2013 Hyland Landfill Expansion Materials

6653 Herdman Road, Town of Angelica, Allegany County, New York
Operated by Casella Waste Systems, Montpelier, Vermont

Hyland Landfill Surficial Geology and Regional Surface Water Map, Fig. 3-1, Hyland Facility Associates,
Landfill Expansion Project, Draft Supplemental Environmental Impact Statement, June 2006.

Two applications for permit expansions by the Hyland Landfill are currently pending before the NYS DEC. The first application is for an amendment to Hyland's solid waste management permit to increase the tonnage of accepted waste. The second application is for an amendment to Hyland's air emissions permit under to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law and Title V of the Federal Clean Air Act Amendments to allow for an increase in landfill gas emissions.

The DEC has extended the public comment period on these applications a second time. Comments are now due July 21, 2013. For information about how to comment, go to http://www.dec.ny.gov/enb/20130508_reg9.html#902320000300002.

For an excellent discussion of the circumstances of the Hyland expansion applications, see the Hyland Landfill discussion on the website of attorney Gary Abraham.

Negative Declaration under SEQRA for Permit Modification Applications

Negative Declaration: Determination of Non-significance issued by NYS DEC as SEQRA lead agency, DEC ID 9-0232-00003/00002, November 30, 2011. [The date of November 30, 2011 is not a typo. The neg dec was issued more than one year and five months prior to the notice of the permit applications being published in the DEC's Environmental Notice Bulletin on May 08, 2013.]

Applications for Permit Modifications

Draft proposed Part 360 Solid Waste Permit, authorizing an increased waste acceptance rate from 1,200 tons per day to 1,790 tons per day.

Environmental Assessment for Increased Disposal Rate, dated March 3, 2011.

Application for Title V Air Permit Modification, February 22, 2011. The draft permit and permit review report may be viewed and printed from the DEC website at http://www.dec.ny.gov/chemical/32249.html.

Revised Appendix D for Air Permit Modification Application, pertaining to landfill gas collection and control, submitted Sept. 2, 2011.

Existing Permits and Reports

Part 360 Solid Waste Permit

Part 360 Solid Waste Permit under Article 27, Title 7; 6 NYCRR 360: Solid Waste Management. DEC Permit ID 9-0232-00003/00002, (Solid Waste ID 02S17), as modified 04/03/2012.
New Permit Effective Date: 1/1/2007 Expiration Date: 5/1/2015
Modification # 1 Effective Date: 10/10/2007 Expiration Date: 5/1/2015
Modification # 3 Effective Date: 12/13/2011 Expiration Date: 5/1/2015
Modification # 4 Effective Date: _________ Expiration Date: No Exp. Date
Modification # 5 Effective Date: 04/03/2012 Expiration Date: 5/1/2015

Part 360 Solid Waste Permit as issued 12/20/2006.

2007 Application for modification to Part 360 permit, dated Oct. 23, 2007, seeking approval for 1,790 ton per day design capacity.

Title V Air Permit

Title V Air Permit, Permit ID: 9-0232-00003/00012, Effective Date: 02/25/2009 Expiration Date: 02/24/2014,

Title V Air Permit, Permit Review Report, January 10, 2012.


2012 4th Quarter (Annual) Report, submitted February 28, 2013.

2011 4th Quarter (Annual) Report, undated draft.

Rulings on Prior Applications

Hyland Facility Associates Issues Ruling, Daniel P. O'Connell, Administrative Law Judge, DEC Office of Hearings and Mediation Services, October 24, 2006.

Host Agreement with the Town of Angelica

Amended Host Agreement, Appendix C, Hyland Facility Associates, Landfill Expansion Project, Draft Supplemental Environmental Impact Statement, June 2006.

SEC Filings

Casella Waste Systems Annual 10-K Report, filed Jun 27, 2013.

USGS Reports

Groundwater quality in the Genesee River Basin, New York, 2010, James E. Reddy, U.S. Geological Survey Open-File Report 2012–1135.

Ground-Water Quality in the Genesee River Basin, New York, 2005-2006, David A.V. Eckhardt, J.E. Reddy, and Kathryn L. Tamulonis, U.S. Geological Survey Open-File Report 2007-1093.

Media Coverage of Hyland Landfill and Related Matters

Radioactive waste on the N.D. monitor: Energy Industry Waste Coalition worried about improper disposal of oilfield material: Landfill employees here discovered at least two “hot loads” this week, illustrating why a group of North Dakota citizens is worried about the proper disposal of radioactive waste that comes with oil production, Amy Dalrymple, Forum News Service, The Jamestown Sun, May 18, 2013.

