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New York State Department of Environmental Conservation
Division of Environmental Permits
Building 40 - SUNY, Stony Brook, New York 11790-2356 AM
Telephone (631) 444-0365
Facsimile (631) 444-0360 lame
March 26,2003
Town of Southold � � � D �n 2
53095 Main Road D v
Southold, NY 11971-4642
Attn.: James Bunchuck n
It APR 3-�
RE: Permit No..
DHSM #52Y29
Mined Land
Dear Permittee:
1-4738-02967/00001
ID #102-3-30-0113
DEPT. OF SOLID
Erin M. Crotty
Commissioner
In conformance with the requirements of the State Uniform
Procedures Act (Article 70, ECL) and its implementing Regulations
(6NYCRR, Part 621) we are enclosing your permit. Please read all
conditions carefully. If you are unable to comply with any
conditions, please contact the Division of Environmental Permits
Office, N.Y.S. Department of Environmental Conservation, State
University of New York at Stony Brook, Building 40, Stony Brook, NY
11790-2356.
RE/ls
enclosure
cc.: R. Yager, NYSDEC
I. Sikiric, NYSDEC
Sincerely,
JRoEvans
Permit Administrator
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
DEC PERMIT NUMBER EFFECTIVE DATE
1-4738-02967/00001 March 24, 2003
FACILITY/PROGRAM NUMBER(S) PERMIT EXPIRATION DATE(S)
DHSM #52Y29 Under the Environmental
Mined Land ID #102-3-30-0113 Conservation Law March 24, 2004
TYPE OF PERMIT ■ New ❑ Renewal ❑ Modification ❑ Permit to Construct ❑ Permit to Operate
❑ Article 15, Title 5: Protection ❑ 6NYCRR 608: Water Quality ■ Article 27, Title 7; 6NYCRR
of Waters Certification 360: Solid Waste Management
❑ Article 15, Title 15: Water ❑ Article 17, Titles 7, 8: SPDES ❑ Article 27, Title 9; 6NYCRR
Supply 373: Hazardous Waste Management
El Article 19: Air Pollution
❑ Article 15, Title 15: Water Control ❑ Article 34: Coastal Erosion
Transport Management
■ Article 23, Title 27: Mined
❑ Article 15, Title 15: Long Land Reclamation ❑ Article 36: Floodplain
Island Wells
11 Article
Article 24: Freshwater Wetlands
❑ Article 15, Title 27: Wild, ❑ Articles 1, 3, 17, 19, 27, 37;
Scenic and Recreational Rivers ❑ Article 25: Tidal Wetlands 6NYCRR 380: Radiation Control
❑ nthere
PERMIT ISSUED TO
TELEPHONE NUMBER
Town of Southold
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
N/S of County Road 48, West of the Cutchogue landfill, East of Depot Lane, Cutchogue SCTM #1000-96-01-02
COUNTY
TOWN
WATERCOURSE
NYTM COORDINATES
Suffolk
Southold
DESCRIPTION OF AUTHORIZED ACTIVITY:
Construction and 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. Regrading and excavation of a portion of the parcel up to 12' below existing
grade for use as the composting area. Suitable excavated material to be used as capping material at the adjacent
Town landfill. The remainder of the material to be removed off site. Construction of a five foot high berm along the
western and northern property lines. Establishment of vegetation along the berm. All regulated 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 (see page 2) and any Special Conditions included as part of
this permit.
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 1-4738-02967/00001 1 1 PAGE 2 OF 8 1
Al
SPECIAL CONDITIONS
27TITLE 7; 6 NYCRR 360: SOLID WASTE MGMT.
TOWN OF SOUTHOLD
YARD WASTE COMPOSTING FACILITY
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 8:00 a.m. and 4:00 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 nuisance or odor conditions occur, the Department may
direct the facility to conduct any or all operations within the confines of the borrow pit
area, 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.
DEC PERMIT NUMBER PAGE 3 OF 8
1-4738-02967/00001
IVtVV TVKRJ I A I= UtYAK I MtIV I VI' tNVIKVIVMtIV I HLUUN00KVN I IVIV
SPECIAL CONDITIONS
7. Only yard waste materials such as leaves, grass clippings, brush and tree stumps will be
accepted at this facility. Grass clippings will not be accepted in plastic bags. If a
resident transports grass 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, grass clippings, brush and wood chips.
