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LAWSUIT: Fenton procedures flawed in transfer station approval
A lawsuit seeking to overturn the recent approval of a natural gas transfer station in Port Dickinson claims the Town of Fenton Planning Board failed to follow proper procedures during the five-month project review.
In a 127-page filing with the State of New York Supreme Court, lawyers for Chenango Valley Central School District argue the town planning board skirted several required reviews when it endorsed the controversial project in late May.
Also named as a defendant in the suit is NG Advantage of Colchester, Vermont, the project sponsor.
As a remedy, the school district is asking the court to halt the project, vacate the planning board's approval and require it to complete a more exhaustive environmental review.
The lawsuit characterizes the approval as "arbitrary and capricious" because it ignores "substantial evidence" that questions the advisability of the project and also alleges the planning board conducted meetings on the project without proper notice in violation of the state's open meetings law.
Lawyers say the Fenton board also failed to consider the potential effect of increased truck traffic in an area already congested. Evidence that the project will have minimal effect on traffic, as claimed by the board, is non-existent, lawyers said.
Representing the school district is Tooher & Barone LLP, an Albany-based firm that concentrates on environmental, natural resource, land use and zoning issues. The district approved the lawsuit in an 8-0 vote, with one abstention, at a special meeting in early June. The district had no estimate of the costs.
The natural gas transfer station on the West Service Road near the Interstate 81/88 Interchange will tap the Millennium pipeline, primarily for commercial and industrial customers, according to project sponsor NG Advantage.
The facility will compress gas from the pipeline and load it into specialized trailers for delivery. The process within the industry is know as a "virtual pipeline" because it delivers relatively inexpensive natural gas to customers without ready access to a natural gas supply. Industrial and commercial customers prefer the natural gas supply because it is less expensive and cleaner burning than alternatives such as coal and fuel oil now in use.
While the project may aid others, opponents say it stomps on the rights of those who live near the transfer station. They point to concerns over the Port Dickinson site's proximity to schools, and the heavy burden it will place on local roads.
Despite the public urging for two separate town boards to deny or delay approval of the plan, Town of Fenton Planning Board gave the go-ahead to the project late last month.
The site is within a few hundred feet of Chenango Valley School District buildings and a Port Dickinson park.
A Broome County Planning Department review suggested — in 13 pages of itemized objections and 18 more of supporting documents — the project would have "significant negative impacts" and recommended denial.
According to NG Advantage, the facility will house four, 500-horsepower compressors at its opening, with a maximum of 12. Up to 125 trucks a day will draw the compressed gas for delivery to industrial and commercial customers located away from the main 36-inch Millennium pipeline. The operation will operate 24 hours a day, seven days a week filling trailers with natural gas for customers generally within a 200-mile radius of the facility.
NG Advantage currently operates two other compressor stations, in Concord, New Hampshire, and near Burlington, Vermont, and serves customers in 27 industries.
Project opponents won the support of Ithaca-based environmentalist Walter Hang, who, on Friday, claimed the project poses serious hazards to nearby residents.
"These pipeline do occasionally have uncontrolled releases," Hang said. "Damage has happened."
He called on Gov. Andrew Cuomo to employ a moratorium on further expansion of the fossil fuel infrastructure to achieve his goal of employing renewable sources for 50 percent of the state's energy supply by 2030.
"It's time (for the governor) to either put up or shut up," Hang said during an early afternoon press conference in front the Binghamton Government Plaza on Hawley Street.
Environmentalists Call on Governor Cuomo to Halt Fenton Natural Gas Compressor Station
Environmentalists on Friday were calling on Governor Andrew Cuomo to put a moratorium on the controversial Town of Fenton natural gas compressor station and other projects like it.
“Let’s lead by example. It’s the best way to lead. It’s the only way to lead and today is the best step forward” said Cuomo in a speech from October of 2015.
Environmentalists are asking the governor to do just that, calling for a halt on projects like this natural gas truck filling station in Fenton.
President of Toxics Targeting, Walter Hang said in a press conference Friday, "This is it, it’s either put up or shut up. He can't have it both ways, he can't be against natural gas consumption, fossil fuel consumption that we know contributes to local problems as well as global climate change and continue to allow these projects to go forward."
Hang runs environmental database firm “Toxics Targeting”, and found 28 D.E.C reports of spills, explosions and fires involving delivery trucks and compressor stations across the state:
Hang said, "The state should take a step back and say, we can’t allow these facilities to be built and operated until we know what the concerns are with regard to public health and the environment"
The Town of Fenton has already approved the N.G Advantage station, which would fill 125 trucks a day with compressed natural gas. It’s a relatively new technology. Another reason Hang says needs to proceed with caution.
"It is largely unrecognized and unregulated and that’s why we're calling on the Governor to adopt a moratorium on these proposed facilities because the state of New York hasn't studied them they haven't looked at the kinds of problems that are associated with these facilities." said Hang.
Hang says the Fenton site and other projects involving fossils fuels that emit greenhouse gasses contradict the governor’s own energy policy.
Hang told Fox 40, he is not only concerned with the long term effects of perpetuating New York’s use of fossil fuels, but also the immediate hazard of having a compressor station in close proximity to heavily frequented areas. Hang released a “sensitive receptor map” that identifies two schools, three day care facilities, five churches and two public parks to be within one mile of the “virtual pipeline” compressor station.
More than 1,200 people have already signed the coalition letter.
For more information on Hang's organization click here: Toxics Targeting
Sensitive Receptor Map
You can read the full documentation provided by Toxics Targeting below:
Activists Scoff at DEC's Ithaca Gun Company Site Cleanup Proposal
ITHACA, N.Y. -- The latest cleanup proposal for the former Ithaca Gun Company site is drawing criticism from local activists.