DEC taking public comments on Hyland landfill request, Brian Quinn, Wellsville Daily Reporter, May 15, 2013.

Proposed act prohibiting the acceptance of wastewater from oil or natural gas extraction activities at wastewater treatment facilities and landfills, New York Senate Bill No. S5412, same as New York Assembly Bill No. A7497. SENATE SPONSOR Gipson, ASSEMBLY SPONSOR Buchwald.

Proposed act prohibiting the transportation or shipment of any waste product or byproduct from hydraulic fracturing operations, New York Senate Bill No. S5123A, same as New York Assembly Bill No. A7503-2013. SENATE SPONSOR Tkaczyk, COSPNSR Hoylman, Krueger, ASSEMBLY SPONSOR : O'Donnell, COSPNSR Lifton.

Tkaczyk Proposes Ban on Hazardous Fracking Waste Being Shipped into New York State, Jim Plastiras, NYS Senate Press Release, May 15, 2013.

Tkaczyk bill would ban the import and treatment of fracking fluid, Jess String, Legislative Gazette, May 15, 2013

How frack waste will travel, The Chronicle, Chester and Goshen NY, May 15, 2013, showing XTO Energy's cuttings disposal plan targeting Hyland Landfill.

'Frack' water facility to be located in Genesee River headwaters: Ulysses officials give green light, Amanda Jones, Olean Times Herald, May 15, 2013.

Will Ohioís Landfills Become a Dumping Ground for Radioactive Fracking Waste?, Ohio Environmental Council, EcoWatch, May 14, 2013.

Radioactivity in Marcellus Shale: Pennsylvania DEP Takes Notice, Marvin Resnikoff, RWMA Newsletter, April 26, 2013.

Shale truck sets off alarm in South Huntingdon, Paul Peirce, Pittsburgh Tribune-Review, April 23, 2013. "A truck loaded with Marcellus shale drill cuttings that triggered a radiation alarm at a hazardous waste landfill in South Huntingdon was ordered back to a Greene County drilling site last weekend."

Oil & Gas Development Radiation Study, Pennsylvania Department of Environmental Protection. Study announced Jan. 24, 2013. On April 3, 2013, DEP released additional details of the study:

DEP Unveils More Details About Marcellus Radiation Study, Marie Cusick, StateImpact Pennsylvania, April 3, 2013.

DEP begins fracking radiation tests, Rachel Morgan, timesonline.com, Beaver, PA, Apr 3, 2013.

Two Firms Partner to Address Fracking Issues, Brad Bowden, Alfred Sun, March 7, 2013.

Ban on Radioactive Fracking Waste Passed by Putnam County, NY Legislators, ecowatch.com,
March 7, 2013.

How radioactive is oil and gas waste? New study, Amy Mallís Blog, Natural Resources Defense Council, Feb. 27, 2013.

Analysis of Reserve Pit Sludge from Unconventional Natural Gas Hydraulic Fracturing and Drilling Operations for the Presence of Technologically Enhanced Naturally Occurring Radioactive Material (TENORM), by Alisa L. Rich and Ernest C. Crosby, NEW SOLUTIONS: A Journal of Environmental and Occupational Health Policy.

Ohio seeks radioactivity testing on drilling wastes, by Spencer Hunt, The Columbus Dispatch, Feb. 13, 2013.

Ohio should be exceedingly careful about allowing landfills to take fracking waste: editorial, Editorial Board, Cleveland Plain Dealer, Feb. 4, 2013.

Fracking wastewater can be highly radioactive, Rachel Morgan, timesonline.com, Beaver, PA, Jan. 24, 2013.

On a Wyoming Ranch, Feds Sacrifice Tomorrow’s Water to Mine Uranium Today, by Abrahm Lustgarten, ProPublica, Dec. 26, 2012, Graphic: Uranium Mining at a Wyoming Ranch, ProPublica, Dec. 26, 2012.

Westchester County Legislators Praised For Unanimously Voting to Ban Radioactive Fracking Waste, riverkeeper.org, Dec. 11, 2012.

Poisoning the Well: How the Feds Let Industry Pollute the Nation’s Underground Water Supply, by Abrahm Lustgarten, ProPublica, Dec. 11, 2012

Where Fracksylvania Dumps Its Waste, by Chip Northrup, Shaleshock Blog, Nov. 21, 2012.

