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ACAL News
Recent Documents...
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| 06/21/10 | NYSDEC New Solid Waste Plan Draft | Entitled Beyond Solid Waste - A Sustainable Materials Management Strategy for New York, the NYSDEC has drafted a 480-page plan to reduce solid waste through increases in reuse, recycling and composting in local communities. Further, the plan calls for a reduction in packaging by manufacturers and a reduction in climate and environmental impacts caused by transporting waste and harmful emissions coming from incinerators and landfills.
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| 06/17/10 | New Yorkers for Zero Waste Platform 2010 | Local, regional, state and federal organizations join with NY Zero Waste Alliance, a project of Citizens Environmental Coalition, to support the reduction of waste through increase in reuse, recycling and composting.
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| 10/24/06 | 11 August 2006 DEC Letter | Region 6 Water Engineer Steven Botsford's letter to OHSWA Executive Director Hans Arnold stating OHSWA's environmental responsibility for clean water quality compliance associated with the Ava Landfill site.
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| 06/08/06 | ACAL vs. OHSWA | ACAL filed a lawsuit against OHSWA for polluting the trout spawing stream of Moose Creek for over a year. The ongoing pollution to the creek violates State environmental law and the Clean Water Act.
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| 04/20/06 | Letter to Ava from OHSWA | Lengthy letter from OHSWA Executive Director Hans Arnold to the Ava Town Board regarding a "host community benefit package". The Ava board refuses to negotiate with OHSWA for a 1000+/- acre landfill that is being forced into their rural community.
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| 03/31/06 | DEC response to Ava | DEC Region 6 Director Sandra LeBarron's letter to Town of Ava regarding Ava's request to rescind the March 2006 DEC Consent Order and take "appropriate enforcement action". Ms. LeBarron states the DEC's response must be "somewhat restrained" since ACAL has filed a notice of intent to file a citizen's suit against OHSWA.
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| 03/21/06 | Notice of Intent to Sue | Pursuant to the Clean Water Act, against the Oneida-Herkimer Solid Waste Management Authority (OHSWA) and Rifenberg Construction, Inc. by Adirondack Communtities Advisory League (ACAL)
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| 03/20/06 | Ava Complaint to DEC | The Town of Ava sends a letter to Region 6 DEC requesting their Consent Order be rescinded. The town board and the citizens they represent are genuinely concerned about the environment in Ava. They are extremely distressed that OHSWA and Rifenburg have been given permission by the DEC to allow excessive sediment to enter Moose Creek - "a provision that is contrary to the basic mission of the DEC."
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| 02/13/06 | NYSDEC Consent Order | NYSDEC is giving OHSWA permission to discharge excessive sediment and water into nearby Moose Creek, a federally protected trout spawning stream in Ava, NY.
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| 09/10/05 | DEC Complaint | August 2005
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News Updates...** FOR IMMEDIATE RELEASE** FEBRUARY 24, 2006
ACAL Finds NYSDEC Consent Out of Order
BOONVILLE, NY - The Board of Directors and members of Adirondack Communities Advisory League (ACAL), and local residents were shocked and sickened by the New York State Department of Environmental Conservation’s (NYSDEC) February 13, 2006 Consent Order giving the Oneida-Herkimer Solid Waste Authority (OHSWA) permission to pollute Moose Creek, a trout spawning stream.
“This is just another example of a corrupt DEC”, commented ACAL President Ned Ross, after reading the consent order. “The DEC is giving OHSWA permission to pollute.”
According to Ross, the NYSDEC did not inform him nor the four individuals who attended the August 23, 2005 meeting with officials regarding a complaint filed against OHSWA for polluting Moose Creek on at least fourteen separate occasions between 2004 and 2005. The formal complaint, filed by Town of Lewis Councilman Ian Klingbail, was sent by letter, then delivered in person to the Region 6 NYSDEC Office in Watertown. Klingbail’s presentation included video and photographic proof of pollution to Moose Creek due to improper construction management practices violating OHSWA’s NYSDEC permit to build a landfill in the Town of Ava, Oneida County. The main point of the meeting was to request a suspension of OHSWA construction work, as stated in the NYSDEC permit General Condition IX. 6NYCRR, Part 621, until their storm water management system was under control.
