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ACAL News
Recent Documents...
| date | title | description |
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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** WEDNESDAY, MARCH 22, 2006
Waste Authority & Rifenburg, Sued for Violating Clean Water Act
Ava, NY – A Notice of Intent to Sue Pursuant to the Clean Water Act, 33 U.S.C. Section 1365(b)(1)(A): Ava Landfill, Town of Ava, Oneida County was filed yesterday by Christopher A. Amato, of Counsel with Dreyer Boyajian LLP Law Firm in Albany, NY against the Oneida-Herkimer Solid Waste Management Authority (OHSWA) and Rifenburg Construction, Inc. (Rifenburg) on behalf of Adirondack Communities Advisory League (ACAL).
The action against OHSWA and Rifenburg is being filed “for past and ongoing discharges of sediment and other pollutants from the Authority’s solid waste management facility located adjacent to State Route 294 and Gleasman Road in the Town of Ava.”
Commencing in or about April 2005, the Authority and Rifenberg have caused and permitted discharges of sediments and debris to enter the waters of the United State through the South Branch of Moose Creek, a Class C trout spawning stream, which flow to the Sugar and Black Rivers; all of which are “navigable waters” within the Clean Water Act, 33 U.S.C. Section 1362(7).
The Authority and Rifenburg have allowed sediment and debris to enter Moose Creek from various locations on the landfill construction site, including storm water detention ponds, siltation retention areas, berms, and ditches, violating Condition #16 of the DEC permit, and Special Conditions #8-16 of the Army Corp of Engineers (COE) permit relating to the protection of water in and adjacent to the landfill site.
“The discharges of sediments from the Facility has occurred on an ongoing basis and are likely to continue if not enjoined. These discharges in violation of federal and state law have resulted in thousands of gallons of storm water, silt, mud and debris to be released into Moose Creek, thereby increasing the turbidity of the creek, damaging the trout-spawning environment and the Moose Creek ecosystem, including wetlands in and adjacent to Moose Creek.”
In addition to the violations being made by the Authority and Rifenburg, the Administrative Consent Order (ACO) written by the DEC is being challenged as unlawful. The ACO is allowing continuing discharges into Moose Creek thus violating the Clean Water Act, the New York Water Pollution Control Act, and the terms and conditions of both the DEC and COE permits.
Ava and Lewis town officials and ACAL representatives have closely followed protocol by making formal complaints to the DEC and COE, yet their concerns are not being addressed. As a result, Moose Creek continues to be polluted, endangering the ecosytem of the creek and putting the native trout population at risk.
ACAL’s interest in this matter is based upon the fact that its members reside in the Towns of Ava, Boonville, Lewis, and Leyden and have a significant interest in maintaining the ecological balance in the region, protecting indigenous fish and wildlife, preserving the scenic and historic qualities of the area, and maintaining clean water in Moose Creek, Sugar and Black Rivers.
Local communities and ACAL have been fighting to stop the construction of a 848-acre landfill located the Northern Oneida, Southern Lewis county region of the Tug Hill Plateau. Organized in 1993 to protect and preserve the water, land, air and wildlife habitat in the surrounding area, ACAL continues to work with local townships to preserve the unique rural way of life and protect its natural resources.
The Towns of Ava and Lewis are located in one the wettest areas in New York, receiving records amounts of rain and snowfall on an annual basis. The area is filled with an abundance of fresh water streams, creeks, ponds, aquifers, springs, and shallow wells, many of which feed into the Black River north to the St. Lawrence River, and southeast to the Mohawk River.
ACAL has questioned the Authority’s siting methodology for 13 years. The Ava Landfill is located in an area existing of state and federal wetlands, a location deemed as “unfavorable hydrogeology”, and contains an aquifer under the footprint. ACAL is extremely concerned that if the area cannot handle construction, then it most certainly will not be able to handle 1,000 tons of garbage being deposited on the site each day.
ACAL intends to bring suit against the Authority and Rifenburg following the expiration of sixty days if the violations described are not fully resolved.
For more information contact:
Jacki Chamberlain, Communications Chairperson
Adirondack Communities Advisory League
www.ACALnews.org
518-791-8061
jkchamberlain@gmail.com
Ian Klingbail, Councilman
Town of Lewis
315-942-2610
ijklingbail@yahoo.com
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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