Taylor Biomass Energy
TBE is a privately-held, limited liability company, incorporated in the State of New York in February 2005.
The most recent in a line of family-owned businesses that extends three generations, TBE has it roots in a tree-removal company started in 1956 by Mr. James Taylor Sr. In 1976, Mr. James Taylor Jr. purchased “Taylor Tree” from his father and grew the company into one of the nation’s leading recyclers of construction and demolition debris. Now known as Taylor Recycling Facility, LLC (TRF) and located approximately 70 miles north of New York City, the state-of-the-art plant is home to one of the most unique construction and demolition recycling operations in the world. At TRF, 97% of received waste is converted into valuable end-products, and kept out of landfills as waste.
Taylor has been widely recognized as a pioneer in developing innovative recycling solutions and for maintaining very high operating standards for safety and environmental integrity. Fourteen years ago, Taylor Recycling Facility, LLC became one of NY State’s first DEC- approved C&D recycling facility.
Over the last two decades, TRF has developed and refined its proprietary “Taylor Sorting and Separating Process” technology, taking recycling to its best and highest use. Developing new technology to convert biomass into energy for commercial use is the next step in a long tradition of environmental stewardship and innovation. Taylor Biomass Energy was established to accomplish this goal.
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Town of Montgomery Planning Board and Town of Montgomery Town Board Lead Agency Dispute
New York State Department of Environmental Conservation Commissioner's Determination of Lead Agency Under Article 8 of the Environmental Conservation Law
PROJECT: Proposed Taylor Biomass Gasification-to-Energy project, Town of Montgomery, Orange County
DISPUTING AGENCIES: Town of Montgomery Town Board and Town of Montgomery Planning Board
I have been asked to designate a lead agency to conduct the environmental review of the proposed Taylor Biomass Gasification-to-Energy project, in the Town of Montgomery, Orange County, under the New York State Environmental Quality Review Act (SEQR) [Article 8 of the New York State (NYS) Environmental Conservation Law (ECL); see also, Part 617 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR Part 617)]. This designation of the Town Board of the Town of Montgomery (Town Board) as lead agency for that review is based on my finding that the greater breadth of governmental powers inherent in the Town's zoning process will enable a more thorough evaluation of the proposal.
ACTION AND SITE
Taylor Holdings Group (Taylor) currently operates a construction and demolition debris (C&D) processing facility in the Town of Montgomery, with a capacity of approximately 600 tons per day (tpd). Taylor proposes to expand its operating capacity to 950 tpd of mixed C&D plus municipal solid waste (MSW); construct and operate a gasifier to convert all combustible materials to gas; and construct and operate a 15 megawatt (MW) combined cycle electrical generation unit fueled by the biomass gas plus waste heat from the gasification process. In addition to construction of the gasifier and electric generating units, the overall expansion would require construction of a new, larger waste processing building as well as rerouting of the facility's internal traffic flows, including creation of separate truck and employee entrances plus a new emergency access.
The applicant describes the existing facility as having been in operation since the 1980's. Operations originally included composting as well as C&D sorting and disposal, but only C&D has been handled for the last several years. While the proposal specifies that all materials handling will be within structures, existing operations include some open-air processing as well as activities within buildings.
Taylor owns approximately 95 acres, acquired as 4 separate parcels but treated as a single holding for the purposes of the proposed expansion. The existing facility is located on one, 20 acre +/- parcel, with the remainder in undeveloped forest and shrubby fields. Structures related to the proposed development would occupy about a third of the 95 acre total, with parking lots and paved equipment storage areas likely to occupy a similar area. Undeveloped areas would be left natural or planted, to help buffer operations from roadways and neighboring properties. One property line is about 650 feet from the Village of Maybrook, which contains relatively dense residential and commercial development. Other commercial and industrial uses plus unimproved lands (including some abandoned agricultural lands) are located near the remainder of the Taylor property. The Taylor holding is less than one mile from Exit 5 of I-84.
REGULATORY SETTING
The disputing agencies are the Town Board and the Planning Board of the Town of Montgomery (Planning Board). The New York State Department of Environmental Conservation (DEC) will have to issue multiple permits, but does not seek lead agency status. No other involved agencies have responded to this announced dispute for lead agency.
About three-fourths of the Taylor parcel is currently included within an "Interchange Development" (ID) zoning district, but about 13 acres are zoned for residential/agricultural (RA) uses. Taylor has asked the Town Board to rezone the RA portion of the holding to the same ID-zoning classification as exists for the remainder of the property. The change, if adopted by the Town Board, would ostensibly allow for the industrial type use of the property as proposed-a substantial change in allowable uses from residential and agricultural uses. Further, Taylor has requested that the Town Board modify multiple portions of the existing zoning ordinance so that the proposed sizes and areal coverage of the various proposed structures would all fall within the bulk and dimensional specifications of that ordinance.
Taylor's current operation is covered by a "Special Exception Use" permit issued by the Planning Board. The Planning Board would need to issue a new or significantly-modified Special Exception Use permit as well as Site Plan review and approval to allow the proposed development to proceed. In addition, the Planning Board must issue an advisory opinion to the Town Board as to the proposed zoning amendments.
Taylor currently holds a DEC Solid Waste Management (SW) permit. The proposed operation would require DEC to issue a new or substantially modified SW permit as well as an air emissions permit, NYS Pollution Discharge Elimination System (SPDES) discharge and stormwater permits (construction as well as industrial operation); and, depending on design, a Water Quality Certification (WQC) under the federal Clean Water Act. In addition, the project may require a petroleum or chemical bulk storage registration.
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