Town of Plattsburgh proposes Solid Waste law

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July 16, 2011

DAN HEATH Press-Republican The Press Republican Sat Jul 16, 2011, 02:11 PM EDT

PLATTSBURGH — The Town of Plattsburgh will hold a public hearing on its proposed Solid Waste Management Facility Law Monday.

Its purpose is to promote the public welfare of the community by providing oversight in permitting and locating solid-waste management facilities to preserve and protect the health, safety and general welfare of the inhabitants of the town from the impacts associated with the development and operations of such facilities.

"We believe, in the Town of Plattsburgh, that the processing of solid waste needs to be controlled and regulated," said Town Supervisor Bernie Bassett.

That includes not allowing it in residential areas and places where it would impact economic development, he said. The proposed law comes after six years of solid-waste moratoriums that were in place when Bassett came into office.

It was developed with input from the Town's Solid Waste Moratorium Committee.

PAST ODOR ISSUES

The Clinton County Compost Facility was built in the town off Rugar Street and adjacent to Interstate 87 in 1986. It was often the source of odor complaints.

It was heavily damaged by fire in 2001. The city tried a process that created a product named Nviro to be used as a soil additive, but that was halted due to more odor issues.

The plant has not been in operation since 2004.

The proposed local law comes as the City of Plattsburgh seeks a New York State Department of Environmental Conservation permit to allow alkali treatment of wastewater sludge produced at the City's Wastewater Treatment Plant . Composting facilities are included in the list of definitions of solid-waste management facilities under the proposed law.

Plattsburgh Mayor Donald Kasprzak said City Environmental Manager Jon Ruff was told by the New York State Department of Environmental Conservation that a decision is expected by the end of summer.

The city presently sends its sludge to the Franklin County landfill but is concerned that option might be eliminated in the future. The mayor again said the alkali treatment process would be a backup plan in that eventuality.

MAYOR BAFFLED

Kasprzak said it's important to note that 30 percent of the sludge comes from town wastewater processed at the city wastewater treatment plant under a 33-year agreement signed in 2006.

He said the city always has been and will continue to be environmentally responsible for the entire region as it moves to get a permit from DEC for its backup plan. He said the local law, which would prevent the city from putting the Compost Facility back to work, is just the latest effort by the town to block that plan.

"I continue to be baffled by the efforts of town officials to throw roadblocks into the process of having an environmentally sound backup plan," Kasprzak said.

The town contends the city is seeking the permit so it can resume operations at the facility. It is opposed for a number of reasons, including odor and its adverse effects on economic development of the Rugar Street corridor and the former Clinton County Airport property.

The town contested the city's request to be named lead agency in the State Environmental Quality Review Act process, but the DEC ruled in the city's favor in October.

The town challenged the transfer of the property from Clinton County to the city, but the State Supreme Court ruled the transfer was legal in February.

LAW INCLUDES FINES

The Town Planning Board is responsible for granting town permits and approvals for operation of solid-waste management facilities that would be in addition to any required state or federal approvals. There is an application fee, and the applicant is also responsible for a number of consultant fees.

The application requirements include data on the volume of material to be treated; detailed site maps; full environmental assessment form; drainage report; reclamation plan; and other information deemed necessary by the Planning Board.

The local law provides for fines of up to $5,000 or imprisonment of up to one year for violations of the proposed law. Each day a violation takes place is viewed as a separate offense. It also provides for civil penalties.

An approved permit is effective for five years or until any applicable state or federal permit expires, whichever is sooner.

The public hearing is scheduled for 6:35 p.m. Monday, July 18, and Aug. 1 at Plattsburgh Town Hall, 151 Banker Road. Copies of the Local Law are on file in the Town Clerk's Office.

Email Dan Heath at:

dheath@pressrepublican.com