RRG honors Maziarz, DelMonte; gets update on DEC Siting Plan

Photo and story by Terry Duffy
Lewiston Porter Sentinel, March 25, 2006

State Sen. George Maziarz and Assemblywoman Francine DelMonte, shown with Residents for Responsible Government President Vince Agnello, were honored by RRG for their efforts in getting an equitable Siting Plan passed in Albany. However, concerns remain, as DEC has yet to finalize the document.

Residents for Responsible Government honored the efforts of the area’s two state representatives last Saturday in working towards a new Department of Environmental Conservation draft Siting Plan – still not finalized – which seeks to establish once and for all, a new, equitable location in New York for placement of hazardous waste operations and remove the town of Porter from having to continue as the lone designated community.

A nearly two-decades long endeavor pursued by various Niagara County interests unhappy with CWM Chemical Services, which operates a 730-acre hazardous waste landfill in the town of Porter, the Siting Plan directive to DEC dates first from late 1980s-era legislation and then a 1994 state Supreme Court order which called on the state agency to act with “utmost of speed.”

Those directives went basically unanswered by DEC until 2001, when again following significant community pressure, efforts intensified on the state level, this time by State Sen. George Maziarz R-62nd District, Newfane, and Assemblywoman Francine DelMonte D-138th District Lewiston, for DEC to act on the court order and develop an equitable Siting Plan location.

But DEC continued slowly towards that goal, and while it produced a draft document in 2004, it was met with significant local opposition. Following still more prodding at various levels, a re-crafted measure calling for DEC to establish a new equitable location moved through the state legislature, and following pressure last year by Maziarz, was signed into law by Gov. Pataki last June.

Still Not Final

However DEC has still yet to act on finalizing the plan. Both DelMonte and Maziarz told those gathered at the Youngstown Red Brick Hall for RRG’s legislative roundtable they are uncertain if in fact DEC will actually finalize the Siting Plan document before changes in state administration take place from this fall’s elections. What heightens concerns is the fact that CWM, which is currently operating out on Balmer Road on a DEC permit first issued in 1994 and renewed in five-year increments since, is again beginning the process with DEC towards issuance of a new long-term operating permit in Porter, and utilizing the existing Siting Plan framework.

“I’d be very surprised if this was acted upon in the next six months,” said DelMonte, who told those gathered she wasn’t satisfied, adding she felt the state has not acted properly on the entire hazardous waste storage situation in northern Niagara County since 1986, if not earlier.

Accusing CWM of now bringing in waste far from beyond New York state’s borders, DelMonte told the crowd, “We need to put the pressure on DEC.”

Hudson PCBs Thwarted

Mazairz agreed. Recalling past wins, including the successful effort to stop the threatened transport of Hudson River PCBs to Porter, Maziarz said, “It (stopping Hudson River PCBs) was a huge victory due to the efforts of this community.”

But Maziarz also expressed concerns the Siting Plan is not on DEC’s front burner. “We do have to keep an eye on DEC. We have to get this Siting Plan established.”

“The new statute requires, among other things, that NYSDEC take into account the equity of selecting any preferred site,” Maziarz continued. “Remember that DEC attempted to do this in 2004, but withdrew the draft study once it heard how we felt about it.”

Telling the audience the DEC must formally adopt a Siting Plan for CWM’s application to move forward, both Maziarz and DelMonte said the holdup now appears to be due to uncertainty over who the next governor will be and how DEC will be directed. The governor’s office oversees the agency, appoints its officials and generally sets the directives on how it operates.

New Fear

“The danger is that DEC will simply finalize the flawed draft plan that they issued in 2004,” Maziarz said, “and the communities will have no recourse but to file a lawsuit like they originally did in the late 1980s.

“However I am hopeful that this is not the way this situation will unfold.” Mazairz said. He told attendees that DEC Deputy Commissioner Carl Johnson indicated that DEC has no dates or schedule to finalize a Siting Plan

Maziarz said of greater concern right now is that DEC is in the midst of settling a CWM suit filed in response to state disposal fees imposed on waste traveling from in-state generators to CWM. Previously the waste fee had only been applied on waste traveling into the state. Now the fee affects all waste. “To date, CWM has withheld $45 million in fees,” Maziarz pointed out.

But nonetheless, “We do have to get this Siting Plan established. There will be no surprises. We’ll keep a close eye on this,” said Maziarz to cheers from those gathered.

“It’s just not right,” DelMonte charged of DEC’s continued indifference. “No one community should be burdened by this.”

‘Keep Up the Pressure’

From that point the session moved to a Q&A forum where questions were raised not only of DEC and CWM but the entire LOOW site, where significant concerns from radiation to PCBs continue to haunt the area. Throughout the session, attendees were told that they had to keep the heat on. “There are plenty of opportunities for communities to influence this (the Siting Plan) commented Dr. Sue Seneca, who works for Maziarz’ office on environmental concerns.

RRG President Vince Agnello agreed. “We have become a major player across Western New York and across the state,” he said of RRG’s efforts and those of northern county residents. “They (DEC) now recognize they cannot just walk all over everybody and rule on this as they want to.

“They are afraid of us. We need to keep up the pressure.”