Thursday: closed. Landfill gas-to-energy systems are also installed in some landfills to capture and convert the methane gas from decomposing waste into electricity. May 24, 1980 . One of those sites was a 41-acre parcel, on Tannery Road, adjacent to the old City of Rome landfill and an ash landfill operated by the Authority. However, those feelings, by themselves, cannot govern whether permits should be issued, in the absence of some demonstrated connection to environmental impacts, since psychological impacts, premised solely on the idea of the project, are not a sufficient basis for Department action. Mr. Daskiewich cites no legal authority under which the Department could require a property value protection plan; in fact, no such authority exists. In addition, Section 360-1.14(k) of DEC's landfill regulations binds the Authority to "undertake any and all measures as required by the department to maintain and control dust at and emanating from the facility," and to effectively control dust "so that it does not constitute a nuisance or hazard to health, safety, or property.". for permits to construct and operate a solid waste landfill in Ava, Oneida County. Landfills Garbage Collection. However, in the absence of that affiliation, they would not deserve party status, since the issues of special concern to them are not being pursued further. It is not intended to be a vehicle for analyzing traffic impacts. For that reason, those issues may not be pursued in this hearing pursuant to SEQRA, according to 6 NYCRR 624.4(c)(6)(ii)(b). Also, project need is one of the "social, economic and other essential considerations" to be considered against the project's adverse environmental impacts. Ava Landfill Ava Landfill 3.2 MW Address 7044 State Route 294 Boonville, NY 13309 United States Oneida County Latitude: 43.456 Longitude: -75.4168 Year Opened: 2006 Notes Gleasman Road - SW Corner of State Route 294, Ava, NY Edits Log In to edit this entry Suggest a Change to this Entry Take Action Request Control of this Facility Data Sources The landfill permit requires that dust generated by mining activities and on haul roads be controlled by water spray, that all paved surfaces be swept as often as necessary to control dust, and that soil stockpiled for future use be seeded within 30 days of commencement of excavation. The Objectors are prepared to introduce documentary evidence (some of which is attached to their petition) concerning the availability of numerous export options, although they have not retained a witness on this issue. [Hearing Report, August 21, 1989, p. The Objectors point out that, in the event of a collision between a landfill truck and a school bus, the area within a 40-mile radius of the landfill site has only four ambulances to transport injured children to the nearest hospital, which is thirty miles away, an hour-long commute according to the local ambulance captain. In response to comments addressing the DEIS (including comments from Mr. Daskiewich), a visual simulation of the proposed landfill was also undertaken, as described in Exhibit BB of the FEIS (Exhibit No. Also, the possibility that bedrock could provide a rapid migration pathway for contaminants to an aquifer raises an issue under 6 NYCRR 360-2.12(b)(2)(i)(b)(2). RULING: No issue exists for adjudication. Location: Town of Ava, NY Owner & Operator Oneida-Herkimer Solid Waste Authority Permitted Capacity & Acceptable Wastes Permitted to receive 1,000 tons per day of waste Accepts only waste generated in Oneida and Herkimer Counties The Authority points out that its wetland creation plan was developed in accordance with the mitigation requirements of DEC and the U.S. Army Corps of Engineers, and that wetland creation sites were located next to existing wetlands as much as possible. (The Objectors are especially concerned about waste coming into the landfill from New York City, given the impending Fresh Kills landfill closure.). The Authority's analysis needs to be evaluated in light of the Objectors' criticisms, to see if flood control values would be lost. RULING: No issue exists for adjudication. There is no basis for DEC to review transportation issues under Part 360 or SEQRA. Vector control is achieved mainly by keeping wastes inaccessible so that birds and other predators are deterred from using them as a food source. Finally, the Objectors fault the screening analysis that was performed as part of the FEIS on the ground that receptors were not placed all along the project boundaries, so that there was no modeling for the area in which the highest off-site concentrations of pollutants would occur. Waste Business Journal (WBJ) reports annually on trends in waste disposal. Oneida-Herkimer Solid Waste Management Authority (Ava Landfill The following discussion addresses first the issues that will be adjudicated, then the proposed issues that will not. Keeping the size of the landfill's working face to the smallest practicable area; Keeping the areas of exposed soils to a minimum; Planting trees where appropriate and feasible; Strategically locating soil stockpiles, whenever feasible, to screen the landfill's working face; and, Revegetating exposed soils as soon as practicable. [6 NYCRR 663.5(g)(1).]