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DEC responses to proposed County Waste expansion comments

DEC responses to proposed County Waste expansion comments

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Published by: Cecelia Martinez on Feb 17, 2011
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Response to Comments County Waste, Troy Transfer Station DEC #4-3817-00111/00004 February 17) 2011

On June t 1, 2010, the Department received an application from County Waste Transfer Corporation, to modify an exi sti ng Solid Waste Management Permit to increase dally through put of waste from 580 tpd to ROO tons per day (tpd), and to expand the existing hours from 7 a.rn. to 8 p.m. to 5 a.m, - 7 p.m., and 10 p.m. - 3 a.m. to allow overnight deliveries without processing from 10 p.m, to 3 a.m

Lead Agency Coordination was conducted on June 14,2010, and having received no response from the City of Troy the Departmentassumedthe role of Lead Agency. Additional information was requested of tile applicant relative to potential noise impacts, and ultimately a negative declaration was issued on July 20, 2010.

The project is an Olliisted Action, and considered Minor under UPA. However, the Department felt it necessary to conduct lead agency coordination and seek the input of community residents regarding the proposal to accept deliveries during night time hours and therefore, a public comment period commenced on July 21; 2010. The deadline for comments was August 12,2010, which was extendedby the Department at the request of the public, until August 19, 2010. Below isa summary of all commentsreceived.and the Department's responseto the comments and issues raised.

The site was originally permitted in 1998 to Dan's Hauling Demolition as aconstruction and demolition (C&D) solid waste transfer facility. It was sold and the permit was transferred to Troy Transfer, LLC in July of200 1, and to County Waste in February of2008. ill ] une of2008, County Waste applied to the Departmentto accept municipal solid waste at the facility, and after public notice, the application was approved in June of 2008. The permit currently allows the facility to accept 580 tpd of C&D and ill unicipal waste and recyclab les for transfer to other facilities. No landfilling or dumping is permitted at the site.

A summary of all comments received and the Department's response to those comments follows.

Existing Brownfields projects, and status of the Riverfront - Several comments were received regarding the potential impact of contamination from the operation of this facility on the ongoing brownfields remediation project, located between the facility and the Hudson River (King Fuels property). Questions were also presented about runoff from this site, and the future of the riverfront area.

Response: A remediation project is ongoing at the fanner King Fuels Oil Storage Terminal, which is now owned by the Troy Local Development Corporation, In Julyof2003 a Record of Decision was issued by the Department under the name of "NiMo Troy Water Street Area 2", (a copy is available on our website at www.dec.ny.gov/docs/remediation hudson pdf/rod4420290 I.pdf.

A second remediation and restoration project is underway for the South Troy Industrial Park site, located north of King Fuels, which was undertaken as a result of the Environmental Restoration Record of Decision issued March, 2006, which can be found at \vww.dec.ny.gov/docs/remediation hudson pdf/b001634.pdf. In addition, the fanner New Penn Trucking fad I ity is the site of a remediation project completed under DEC's Voluntary Cleanup Program, and the fanner Sperry Warehouse Site (also known as the former Burden Iron works) was also the subject of a Voluntary Cleanup Program project.

Residents raised Concerns regarding potential contamination from these adjaoent remediation projects, and the potential for the proposed project to impact the cleanup efforts. In consultation with our Bureau of Environmental Remediation, it was determined that cleanup efforts are ongoing, and are independent of the activities at County Waste. Staff acknowledge that the transfer facility has operated for many years, formerly under Dan's Hauling, and that staff are aware of the activities at this facility, and confirm that the County Waste project does not impact these cleanup efforts. Staffalso confirmed that current contamination and cleanup efforts are limited 10 the King Fuels parcel.and do nor extend to the County Waste (former Pattee) parcel.

Residents also raised the issueof litter and debrisalong the riverfront. The operation plan for County Waste requires the control of off-site.litter and debris, and that the facility be inspected enaroutine basis to ensure that debris does fiot escape the project boundary. Site visits to the riverfront area and facility show that the facility is well-tun and clean, and those routine inspections prevent litter from escaping the project boundaries. Minimal litter is present in the remediationarea toward the river, however, it appears to be litter left from other activities in the area, such as beer cans

and tires, and not blowing debris from the transfer facility. .

