Feedback prompts CWM to pull application

by Terry Duffy
Lewiston Porter Sentinel, June 17, 2006

It’s been one of those weeks for CWM Chemical Services in Porter.

Coming off the recent push at the state level, in the form of legislation announced in Albany by state Assemblywoman Francine DelMonte, D-138th District, Lewiston (A11713), and state Sen. George Maziarz, R-62nd District, Newfane (S8107), which focuses on the 1978 Great Lakes Agreement regarding the discharge of toxic substances into the Great Lakes with new tougher provisions, news comes of growing concern on the local environmental front and unfavorable feedback by the U.S. Army Corps of Engineers.

Following closure of a public comment period on May 25 of CWM’s Section 404 permit application to the Corps for the placement of fill in federally-regulated wetlands on CWM’s Balmer Road property, the company opted to voluntarily withdraw its application following news of overwhelmingly negative feedback received by the Corps. “Many letters were received in response to the public notice,” the Corps anounced on June 13. “The Corps evaluation of the Section 404 permit application had not begun, therefore a final decision was not made. As a result of the permit application being withdrawn, the Corps will no longer consider holding a public meeting.”

RMU-2 Proposal

The Corps application had been filed earlier by CWM in concert with previously announced expansion plans involving remediation of lands in anticipation for creation of a new 50-acre Residuals Management Unit-2 landfill in the central-southwest portion of its 730-acre property. Dick Sturges, district manager of CWM, in announcing the Army Corps action to the Porter Town Board on Monday said, “It appears that the Corps has put a hold on any action until such time that the DEC completes a draft water quality certification, which would be part of the RMU-2 application process.”

“It’s typical that the DEC would do a water quality certification,” Sturges continued, adding that “the Corps would then view that and the Corps would then take the next action on their part.

When informed of the Corps action, both Amy Witryol of the Niagara Health Science Project as well as representatives of Residents for Responsible Government, who have been active in spearheading initiatives in past months to further support of the Great Lakes Agreement with local governments, Niagara County and now Maziarz and DelMonte, were upbeat.

“It comes as no surprise, given a number of inaccuracies in the application itself,” said Witryol. “Moreover, I’m disappointed that Dick Sturges told the Porter Board that the Army Corps had agreed to put the application on hold. This statement is false. CWM withdrew the application,” Witryol said.

Bill Rolland of RRG stated, “The community has a partial victory due to the U.S. Army Corps of engineers and CWM’s decision to withdraw the request to excavate wetlands on their hazardous waste landfill site.” He added that strong public interest and input by area residents helped reach that decision.

Public Scoping Meetings Announced

On a related note, the state DEC announced last week that regarding CWM’s proposed RMU-2 landfill application, it would be holding Public Scoping meetings on Wednesday, July 26, in the Lewiston-Porter High School auditorium. Times for the sessions are at 2 and 6:30 p.m. Meetings are open to the public and area residents are encouraged to attend.

“Its purpose is to receive comments on the impact of RMU-2,” said Sturges.

In its announcement DEC said that it had “determined that the project (site remediation and RMU-2 expansion covering 50 acres) will have a significant impact on the environment and has issued a SEQR Positive Declaration.” It is now requiring CWM to prepare a Draft Environmental Impact Statement.

DEC stated that CWM in its proposal for RMU-2 would be eyeing disposal capacity for 3,976,100 cubic yards of hazardous material and industrial non-hazardous waste. “The proposed landfill expansion project would include construction of primary and secondary liners, and independent primary and secondary leachate collection and pumping systems. A primary berm would surround the proposed landfill to control storm water run-on and fun-off, and a final cover system would be constructed over the waste.”

DEC reported that the Draft Scoping Document is available for public review at the Town of Porter Hall, 3265 Creek Road, Lewiston Town Hall, 1375 Ridge Road, and at area libraries, including the Lewiston Public Library, the Youngstown and Ransomville Free Libraries and the Earl W. Bridges Public Library in Niagara Falls. The document is also available on a Web site established by CWM: www.cwmlandfill.com.

RRG Rally

On a related note both Rolland and Vince Agnello, RRG president, announced that RRG would be holding a rally on Monday at the Youngstown Red Brick Village Hall at 7 p.m. to build local support for the aforementioned DelMonte-Maziarz legislation that’s pending in Albany. The state legislative session concludes on Thursday, June 22, and RRG is now encouraging the further support and input of residents on the measures.

“We need residents to rally behind our county and state legislators and show support of the pending state legislation to protect the Great Lakes waters,” said Vince Agnello, RRG president. He adds that state, federal and Canadian representatives have been invited.

Despite concerns to the contrary echoed locally, the DelMonte-Maziarz proposals would not impact operations on the nearby Modern Disposal, according to Witryol, as different language is contained in the bills, which specifically target toxic wastewater discharges. “The legislation pending has nothing to do with non-hazardous waste landfills, such as Modern,” said Witryol.

“It’s critical that the public get involved as time is short,” added resident Bill Choboy of Youngstown, who is also active with the Lake Ontario Ordnance Works Restoration Advisory Board. “When we met in Albany with the key state legislators, they seemed very supportive,” he said, adding that now a final push by local residents is needed.

For further information on the rally, call Rolland at 745-3462 or visit the RRG Web site at 745-3462.