The New York State Department of Environmental Conservation has granted final approval to a permit modification that would allow CWM Chemical Services to install a controversial new cap on its Town of Porter landfill.
Maureen Wren, a spokesperson for the DEC, said her agency formally approved CWM’s request for a permit change on Thursday, clearing the way for the company to install a new cap on the RMU-1, a portion of the landfill where hazardous waste is still accepted.
CWM is looking to replace 2 feet of compacted clay layer with a new geosynthetic clay liner that the company says will provide greater resistance to weather conditions.
In issuing its negative declaration on the project’s environmental impact, the DEC found the new cap would reduce the overall thickness of the landfill cover, thus allowing for an estimated capacity increase of 3 percent. The DEC also determined the move would result in up to one year of additional landfill operation for the company.
Wren said the agency agreed to support the modification despite objections from many residents who spoke out during public hearings on the issue because the agency determined the alliterative design offers better protection for the site long term.
“This is not a change in the footprint or the height and it is using a more environmentally protective layer that, over time, will be superior to protecting the integrity of the cap,” Wren said.
CWM spokesperson Lori Caso welcomed the DEC’s decision.
“The DEC approved the modification because it is a technically superior cover design and it’s the environmentally responsible thing to do,” Caso said.
Critics argue that allowing the thinner cap to be installed is a violation of existing state law covering the expansion of capacity at hazardous waste landfills in New York.
The citizens’ group, Residents for Responsible Government, maintains the new cap will allow roughly 160,000 tons of additional waste to flow through Niagara County.
“The permit is not about a cap redesign,” said Lewiston resident and frequent CWM critic Amy Witryol. “Its about making money for CWM.”
Witryol described the DEC’s decision to approve the permit change as “irrelevant” and a “non-event” because the matter is still in litigation.
“It’s an official act, but as a practical matter, it doesn’t mean much,” Witryol said.
Niagara County and RRG filed suit against the DEC in an attempt to reverse the agency’s decision to grant tentative approval for the permit modification several months ago. Both groups argue that the agency lacks the legal capacity to approve such an expansion because state law prohibits increases in hazardous waste capacity absent the formal adoption of a statewide siting plan for such facilities. The state’s siting plan remains under review.
The DEC has argued that CWM’s request does not fall under the state’s siting laws because it does not allow for an increase in the landfill’s “currently permitted overall area or height” and will not “increase the rate” at which the site can accept waste.
A judge in State Supreme Court in Albany County sided with the DEC and CWM and the matter is now heading to an appeals court.
“It’s still in litigation,” Witryol said. “There is no final ruling.”
Caso declined comment on the ongoing litigation.
Local News
CWM: DEC greenlights landfill cap
Agency approves controversial permit change
- Local News
-
-
Child run over be car on Niagara Avenue
Falls Traffic Division investigators said an 11-year-old boy was struck after he darted into the street, in front of a car as it pulled away from a stop sign.
-
Militello paid $50K to leave Niagara-Wheatfield
Former Niagara-Wheatfield Superintendent Carl Militello is receiving a $50,000 from the district, according to a separation settlement agreed to on Feb. 1.
-
Autopsy unable to determine cause or time of Judith Burr’s death
An autopsy by an Erie County Medical Examiner has failed to determine either the time of death or the cause of death of Judith Burr.
-
Gerber resigns from SPCA board; calls for adding veterinarian to staff
A Town of Niagara veterinarian and long-time member of the SPCA of Niagara Board of Directors has stepped down.
Dr. William Gerber submitted his resignation on Tuesday. It was effective immediately. -
Has NYPA relicensing agreement led to a revival?
A state senator is calling for an audit of the low-cost power and cash used in the last seven years by Niagara County entities that have shared in the benefits of the 50-year relicensing agreement with the New York Power Authority.
-
Joseph Davis State Park gets some green
Officials in the Town of Lewiston received approval Thursday to spend a significant portion of the community’s incoming greenway funds on the redevelopment of Joseph Davis State Park.
-
Search continues for Falls jumper
State Park Police were still searching Thursday for a Falls man who jumped from the rapids bridge at Goat Island on Wednesday morning.
-
NU gets helping hand for campus projects
A new county entity formed to help organizations secure bond financing agreed on Wednesday to assist Niagara University in the development of its new science center, a proposed refurbishment at Meade Hall and other campus improvements totaling $48 million.
-
One Niagara tax break denied
It’s a no-go for a proposed tax break at One Niagara.
At least for now. -
County IDA adds local hiring clause
From now on, applicants seeking assistance through the Niagara County Industrial Development Agency will be expected to demonstrate their “best efforts” in hiring local workers for subsidized projects.
- More Local News Headlines
-
Obama Gives Education Waivers to 10 States
Giffords Aide to Run for Her Seat
LA School in Sex Abuse Scandal Reopens
Winter Slamming North Asia, Parts of Europe
Syrian Forces Renew Bombardment of Homs
States, Banks Reach Foreclosure-abuse Settlement
Raw Video: Italy's Mount Etna Bursts Into Life
Greeks March; Angry Despite Debt Deal
Raw Video: U.S. Pullout Celebration
Raw Video: Annual Empire State Building Run-Up
Man Killed in Courthouse Shootout
Air Force Airlines: Leaders Get Polished Service
Ga Girl Fights Off Kidnapper at Walmart
Nevada Highway Patrol, City Settle Beating Case
Homs Bombardment Continues, Global Outcry Grows
Raw Video: Dog Rescued From Icy Colo. Water
Skip the Coffee Cup and Inhale Your Caffeine Fix