Commentswere receivedquestioningtbe potential for runofffrom County Waste to hinder those cleanup efforts, or to cause further contamination of the Hudson River. County Waste is requiredto comply with Phase II Stormwater Regulations for Industrial Activities, which requires thatany runoff be contained and treated on the project site. .Any runoff or leachate fromthe operation is collected in a trench drain that runs along the front of the tipping floor building. The floor is sloped towards the' trench so any liquid on the floor is captured by the drain, and then pumped into an above ground liquid storage tank. The tank has double containment and leak detection per Part 360 Solid Waste requirements. There is also a collection drain below the area where the long haul trailers park, between the building and the road to collect any runoff that may OCCUf ill this area.

The Department has determined that there will be 110 impacts from the proposed modification to the County Waste Transfer facility permit on the brownfiekcleanup projects.

Flooding/Floodplain - Comments were received that questioned thesiting of this facility within the floodplain.

Response ~ The transfer facility is an existing operation that has been operated for the past decade at this location. which has been located in the same location for over a decade, The E-Lot facility and the Rensselaer County Jail are also located near the County Waste Tran-sfer facility and in the floodplain. This modification requires no new construction. The permit conditions addressing containment of debris and run off on site have been addressed to the satisfaction of the Department. The permittee also constructed a leachate collection system in 2008 to further prevent any discharges off-site. The Department has also reviewed thetopographic maps and aerial photograph, as well as conducted site visits and have determined that the County Waste Transfer facilitys located well.above the existing riverfrontlbrownfields area. FEMA flood maps further indicate that the tributary to the Wynants Kill is in Zone A (meaning 100 year floods), which the adjacent riverfronareas are Zone B (meaning 500 year flood). Any flooding that may occur at the river level would disperse along the riverfront properties prior to reaching the County Waste Transfer facilityelevations

The Department has determined that there will be no impacts from the proposed modification to the County Waste Transfer facility penn it onthe floodplain.

ArcbaeologiCal and Historic ResQurces - Comments were received on whether there ate archaeological resources, and historic properties in and around the project site.

Response - The proposed modification does not include any new construction or disturbance of land, The Department has determined that-the comments are oat relevant to the actions contemplated by the proposed modification of the permit.

Coastal Consistency - A comment was received questioning whether-this project is consistent with New York Department Of State's Coastal Consistency regulations.

Response - The proposed project does not include any new construction or disturbance of land. The Department has determined that the commentsare notrelevant to tbe actions contemplated by the proposed modification of the permit.

Habitat ImpactsfWynants Kill Creek - Comments questioned whether the Department reviewed potential impacts to the Wynants Kill Creek, and whether the Wynants Kill Creek bridge-at Route 4 can ac-commodate the truck traffic from this facility.

Response - The current project does not propose any construction that may impact the Wynants KiiL The existing penni t conditions prohibit.the discharge of any storm water or leachate off-site, and the containment on-site of any debris. .

The NYS Department of Transportation has determined that the existing bridges and culverts are rated "safe" for existing traffic patterns. and levels. Unrelated upgrades are proposed for Route 378, which is discussed below.

The Department has determined that there will beno impactsto the Wynants Kill Creek and Wynants Kill Creek bridge from this project.

Dust and Air Qnality - Comments were received regarding dust in and around the County Waste facility, and the potential for blowing debris.

Response - The Department prior to 2008, received several complaints of-dust from trucks entering and exiting the facility. When County Waste purchased the facility in 2008, they paved the entrance to the facilityand the majority of the site, and installed a new truck scale to control dust. The existing perm it requires that paved surfaces are kept clean to further minimize' dust from thesite,

All of the transferring of waste from the trucks at the facility is undertaken in an enclosed (three-sided) structure that further minimizes the potential for blowing debris. Routine inspections are also required by the existing penn it to control litter and debris on site.

The Department has determined that the existing req uirements to prevent off-site dust and debris are sufficient to avoid any impacts from dust or debris offsite.

Odors- Comments were received regardingsite odors and measures to control odors.

Response - The facility is required to use misters to prevent off-site odors. Misters spray fine amounts of water during the transfer of waste at the facility to suppress the generation of dust and odors. No odor complaints have been received by the Department forthe past several years.

The Department has determined that existing requirements to m itigatethe generation of off-site odors are-sufficient to prevent off-site odors.

Vector cont.r.'ol/p_est controlltrespa,ssers - Several comments were received regarding the potential for nuisance wildlife (rats) or other vectorsto be attracted to the facility, and the potential for trespassing domestic animals

Response - Mice, rats and other rodents are commonly found in and around riverfront areas. The facility is required under its existing permit conditions to have a pest control plan, and to utilize certified-pest control applicators to control pests at the facility site.