Attending the August 23 meeting with Councilman Klingbail were: Town of Ava Councilman Alex Stempien, ACAL President Ned Ross, Town of Lewis Resident Kermit Klingbail, and Lewis County Chairman Bruce Krug.
NYSDEC officials included: Region 6 Director Sandra LeBarron, Engineers Edward Blackmer and Skip Shoemaker, Region 6 Attorney James King, and Solid Waste Field Representative for the Ava Landfill Gary McCullouch.
Pollution to Moose Creek, which runs along the eastern border of the Ava Landfill, and just feet from the landfill storm water retention ponds, began soon after OHSWA’s construction company, Rifenburg Construction, Inc., began to strip the land in the summer of 2004. Since that time, Moose Creek has been polluted with sendiment and runoff from the landfill site on at least fourteen occasions. Subsequent to the signing of the NYSDEC Consent Order on February 13 Moose Creek continues to show signs of pollution.
Part II of the NYSDEC Consent Order, entitled “Continuing Discharges” states:
During the effective period of this Order, so long as the Authority and Rifenburg
adhere to the terms, conditions, and stipulations of this Order, discharges from
the Authority’s storm water management system that cause a substantial visible
contrast from the natural stream condition will not constitute a violation to this
Order, nor result in institution of additional actions or proceedings by the
Department. If any provision in this Order is breached, the Department may
Institute appropriate proceedings as allowed by law.
Information taken from the website link, http://www.dec.state.ny.us/website/dfwmr/habitat/hoa1b2f.html, clearly shows the OHSWA consent order is a contradiction to the NYSDEC mission and purpose. Under the section entitled, “New York Protects Fish and Wildlife Habitat”, the website states,
These vulnerable habitats are easily damaged. Certain human activities can degrade, even destroy the delicate ecological balance of these important areas. Unregulated, many of these activities would impair the uses of our water and diminish fish and wildlife populations through habitat destruction and degradation.
Fish and wildlife belong to the people of the State. Stewardship of these public resources is charged to the DEC.
According to a May1996 press release, http://www.usdoj.gov/opa/pr/1996/May96/233.enr.htm, the Connecticut-based Iroquois Pipeline Operating Company and four of its high-level officers and supervisors were found guilty “to numerous criminal violations of the Clean Water Act including failure to clean up or restore damage to nearly 200 streams and wetlands as a result of rushing to meet construction deadlines.” This company was charged a $22 million fine, the second largest environmental fine only to Exxon Valdez in 1989. The majority of the streams polluted by Iroquois Pipeline were located in New York State.
Presently, Marks Dairy Farm, Inc. of Lowville, NY is under investigation by the NYSDEC for a large liquid manure spill into the Black River in August 2005. Pending violations, including polluting the Black River causing a substantial fish kill, could result in Marks Farms paying fines totaling in the millions of dollars.
While private companies are held to the strictest federal and state environmental regulations, it appears that New York State appointed Authorities with an approved NYSDEC permit are allowed to pollute with little or no consequence. OHSWA and Rifenburg were jointly charged $9,600 for polluting Moose Creek, however, $7,700 of that fine has been suspended when OHSWA agrees “to complete a spring cleanup program to accept solid waste, including garbage, rubbish, trash, and construction and demolition debris, at no charge from the residents of the Town of Ava”, leaving the total fine a mere $1,900. According to Town Councilman Alex Stempien, the Town of Ava has provided a free spring cleanup day to their residents for the past 6 years.
Local residents and ACAL, a grassroots environmental group whose mission is to preserve and protect the land, water, air and wildlife in the Northern Oneida/Southern Lewis County Region of the Tug Hill Plateau, have been fighting to stop the construction of the 848-acre landfill for thirteen years. The landfill, which borders the largest living Veterans’ Memorial Forest in New York, has grown in size as OHSWA continues to buy or take adjacent land through eminent domain.
ACAL is concerned that the growing size of the landfill means OHSWA, although denies it now, plans to sell their permit to a private garbage company, thus creating a floodgate of garbage from anywhere in the country including New York City and nearby Canada.
