The Record (Troy, NY)

Towns file suits

Look to stop landfill expansion

- By Glenn Griffith ggriffith@digitalfir­stmedia.com @CNWeekly on Twitter

The towns of Halfmoon and Waterford, along with a number of their residents, have filed lawsuits seeking to annul the permit approvals to expand the town of Colonie landfill and prevent the town from moving forward with any constructi­on.

The filings were submitted to the State Supreme Court of Saratoga County May 7. Both filings list the state Department of Environmen­tal Conservati­on, town of Colonie, Capital Region Landfills and Waste Connection­s as respondent­s.

The town of Colonie owns the landfill and holds the environmen­tal permit for its operation. In April 2014 it applied to the DEC for permitting approvals to expand the operation on the 212 acre-site and extend the landfill’s life.

C apital Region Landfills runs the day to day operation for the town of Colonie. It is a subsidiary of parent company Waste Connection­s.

The project would expand the operation within its footprint into an area designated Area 7. The proposed 105-acre expansion would put new solid waste on top of previously filled areas and extend the vertical pile higher into the air.

In their legal filings, attorneys for the towns of Halfmoon and Waterford both took issue with DEC’s approval of four permits, noting the department’s alleged failure to comply with the State Environmen­tal Quality Review Act, alleged violation of its own regulation­s, and alleged violations of the state’s codes, rules and regulation­s.

Additional­ly, in its filing, the town of Waterford requested an injunction forbidding the town of Colonie or Waste Connection­s from proceeding with the project.

Representi­ng the town of Halfmoon in the case is attorney David Engle of Albany law firm Nolan and Heller. Representi­ng the town of Waterford is Mark

Schachner of Miller, Mannix, Schachner and Hafner of Glens Falls.

The Halfmoon filing claims a portion of the expansion will be built within a 100-year flood plain, creates the risk of further contaminat­ion of the adjacent Mohawk River, creates an avoidable “detrimenta­l impact from odor and visual intrusion” to nearby residents, and will put a portion of the expansion over a hazardous landfill “which continues to contaminat­e the groundwate­r with Hydrocarbo­ns and heavy metals.”

In approving the permits, the Halfmoon filing said DEC violated provision of Environmen­tal Conservati­on Law, failed to comply with SEQRA by failing to look at alternativ­es, violated its own regulation­s when it failed to hold an adjudicato­ry hearing on the expansion, and again violated its own regulation­s by treating the applicatio­n to expand as a “modificati­on” rather than an applicatio­n for a permit for a new solid waste facility

Pointing to what it said were flaws in the DEC’s review and approval process, the Halfmoon filing noted an alleged absence of an approved local solid waste management plan, an alleged failure to fully consider the visual and odor impacts to those living nearby, an alleged failure to investigat­e PFOA (Perfluoroo­cta-

noic Acid) contaminat­ion, and alleged freshwater encroachme­nt.

The filing gave three causes for its actions,. failure to follow uniform permit procedures, failure to comply with SEQR, and failure to comply with regulatory criteria.

The town of Halfmoon asked the court to order DEC to hold either an issues conference or and adjudicato­ry hearing and remand all regulatory issues to a DEC Administra­tive

Law judge to hold an adjudicato­ry hearing.

The town of Waterford’s stated reasons for filing were much the same.

However, in addition to a request for an injunction to stop any constructi­on, the filing also said town residents would suffer decreased property values due to “continued and worsening odor, noise, water quality, and aesthetics” from the project.

The Waterford filing also dove deeper into the DEC

approval process noting that the permits’ approvals would have “drastic adverse” impacts on town residents because “the FEIS ( Final Environmen­tal Impact Statement) reflected project alteration­s that were not set forth in the DEIS ( Draft Environmen­tal Impact Statement) and were not subject to the scoping process”.

The Waterford lawsuit listed 12 causes for action including, as did Halfmoon’s, that the permit ap-

plication should have been treated as a new applicatio­n, that there is no solid

waste management plan in place as required, only a draft plan, and that DEC failed to evaluate reasonable alternativ­es, failed to hold an adjudicato­ry hearing, violated SEQR by accepting the FEIS as complete, and violated SEQR by failing to require a supplement­al FEIS.

One cause for action noted in the Waterford filing but not Halfmoon’s was that the FEIS is alleged to rely on conclusory statements rather than actual analysis “and fails to demonstrat­e any real need to expand the landfill rather than simply closing it”.

As with the Halfmoon filing Waterford sought the court to annul the permits issued by DEC and keep Waste Connection­s from proceeding with the project.

The town of Waterford also asked that the court invalidate the SEQRFindin­gs Statement.

When asked if the department would like to comment on this story a DEC spokesman said it does not comment on pending litigation. The town of Colonie did not respond to a request for comment.

 ?? FILE PHOTO ?? Shown is an aerial photo of the Colonie landfill.
FILE PHOTO Shown is an aerial photo of the Colonie landfill.

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