Comrnenters also expressed concern regarding their household pets (dogs/cats) and children entering the facil ity and being affected by the presence of rodents. The facility is private property, and therefore, trespassing by childrenor anyone is a violation of the law. The applicant has pest control practices in place to control vectors and nuisance species to the maximum extent practicable, Household pets which should be supervised by their owners, that may enter the facility is beyond the applicant's reasonable control.

The Department has determined that existing requirements are in place to effectively control rodents and vectors at the transfer faci lity,

Hazardous Waste - Comrnentersraised the issue Of whether hazardous waste may be accepted at the transfer facil ity.

Resp.anse - No. hazardous waste, radioactive waste or medical waste is allowed to. be accepted or processed at this facility under existing penn it conditions. In the event that hazardous Waste is found in a load entering the facility, the existing hazardous waste contingency plan requires that the waste be segregated to a safe area, the Department be contacted., and that a licensed hazardous waste hauler be contracted to. remove the hazardous waste to a permitted facility ..

The Department has prohibited the $ceptance of hazardous waste at the facility.

Contingency }Jlans for EroergenclesJ)r Disasters - Comments received questioned whether contingency plans were in place in the event of a fire or emergencyat the transfer facil ity.

Response - The 6NY eRR Part 360 Sol id Waste regulationsand the existing permit requires that the facility prepare and maintain an Operation and Maintenance Manual and Contingency Plan that addressesa fire and all other emergency situations. The Contingency Plan sets forth emergency actions in the event of a fire, spill, flood, leachate malfunction, or facil tty shutdown of mote than 24 hours. These emergency actions include notification to the Department and emergency personnel (if warranted) and securing of the facil ity, and diverting of deliveries to. alternate locations. The Contingency Plan also includes instructions for routine vector and odor control, facility inspectionsnanagernent of waste, and the completion of daily logs regarding the operation, The operating manual a1so includes a Personnel

. .

Train ing Plan, wh ich all emp loyees are req uired to adhere to regard ing all potential emergencies, and routine operations

of the facility.

The Department has determined that the tran sfer facility Contingency Plan has covered allemergencyeventsthat may occur at a transfer facility.

ViDlations - Comments were received that several years ago, unauthorized waste was accepted at the transfer fac it ity.

Response - The Departrnentcited the former: owner of the facility, Dan's Haulinglremolition, several years ago for accepting unauthorized waste. The violation was remedied by the removal of the unauthorized waste.and the facility was sold to Troy Transfer, LLC, shortlythereafter, The Department has not documented any violations at this transfer facility by County Waste Transfer Corporation

The Department hasn 't documented any v iolations by the current owner of its perm it or applicab Ie regulations at the transfer facility whileunder its ownership.

Trash being left Qn site - Comments were rai sed regarding the amount oftime municipal waste is allowed to remain on site and whether the time frame is based on weight or time received. Comments also questioned whether waste remaining on site could generate methane gas.

Respanse - Packer trucks bring municipal or household waste to. the faci1 ity and the waste is em pried on the fac it it)'; s floor. Large haul trucks are staged and positioned behind the transfer facility to be loaled by excavator, with waste from the floor. The regulations allowthe waste to remain on site fora maximum of7 days. The Department reviewed the transfer facility operation records and found that the waste is removed from the facility within 24-48 hours. Methane gas is created from the decomposition of municipal solid waste over art extended period of time. The timeframes in the regulations and the shorter time periods generally followed atthis transfer station will prevent the generation of any significant amounts of methane gas

The Departmenthas determ ined that the time frames for the removal of m un icipal waste at the transfer facil ity prevent the generation of methane gas.

Monitoring by the Department -' Comments were provided that questioned whether the Department and the-federal Occupational Safety, Health Administration ("OSHA") had the ability to monitor compliance with permit conditions and OSHA standards. -

Response - The health and safety of the workers at the transferfacil ity is under the jurisdiction of OSHA, like any other facility under their purview. The Departmentconducts routine facility inspections to ensure that the tenus oftbe penn it are being followed. As noted above, there have not been any documented violations by the existing owner of the transfer facility. The permittee is also requiredby regulations at 6NYCRR Part 360-1.4( c), to file an annual report to the Department that identifies the waste received, final destination, materials recovered (recyclables), any unauthorized waste received and how it was disposed, and any problems or changes Which occurred during the year. The failure to file the annual report, or provide inaccurate information is a violation ofthe Environmental Conservation Law.

