 |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
ACAL NewsRecent Documents...
News Updates...ACAL News – Week of 3 August 2007Concerned Citizens of Cattaraugus County (CCCC) is a 501(c)(4) non-profit corporation founded in 1991 to educate and empower towns and their citizens regarding local, state, and federal environmental protection laws in order to keep their communities healthful and free from pollution. As stated on their website http://concernedcitizens.homestead.com, “Our goal is to keep the public armed with information not generally distributed by government officials or private corporations.” Adirondack Communities Advisory League (ACAL) has obtained a great deal of information from the CCCC website over the past three years, and we are grateful for this excellent resource that continues to provide up-to-date information regarding the state of environmental affairs and how they affect local townships throughout New York. How a Town Fights an Unwanted Waste Facility, available on the CCCC website, includes the unpublished opinion of New York State Supreme Court Judge Vito C. Caruso regarding the unsuccessful attempt of a private company to force a landfill into the Town of Root, Montgomery County. This is an eye-opening article and a “must read” for all citizens and local government officials. The articles states, “After the town board [of Root] enacted a local landfill ban in response to the [landfill] proposal, Gerhard [of “Environmental Solutions”, a private company] sued the town … Judge Vito C. Caruso dismissed the lawsuit because New York’s Environmental Conservation Law [sect. 27-07-0711] invites towns to enact more stringent regulations of waste facilities, because New York’s Municipal Home Rule Law [sect. 10(1)(ii)(a)(11)] empowers towns to regulate for environmental protection, and because New York’s Town Law [sect. 130(6)] allows towns to adopt laws prohibiting dumps.” So, it would appear, that townships throughout the state have more power than perhaps they realize. New York Municipal Home Rule Law includes 6 articles and 44 pages of law, which became effective on April 30, 1963, with the Governor’s approval. Section 10 (1)(ii)(a)(11), as referred to above, deals with the general powers of local government to adopt and amend local laws. A county, city, town or village has the right and power to create local laws for “the protection and enhancement of its physical and visual environment.” In his opinion regarding the Town of Root case, Judge Caruso cited many examples of other cases where, according to the article, “every reported decision of every appellate court in New York has upheld the validity of a local ban on waste facilities.” But the “heart” of Judge Caruso’s decision “was the judge’s discussion of the town’s police power – its power to enact laws for the health, welfare and safety of its citizens. The town may exercise it police power to ban landfills (or incinerators), noted the judge, apart from any zoning laws and apart from county laws.” Whether towns create laws before or after a landfill is proposed in a township, the town board has the right to create laws to keep landfills out because of the power associated with the Home Rule Law. So, what happened in the Town of Ava during the siting process of the Oneida-Herkimer Solid Waste Authority’s landfill? The town of Ava has a landfill law. If all towns have power given them by New York’s Municipal Home Rule Law, and they have the right to exercise their police powers “to enact laws for the health, welfare and safety of its citizens”, then how was OHSWA’s landfill forced into the Town of Ava? Several OHSWA officials have been quoted within the last 3 years stating the Authority has the power to supersede local town laws. But doesn’t that action violate the constitution and a town’s rights under Home Rule Law? The Town of Ava never agreed to accept OHSWA’s landfill, but it was forced into their town anyway. Something appears to be very wrong with this scenario. The citizens of Ava, Boonville, and West Leyden deserve an explanation, but from whom? The Village of Boonville recently received a “revised” community compensation package from the Authority. According to several sources, there appears to be some problems with it, although the problems have not been discussed publicly. Perhaps, instead of seeking money from the Authority, the Village of Boonville could exercise its police power to keep tractor-trailers filled with garbage out of the village in order to protect the health, welfare and safety of its citizens. Local government has the power to enact laws to protect its citizens. Rather than become victims, local towns and villages need to use the power given them by the State of New York and fight for their rights. Jacki Chamberlain Director of Communications Adirondack Communities Advisory League (ACAL) Working to Preserve Tug Hill www.acalnews.org 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 |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
