In a historic decision that ends a 20-year process, a state board has rejected a plan to build a new hazardous waste landfill in Niagara County.
The New York State Department of Environmental Conservation’s Hazardous Waste Landfill Siting Board denied a certification for CWM Chemical Service’s proposal to build a 43.5-acre landfill in the Town of Porter.
The decision by the eight-member panel was unanimous.
“The health and safety of our residents has carried the day,” said Niagara County Legislator Irene Myers in an emailed statement. “It has been a long process, but I am so happy how our community never wavered in this long battle. This has always been about protecting our children and grandchildren from the consequences of bad, short-sighted environmental decisions that previous generations have had to live with.”
The proposal for Residuals Management Unit 2, or RMU-2, would have built upon Niagara County’s legacy as a home to toxic wastes.
Had it been approved, about 6 million tons of toxic waste would have been trucked in over the next three decades to CWM’s rural, 710-acre property along Balmer Road. The landfill was slated to be built near the active Modern Landfill and next to CWM’s now-closed RMU-1, a capped landfill that holds about 5 million tons of hazardous waste.
In its decision, the board said the landfill was not necessary or in the public interest. Therefore, it denied the necessary certificate of environmental safety and public necessity that was required for the landfill to go forward.
“This is going to have a great impact on Niagara County,” said Gary Abraham, an attorney who has represented Niagara County, the Town and Village of Lewiston, and the Village of Youngstown throughout the proceeding. “CWM is now going to have to begin the cleanup of the entire site … that opens a whole world of opportunities for the county and for Porter.”
CWM first applied for the landfill in 2003 to be built next to RMU-1, which ran out of space in 2015.
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The proposal met with heavy opposition from residents, town leaders and county elected officials. Any purported economic gains from RMU-2 could have come with massive environmental and community costs, critics said.
RMU-1 opened in 1994 and now stands 120 feet tall. Toxic wastes were brought in by truck from the U.S., Canada and Puerto Rico for more than 20 years before it filled up.
Since 2010, the DEC’s siting board has found New York already has enough hazardous waste management facilities, and there is no need for any additional landfill space for the foreseeable future.
Despite that, CWM still applied for another hazardous waste landfill, saying the proposal could have brought in millions of dollars to the state and local municipalities.
In April, DEC Administrative Law Judge Daniel O’Connell recommended the siting board deny the necessary certificates and the agency not grant permits for the facility. His recommendations came after two dozen hearings about the landfill were held and thousands of pages of evidence were submitted.
Aside from CWM, those involved in the proceeding included local resident Amy Witryol; Niagara County; the Town and Village of Lewiston; the Village of Youngstown; Residents for Responsible Government; the Lewiston-Porter Central School District; and the Niagara County Farm Bureau. The Tuscarora Nation and Buffalo Niagara Waterkeeper also joined the process to add their concerns and perspectives.
O’Connell noted during the proceeding that CWM failed to show its proposal is otherwise necessary or in the public interest.
CWM does have the option to appeal the decision by the siting board.
However, Abraham noted it “appears to be a very strong decision.”
This is a developing story, check back for updates.
Reach climate and environment reporter Mackenzie Shuman at mshuman@buffnews.com or 716-715-4722.
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Mackenzie Shuman
Environment and climate reporter
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