The Department is authorized to inspect the transfer facility at any time, and toeview daily logs and reports, andto monitor the operation including dust control, vector control; waste handling, etc. The Departmentwill also respond to any complaints in a timely manner. The Department has the authority under ECL statutes and regulations to address any violations observed during inspections.

The Department is authorized by ECL statutes and regulations to inspect and monitor the transfer facilityto ensure compliance with its permit and any other applicable EeL statutes and regulations.

Waste Handling and Hazardous Waste Collection in Troy - Comments were received regardingthe City of Troy recycling practices to reduce the generation of waste, Hazardous Waste Co llection Days, and the disposal practices of the City of Troy.

Response - Department staff met with representatives of the City of Troy to obtain information regarding the City's solid waste programs, The CityofTroyresidentsgenerateonaver~ge 15,000-20,000 tons per year of municipal waste, and that is all brought to this transfer facility. County Waste is responsible for collectingthe recyclables, and the City of Troy Department of Sanitation collects municipal sol id waste. Details regarding the City's recycling program, items that can be recycled, and information regarding collection can be found on the City's website at www.troyny.go Irecycling.html lriformationrelativeto the City's trash collection program through the Department of Sanitation is located at www.troyny.go /recycling.html The City website contains information on the collection of recyc I ables, yard waste, C&D, and househo ld waste. Each of these categories ofso I id waste are collected separately to minimize the amount of waste that is ultimately disposed of in landfills,

The City has not held its own Hazardous Waste Collection Day until this past year. The City has informed the Department that in recent years, the City has participated in the collection days held by the City of Albany and Town of Colonie. The City did hold its own hazardous waste collection on November 13, 2010. Over 225 residents preregisteredfor thisevent, and over 200 actuallyparticipated. Another collection day is currently being scheduled for the spring of 20 II.

The County Waste Transfer facilitymunicipal waste is ultimatelyshipped to the Albany, Colonie, or Seneca Meadows Landf I ls, or to the Hudson Falls Waste to Energyfacility. County Waste has also initiated the single stream recye ling program i~ the Capital District to make recycling easier-and more attractive to its customers, Recyclables are received, sorted and transferred to recycling facil ities, The separation of recyclab les ensures that the waste rou.ted to landf lls is minimized to the maximum extent practicable.

The Department has outlined the City of Troy and the County Waste solid waste practices as requested by the commenter.

Economic Impact - Comments received suggest that the existence of the transfer facility creates negative impact on nearby property values of residencesand businesses.

Response - The area around Burden Aven ue and Water Street is undergoing reined iationof existing brownfield sites to make the area viable for development and revitalization. The area of Route 4 and the Menands Bridge is slated to undergo improvements by the Department of Transportation to.im prove traffic flows and the condition of roadways in that area, beginning in 20 I 1. The City of Troy is undertaking a Bike Trail/Pedestrian Trail project to connect theriverfrontwith the Menands Bridge and the trail on the west side of the river. These projects together are intended to

revitalize the area of South Troy -

The Department hasn' t been presented with any substantive comments on the i:m pact of'the existing transfer station on nearby property values.

Bikeway/WaJkway Project and Visual Impacts - Cornmenters requested information regarding the proposed Bikeway I and the pro] ect's impact On the proposed trail. Commenters also question-ed the v isual impact of the existing facility on potential use of the trail once it is completed, and whether the riverfront could be successfully developed with an existing transfer station located in the area.

Re$ponSe - The Bikeway, accord iug to the City of Troy , is intended to create a riverfront bike path on the Troy side of the Hudson River, that is to be connected to the existing bike path on the westside of the River by the Menands Bridge. The Bikeway will also follow the Hudson River along the Troy side along Industrial Park Road, beyond the Congress Street Bridge, and end just south of the Green Island Bridge. The project is to be funded by the Federal Highway Administration and the City of Troy, Construction on this project is slated to begin in 2012.

The County. Waste facility is an existingfacility, and no. new construction is requested under the permit modification. The visual impacts of existing structures on the route of the proposed Bikeway isn't a proper consideration in this permit review. Department staff have, however, driven the proposed route of the Bikeway and note that the existing County Waste transfer facil ity shie lded by thick v egetati 00 and trees from the proposed route, and on Jy limited views of the transfer station are experienced during a short distance exitingthe Route 378 Bridge. Pedestrians or bikers will not be able to. 800 into. the County Wastetransfer facility site fom the proposed route along the river.