9. Upon receipt of yard waste material, the facility will have 24 hours to process this
material, and an additional 24 hours to move the processed material into the windrow
field. All grass must be processed and placed in windrows by close of business on the
day it is received. The facility will continue to 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 material is not handled according to the
time frame stated above, 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. All windrows constructed at this facility shall be numbered. The facility shall record the
date of windrow formation, the windrow number, 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. If this is done, the windrow chosen and the windrows it
represents shall be recorded on this form.
11. Windrows containing grass clippings shall have maximum dimensions of six feet in
height, four feet wide at the top and fourteen feet wide at the base, with a minimum
horizontal separation of eight feet between bases of windrows, unless otherwise approved
by the Department.
12. Windrows not containing grass clippings 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.
13. Uncontaminated wood chips, brush, leaves or a mixture of the three must be mixed with
incoming grass the same day the grass is accepted at the facility. At a minimum, this
mixture will contain two parts bulking agent to one part grass on a volumetric basis. For
DEC PERMIT NUMBER
1-4738-02967/00001
PAGE 4 OF 8
NEW YUKK S IA I E UEPAK I MENU OF ENVIKUNMEN IAL
SPECIAL CONDITIONS
use of a bulking agent other than wood chips, brush or leaves prior approval from the
Department is required.
14. 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.
15. In order to ensure that windrows remain in an aerobic state, temperature and oxygen level
readings of windrows will be measured at a frequency to be determined by the best
professional judgment of the site operator, but at a minimum bi-weekly, 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.
16. 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 oxygen content, 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 operations log.
17. 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. Unacceptable odor releases shall be those determined
solely by Department personnel to be excessive or avoidable.
18. The facility will add a chemical oxidant at the direction of the on-site monitor to the
processed material and at other locations for the purpose of odor control.
19. Groundwater recharge basins will be kept in free draining condition at all times.
20. The facility will be graded and maintained to prevent ponding.
22. A monthly report must be submitted to the Department for each month from April
through October. This report must be submitted to the Regional Solid and Hazardous
Waste Engineer within fourteen days after the end of each month. Quarterly reports must
be submitted for the remainder of the year. These reports must be submitted to the
Regional Solid and Hazardous Waste Reduction Engineer within fourteen days after
December 31 and March 31 of each year. 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 weight of all finished compost (both screened and unscreened)
IDEC PERMIT NUMBERI I PAGE 5 OF 8
1-4738-02967/00001
NEW YUKK S IA 1 t UtF'AK I MtN I UF• tNVIKUNMtN IAL GUNS@KVA I IUN
SPECIAL CONDITIONS
rejected from the facility on a daily basis;
C. the end of period volumes stored on-site of finished compost and bulking
material;
d. compost analyses results, which must be submitted in the report immediately
following the permittee's receipt of the data from the lab.
23) Laboratory Analyses of the compost product derived from the yard waste are required.
Two (2) analyses are required, one representing compost derived from the fall clean up
and one representing compost derived from the spring clean up. The sample for analysis
must consist of at least four grab samples. The analyses required are:
Heavy Metals: Mercury, Cadmium, Nickel, Copper, Lead,
Total Chromium, Zinc;
EPA Method 8080 Pesticides; and
Herbicides and other Pesticides, as determined by the
Department.
a) All samples must be obtained and submitted for analysis before placement of the
composted material in the finished compost storage area. Based on the results, the
Department reserves the right to require the sampling of incoming materials to
determine herbicides and pesticides inlet loading to the compost operation.
b) All samples must be analyzed by a laboratory acceptable to the Department, using
analytical methods acceptable to the Department. All results must be reported on
a dry weight basis and submitted to the Environmental Monitor.
24) Environmental Monitoring Requirements:
An account to fund the Environmental Monitor(s) shall be established with the
Department as follows:
a) The account to fund the Environmental Monitor(s) as established under permit #
1-4738-02967/00001 shall continue as follows:
The sum of $10,000 shall be maintained with the Department for funding of
environmental compliance activities related to the operation of the Town of
Southold Yard Waste Composting Facility. This sum is based on annual
Environmental Monitor program costs and is subject to quarterly revision.
