Turi Landfill 20000321
Orange Environment, Inc.
P.O. Box 25
Goshen, N.Y. 10924
March 21, 2000
New York State Department of Environmental Conservation
New Paltz, New York
Pursuant to the Freedom of Information Law, I request all documents connected to the application of Superior/Hudson Valley Landfill for an operation and expansion permit for the current Al Turi Landfill, Inc., as received on or about March 3, 2000. As you know, OEI was a full party to the administrative hearings over the Al Turi site and we intend to remain a party with regard to the site under new ownership. Please add us to all mailing lists and notify us of all events pertaining to this application. We will initially receive this information by e-mail, if convenient, but request hard copy as well. Our likely need to above expert review of the application demands that drawings and maps be intact, something that the electronic version may hamper. We also want to see the redlined copy so that we can deduce the reliance on the prior Turi application.
I want to also address a potential ambiguity in the DEC’s handling of this matter. This application should be treated as a completely new application in all ways. However, already the department has allowed submission of a lightly warmed over version of the Turi application. Furthermore, in our conversation, I learned that you had contemplated not needing a scoping hearing for this application. I want to warn you that, if you fail to make a clear separation between this application and the prior Turi application, you create great confusion. First, we would already be a party of interest in that case. Secondly, we would take this linkage between applications as a clear signal that the new application is not truly independent. We already suspect this from the reliance on the prior submission in the new application.
This application must otherwise be treated as totally de novo. No consideration should be given to the applicant for work done on the prior application. And it should be clear that the public and department both have the right to raise issues not previously raised or to reargue issues without prejudice from the prior application. Any favor given or bias indicated from the old application will link the applications.
The matter of SEQRA must legally be started from scratch. Goshen may now choose to be lead agency or at least be actively involved. The public has already shown extreme concern. Other interveners may emerge. The scoping used by Turi is woefully out of date. A new opportunity for public input to the scope of the DEIS must be invited. New issues for adjudication may well arise. The Department must be ready to give this application a hard look, not a familiar glance.
Thank you for your cooperation and assistance.
Michael R. Edelstein, Ph.D.