The further redevelopment of the area and the location oftbe existing transfer station was raised as a comment. The Department doesn't review local land use planning deeis ion s. However, it should be noted that the transfer facil ity is shielded from most vantage points by vegetation, and an additional visual barrier between the operation and Route 4. The transfer facility building near the entrance was recently reb ab ilitated, and the visual barrier/wall was reconstructed at the entrance to shield views of the site from vehicles traveling that intersection. The remnants of the old, deteriorated building were removed, and a new wall was constructed on the existing foundation to improve the appearance of the facility, entrance, and further provide visual and noise barriers to neighboring residents

The future redevelopment ofthe nearby area around the existing transfer station is a matter for the City of Troy to address. To the extent any commenters have raised concern about the existing views of the transfe-r facility, the proposed perm it modification does 110t change any aspects of the building design or add any other structures to the transfer facility that could negatively alter existing views.

Noise- Commentatorsraised questions regard ing potential increase in noise from the facility, particularly if overnight deliveries are approved.

Response - The Department required an updated noise evaluation from the applicant, reflecting proj ected noise levels, during daytime hours and proposed overnight hours. The results of the noise level study show that noise generated within all proposed hours of operation will not exceed the noise standards contained in 6NYCRR 360-1.14(p) for noise levels beyond the property line in urban areas. The comprehensive noise study, conducted by Nevus Engineering, evaluated the best and worst case scenarios for both extended morning hours and the receipt of deliveries during. overnight hours. The 6NYCRR 360-1.14(p) standards set the Property Line Noise Limitsfor solid waste facilities for urban settings at 57 decibels for 10 p.m. to 7 a.m., and 67 decibels from 7 a.m, to 10 p.m. The project must comply with these standards and ensurethat projected noise levels will be below 57 dBA for both the proposed morning and overnight hours.

The. noise study took sound level readings over a four day period, 24 hours per day, at 15 minute Leq levels. M~surementswere also-taken ofa truck's normal operations ~t the transfer station (e.g., backup, drive forward, and unloading), Measurements and readings were taken at various distances based on the route that trucks typically take when entering and exiting the transfer facility as well as during unloading. The extended morning hours, and proposed overnighthours were evaluated separately.and it was noted that during overnight hours, the plant would not be operating or processing, and therefore, vehicle traffic and unloading would be the only noise source duringiose

hours. .

Existing background noise. levels during 5 a.rn.-7 a.m. were reported to be between 61 and 62 dBA. Existing background noise levels during overnight hours ranged between Sf dBA and 58 dBA. Projected noise levels at the property line, if the modification is approved, would be 61-62 dBA during extended morning hours, and 53 dBA during overnight hours, which demonstrates little or no impact from extended operations.

The worst case scenario would result in a maximum 2 dBA increase; which is well within allowable increases, in accordance with the Department's noi se guidance and 6NYCRR 360 regu lations. The applicant has proposed a limit of three trips per hour during overnight operations, and has agreed to no overnight processing, to further minimize neighborhood impacts. The limit of three trucks per hour during overnight operations will be included as enforceable permit conditions.

The Department has determined that the extended hours of operation will not increase allowable noise levels to be inconsistent with the standards in 6NYCRR Part 360.

Traffic Impacts - The most comments werereceived on traffic irrthe vicinity of the Route378 Bridge, Route 4 and the County Waste transfer station. Comments addressed accidents, backup (wait times), volume of traffic; traffic patterns/road configuration, and structural deficiencies of the bridge.

TheNYS Department of Transportation bas determined that the traffic from the proposed increase in hours of operation of the transferfacilitycan be accommodatedby existing roads, highways and bridges. Further, the aftertbe completion of public notice, the applicant withdrew their request for additional tonnage, and therefore, existing traffic volumes are not requested to increase (see below).

Current Conditions

Menands Bridge/Route 378 _- The Menands Bridge (BIN 1062850) was constructed in the 1930's and is maintained by the NYS Department of Transportation ("DOT"). The DOT website lists the Menands Bridge as deficient, and it received nine "yellow flags" during its last inspection in 2009, however no "red flags" were noted which would indicate safety hazards. The bridge will be reinspected this fall, and DOT has proposed a $7,000,000 repair project, which is programmed for 2011 (with construction in 2012) to address the condition rating, with both federal and state funding (as discussed below)

Route 4 over the Wynants Kill - DOT bas also confirmed the integrity of the crossing of Route 4 over the Wynaots Kill, and confirmed that this crossing is load rated for all legal loads, with 00 significant structural issues at this time.