Fractracker map showing where Pennsylvania drilling waste goes in New York, prepared by Karen Edelstein. The map shows that a lot of the waste from Pennsylvania is going to the Hyland landfill in Angelica (blue).


Marcellus Watch: A river of waste, by Peter Mantius, The Corning Leader, Nov. 5, 2012 .

Fracking and a Radioactive Silvery-White Monster: Radium Must be Left in the Earth, by Karl Grossman, Common Dreams, Nov. 9, 2012.

Consideration of Radiation in Hazardous Waste Produced from Horizontal Hydrofracking, Report of E. Ivan White, Staff Scientist for the National Council on Radiation Protection, Oct. 2012.

The Trillion-Gallon Loophole: Lax Rules for Drillers that Inject Pollutants Into the Earth, by Abrahm Lustgarten, ProPublica, Sept. 26, 2012.

Radium 226 in Gas Drilling Waste: This Substance May Harm You, by Iris Marie Bloom, Protecting Our Waters Blog, Sept. 14, 2012.

Drilling opponents irked over decision to accept debris at county landfill, Mary Perham, Steuben Courier Advocate, Sept. 4, 2012.

Radium Content of Oil- and Gas-Field Produced Waters in the Northern Appalachian Basin (USA), U.S. Geological Survey Scientific Investigations Report 2011–5135 By E.L. Rowan, M.A. Engle, C.S. Kirby, and T.F. Kraemer.

Steuben Legislature: Drilling opponents speak out about landfill use (PDF), Mary Perham, Corning Leader, Aug. 28, 2012, page A3.

Radiological Data on Production Brine from NYS Marcellus Wells contained in Appendix 13 of the revised DSGEIS.

More evidence of the risks posed by fracking wastewater in the Marcellus region, Kate Sindig's Blog, NRDC Switchboard, Aug. 23, 2012.

Should We Hide Low-Dose Radiation Exposures From The Public?, Jeff McMahon, Forbes, May 29, 2012

NY's Fracking Wastewater: Out of Sight, Out of Mind, Katherine Nadeau, Water & Natural Resources Program Director, Environmental Advocates, May 11, 2012.

Wastewater Becomes Issue in Debate on Gas Drilling, Mireya Navarro, New York Times, May 3, 2012.

Radium Content of Oil- and Gas-Field Produced Waters in the Northern Appalachian Basin (USA), U.S. Geological Survey Scientific Investigations Report 2011–5135 By E.L. Rowan, M.A. Engle, C.S. Kirby, and T.F. Kraemer.

In the Matter of Chemung County Landfill, DEC permit proceeding. Decision of DEC Commissioner issued August 4, 2011. "Department staff is directed to review whether additional or revised permit conditions, or revisions to the landfill's operating procedures, are necessary with respect to the questions relating to the radiation monitoring/detection system, landfill leachate management, and restrictions on disposal of drill cuttings in the onsite construction and demolition debris landfill, as set forth in this decision." Staff response dated Oct. 11, 2011.

Don't Expand Hyland Landfill to Take More Radioactive Gas Drilling Waste Facebook page.

Website about citizens' concerns with Hyland Landfill expansion in 2006.

Solid Waste Regulatory Requirements

6 NYCRR Part 360: Solid Waste Management Facilities

Subpart 360-1: General Provisions

Subpart 360-2: Landfills

Subpart 360-2: Landfills - Page 1

Subpart 360-2: Landfills - Page 2

Subpart 360-2: Landfills - Page 3

Subpart 360-3:Solid Waste Incinerators Or Refuse-Derived Fuel Processing Facilities Or Solid Waste Pyrolysis Units

Subpart 360-4:Land Application Facilities

Subpart 360-5:Composting Facilities

Subpart 360-6:Liquid Storage

Subpart 360-7:Construction and Demolition Debris Landfills

Subpart 360-8:Long Island Landfills

Subpart 360-9: State Assistance and Loans For Municipal Landfill Closure Projects

Subpart 360-10:Regulated Medical Waste Storage, Transfer, and Disposal

Subpart 360-11:Transfer Stations

Subpart 360-12:Recyclables Handling and Recovery Facilities

Subpart 360-13:Waste Tire Storage Facilities

Subpart 360-14:Used Oil

Subpart 360-15:Comprehensive Solid Waste Management Planning

Subpart 360-16:Construction and Demolition Debris Processing Facilities

Subpart 360-17:Regulated Medical Waste Treatment Facilities






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