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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