| Case Name: |
CWM Chemical Services, LLC (RMU-2 Landfill) |
| Program ID Number(s): |
View |
|
Region: |
Region 9 |
| Case Type: |
Permit - UPA
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DEC Office: |
Region 9 |
| DEC Program Type(s): |
View |
Statutes/Regulations: |
View |
| SEQR Class: |
Type I |
SEQR Info: |
View |
| Location Address: |
View |
Status: |
Active |
| City/Town & County: |
LEWISTON, TOWN OF (NIAGARA COUNTY) (NIAGARA)
PORTER, TOWN OF (NIAGARA COUNTY) (NIAGARA)
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Decision Document:
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| ALJ Assigned: |
Oconnell |
|
Referral Date: |
5/8/2014 |
Overview:
Hazardous waste management facility proceeding.
Application for permits and siting board
certificate to construct and operate a new
hazardous waste landfill designated as Residuals
Management Unit - Two (RMU-2) at the company’s
facility located in the Towns of Porter and
Lewiston, Niagara County. Ruling on issues and party status issued 12/22/15. Interim decision of Siting Board issued 8/11/16. Siting Board ruling and second interim decision issued 5/25/17. Supplemental ALJ Rulings on Proposed Issues for Adjudication issued 2/14/19. Third Interim Decision of the Facility Siting Board issued 9/10/19. Fourth Interim Decision of the Facility Siting Board issued 4/28/21. Ruling on Motion for Reconsideration of the Facility Siting Board issued June 3, 2021. First Interim Decision of the Deputy Commissioner issued June 23, 2021. Third Order regarding Supplementary Discovery Issued by ALJ O'Connell August 5, 2021. Ruling on Request for Clarification - Motion for Reconsideration issued August 11, 2021. Ruling Granting Department Staff's Motion for Protective Order issued August 18, 2021. Fourth Order regarding Supplementary Discovery Ruling issued 9-15-2021. Ruling on Fifth Order regarding Supplemental Discovery issued October 18, 2021. Ruling granting CWM's Motion for Protective Order issued 11-10-21. 7th Order regarding Supplemental Discovery issued 12-10-21. On 8th Order regarding Supplemental Discovery issued 1-26-2022. Ninth Order re Supplemental Discovery issued 3-1-2022. Supplemental Discovery Ruling on Protective Order and Interrogatories issued March 8, 2022. Ruling on 10th Order regarding Supplemental Discovery issued March 18, 2022. Notice of Virtual Adjudicatory Hearing scheduled for April 11, 2022. Eleventh Order regarding Supplementary Discovery issued May 13, 2022. Twelfth Order after Pre-hearing Conference issued June 24, 2022. Notice of Adjudicatory Hearing scheduled for July 6-8, 2022 at 10am. Thirteenth Order after Pre-hearing Conference issued July 12, 2022. Municipalities Motion to Admit Documents issued July 22, 2022. ENB Notice of Virtual Hearing for August 30, 2022 at 10 am posted 8-17-2022. Fifth Interim Decision of the Facility Siting Board issued August 29, 2022. Adjudicatory Virtual Hearing scheduled for September 14, 2022 at 10 am. Ruling on CWM’s Motion to Strike the Pre-filed Direct Testimony of Kenneth Acks issued September 28, 2022. Ruling - 14th Order after Pre-hearing conference issued 10-28-22. Ruling - Ruling of the Facility Siting Board issued December 2, 2022. Fifteenth Order after Pre-hearing Conference issued December 5, 2022. Adjudicatory Hearing Notice scheduled for December 19, 2022 at 10am. Deputy Commissioner Ruling issued Jan. 30, 2023. Ruling Denying CWM's Request for Leave to Present Rebuttal Testimony issued February 24, 2023. Sixteenth Order after Pre-hearing Conference issued April 4, 2023. Supplemental Discovery Ruling Granting Intervenors' Request for Site Access issued May 12, 2023. Notice of Adjudicatory Hearing published to ENB June 14, 2023. Virtual Hearing scheduled for June 27-30, 2023 at 1 pm. Seventeenth Order after Pre-hearing Conference issued July 13, 2023. Supplemental Discovery Ruling on Staff's Motion for Protective Order issued August 17, 2023. Notice of hearing issued in the August 23, 2023 ENB. Adjudicatory hearing regarding transportation scheduled September 6, 2023 at 9am continuing through September 8, 2023 as needed. Scheduling Order regarding Meteorological Data, and Distribution of Consolidated Transcripts
from October 2023 and December 5, 2023; Draft Table of Contents for Closing Brief issued on January 11, 2024. Ruling Denying Municipalities' Request to File Rebuttal Testimony (Radiological Surveys and SEMMP) issued January 19, 2024. Memorandum regarding Further Adjudicatory Proceedings issued February 12, 2024. Ruling denying Ms. Witryol's Request for Discovery (Meteorological Data) issued February 29, 2024.
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