The Town was represented by Whiteman Osterman & Hanna; Alice J. Kryzan, Esq., of counsel. (B) The relevancy of the compliance history of LESI's Canadian subsidiaries has not been demonstrated because, per Mr. Davis' affidavit, they have only recently been subjected to LESI's management (i.e., as of October 20, 1992). It was noted that hazardous wastes must be transported through the community, and that the facility emits toxic fumes in close proximity to schools and homes. Town's Proposed Modifications 7 and 13 Absent agreement from the permittee to do these things, legal authority to impose these requirements is unknown, thus they cannot be considered further. The Intervenors complain about the "dubious distinction" of having been selected "[w]ithout their consent or knowledge" to be the hosts of the "only commercial hazardous waste facility in the State of New York," and argue that the local citizens quality of life should be receive a higher value than commercial interest. Lamborghini Reventon Roadster Price, To assist in this endeavor, I directed that an affidavit be provided specifying when particular documents were made available to the public at which locations. The prehearing Conference is scheduled to reconvene at, DEC Staff is directed to file a statement (to be, Office of Hearings and Mediation Services.

I judge that this is not the case here. The Commissioner's denial was held to be not arbitrary or capricious. BBB asks third parties who publish complaints, reviews and/or responses on this website to affirm that the information provided is accurate. The Town has also proposed that under certain conditions the permittee should be required to pay penalties to the Town, including payment of "stipulated" penalties in situations where no violation of the law has taken place.

Clearly, subdivision (4) restricts those acts or failures upon which DEC may base a denial or revocation of an hazardous waste permit. Ruling III: Staff's procedures in reviewing the pending applications will not be examined.

LESI is in the process of resolving the pending matters identified by the Intervenors, matters which are outside the scope of 27-0913 and the ROC EGM. 7783 Progress Wy. Ruling IV: (A) There must be a rational connection between LESI's compliance history, any DEC permitting action based thereon, and the responsibilities the Legislature has conferred on DEC. (B) The "validity" of the ROC EGM (as an unpromulgated rule) will not be decided in this proceeding. The particular environmental auditor used should be of. Consideration is given to a "feed rate" provision because of the conspicuous changes between the first and second draft permits in this regard without documented explanation (as pointed out by a member of the public). Bologno v O'Connell 7 NY 2d 155 (1959). Id., 301(b). Laidlaw Environmental Services, Inc. ("LESI"), 220 Outlet Pointe Boulevard, Columbia, SC 29210; and BDT, Inc. ("BDT"), 4255 Research Parkway, Clarence, NY 14031, (collectively, the "Applicants") seek modification of existing Hazardous Waste Facility and Air Permits; and Certificates to Operate; and approval by the Department of Environmental Conservation (the "Department," "DEC," or "NYSDEC") of a change in the permitted facility's operational control. Commissioner of Licenses denied Playboy Club a cabaret license on the ground that waitresses therein, scantily clad as "bunnies" would mingle with patrons in violation of a specific regulation which prohibited female entertainers from mingling with guests. Said provision, however, does not restrict DEC's review of an applicant's Record of Compliance to this time period.

The Liquor Authority's actions were upheld in court.. A change in "operational control" of a facility requires prior written approval of the Commissioner under 6 NYCRR 373-1.7(a)(2). The Commissioner's Record of Compliance Enforcement Guidance Memorandum (the "ROC EGM") also requires that an applicant be found suitable. It contends that inquiries further up the chain of ownership into records of corporations twice or more removed from BDT's ownership would be permissible only if DEC is entitled to pierce LESI's corporate veil by showing LESI's parent corporations violate the corporate form and exercise direct control over LESI's day-to-day operations and environmental compliance.
$500,000 civil penalty addressing hazardous waste burning violations. Ruling XII: The remainder of these proceedings will focus on the need for and appropriateness of the additional permit conditions drafted by Staff (outlined below), the need for and appropriateness of certain modifications to same as suggested by the Intervenors and/or the public (summarized below), and whether or not the transfer should be denied in the absence of any or all of these possible conditions. As advertised in the Notice, I convened the public hearing on Wednesday, June 2, 1993, at the Clarence Town Hall, One Town Place, Clarence NY 14031, with a public statement session which began at 2:00 PM.