The Town of Ava refuses to negotiate with the Solid Waste Authority for Host Community Compensation for a landfill they don’t need and never wanted. According to Garbage Land by Elizabeth Royte, historically, small rural towns in need of financial support and resources, are often times pressured by garbage companies to accept what some call “host community bribery”. This community compensation can come in many forms including an amount given to the town per ton of garbage, or money for a town project such as a new town hall or recreation area. Ava, the smallest township in Oneida County, population 725, adamantly opposes a landfill being constructed in their town and refuses to accept any money for the environmental disaster that will pollute the area they call home.
Moose Creek, a federally protected Class C trout-spawning stream under the laws of the Clean Water Act, flows north to the Sugar and Black Rivers to the St. Lawrence River.
ACAL President Ned Ross asks, “If there is frequent run-off into Moose Creek with no garbage in the landfill, what can we expect for the future?”
07/02/10 - Burning household trash is illegal in New York
06/17/10 - New Yorkers for Zero Waste Platform
07/13/09 - ACAL - Alive and well
04/13/08 - ACAL 2008 Update - Part 2
03/18/08 - ACAL Continues Environmental Mission in 2008
11/09/07 - Tug Hill Tomorrow Land Trust
10/26/07 - A good read - The Adirondack Atlas
10/12/07 - New York State Opening Meeting Law
09/28/07 - ACAL Fall Foliage Auction Oct. 5
09/21/07 - Integrity found in the Town of Ava
09/14/07 - Tug Hill resources have been targeted
08/19/07 - Fair and straighforward journalism?
08/10/07 - A Needed Appreciation for Nature
08/03/07 - New York State Municipal Home Rule Law
07/27/07 - Boonville Village Litter/Debris Local Law
07/19/07 - Black River Landing Subdivision Issues
07/13/07 - WTE vs. Landfills
06/29/07 - Too many impaired waters - Black River Watershed
06/22/07 - Protecting our drinking water starts at home
06/15/07 - ACAL Joins Northern Forest Alliance
06/07/07 - ACAL Holds 200/20 Drawing & Picnic, Annual Meeting
06/07/07 - ACAL AWARDED GRANT
06/01/07 - Be a solution - get involved
05/25/07 - American flags do not belong in landfills
05/24/07 - PRESS RELEASE - ACAL Signs Stolen & Vandalized
05/18/07 - Reality check for the DEC
05/04/07 - All citizens are called to act responsibly
04/27/07 - "An Inconvenient Truth"
04/13/07 - Citizens Deserve the Whole Truth ...
04/06/07 - Great Lakes United & Citizen Resources
03/30/07 - "What is the future of local government?"
03/23/07 - Citizens Expect More From Local Government
03/16/07 - Plastic Grocery Bags Harm Wildlife
03/09/07 - The Precious Gift of Water
03/02/07 - Working Together to Protect the Environment
02/26/07 - Grassroots groups are citizens who care!
02/16/07 - Local Citizens Want Environment Protected
02/09/07 - Open Letter to Boonville Town/Village Officials
02/02/07 - Ava Landfill Story Told in Chicago
01/26/07 - It's time for New Yorkers to reclaim their rights!
01/12/07 - CITIZENS' RIGHTS ARE NOT FOR SALE!
01/05/07 - "DO NOT LITTER" Applies to Everyone
12/15/06 - "March of the Penguins"
12/08/06 - Be "good news" in the community
12/01/06 - Moose Creek Prediction - 12 years ago!
11/22/06 - United Haulers v. OHSWA
11/17/06 - A Citizen's Rights
11/03/06 - EXERCISE YOUR RIGHT TO VOTE
11/01/06 - ACAL statement regarding opening of landfill
10/24/06 - OHSWA Opens Landfill Without Required DEC Permit
10/20/06 - OHSWA required by DEC to have proper permit
10/13/06 - Dr. Bob Johnson Speaks at Public Forum
10/06/06 - OHSWA Fails to Deliver
10/04/06 - PRESS RELEASE - Court Denies OHSWA Motions
09/26/06 - PUBLIC SERVICE ANNOUNCEMENT
09/21/06 - If OHSWA knew what they were doing ...
