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DEC sets January hearings for CWM permit renewal application

by jmaloni
Sat, Dec 1st 2012 07:00 am

by Terry Duffy

The New York State Department and Environmental Conservation announced this week the scheduling of public hearings on a permit renewal application and draft permit on file with DEC for CWM Chemical Services LLC's continued operations in Porter. Now under way, the renewal permit process public comment period continues to Jan. 28, 2013.

DEC reports that two public hearings will take place Monday, Jan. 14, 2013, at 5 and 7 p.m. in the Lewiston-Porter High School auditorium. In the event of inclement weather on Jan. 14, DEC set an alternate date of Wednesday, Jan. 16, for the two hearings (5 and 7 p.m.), also at Lew-Port.

The Revised Part 373 Permit Renewal Application covers CWM's continuing operations for its existing Residual Management Unit 1 (RMU-1) landfill at the company's Balmer Road facility. It is not part of CWM's expansion permit application for a new RMU-2 landfill on file with DEC. Mike Mahar, district manager at CWM, described the current renewal process as "procedural," noting that it is filed with DEC every five years to enable the company to continue to operate.

In its announcement, DEC states that "CWM currently owns and operates a commercial facility for the treatment, storage and disposal of hazardous and industrial non-hazardous wastes on an approximately 710-acre site in the towns of Lewiston and Porter in Niagara County, N.Y. Wastes accepted at this facility are ultimately either disposed of in an on-site landfill or shipped to another appropriate facility for further processing and disposal. CWM currently operates pursuant to a Part 373 Hazardous Waste Permit. If renewed, this permit will not authorize any expansion to CWM's currently operating hazardous waste landfill (RMU-1) or development of any new landfills."

DEC reported the application is now available for review, both online and in hard copy form.

Electronic copies of CWM's application and other CWM documents are available through CWM's website at http://modelcity.wm.com/. Additional documents that provide further details on the draft permit, including DEC's fact sheet, negative declaration and copy of the draft permit, are available on DEC's website athttp://www.dec.ny.gov/chemical/49051.html.

Hard copies of DEC's fact sheet, new draft permit and CWM's application are available for public review at the following locations:

•The Youngstown Free Library, 240 Lockport St., Youngstown.

•Porter Town Hall, 3265 Creek Road.

•DEC's Region 9 office, 270 Michigan Ave., in Buffalo. For further information, contact Bidjan Rostami at 716-851-7220.

•DEC's Division of Environmental Remediation, 625 Broadway, 12th floor, in Albany. For further information contact Matt Mortefolio at 518-402-9814.

DEC said that comments would be taken for the record at the Lew-Port hearings and accepted via mail by writing to David Denk, regional permit administrator, NYSDEC Region 9, 270 Michigan Ave., Buffalo, NY 14203-2915. All comments must be submitted no later than Jan. 28, 2013.

Mahar noted that as part of its Part 373 Permit Renewal Application, CWM is doing some minor modifications to RMU-1 to better enable its continued use. A new truck access ramp is being built to the top of the cell. "We made the decision in late summer to provide for an access road before winter, said Mahar. "It's a simple stone road with a guard rail."

Mahar also said CWM increased its financial commitment in its summary of proposed financial assurance to DEC by nearly $30 million, to $100 million in total financial assurances to cover a variety of "post-closure and corrective measures" associated with the anticipated closing of the RMU-1 landfill. Mahar said that RMU-1 has approximately 200,000 tons of air space remaining for landfilling operations. RMU-1 is expected to be filled by mid-2014.

Regarding CWM's separate RMU-2 expansion permit application on file with DEC, Mahar said the company is proceeding with the agency. "We've had some dialogue with DEC on the technical review of the application," said Mahar. "We've had some comments," he said, adding those covered landfill design and described it as "nothing significant."

"Expansion should move forward in 2013," said Mahar, adding he anticipates public hearings on the expansion permit to occur sometime next year.

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