ACAL Article

This was an article that was in last weeks issue of the Boonville Herald. It's an article that deals with the landfill that they are attempting to build in the nearby town of Ava. It shows some of the statements that were made in another article by OHSWA to be false or at the very least inaccurate. By Jacki Chamberlain On November 5, Susan Eilenberg, editor/publisher of the Rome Observer, wrote an editorial from a press release she had received from Adirondack Communities Advisory League (ACAL). A response to the editorial was submitted by Oneida-Herkimer Solid Waste Authority (OHSWA) chairman Lou Critelli and printed in the December 3 edition of the Rome Observer. The Following is my response to his letter (which has been edited fro space): Dear Mr. Critelli: I wish to address your unfair accusations of ACAL and the repeated misinformation presented in your letter to Ms. Eilenburg. It is important for the general public to know the facts with regard to the Ava landfill, not your personal interpretation of them. After nearly 12 years of interaction between ACAL and OHSWA, I am surprised you are not familiar with ACAL's purpose by now. The 'Adirondack Communities Advisory League (ACAL) is a nonprofit organization formed in 1993 to conserve and protect the air, water, land, and wildlife indigenous to Northern Oneida County, preserve the existing beauty of the area, as well as inform the public of its 12-year resistance to keep a landfill out of its local townships.' ACAL receives its funds from donations and local fund-raising events, such as community dinners and bake sales. In June 2004, OHSWA began construction on the landfill access road. In addition to destroying natural wetlands by creating 'man made wetlands,' your expertise as an engineer neglected to forsee the extreme weather conditions or the excessive amounts of water naturally occurring in the southwest region of the Tug Hill Plateau.. As a result, your first attempts at building the access road failed. The roadbed had to be dug up and reconstructed. In your letter to Ms. Eilenberg, you listed 11 of 'ACAL's latest claims.' 1) 'The fact they [Rodman] don't have the capacity, haven't staffed the process to permit new capacity, and have stated they don't intend to import waste.' Why does OHSWA and Senator Meier insist there is no 'Rodman alternative' when DANC expanded the Rodman facility in September 1998 to accept garbage within a 100-mile radius of their facility, including Oneida-Herkimer counties? Why has OHSWA continued to spend millions of dollars to sire the Ava landfill when the Rodman facility has been able to take their garbage for the past six years? 2) 'It would actually cost Oneida-Herkimer $4 million per year more to go to Rodman.' After public discussions, Congressmen Dave Townsend and Daryl Aubertine requested an audit of OHSWA by the New York State Comptroller's office to verify OHSWA's allegations. The audit, which began in early November, could take several months to complete. 3) 'Over 100 monitoring wells were installed and proved the sites' suitability beyond any doubt.' Does the public know that no such monitoring wells were dug in ANY of the other potential landfill sites? 4) 'Comprehensive tests were evaluated by two independent divisions of DEC and both concluded no such aquifer is present' is an incorrect statement. A confined or artesian aquifer exists on the landfill site. According to the Environmental Protection Agency, 'Contaminants that reach a confined aquifer through a poorly constructed well or through natural seepage, can be extremely difficult and expensive to remove.' 5) 'Appeals to DEC and the State Freshwater Wetland Appeal Board (FWAB) have confirmed there is no basis to upgrade the wetlands.' The fact that Class II wetlands exists on the sire is plenty of reason not to build a landfill in Ava. 6) 'A state Supreme Couff [court] Decision confirmed that the park designation did not stand and the Authority had the right to move forward with development.' As an appointed authority of New York State, OHSWA has the power of eminent domain. Despite Ava'a effort to create a town park, OHSWA has taken nearly 100 acres of land from the Town of Ava and ACAL. 7) 'Studies over three consecutive years found no such species [threatened birds].' Although the upland sand piper and harrier have nest areas near the landfill site, the DEC will not protect endangered species unless they live on the site. No consideration of future air, water and land pollution, truck traffic and machinery noise were included in the DEC decisions. 8) '$100,000 of studies and field investigations identified no such graves.' Why are OHSWA paid archaeologists presently digging on the landfill sit looking for those graves you say don't exist? 9) 'A State Supreme Couff [court] Decision confirmed no such permits are required' is an incorrect statement. Oneida County Court Judge Hester has not yet made a ruling as to whether OHSWA has to comply with Town or local laws anywhere in New York State. In other words, no town could protect itself and its citizens from the power of an authority. 10) 'Investigations by the DEC, engineers and staff all found the washout was due to natural causes.' The beaver dam on the landfill site burst between the hours of 6 and 7p.m. on August 19, 2004, after construction crews left for the day and before the OHSWA paid Sheriff's patrol officer arrived. Despite evidence showing land and aerial photographs oh OHSWA construction equipment just feet from the beaver dam, dead brook trout along the banks of the Moose Creek, and a Lewis County resolution requesting an investigation of the potential contamination of the Sugar and Black Rivers, the DEC did not complete any further investigations. 11) 'The Authority enabling statute prohibits the acceptance of any waste from outside Oneida-Herkimer.' Despite your weak attempts to convince the public OHSWA will not take New York City waste, you have neglected to mention that rules, regulations and permits can be changed. One of ACAL's greatest fears is the Ava landfill will open and Oneida County, unable to afford the multi-million dollar debt created by OHSWA, will be forced to seel the landfill. Once that occurs, garbage can be imported from all over the United States and Canada. In a recent press release by New York City Comptroller William C. Thompson, he issued a series of recommendations to the City's waste problem [paraphrased]: New York City should...consider purchasing access to, or the development rights of, existing landfills in Upstate New York to increase in-state disposal capacity...partner with the DEC to consider building new disposal capacity in New York State...evaluate purchasing permitted but underutilized landfills in other parts of the country near rail or water transportation to provide long-term disposal capacity for its waste. It is obvious New York City has a problem and the Ava landfill would help to eliminate it. If OHSWA doesn't have future plans of accepting 'imported waste,' then why have they acquired nearly 700 acres of land for a 150-acre landfill? There also appears to be no coincidence Senator Ray Meier has secured a $500,000 grant to improve rail system from Utica to Boonville. And what about the canal system? Will New Yorkers see garbage barges on the Hudson, Mohawk and Black rivers in the future/ It is time for all citizens to stop authorities from making decisions that once belonged to New Yorkers. Please help ACAL stop the Ava landfill in 2005. Jacki Chamberlain is the communications chairperson for ACAL. She also owns Grandpa's Desk Tutoring in Boonville and is the COOP Weather Observer for the Jackson Hill Weather Station, Boonville."