09/08/06 - Joint Board Resolution Revisited
08/28/06 - A Special Message
08/11/06 - Who will save the Town of Ava?
07/21/06 - The Emperor isn't wearing any clothes!
06/10/06 - Honoring Flag Day
05/19/06 - Local Residents Demand Protection for Environment
05/12/06 - The Foundation for a Better Life
05/05/06 - ACAL will pursue justice
04/28/06 - "Tug Hill, A Threatened Paradise"
04/21/06 - NYS environmental law contradicts State action
04/13/06 - The Tug Hill Plateau is worth protecting!
03/22/06 - Press Release - OHSWA & Rifenburg Being Sued
02/24/06 - ACAL Finds NYSDEC Consent Out of Order
02/03/06 - ACAL Defends the Truth
01/02/06 - PRESS RELEASE
12/15/05 - ACAL Continues with its Mission
12/01/05 - Tug Hill Heritage
11/23/05 - Boonville Breaks Resolution
11/06/05 - October 2005 OHSWA meeting
10/28/05 - NYS Waste Disposal Policies Not Enforced
10/21/05 - Environmental Conservation Laws
10/12/05 - Response to Village Trustee
09/23/05 - OHSWA Permit Violations
09/16/05 - ACAL Misinformation
09/07/05 - Press Release: DEC Enforcement Action
08/24/05 - ACAL Misinformation
08/05/05 - It's never too late
07/22/05 - Citizens, stand strong - DO NOT NEGOTIATE!
07/15/05 - PRESS RELEASE - Problems on Ava Landfill Site
07/08/05 - The truth must be told
07/07/05 - WBRV Statement #5 - DANGER to our drinking water
07/06/05 - WBRV Statement #4 - Polluting landfills kill
07/05/05 - WBRV STATEMENT #3 - Boonville Poll Not Official
06/29/05 - WBRV Statement #2 - Landfills provide NO benefits
06/27/05 - WBRV Statement #1 -Towns must stick together
06/24/05 - Waste to energy facilities better alternative
06/17/05 - Boonville boards break agreement
06/17/05 - Slope failure sends mud into Moose Creek AGAIN!
06/12/05 - Environmentally safe alternatives to landfills
05/27/05 - Town of Ava will file an appeal
05/22/05 - Dynamite blasting on landfill site?
05/15/05 - Oneida County in Trouble
05/08/05 - FACTS and What You Can Do
05/01/05 - Community Gathers for Prayer Service
04/24/05 - Personal Letter to NYS Comptroller Alan G. Hevesi
04/17/05 - Power of Prayer
04/03/05 - The Waste Authority Must Be Stopped!
03/27/05 - Letter to NYS Comptroller Alan G. Hevesi
03/20/05 - OHSWA Propaganda
03/13/05 - Letter to Griffo - Put Words into Action!
03/06/05 - Get involved in your community
02/27/05 - Assemblyman Townsend Has Concerns Re: OHSWA
02/06/05 - Power of the Press
01/24/05 - Legislator Pam Mandryck Opposes SWA Reappointment
01/02/05 - Weeks of 1/2 - 1/16/05
12/22/04 - Response to letter
12/12/04 - Senator Ray Meier Favors Ava Landfill
11/28/04 - Proud Heritage
11/14/04 - Oneida County chooses - for the people, or not?
11/07/04 - Letters sent to Governor and NYS Senators
10/31/04 - Ava/Boonville future - NO DUMP!
10/28/04 - Letter to Governor Pataki
10/24/04 - Environment Justice All the Way!
10/22/04 - Press Release
10/17/04 - No Civil Rights for Ava Residents
10/10/04 - Article 78 Lawsuit Against DEC Commissioner Crotty
10/03/04 - 400+ Days and Still Fighting!
09/27/04 - Family Home Threatened
09/26/04 - Important Facts to Know About the Ava Landfill
09/19/04 - Letter from Concerned Citizen
09/12/04 - Small Town of Ava Dragged into Court by OHSWA
08/29/04 - Where Do Your Loyalities Lie?
08/22/04 - Beaver Dam Incident Still a Mystery
08/15/04 - Ava-Boonville-Lewis Joint Boards Resolution
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