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ACAL News
Recent Documents...
| date | title | description |
| 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
By Adirondack Communities Advisory League (ACAL) www.ACALnews.org
OCTOBER 24, 2006
REGION 6 DEC AND ATTORNEY GENERAL’S OFFICE
ALLOW NYS AUTHORITY TO OPEN LANDFILL
WITHOUT REQUIRED PERMIT
Ava, NY - The Oneida-Herkimer Solid Waste Management Authority (OHSWA) has failed to comply with New York State Department of Environmental Conservation (NYSDEC) written notification directing them to apply for an individual discharge permit for landfill operations at their new facility in Ava, NY, located in Northern Oneida County.
According to a August 11, 2006 letter to OHSWA Executive Director Hans Arnold by Region 6 DEC Division of Water Engineer Steven Botsford, Mr. Arnold was informed that OHSWA was required to apply for an individual State Pollution Discharge Elimination System (SPDES) permit. This requirement was based on many water quality complaints and violations that were recorded last year, and continued into this year during landfill construction. The letter also indicates the Waste Authority must complete a DEC pre-approved field test to confirm that the sediment control system is effective at removing sediment from onsite stormwater, and that discharges from the site must comply with all water quality standards.
OHSWA is presently the defendant in a citizens’ suit filed in June 2006 by Adirondack Communities Advisory League (ACAL) for allegedly violating the Clean Water Act by allowing discharges from the Ava Landfill site to enter the trout spawning stream of Moose Creek, a tributary of the Black River. The discharges of excessive sediment have been ongoing since the spring of 2005.
On May 25, 2006, State of New York Soil and Water Conservation Committee Engineering Specialist Donald W. Lake, Jr., sent a letter to DEC Region 6 Environmental Engineer Gary McCullouch and Environmental Protection Bureau at the Attorney General’s Office Environmental Scientist III Charles D. Silver, indicating his professional observations, evaluation and recommendations of the landfill’s stormwater management system designed by engineering firm Barton & Loguidice, P.C. Mr. Lake’s letter states “the potential for future turbid discharges due to the fine colloidal soils at the [landfill] site, the lack of implementation of the staged sediment control system (SSCS) as designed, and additional problems with the design itself.” Mr. Lake then describes, in three pages of text, specific recommendations to improve field conditions on the landfill site, in addition to recommended remedial actions.
Sediment continues to be discharged from the landfill site into Moose Creek, and the DEC and Attorney General’s Office has done nothing to force OHSWA to comply. This comes on the heels of an unprecedented February 13, 2006 DEC Consent Order that gave OHSWA permission to continue polluting the creek.
The DEC and Attorney General’s Office have an obligation to all New York citizens to uphold the law and to carry out their duties in an ethical manner. By allowing OHSWA to continue to violate state and federal environmental laws, NYS leaders are sending the message to citizens that laws do not apply to powerful New York State authorities.
The governing authority over the DEC is the Governor of New York State. Governor Pataki and the DEC have condoned the siting and construction of the Ava Landfill and are allowing OHSWA free reign on a 1,039-acre landfill site.
The Oneida-Herkimer Solid Waste Authority must be stopped from further polluting Moose Creek.
OHSWA is not above the law. A state appointed public authority must abide by the same laws as all New York State citizens; its power monitored and controlled, so citizens’ rights are not abused nor the environment threatened.
The Ava Landfill was sited in the worst and wettest locations in New York State. Acres of state and federal wetlands have already been destroyed, while Moose Creek continues to be violated by sediment from the landfill site. The ill-fated Ava Landfill is an environmental mistake that threatens not only Moose Creek, but the future health of the downstream Black River ecosystem.
The predictions of environmental experts, made over 10 years ago, have unfortunately come true. The pertinent information that was shared with DEC judges and Commissioner Erin Crotty was ignored, and is now coming back to haunt state officials who granted permission for this landfill to be constructed.
It is not too late. As preventive medicine can often save lives, stopping this landfill can protect the streams, tributaries and rivers in Upstate New York. It is not too late for the State to realize its mistake in selecting to place a 1,039-acre landfill in one of the wettest locations in New York, and adjacent to an 800-acre Veterans’ Memorial Forest.
It is high time that New York State leaders, including the Governor, Attorney General and State Senators, stop this environmental disaster from happening and turn the land over to the people of New York State so they can build a Veterans’ Memorial Park; a park dedicated to American veterans and their families, which exhibits honor and respect not only for veterans, but for our environment.
Note: A copy of the August 11, 2006 letter from DEC Water Engineer Steven Botsford to OHSWA's Hans Arnold was sent to all media. Please see complete file in ACAL News, "Recent Documents".
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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