. Also, DEC is not acting as a lead agency to supplement the FEIS. Opponents said that with no flow-control, a shrinking local population, and wider use of recycling and other alternatives to disposal, a landfill in Ava might not take in enough waste to pay for itself, leading the Authority to sell or lease its permit to a private entity that would take in waste from outside the region, perhaps from as far away as New York City. He says that the valley incised into the subsurface bedrock and the low elevation of the water table suggest that the aquifer has a distant zone of discharge, which makes determining the aquifer's extent all the more important. It would provide a disposal alternative for the two counties based much more on actual costs than on market conditions, reducing the influence of market uncertainties such as price increases, facility closures and changes in laws governing interstate transport or flow control. To verify this, air quality monitoring is required under terms of Staff's draft permits, which also contain various operational safeguards. A total of about 40.5 acres of federally regulated wetlands were found within the WLE-5 East footprint development area (which includes the footprint, perimeter berm/access road, leachate storage tanks, and detention ponds), about 18.2 acres of which (as well as 15.2 additional acres of adjacent area) were deemed subject to DEC regulation as well. To assure the 80 percent gas collection efficiency assumed by the Authority's screening analysis, Staff's draft air permit requires that the landfill be constructed with a geomembrane liner, horizontal gas collection trenches with a disposable plastic cover while the landfill is active, and a gas-impermeable geomembrane final cover, or an equivalent system approved by DEC, at closure. Application No. (See, Exhibit No. The second volume (Exhibit No. As explained in the engineering report (pages 86 to 88), landfill gas production was estimated by use of an EPA model that involves various input parameters. Though their petition contained no offer of expert proof, the Objectors' attorney, Mr. Gerrard, said during the issues conference that he was "working on" getting a psychologist to testify on this issue. Any consideration of need must account for the present-day situation, since the cost figures in the Little report are already dated. 10) announcing a hearing on the DEIS, the Authority confirmed its willingness to meet with local officials to begin discussions on a community compensation and benefits plan, which might include property value protection for persons living near the landfill. Based on information compiled during the Authority's well development, obtainable sustained well yields are significantly more than the DEC guidance standard of 50 gallons per minute. ACAL also owns 52 acres of forested land - - bordered on the east by the Paluck farm (where the footprint would be located) and on the west by the Veterans Memorial Forest - - which would be acquired as buffer by the Authority should the project go forward. However, this letter did not set out reasons for believing the Class II classification was incorrect, so it did not oblige the Department to reconsider its determination. While I appreciate the Applicant's concern for finality on this issue, I must also note that the issue could have been laid to rest prior to completion of the entire application had the Authority availed itself of the option of conceptual review under 6 NYCRR 621.11. The Authority's SEQRA findings also state that during times of harsh winter weather conditions, personnel at the landfill and the Authority's transfer stations would coordinate their operations to allow for the safe transport of waste to the landfill site. EN English Deutsch Franais Espaol Portugus Italiano Romn Nederlands Latina Dansk Svenska Norsk Magyar Bahasa Indonesia Trke Suomi Latvian Lithuanian esk Unknown (These demonstrations are the same as those set out in 40 CFR 258.12, including the demonstration that the landfill "will not cause or significantly contribute to significant degradation of wetlands" [40 CFR 258.12(a)(3)].). 6, in the Town of Niagara, New York. 9-Z-1, page 1-3), construction and operation of the landfill would affect 46.6 acres of federally regulated wetlands, 14.34 acres of which are also part of state-regulated freshwater wetland WL-2. Dr. Michalski faults the hydrogeologic investigation for failing to explore this alleged aquifer beyond the edge of the landfill footprint. Poor road conditions coupled with severe winter weather would create safety hazards, especially with school buses sharing the roads with waste- and leachate-bearing trucks. Oneida Herkimer Regional Landfill is located at 7044 State Route 294, 4 mi W of Boonville, Boonville, NY 13309. RULING OF THE ADMINISTRATIVE LAW JUDGE . [FEIS, Exhibit No. The Authority rated the effectiveness of the impacted state-regulated wetlands to alter