Residents for Responsible Government v. Grannis

75 A.D.3d 963, 907 N.Y.S.2d 330
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJuly 22, 2010
StatusPublished
Cited by3 cases

This text of 75 A.D.3d 963 (Residents for Responsible Government v. Grannis) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Residents for Responsible Government v. Grannis, 75 A.D.3d 963, 907 N.Y.S.2d 330 (N.Y. Ct. App. 2010).

Opinion

Lahtinen, J.

Appeals from a judgment and order of the Supreme Court (Sackett, J.), entered May 8, 2009 in Albany County, which dismissed petitioners’ applications, in two combined proceedings pursuant to CPLR article 78 and actions for declaratory judgment, to review a determination of the Department of Environmental Conservation finding that the hazardous waste disposal permit modification application of respondent CWM Chemical Services, LLC was complete.

[964]*964Petitioners contend that respondent Department of Environmental Conservation (hereinafter DEC) violated ECL article 27, title 11, when it issued a notice of completeness on a permit modification application pertaining to a commercial hazardous waste landfill and, furthermore, that DEC’S negative declaration regarding that application was not supported by the record. Respondent CWM Chemical Services, LLC operates an active 47-acre commercial hazardous waste landfill, known as RMU-1, on property it owns in Niagara County. RMU-1 is part of CWM’s 710-acre hazardous and industrial waste treatment, storage and disposal facility, which has operated since the early 1970s and includes 10 closed landfills. In 1993, following extensive review, the Industrial Hazardous Waste Facility Siting Board issued a certificate of environmental safety and public necessity for RMU-1 (see ECL 27-1105), and DEC granted CWM a permit to operate that facility (see 6 NYCRR part 373). As relevant to these appeals, the permit established a final height limitation for the landfill and provided that, when closed, the landfill must be covered with a compacted clay layer (hereinafter CCL).

In 2000, CWM commenced communication with DEC about possible modifications to its permit, including substituting a technologically superior geosynthetic clay liner (hereinafter GCL) as a final cover for RMU-1 instead of the CCL. Over the next eight years, DEC conducted investigations regarding this change and other changes sought by CWM, the agency issued numerous notices of incomplete application with requests for additional information, and received revised applications as well as scientific research reports and technical information. CWM eventually narrowed its modification application to essentially seeking to use the GCL as a final cover and, since the final cover system with the GCL would be 2fe feet whereas one using CCL would have been five feet, CWM sought to use the resulting extra 21/2 feet of air space available before reaching the maximum allowable height for additional waste disposal. This would extend the operational life of RMU-1 for up to one year by making an additional 106,870 cubic yards of space available, increasing the total waste of RMU-1 by about 3%.

CWM submitted an environmental assessment form with an April 2008 permit modification application and, after DEC initially found deficiencies in the application, a revised application followed in June 2008. DEC issued a negative declaration (see ECL art 8) in September 2008 in which it noted the superior performance of the GCL cover. While DEC acknowledged in its negative declaration that there would be an increase in disposal capacity at RMU-1, it observed that there would also be a [965]*965decrease in truck traffic necessary to deliver clay for a CCL cover and that the extended operations would be substantially similar to those that had been ongoing at the site. In November 2008, DEC published a notice of complete application.

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Cite This Page — Counsel Stack

Bluebook (online)
75 A.D.3d 963, 907 N.Y.S.2d 330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/residents-for-responsible-government-v-grannis-nyappdiv-2010.