Assuming existence of the legal authority to confer enforcement rights, and the existence of the particular rights sought to be conferred, whether or not they should be conferred is not an appropriate consideration for this proceeding. While there is a financial and organizational relationship between LESI and the corporations standing in a parental relationship to LESI up to Laidlaw, Inc. of Canada (Laidlaw, Inc. is backing LESI's letter of credit to DEC and Laidlaw, Inc. recently determined that LESI will manage corporations previously managed by Laidlaw Environmental Services, Ltd. of Canada) there is nothing to indicate that Laidlaw, Inc. involves itself in management of the day-to-day hazardous waste activities of LESI or its subsidiaries. They claim LESI relies on the compliance history of its least relevant facilities and that LESI is unsuitable even under a standard of "gross negligence." Osaka Mayor, I was assigned to hear this matter on April 5, 1993. Tirol Srl Vs St Polten Srl,


(6 NYCRR 621.14; Matter of Garden City, supra).

Air Permit/ Certificate to Operate No. "Fitness" information may be relevant to the determination of what conditions should be attached to the permit, or whether or not non-hazardous-waste permits should be issued -- or whether or not a particular act occurring within the 27-0913(4) "window" will rationally support a denial or revocation (see C. Schmidt & Sons, Inc. v NYS Liquor Authority, 73 AD2d 399 (1st Dept. The storage of hazardous wastes at the facility is in containers, and the treatment is either in a hydrolysis tank system or an incinerator. Staff may recommend issuance of a permit with additional special conditions. 143200 0007 0002A W I, issued March 1, 1991, expiration date March 1, 1996. Under ECL Article 27 and the ROC EGM, these states' decisions must be given "substantial weight." Allowing Intervenors to ignore the statutory criteria because air permits are also required would violate the plain intent of the Legislature.

The ROC EGM does not "foredoom the results" because it only requires the Staff to balance the facts in each case, without mandatory decisional criteria or formula. Furthermore, the court commented that "[t]here is no evidence that Laidlaw has the reputation nor the propensity for breaching environmental laws." See Landmark Colony at Oyster Bay v Board of Supervisors of the County of Nassau, 121 Misc.2d 23, 26 (Sup. Office of Hearings Matter of Garden City, supra. LESI and its subsidiaries are well-managed, environmentally safe operations. I note that the permits that are the subject of this proceeding are due to expire in 1996 at which time they will need to be renewed if operations are to continue.Until the permits are renewed, LESI's operations will be considered probational.

Of course, the information's age will have some bearing on the weight it will be accorded (see Corrections Law 753). 1989), aff'd., 917 F2d 327 (7th Cir. Staff characterized Intervenors as trying to impose a "perfect compliance" standard, requiring permit denial upon the finding of any violation, no matter how minor and non-impactive, at any Laidlaw facility. See Matter of CECOS International, Hearing Report and Recommended Decision 8/21/89.

This is clearly a change in "operational control," making the "fitness" of the new controlling entity subject to DEC's scrutiny (compare with C. Schmidt & Sons, Inc. v NYS Liquor Authority 73 AD2d 399 (1st Dept '80), aff'd 52 NY2d 751 (1980)) In C. Schmidt, all of the corporation's shares were purchased by an individual who was later found to be unfit, resulting in the Liquor Authority denying approval of the change in corporate control. Albany, New York. of Health, 109 AD2d 140 (1985). Whether or not the transfer should be denied all together, regardless of possible permit conditions, has already been extensively argued by the Intervenors, thus no further argument is needed.


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