failing to operate its facility to control odors - 6 NYCRR 360-5.3(h).Įach of the above-referenced regulatory violations constituted a separate violation of the terms and conditions of MVO's solid waste permit.failing to effectively control odors so that they constituted nuisances - 6 NYCRR 360-1.14(m) and.causing or allowing emissions of air contaminants to the outdoor atmosphere of such quantity, characteristic or duration which unreasonably interfered with the comfortable enjoyment of life or property - 6 NYCRR 211.2.The order, which was issued on J("July 2003 Order"), specified various regulations of the Department of Environmental Conservation (the "Department") that the facility had violated, including: The hearing record closed on June 10, 2003. Permit revocation proceedings were conducted in accordance with the Department's Uniform Enforcement Hearing Procedures at 6 NYCRR part 622. Backgroundīy Notice of Intent to Revoke Permit dated February 24, 2003, Department of Environmental Conservation (the "Department") staff notified MVO that it intended to revoke the facility's solid waste permit and State Pollutant Discharge Elimination System permit pursuant to article 70 of the Environmental Conservation Law and 6 NYCRR part 621. The order revoked the solid waste permit (#4-2730-00033/00001) for MVO's composting facility ("facility") located in the Town of Minden, Montgomery County.įor the reasons discussed in this ruling, MVO's motion is denied. This ruling is in response to a motion made by Mohawk Valley Organics, LLC ("MVO") to suspend my order of Jin the Matter of Mohawk Valley Organics, LLC and to reopen the hearing record to receive new evidence. In the Matter of the Notice of Intent to Revoke the Solid Waste and State Pollutant Discharge Elimination System (SPDES) Permits of: MOHAWK VALLEY ORGANICS, LLC.,ĬOMMISSIONER'S RULING ON MOTION TO SUSPEND ORDER AND REOPEN THE HEARING RECORD STATE OF NEW YORK : DEPARTMENT OF ENVIRONMENTAL CONSERVATION Mohawk Valley Organics, LLC - Commissioner Ruling, SeptemCommissioner's Ruling, September 8, 2003
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