Opposition surfaces to Maziarz bill

by Terry Duffy
Lewiston Porter Sentinel, February 24, 2007

Following last week’s introduction by Sen. George Maziarz, 62nd District, Newfane, of S.2726, intended to amend the Hazardous Waste Management Act of 1987, which the senator argued has not addressed the longstanding concerns of Lewiston-Porter whatsoever, local opposition has now surfaced. Concerns are being voiced that the measure, which is expected to be formally introduced at Tuesday’s session in Albany, brings with it more harm than good for the citizens of Niagara County, particularly Lewiston and Porter.

Amy Witryol of the Niagara-Health Science Report Inc., who led the charge in opposition this past week, said that when the bill is actually examined in detail, it doesn’t help Niagara County interests but rather does the opposite. “The bill promotes New York as a hazardous waste treatment, incineration and storage center for the world, while ensuring New York sites a massive new toxic waste landfill in Niagara County,” said Witryol.

“We already have a lot of support from various state environmental groups,” Maziarz countered.

Witryol, long an outspoken opponent of CWM Chemical Services in Porter, which is in the process of working through various measures enabling to company to continue its operations in Porter, adamantly argued that S.2726, “would help site more hazardous waste treatment, storage and disposal facilities throughout New York state.”

“It’s not a ban; it’s a boon for the waste industry,” she said.

Faults

In her opposition memo, she argues S.2726:

•Requires the state to project national and international toxic waste needs for 20 years in the siting of hazardous waste disposal treatment and storage facilities in New York.

•Requires New York to scope out and “list” suitable areas in the state for the hazardous waste industry, for all types of facilities.

•Is “comprehensive” only in that it weakens or altogether dismantles the strongest protections in the hazardous waste siting law for the entire state.

“Perhaps most troubling to Niagara County is that the definitions of hazardous waste treatment, storage and disposal facilities are combined into one definition: ‘management’ facilities,” Witryol said. “So our distinction as the only toxic landfill, and a massive one at that, would be more geographically balanced with a small storage area in Plattsburgh or Long Island. The sole toxic landfill in the state, this definition debilitates the strongest argument Lewiston and Porter residents had in 2004 against the DEC’s draft siting plan, and our strongest protection.”

Witryol, who called on Maziarz to withdraw the measure, and in turn lend his support to the Hazardous Waste Great Lakes bill (A.248) in the Assembly, sponsored by Assemblywoman Francine DelMonte, argued that “phased out” toxic land filling is ambiguous at best.

“This bill increases risk to the entire state,” said Witryol. “S.2726 is lengthy and dangerous; modification would be futile.”

Other Feedback

Tim Henderson of Residents Organized for Lewiston’s Environment, said that S.2726 changes the criteria, changes the standards, and weakens the application process, thus opening the door to more hazardous waste, not less. “It tilts the scoring system in favor of the waste industry,” said Henderson.

Vince Agnello of Residents for Responsible Government, said that following an initial review, “RRG is on record that the Great Lakes Water Quality Bill which the senator supported last year, remains the preferred bill” at this time.

Agnello did say that RRG is on board with the Maziarz language in S.2726 with respect to ecosystem-based management criteria, and that it would like to “work with Maziarz on furthering this.” He added RRG expects to issue a further analysis of S.2726 following a detailed review of the bill.

Welcomes Input

When reached yesterday as to the negative feedback, albeit limited, to his measure, Maziarz said that prior to his introducing the bill, he consulted with such groups as Environmental Advocates, the Audubon Society and Citizens Campaign for the Environment, who have all come out in support of the measure. “We have their support,” said Maziarz. He added that as typically the case, in coming months various points of the legislation will be re-examined, refined and adjusted to reflect input from statewide interests as it moves through both houses in Albany. At this point the bill has yet to have co-sponsorship in the Assembly.

Brian Smith of Citizens Campaign on the Environment commented that, “Developing a plan to phase out toxic landfills in New York State is critical and necessary, and should be advanced on a parallel track with stopping the CWM proposal. The proposed legislation is a step toward ending toxic landfills in the state, but it is not perfect, and must evolve with input from the community. CCE urges everyone to work together constructively to achieve these important goals.”

Maziarz Albany staffer Sue Senecah, who worked in the crafting of S.2627, likewise welcomed the input. “We welcome goodwill conversation to improve the bill,” said Senecah. “The goal is no landfills in the state. There’s no place for landfills in the state, anywhere,” said Senecah.