The Departmentdefers to the NYS Department of Transportation positive conclusion that the proposed increased hours of operation of the transfer facility can be accormodated by existing roads, highways and bridges.

Level of Service Traffic Analysis- The DOT ani! the City of Troy contracted with Creighton Manning Engineering, LLP, (CME) to conduct a traffic study of the area surroundingthe Route 378 bridge and Route 4. The level of service was evaluated for existing conditions, and conditions once the East In dustri aI Park Road project was completed. The results are as follows:

Route j 78 at Morrison A venue/Stowe Avenue was level D~ F, resulting in wait timesof36~ 163 seconds during AM peakhours..and D.E, with waiting times of 32: 74 seconds during PM peak hours.

Route 378 at Wate,r Street/Mill Street/Burden A venue Was level C~ F, with wait times of26~ 141_ seconds during AM peak. and level S A~ E with wait times of ~65 seconds during PM peak.

Considering annual increases in traffic and fluctuations OVer time, the level of service analysis was projected overthe next 20 years, and indicated similar declines in level of service at these intersections. As part of the design and environmental analysis of the proposed road improvements, CME projected the level of service after road improvements have been completed and traffic pattern changes implemented.

Route 378 at Morrison Avenue/Stowe A venue would remain substantially unchanged, at Levels D-F during AM peak hours, and D-Eduring .PM peak hours.TI1is is due primarily to vehicles still traveling beyond this point, however, not backing up in queue waitingto enter County Wasteas in the past.

Route 378 at Water Street/Mill Street/Burden Avenue was projected at levels A-D, with wait times of 5-48 seconds during AM peak, and levels A- B with wait times of 7 ~ 18 seconds during PM peak hours; wh jch is a significant improvement.

It should be noted that there will be a s ignifleant change in traffic pattern s at the intersection of Water Street and Route 4. Under the proposed project.alternative for the Industrial Park Road projectand Route 378 Bridge project, the Water Street entrance would be closed to traffic entering and exiting Water Street (County Waste transfer facility) and would be rerouted to enter at Main Street with the new East Industrial Park Road, in accordance with theCME study provided to the Department by the Cityof Troy.

Department staff evaluated the existing and proposed levels of service as studied by CME, and considered the proposed add ition of three trucks per hour during the overnight hours (and 2 per hour during daytime hours), as proposed by the County Waste permit modificationapplication. Traffic analysisguidance indicatesthat the addition of2 or 1truck-s per hour on heavilytraveledstate highway doesn't present a significant impaetbeyond what currently exists Guidance further suggests that the addition of that number of trucks on state highways designed for industrial traffic Wall ld also not present a significant im pact. The evaluation and data above supports the determination that significant im pacts to traffic are not anticipated.

Duringour review of the pub lie comments on the traffic information, we were informed that 10D g haul trucks were not able to navigate'the entrance to the faci lity and were, therefore, pass in~ the facility, tum fig around, and. passing the intersection a second time to gain access to the fad I ity. This required each long-haul trailer to make two passes to enter the faci I ity, and two passes to exit Department staff also independently confirmed that the trucks were passing the site to tum around, andadding unnecessary congestion to the intersection, In a letter dated October 27, 2010, the Department notified County Waste that alternative access means must be proposed in order to alleviate this unacceptabletraffic impact, and the Department would not authorize additional trucks. or throughput with the current traffic patterns.

A1; a resu It of the Department reg uest for alternativeaccess measures, County Waste withdrew its request-to increase throughput to &00 tons per day. The requested to extend operating hours was not withdrawn. Existing.approved traffic levels totaling 104 trucks per day (an average of S trucks per hour) had been prev iously reviewed under SEQR and no changes are requested in this perm it modification request. The applicant requested perm ission to receive overnight deliveries to accommodateNYS Office of General Servicescontract.requirements,

Department staff requested that County Waste provide alternative access or m itigati onof'traffic impacts for overnight deliveries. As a result, County Waste bas removed the railroad trestle wh ich was preventing access from the rear of the she. Packer trucks are now req II ired. to pass the Water Streetentrance and enter the site from Main Street and Industrial Park South Road at the rearof County Waste. This. entrance should significantly reduce baekup.congestioo, dust, and traffic at the intersection, as packer trucks will not be waiting to turn into the site, or turning around to enter from the

north. It is noted, that the long-haul trailers cannot-navigate the grade, within the site to enter from the rear, and therefore, need to access by continuing to travel to Main Street and tum back onto Route 4 to enter from the north. Tractortrailers constitute an average of2- 3 trips per hour. The proposed perm it would prohibittractortrailer entrance during the overnight hours of] 0 p.m. - 3 am. would be prohibited. The proposed entrance/exitin the back of the site will reduce the traffic at the intersection and the wait timesresulting from traffic patterns significantly. No additional vehicle traffic is being added as part of this modification, and traffic is being routedto the rear entrance to avoid sitting in queue to make a left into the facility, or turning around (with the exception ofong-haul trailers).