Subsequent quarterly payments shall be made for the duration of this permit to
maintain an account balance sufficient to meet the next nine months; anticipated
expenses. Quarterly payments shall be made for the duration of this permit in
accordance with the following provisions.
DEC PERMIT NUMBERI I PAGE 6 OF 8 I
1-4738-02967/00001
SPECIAL CONDITIONS
b) Costs covered by this fund include:
1) Direct personal service costs and fringe benefits of the Environmental
Monitor(s), including the costs of replacement personnel for the person(s)
regularly assigned to these positions.
2) Direct non -personal service costs, including without being limited to lease
of a vehicle if necessary and its full operating costs, and any appropriate
chemical sampling and analysis.
3) Inflation increases and negotiated salary increase.
4) Indirect support or overhead costs at the New York State Department of
Environmental Conservation Federally -approved Indirect Cost Rate.
C) Actual costs incurred will be documented by quarterly T&A reports for personal
service costs. Copies of actual invoices will not be provided, but shall be made
available for auditing purposes.
d) As noted, the Department may revise the required payment on a quarterly basis to
include all costs of monitoring to the Department. The quarterly revision may
take into account factors such as inflation, salary increases, accrued interest to be
applied to the balance, changes in operating hours and procedures and the need for
additional Environmental Monitors and supervision of such Environmental
Monitors by full-time Environmental Monitor supervisors. Upon written request
by the permittee, the Department shall provide permittee with a written
explanation of the basis for any modification.
e) Within 30 days of written notice by the Department that a payment is due,
payment shall be forwarded to the Department. Payment should be sent to:
NYS Department of Environmental Conservation
625 Broadway
Albany, NY 12233-1510
ATTENTION: Environmental Monitors
Payments are to be in advance of the period in which they will be
expended.
f) Upon termination of this permit and payment of any outstanding costs, the
unexpended balance, including interest, will be returned to the permittee.
g) Failure to make the required payments shall be a violation of this permit The
Department reserves all rights to take appropriate action to enforce the above
payment provisions.
DEC PERMIT NUMBERI I PAGE 7 OF 8
1-4738-02967/00001
Ntw TUK1[ a IA It Utt AK I MtN I OF tNVIKUNMENTAL CONSERVATION
SPECIAL CONDITIONS
h) The Environmental Monitor(s) shall, when present at any permittee's facility,
abide by all of the permittee's health and safety and operational requirements and
policies; provided, however, that this subparagraph shall not be construed as
limiting the Environmental Monitors' powers as otherwise provided for by law
and shall not result in the Environmental Monitor's being less protected than the
Environmental Monitor(s) would be if he or she were to abide by State and
Federal health and safety requirements.
i) The New York State Department of Environmental Conservation
Environmental Monitor(s) shall receive from the permittee all general
safety training which is normally given to new site employees. This
training will be a supplement to the mandatory safety training that
Environmental Monitors receive from the Department.
j) Permittee shall furnish to the Environmental Monitors(s) a current site
policy and procedures manual for health and safety issues. Within fifteen
(15) days of any revision to the health and safety plan, permittee shall
notify the Department, in writing, of such modification.
k) The specific daily responsibilities of the Environmental Monitor are dynamic in
scope. In general, the Monitor's function is to monitor the permittee's yard waste
and composting operations, and work with facility staff to maximize permit and
regulatory compliance. Additionally, the Monitor's on-site presence is intended to
benefit the facility by fostering more accurate and timely communications
between the permittee and the Department thus expediting Department required
approvals. The duties of the Environmental Monitor include, but are not
necessarily limited to:
1) Ensure compliance with permit special conditions and all
applicable Part 360 regulations.
2) Review operational conditions and observe operational procedures.
3) Investigate and respond to reported violations and complaints.
4) Review and respond to requests correspondences related to the
facility.
5) Interact with public, consultants, and municipal agencies.
6) Maintain and update files related to the facility.
7) Review permit renewal application and write special conditions.
25) The mined lands reclamation aspects of the proposed activity must be done in accordance
with the plan prepared by 112M. Upon completion of the reclamation, the permitee must notify
the Region One NYSDEC Office of the Bureau of Mined Land Reclamation (631) 444-0274 that
the reclamation is complete and ready for NYSDEC inspection.
PAGE 8 OF 8