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Letter to New Windsor Planning Board - December 9, 2004December 9, 2004 James Petro, Planning Board Chair
Dear Mr. Petro: It has come to my attention that the TPST soil burning plant has requested extended hours that would extend their current shutdown from 10 P.M. to 3 a.m. This is almost a 25% increase in their current operations. We have a number of concerns that we ask you to consider. First of all, this significant change in operations was not the subject of a full hearing to which residents were invited. I gather that only fenceline neighbors were invited to your recent meeting. A full hearing before the planning board with proper public notice is justified by this significant change. Second, because this plant was never subjected to a full SEQR review, as it should have been, there is at a minimum an opportunity at this juncture to demand SEQR on the increase in operations, with the recognition that this review will incorporate the entire operation by necessity. This is a legitimate option under SEQR given that the request constitutes an action or potential significance. We recommend this step. Third, this juncture offers the Town the opportunity to place an onsite monitor at the plant to supervise compliance. You are aware of many complaints over the years regarding noise, odors, smoke, operations with open doors (defeating the negative pressure air pollution system and causing fugitive emissions) and the general concern with health impacts. Whether these issues are re-raised by the public at any juncture or not, it is your fiduciary responsibility to act for the public in this matter. You can order this monitor under your special use permit arrangement or make consideration of the extended hours contingent upon the monitor agreement. A monitor could work for the Town or the DEC. They would be paid by the soil burner but work for the independent agency. This is the best chance to assure compliance given the inability of the DEC generally, and particularly at this budget cutting juncture, to enforce environmental laws. It is our recollection that the Town has promised this step in the past. Finally, it is our understanding that TPST has excess materials on site beyond what it can process. This stockpiling is a concern. You should consider asking TPST to not accept new materials until it has erased its stockpile. This step is an alternative to extending hours. You also have the code authority to bring action is stockpiles exceed that permitted under your current agreement with TPST. Orange Environment, Inc. is available to discuss these matters further with you. Please contact us if you have any questions. Sincerely, Michael R. Edelstein, Ph.,D.
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