
Item C: Permittee Responsible for Obtaining Other Required Permits
The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may
be required to carry out the activities that are authorized by this permit.
Item D: No Right to Trespass or Interfere with Riparian Rights
This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of
others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or
personal property held or vested in a person not a party to the permit.
GENERAL CONDITIONS
General Condition 1: Facility Inspection by the Department
The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an
authorized representative of the Department of Environmental Conservation (the Department) to determine whether the
permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL
71-0301 and SAPA 401(3).
The permittee shall provide a person to accompany the Department's representative during an inspection to the permit
area when requested by the Department.
A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection
by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a
Department representative is a violation of this permit.
General Condition 2: Relationship of this Permit to Other Department Orders and Determinations
Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any
order or determination previously issued by the Department or any of the terms, conditions or requirements contained in
such order or determination.
General Condition 3: Applications for Permit Renewals or Modifications
The permittee must submit a separate written application to the Department for renewal, modification or transfer of this
permit. Such application must include any forms or supplemental information the Department requires. Any renewal,
modification or transfer granted by the Department must be in writing.
The permittee must submit a renewal application at least:
a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous
Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management
Facilities (SWMF); and
b) 30 days before expiration of all other permit types.
Submission of applications for permit renewal or modification are to be submitted to:
NYSDEC Regional Permit Administrator, Region 1, SUNY Bldg #40, Stony Brook NY 11790-2356
General Condition 4: Permit Modifications, Suspensions and Revocations by the Department
The Department reserves the right to modify, suspend or revoke this permit in accordance with 6 NYCRR Part 621. The
grounds for modification, suspension or revocation include:
a) materially false or inaccurate statements in the permit application or supporting papers;
b) failure by the permittee to comply with any terms or conditions of the permit;
c) exceeding the scope of the project as described in the permit application;
d) newly discovered material information or a material change in environmental conditions, relevant technology or
applicable law or regulations since the issuance of the existing permit;
e) noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the
Environmental Conservation Law or regulations of the Department related to the permitted activity.
DEC PERMIT NUMBER Facility/Program Number PAGE 2 OF 5
1-4738-02967/00001 1 52Y29
@IAT19
SPECIAL CONDITIONS
For Article 27 Title 7; 6NYCRR360: Solid Waste Management
27TITLE 7; 6 NYCRR 360: SOLID WASTE MGMT.
TOWN OF SOUTHOLD
YARD WASTE COMPOSTING FACILITY
NOTE: For the purpose of these Special Conditions, processed shall have the meaning; "size reduced and treated as
necessary to prevent unacceptable odor release."
1. The New York State Department of Environmental Conservation (Department) may impose more stringent
operating requirements, if in its sole judgment it is deemed necessary; and, upon written notice by the Department,
the permittee shall immediately comply with such more stringent conditions.
2. The permit to operate is issued with the expressed understanding by the permittee that it must immediately
upon notification by the Department, change the quantities of yard waste accepted at this facility. Such changes
shall be implemented, without prior hearing or judicial review, upon receipt of written notice from the Department
that there exists at, or is emanating from the facility, odors of a magnitude that, in the sole discretion of the
Department personnel, justify such modification.
3. All composting operations authorized by this Permit to Operate must be in strict conformance with the
requirements of 6 NYCRR Part 360 in effect and all approved Plans required by this permit. The most recent
additions and/or modifications to plans and permit conditions take precedence in all matters, unless otherwise
designated by the Department.
4. This facility will only operate between the hours of 7:00 a.m. and 5:00 p.m., Monday through Sunday. To
ensure rapid processing of seasonal increases in material, these hours may be extended on a daily basis with prior
written or verbal approval from the on-site Environmental Monitor or his/her supervisor.
5. A maximum of twelve (12) acres of the seventeen (17) acre site may be used for composting. If any
unacceptable nuisances or odor conditions occur, the Department may direct the facility to restrict or cease
operation, until the facility can demonstrate the ability to operate without any nuisances.
6. This facility shall not accept more than forty two thousand (42,000) cubic yards of yard waste per year.
This amount includes any available space within the borrow pit area. This amount does not include material that is
used as a bulking agent as referenced in 360-1.15(b)(3). If unacceptable nuisance or odor conditions occur, the
Department shall have the right to decrease the permitted capacity to a level satisfactory to the Department.
7. Only yard waste materials such as leaves, brush and tree stumps will be accepted at this facility. Yard
waste will not be accepted in plastic bags. If a resident transports yard waste to the facility in a plastic bag, it must
immediately be removed from the bag at the proper unloading area. A container must be provided to the residents
for discarded bags. Compost facility personnel shall supervise all deliveries. The Department reserves the right to
change the materials that may be accepted at the facility at any time, and upon written notification by the
Department the facility shall immediately cease acceptance of any materials the Department has deemed
unacceptable.