flood flows by means of a Wetland Evaluation Technique analysis. The Commissioner found that the Department had no authority to impose further conditions on account of such impacts, since "the purpose of Part 360 is to regulate the safety of solid waste management facilities [6 NYCRR 360-1.1(a)]. The Objectors also try to raise psychological impacts as a hearing issue in relation to public health and welfare considerations for the two variances requested by the Applicant under Part 360. subscription! (315) 733-2305, 239 Academy St. Approximately 55 percent of the landfill gas produced is methane, and the remainder is primarily carbon dioxide. According to the Objectors, particulate concentrations would easily exceed national air quality standards if local soil characteristics, rather than national averages, were factored into the emissions analysis. However, as DEC is not the lead agency in this case, the Commissioner's ability to pursue SEQRA issues at this point is restricted to matters previously raised by DEC Staff in its comments on the DEIS, and this is not one of them. 9-W-2.). 13309. Also, the subject wetlands are classified by DEC as Class II. For the purposes of this permit condition, permit issuance shall be considered "final" when (a) the time period within which any available administrative or judicial challenge or appeal must be commenced has passed without such challenge or appeal having been commenced, or (b) a determination of any administrative or judicial challenge or appeal has been made, and the period within which any subsequent challenges or appeals must be commenced has passed without such subsequent challenge or appeal having been commenced. 9-U-1). He says that geologic reasoning indicates that the aquifer must extend in the downgradient direction for a considerable distance and then join another such buried valley aquifer to form a contiguous system, as surface rivers do. According to that review, the landfill would not be visible from the forest, including its access road, since the area between the two is already heavily wooded. The Objector veteran groups claim that the proximity of the landfill to the forest and monument will have psychological impacts on "especially sensitive" members of their groups. However, the maximum 24-hour and annual impact concentrations for PM-10 and PM-2.5 are both below the corresponding national ambient air quality standards (NAAQSs) given the effects of proposed control strategies. 9-BB), as well as pages C-43 to C-47 of the FEIS (Exhibit No. These issues arise from competent offers of proof by the Objectors' hydrogeology expert, Andrew Michalski, that run counter to the claims in the application. It would significantly enhance the Authority's leverage in contracting with waste disposal service providers, should it choose to do so. 8; a revised package, embodying minor amendments and corrections, was received as Exhibit No. 7) was from William J. Riley, Esq., of Boonville. As noted in the DEIS (Exhibit No. The Objectors claim that the Authority's landfill siting process ran afoul of both the methodology under which it was to be conducted, as well as Part 360 site selection requirements. Long-term reliance on waste exportation would not be a problem-free method of waste disposal. Administrative Office 1600 Genesee Street Utica, NY 13502. The Authority reasons that, since total NMOC is comprised of hazardous air pollutants such as acrylonitrile and vinyl chloride, one can expect that hazardous air pollutant emissions will be significantly lower than the AP-42 document estimates that have been used in the air modeling. Waste Location Search. Each criterion was assigned a weighting factor to reflect its relative importance, and during the evaluation of each site, that ranking factor was multiplied by a site rating ranging from one to three (with one representing the least favorable criterion conditions and three representing the most favorable) to calculate the site score. More Info. Issues for consideration include the adequacy (in terms of timing and intensity) of the Authority's 1995 and 1997 breeding bird surveys, the credit to be given to other sightings referenced in the Objectors' petition, and the value of the site as habitat for the species listed above. 73, on page 43) requires monthly monitoring of both the gauge pressure in the gas collection header, as well as the temperature and nitrogen or oxygen concentration of the landfill gas, consistent with federal requirements. This additional information is reasonably necessary to make determinations bearing on the overall wetland impacts of the project, and therefore is requested pursuant to 6 NYCRR 621.15(b). In determining whether such a demonstration has been made, the ALJ must consider the proposed issue in light of the application and related documents, the draft permit, the content of the petitions for party status, the record of the issues conference, and any subsequent written arguments authorized by the ALJ. It would give the Authority greater flexibility in managing local industrial and special wastes.