RRG information session on DEC Siting Plan Tuesday

Session panelist Amy Witryol details Siting Plan concerns

by Terry Duffy
Lewiston Porter Sentinel, November 7, 2009

Residents for Responsible Government reminds the northern Niagara community it will be holding an information session, detailing the recently issued state Department of Environmental Conservation Draft Hazardous Waste Siting Plan and Draft Generic Environmental Impact Statement. The session will be held Tuesday, Nov. 10, at 7 p.m. in the Red Brick School village center, 240 Lockport St., in Youngstown.

RRG reports the format of this meeting will be similar to those seen at DEC Siting Plan hearings. Attendees will write questions on comment cards and submit them to the panel. Expected panel members include April Fideli, president of RRG; Dr. R. Nils Olsen, attorney, professor of law and former dean of the University at Buffalo School of Law; and Amy Witryol of the Niagara Health Science Report.

“We want our community to be informed about how hosting a hazardous waste site affects our economy, environment, and health and safety. We all need to be prepared for the upcoming Siting Plan hearings,” Fideli said.

DEC has scheduled a series of 10 public hearings across the state to discuss and receive public commentary on the both the Siting Plan and GEIS draft proposals. Local meetings are scheduled for Wednesday, Nov. 18, at the Niagara Falls Public Library and Thursday, Nov. 19, at the Lewiston-Porter High School auditorium. Both meetings begin at 6 p.m. The plan documents and complete hearing schedule can be found at: www.dec.ny.gov/chemical/9054.html

As noted, these two hearings will focus on the Siting Plan and GEIS documents under consideration by DEC and the state. These documents, years long in development and revised by DEC following earlier public commentaries and feedback, once complete and finalized into law, are expected to have significant impact on the future of CWM Chemical Services LLC in Porter. CWM has been proceeding with applications with DEC for landfill expansion and long-term future operations.

Witryol, who also serves on the Town of Lewiston Citizens Advisory Committee on issues pertaining to CWM Chemical Services, said that as presented, the Siting Plan does concur with Lewiston and Niagara County interests regarding capacity, in that it sees no need for an in-state hazardous waste landfill to handle general business or brownfield program cleanups. Where DEC’s Siting Plan and local interests differ is in respect to equitable distribution of existing hazardous waste facilities.

“This draft concluded that ‘there is an equitable geographic distribution of facilities across the state,’ ” said Witryol. “The CAC, the Town of Lewiston and Niagara County all disagree with that conclusion, not just because it seems to be unfair, but because DEC’s analysis seems to be at odds with the law.”

Witryol offered the following contained in the New York state Environmental Conservation Law, Sect. 27-1102:

 “[2.] The plan shall include but not be limited to . . . [f.] a determination of the number, size, type and location by area of the state of new or expanded industrial hazardous waste treatment, storage and disposal facilities which will be needed for the proper long-term management of hazardous waste consistent with the assurances required pursuant to subdivision one of this section and an equitable geographic distribution of facilities.”

Witryol went on to explain her concerns. “The … law requires that the type of hazardous waste facility, and the size of that facility, be considered when evaluating the burden on any area of the state. The law also requires identification of facilities needed for long-term management of hazardous waste.

“Long-term management includes closed landfills, which still generate leachate, still need repairs, and still operate under post-closure permits. However, the plan omitted these facilities. Instead of counting at least nine commercial hazardous waste landfills in Niagara County, this draft of the plan reported only one. There are at least three closed landfills in Niagara Falls at the former CECOS facility, and five closed landfills, plus another one in use at CWM.”

Witryol continued, “By ignoring the requirement to include facilities used for long-term management of hazardous waste, namely closed landfills, the state omitted 10 million tons of hazardous waste in Niagara County from consideration for equitable distribution in the plan. There are approximately 2 million tons in Niagara Falls, and 8 million tons at CWM, but there are no other commercial hazardous waste landfills in the state.

“If Gov. (David) Paterson believes this is legal and fair when the final plan is issued next year, the Town (of Lewiston) will no doubt be disturbed. However, the town and county would appear to have a very strong case should it decide to challenge this equitable distribution finding.

“If this plan is revised, and its adopted version concludes facilities are not equitably distributed because of our landfills, approval of CWM’s application would essentially become unlawful, as would future applications in this region of the state.”

The Niagara Watershed Alliance this week announced its support for the RRG initiative, and urges all concerned citizens in northern Niagara County to attend this important meeting. “RRG seeks to hear the public’s opinion, concerns and comments with regard to living in a community that hosts a hazardous waste site and how that hazardous site is and has impacted their property values, commerce and tourism, the cost of health care, the impact on our environment, i.e., the Niagara Watershed and Great Lakes and the health and safety of the people living within the host community,” said the Niagara Watershed Alliance in a statement.

Both groups stress that community input and questions are welcome and encouraged. The RRG information session is free and open to the public.

Contact rrgwny@gmail.com or visit www.rrgwny.com for more information.

For more on the Niagara Watershed Alliance, visit its Web site at www.had-e-nuff.com.