The applicant has further indicated that since the existing truck limit of I 04 per day will remain, the extension of hours will enable deliveriestwo hours earlierf Sa.m. rather than 7 a.m.), and also a maximum of3 perhourovemight(totai of 15), which will reduce the I1Um ber of trucks entering the facility during peak times. Spreading the existing trucks over

a longer period will reduce the number ultimately entering the facility during morning and afternoon peak commute times for other residents.

The Departm ent has determ ined, based on the above information, that the increase in hours of operations and associated mandated use by packer trucks of the newly constructed road entrance-and the prohibition of tractor trailers during the overn ight hours at the facility, will result in acceptable level of service for the area roads and highways.


The Department has determined that an comments have been thoroughly considered and evaluated to ensure that any available mitigation measures have been undertaken, and impacts have been avoided or minimized to the extent practicable. Enforceable permit conditions have been included in th permit to ensure that these standards are met.



4-3e 17 -0011'1/00004

EFFECTiVE DA:TE February 17, 2011




Under the Environmental Conservation law (ECl)

July 3D, 2013

TYPE OF PERMIT (Check All Appropri..te Boxes)




,...._......... ARTICLE-24:
- =





I=:==I----,w,--,-,-A.I.ER TRANSPORT ARTICLE 15, TITLE 15:



I=:===I_S,,---,C=-=ENIC & RECREATIO





______ '"=~._~ROSION MANAGEME!'l:.:.T _



ARTICLES 1. 3,17,19,27,37;

____ ~_1==~-=-6_'__"N__'_YC=_cR'--"R:..:..=..38{): RADIATION CONTROL



RR 360, NT

County Waste Transfer Corporation (518) 877-7007'
1927 Route 9, Clifton Park, NY 12065
Law,r-ence Schilllng_er (518) 369-3633
Troy Transfer Station
7991Burden Avenue
Rensselaer Troy E: 606.4 N: 4728,6
Continued operation of a construction and demolition (C&D) waste transfer station, recyclable handling and recovery
facility, and municipal solid waste (MSW) transfer facility, with an approved throughput of 580 tpd. Municipal solid waste
for transfer at the facility' wfll be accorn plished with in the existing onsite buildi nq. Recyclables are to be separated from the
waste stream, and the facility will incorporate enclosed tipping floors, areas for separation of recyclables, vehicle parking
and administrative offices.
This modification -authorizes a change in hours only, to include Monday through Saturday, from 5:00 a.rn. to 7:00 p.rn., and
from 10: 00 p. rn. to 3: 0 0 a _ rn for a maxi rnu m of th ree del iveries per hou r with rio processing. Overnig ht del iveries may be
by packer truck, and no long-haUl trailers are allowed to enter the facility, or be loaded, during those hours.
_. - . . By acceptance of thiS permit, the permittee agrees that the permit IS contingent upon strict compliance With the ECl, all applicable regulations, the General ConditioRS specified (see page 2) and any Special Conditions included as part of this permit.


Nancy M Baker

NYS DEC, Region 4 Headquarters

1130 North Westcott Road, Schenectad , NY 12306


February 17. 2011

PERM-GEN,WI'T (1111l2)

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") fm .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 fadlity or factlttiesauthorized by the permit whether in cornpltance 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 omlsslons, 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 taws.

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 .he 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.

ftem C: Permittee Responsible for Obtainirig Other Required Fermits

The permittee is responsible for obtaining any other permits, approvals; lands, easements and righls.of.way that may be required to carry out the activities that are authorized by this permit.

ltem 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.


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 SAPA401 (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, drawinqs and speoial 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.

2. Relat.ionship of this Permit to Other Department Orders and Determinjitions

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.

