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...ACAL News – Week of 24 November 2006
In last week’s news, I mentioned the Oneida-Herkimer Solid Waste Authority (OHSWA) is presently involved in two lawsuits; one with Adirondack Communities Advisory League (ACAL) for allegedly violating the Clean Water Act by polluting Moose Creek, and the other with United Haulers, Assoc. Inc. regarding OHSWA’s use of flow control in Oneida and Herkimer counties.
Several days ago, I “googled” the upcoming Supreme Court case involving United Haulers v. OHSWA. I discovered an excellent article written by Roger Kamholz of the Medill News Service, Chicago, on that very topic.
In early January 2007, the Supreme Court of the United States will begin to hear oral arguments regarding the 12-year case of United Haulers v. OHSWA.
Based on the arguments, the Supreme Court will determine whether it is “legal” for OHSWA (a public entity) to impose flow control in Oneida and Herkimer counties. The court will also decide if restricting all garbage haulers in the two-county region to use only OHSWA facilities is consistent with the interstate Commerce Clause of the U.S. Constitution.
United Haulers filed suit against OHSWA in 1995, while the landfill siting process was in its early stages. United Haulers, consisting of six private garbage companies, argued that the flow-control laws “were discriminating, burdening or otherwise obstructing interstate commerce contrary to the Commerce Clause. Since the Authority both required that trash be brought to its facilities and charged a much higher-than-market “tipping fee” … the Authority was thus keeping the haulers from getting a better deal on tipping fees at landfills elsewhere.”
In 2000, the court ruled in favor of United Haulers. The District Court cited the U.S. Supreme Court’s 1994 ruling in C & A Carbone v. Town of Clarkstown and “ruled in a 6-3 decision that such “flow control” ordinances do negatively affect interstate commerce. The only difference, which figures largely in this case, is that Clarkstown’s facility was built and operated by a private company.”
“The Authority appealed the decision, and in July 2001 the U.S. Court of Appeals for the Second Circuit overturned the lower court’s ruling” and sent the case back down to the District Court.
The District Court, following the lead of the higher court “ruled in favor of the Authority. In February 2006, the U.S. Court of Appeals for the Second Circuit ruled for the second time in favor of the Authority.”
United Hauler’s then filed a petition for a writ of certiorari. (A document which a losing party files with the Supreme Court asking the Supreme Court to review the decision of a lower court. It includes a list of the parties, a statement of the facts of the case, the legal questions presented for review, and arguments as to why the Court should grant the writ. http://www.techlawjournal.com/glossary/legal/certiorari.htm).
The Supreme Court has accepted this case and will make a final ruling.
Earlier this year, another case, National Solid Waste Management Association v. Daviess County, Kentucky, went to the U.S. Court of Appeals of the Sixth Circuit. It was decided that a publicly owned facility carries a similar burden to interstate commerce as a private company.
According to Kamholz’s article, United Haulers stands a pretty good chance of having the case ruled in their favor. Should this occur, OHSWA will no longer have free reign over Oneida and Herkimer garbage haulers. Instead, these private haulers will be free, once again, to deposit their garbage at facilities, which offer much lower tipping fees than the OHSWA-owned facilities.
What could this mean for the Ava Landfill? No longer able to force haulers to use their facilities, it is likely the Waste Authority may sell or lease their permit to a private company that is not bound by the same laws as the Authority. As a result, the two-county landfill could easily become a statewide facility overnight.
In my opinion, I find it pretty amazing to learn that the original flow control ruling favoring United Haulers was overturned in 2001 to favor the Waste Authority – just long enough for them to obtain their permit from the New York State Department of Environmental Conservation (DEC) and build the landfill, and opening just a few months before oral arguments will be heard in the Supreme Court. I also find it interesting that after 12 years, flow-control could easily be found illegal in Oneida and Herkimer counties and could literally put OHSWA out of business.
So why was the Ava Landfill constructed? To solve the Oneida County solid waste problem, or to make a great big mess for the already heavily burdened citizens of Oneida County?
Remember the offer from the Development Authority of the North Country (DANC) to accept Oneida and Herkimer County garbage for 50 years at a lower tipping fee?
I can say one thing for sure. The OHSWA landfill is Oneida County’s black eye. It should have never been sited and constructed at all. How much garbage can 2 counties produce in 50 years? Not enough to build a 1,039-acre landfill, adjacent to a Veteran’s Memorial Forest, destroying acres of state and federal wetlands, polluting Moose Creek, and forcing Ava residents from their homes.
Congratulations, Oneida County. You should be ashamed!
Jacki Chamberlain, ACAL Communications Chair
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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