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HomeMy WebLinkAbout2003V 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