3. Applications for Perrriit 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 (HPDES), 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 Reglon,,!1 Permit Administrator, Region 4 I NYSDEC Depufy Regional Permit Administrator, Region 4

1130 North Westcott Road, Schenectady r NY 12306 I Stamford Field Office, Rte. 10, Stamford, NY 12167

(for Albany, Columbia; Greene, Rensselaer, I (for Delaware, Otsego, &. Schoharie Counties)

Montgomery, & Sohel1ectady Counties)

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 appllcation 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 orappJicablelaw or regulations since the issuance of the existing permit;

e) noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the

ir nm n . . . m .. .


1. If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the sfructural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, th.e structure, fill, excavation, or either modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alterafion.

2. The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of naVigation, or for other purposes, and no claim or right to compensation shall accrue from .any such

damage. .

3. Granting of this permit does not relieve the applicant of the responsibility of obtaining any other permission, consen or approval from the U.S. Army Corps of Engineers, U.S. Coast Guard, New York State Office of General Services or local government which may be required.

14 All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any othe environmentally deleterious materials associated with the project.

5, Any material dredged in the conduct of the' work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to caUSE damage to navigable channels or to the banks of a waterway.

6, There shall be no unreasonable interference with navigation by the work herein authorized.

7, If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Departmen of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration.

8. If granted under 6NYCRR Part 608, the NYS Department of Environmental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301, 302, 303, 306 and 307 of the Clean Water Act of 1977 (PL 95-2.17) provided that all of the conditions listed herein are met

9, All actiVities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application, except when such plans differ from the Special Conditions of this permit; in which case, the Special Conditions take precedence over the plans and application materials.

DEC PERMIT NUMBER 4-3817~00111/00004

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PERM·GEN.WPT (1110.2)


Special Conditions

1. All construction and/or operation of the facility shall conform to the following reports and plans, prepared for the permittee by Jeff Holt, PE, Holt Consulting; and Schillinger Environmental Associates; LLC.

a. Application, EngineerIng Report and Environmental Assessment, dated May 2008 (application

incorporated and signed May 9, 2008).

b. Plans and Drawings (dwg. No. 08-205.11-1) dated May 7, 2008

c. County Waste· Transfer Corporation, Application to Modify, dated June, 2009

d. County Waste Transfer Corporation, Application to Modify, dated June, 2010.

e. Letter from Lawrence Schillinqer regarding truck routes and traffic analysis, dated January 10, 2011, as modified by email dated January 29, 2011.

2. Hours of operation shall be limited to Monday through Saturday, 9':00 a.m. to 7:00 p.m. The facility shall be closed from 7:00 p.m. to 10:00 p.m, The facility may reopen from 10:00 p.m. to 3:00 a.m. for the sale purpose of receipt (dumping only) of waste from packer trucks. Processing or loading of long-haul trailers during the hours of 10:00 p.m. and 3:00 a.m. is prohibited. Longhaul trailer entry and loading is limited to the hours of 5:00 a.m. to 7:00 p.m.

3. The facility shall not accept more than 580 tpd, average daily tonnage, based on a rolling 30 day average, of municipal solid waste (MSW), non-municipal residues, and construction and demolition debris (C&D); not to exceed 780 tpd on any given day.

4. All solid waste, including MSW and C&D shall be transferred, stored, and/or processed in a three sided enclosure. No waste shall be handled outside of the enclosed building.

5. The permittee shall submit an annual report to the Department's Region 4 office no later than March 1 of every year, detailing operations in accordance with section 360-11.4(j) for the previous calendar year.

6. The permittee shall maintain surety in an amount not less than $137,000 in a format acceptable to the Department in accordance with section 360-1.12.

7. No hazardous waste shall be accepted at the facility. Any unacceptable waste received at the facility shall be handed in accordance with the procedures described in Section III, Operational Procedures, paragraph (e), Monitoring of Waste; dated June, 201.0.

8. The facility shall be maintained in a clean and nuisance free mariner. All necessary steps shall be taken to prevent litter, dust, blowing papers, odors, etc.

9. All packer trucks shall enter the facility from the rear entrance at Industrial Park Road.

10. In accordance with the application documents, truck access to the site during the hours of 10:00 p.m. to 3:00 a.m. is limited to three trucks per hour.

11. If noise complaints are received relating to back-up beepers during overnight hours, and the Department determines that OSHA-compliant motion-sensing or strobe back-up alarms are warranted, then within 60 days of receipt of directive by the Department, such motion-sensing or strobe backup alarms shall be installed.

DEC PERMIT NUMBER 4- 3817·00111/00004



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PERMSPCilWPT ~11102)

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