<!--Mark Scheer--><table width="234" border="0" cellspacing="0" cellpadding="0" background="http://static.cnhi.zope.net/flashpromo/niagaragazette/images/byline_234x60.jpg" height="60"><tr><td><div align="center"><font size="3" face="Arial, Helvetica, sans-serif">By Mark Scheer</font><font face="Arial, Helvetica, sans-serif"><br /></font><font size="1" face="Arial, Helvetica, sans-serif"><a href="mailto:mark.scheer@niagara-gazette.com">mark.scheer@niagara-gazette.com</a></font></div></td></tr></table>
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.