8. All yard waste materials and bulking materials entering the facility must be weighed and recorded in the
operations log. This log must be available to Department personnel upon request. To the maximum extent
practical, the material entering the facility must be recorded by type, such as leaves, brush and tree stumps.
DEC PERMIT NUMBER I Facility/Program No. I PAGE 3 OF 5
1-4738-02967/00001 1 52Y29
KIMAi vnDV cTATG nr:pni?TW=MT nF FNVIRnNMFNTAL CONSERVATION
SPECIAL CONDITIONS
For Article 27 Title 7; 6NYCRR360: Solid Waste Management
9. The facility will prevent the creation of unacceptable odor releases to the surrounding community, during
the handling of incoming materials. Unacceptable odor releases shall be those determined solely by Department
personnel to be excessive or avoidable. In the event that the incoming material creates unacceptable odor releases,
the Department may direct that the yard waste which is not in the windrow field be immediately transferred off-site
to an alternate authorized solid waste management facility.
10. The facility shall record the date of windrow formation, and windrow composition, of all windrows
constructed. This information shall be recorded on a form acceptable to the Department. For all windrows
constructed with similar composition, one may be chosen as a representative windrow.
11. Windrows shall have maximum dimensions of ten feet in height, eight feet wide at the top, twenty feet
wide at the base and with a minimum horizontal separation of eight feet between bases of windrows, unless
otherwise approved by the Department.
12 All wooden pallets which are delivered to the site for use as bulking agent must be inspected at the time of
their delivery. Any material other than unadulterated wooden pallets must be separated from the delivery and
disposed of at an authorized solid waste management facility.
13. In order to ensure that windrows remain in an aerobic state, temperature readings of windrows will be
measured at a frequency to be determined by the best professional judgment of the site operator to ensure odors are
prevented and a quality product is produced in an efficient manner. All readings must be made available to
Department personnel upon request. The Department may at anytime request additional readings to be taken.
14. Windrows shall be turned on a schedule that is based on the best professional judgment of the site
operator. This schedule shall take into account temperature readings, moisture content, windrow age, climatic
conditions and also prevent the release of dust and odors to off-site locations. Each time a windrow is turned, it
shall be recorded in the foreman report.
15. Any material present on-site which is determined by Department personnel to be causing unacceptable
odor releases to the surrounding community shall be treated with an oxidant, mixed with additional bulking
material, or removed to an alternate authorized solid waste management facility.
16. Groundwater recharge basins will be kept in free draining condition at all times.
17. The facility will be graded and maintained to prevent ponding.
18. A quarterly report must be submitted to the Department. This report must be submitted to the Regional
Solid and Hazardous Waste Engineer within fourteen days after the end of each quarter. All reports must, at a
minimum, include the following:
a. The type and quantity by weight of all materials accepted on a daily basis;
b. the quantity by volume of all finished compost (both screened and unscreened)
rejected from the facility on a daily basis;
C. the end of period volumes stored on-site of finished compost and bulking material;
DEC PERMIT NUMBER Facility/Program No. PAGE 4 OF 5
1-4738-02967/00001 1 52Y29
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
SPECIAL CONDITIONS
19. On -Site Environmental Monitor (OEM)
a. The Permittee shall fund environmental monitoring services to be performed by the Department for
environmental compliance activities directly related to the Town of Southold. These monitoring services will include,
but not be limited to, the following:
1. Monitoring of solid waste operations directly related to the Permittee, and ensure operations
are in compliance with appropriate regulations.
b. Funds necessary to support the monitoring services and requirements for the coming year shall be provided
to the Department by the Permittee on an annual basis. The sum to be provided is based on annual environmental
monitoring service costs of the Department and is subject to annual revision. Subsequent annual payments shall be
made for the duration of this Permit or until the monitoring requirement no longer exists, whichever comes first.
C. The Permittee shall be billed annually for each fiscal year beginning on April 1. If this Permit is to first
become effective subsequent to April 1, the initial payment may be for an amount sufficient to meet the anticipated
cost of the monitoring through the end of the current fiscal year.
d. The Department may revise the required payment on an annual basis to include all of the Department's costs
associated with the monitoring services. The annual revision may take into account such factors as inflation, salary
increases, changes in operating hours and procedures, increase or decrease in the amount of monitoring necessary, and
increase or decrease in the number of OEM and/or OEM supervisors necessary. Upon written request by the Permittee,
the Department shall provide the Permittee with a written explanation of the basis for any revision or modification.
If such a revision is required, the Department will notify the Permittee of such a revision no later than 60 days in
advance of such revision.
e. Prior to making its annual payment, the Permittee will receive, and have an opportunity to review, an annual
work plan that the Department will undertake during the year.
f. Payments are to be in advance of the period in which they will be expended.
DEC PERMIT NUMBERI Facility/Program No. I PAGE 5 OF 5
1-4738-02967/00001 52Y29