The DEC hosted an open house to give people a look at their plans for the Ithaca Falls area Tuesday.
The site has had extensive lead contamination for years.
Numerous cleanup efforts and millions of dollars have been spent, but none have been able to completely fix problem.
A recent EPA post-excavation test revealed lead levels were up to 30 times the allowable standard in some areas.
Some environmental activists say the DEC's plan doesn't go far enough to protect the city.
"The decision in the proposed remedy selection that we are discussing tonight is only for a portion of what was once the Ithaca gun company property," said Gary Priscott, DEC project manager.
"It isn't just behind this pathetic, little chain link fence, it is all throughout this area where the dust can blow and accumulate," said Walter Hang, Toxics Targeting Inc. president.
Activists say they will campaign to make sure the site gets cleaned up for good.
DEC closes in on final proposal for Ithaca Falls cleanup
Walter Hang displays shotgun shell remains found at Ithaca Falls Overlook.
Alyvia Covert/Ithaca Voice
ITHACA, N.Y. – As The New York State Department of Environmental Conservation (NYS DEC) seeks final public opinion on the Ithaca Falls cleanup initiative, one local advocate continues to push for further action.
Walter Hang, local environmental activist and president of Toxics Targeting, held a documentation release event at Ithaca Falls on Tuesday afternoon, hours before the DEC’s scheduled proposal for possible “no further action” at the site.
Despite remedial cleanup initiatives throughout the years, Hang said the pollution at the site, caused by the city's historic Ithaca Gun Company, has turned out to be a much bigger problem that he and other local activists ever anticipated.
As Hang stands on the lower level of the of the Ithaca Falls Overlook at 125 Lake St., he motions to the top of the gorge.
“Right above us, there is a thin piece of land called 'The Island'," Hang said. "This is where they dumped the lead that was generated by test firing all the guns. That contaminated the entire island and it then spread down into this area – that's why you can see these shotgun shells."
Ithaca Gun, founded in the 1880’s, was torn down after its closure in 1986, leaving behind remnants of toxic lead in its place. While the DEC reported that the site has been cleaned of its toxic remains to a satisfactory level, Hang argues otherwise. As he sifts through debris on the ground, he identifies the remains of several shotgun shells in the gravel.
EPA: Don't fear health impacts if you swam at Ithaca Falls
“These hazards exceed the acceptable standards and they have to be cleaned up - there should be no reason to allow this contamination to remain in place,” Hang argued. “It’s already leaked into the water, there's no question – it's just a matter of how much has leaked.”
Several cleanup initiatives by the United States Environmental Protection Agency (US EPA) have taken place over the years after the area has tested positive for highly toxic lead levels. In 2002, efforts to remove 6,000 tons of pollution cost the city nearly 4.8 million and continued for two years. After high lead levels were re-discovered in 2014 and 2015, further excavation cost the city an additional $400,000. Hang attributes the remains of the pollution to inadequate funding and private interest.
“The main problem is that all the pollution was not removed in one fell swoop,” Hang said. “They did very good remediation in certain areas, but ignored others because of funding limitations, and because the state did not want to go after responsible parties, including Cornell University.”
The DEC believes that after extensive cleanup efforts, the site may not require continual cleanup efforts to the extent of past initiatives. In a public meeting on Tuesday night, DEC Property Manager Gary Priscott said that future action for the site will depend on public response.
DEC seeks final public comment on Ithaca Gun cleanup
"One of the things you can take away from this is that remedial actions have already been done," Priscott said. "Surface soils on the site meet the objectives, but the site is going to be looked at in the future by site management. If anything we see is contradictory for what we want the outcomes to be, we will address that."
Priscott noted that the DEC would organize periodic reviews, a monitoring plan, an excavation management plan, regular inspection of clean soil cover and an operation and maintenance plan for the property.
However, Hang believes that the site could score a high enough number on the hazard ranking system to make it to the national priorities list (NPL) and qualify for a Superfund, which will fund federal authorities to come in a thoroughly clean the site.
"The site has to score a 28.5 to qualify for NPL status " Hang said. "That way we won't be hoping and praying that the city will come clean it up because they are totally inept, they don't know anything about this, and they've screwed it up twice now."
The public will have an opportunity to submit questions and concerns about the Ithaca Falls Overlook site to the DEC for consideration. The comment period will be open until July 17, and all comments will be reviewed by the DEC, which will determine the finalized remedy proposal. Priscott is available for contact at gary.priscott@dec.ny.gov.
Environmental firm says Ithaca Gun site still contaminating Ithaca Falls
ITHACA, N.Y. (WENY) -- Toxics Targeting, Inc. in Ithaca made an announcement Tuesday saying they believe Ithaca Falls is still contaminated with lead from the former Ithaca Gun site.
They're saying the gun site, which sat above the falls, is contaminating the falls after numerous cleanup attempts.
"The site has not been cleaned up," said Toxics Targeting President, Walter Hang. "The US Environmental Protection agency documented lead thirty times the allowable level. You can see that there are shotgun shells raining down from the upper area. There's lead all over the island."
Hang says that the contamination could be very dangerous to people visiting the falls.
"So when these people and their pets and their little babies are sitting around, they might sit in an area that's got a lot little bit of lead, they might sit on top of shotgun shells," said Hang. "It's literally, if you walk around you can find this contamination. You can literally see the pellets."
According to Hang, the lead has already made its way into the water.
So Hang is calling for a source removal, which is a removal of all the contaminates in one fell swoop.
"This site remains polluted after seventeen years," said Hang. "That's how come we need a source removal action to just get rid of all this pollution so that kids will be protected as they're walking through areas that almost certainly are lead contaminated."
Now Hang believes the DEC and EPA need to work together to clean the area once and for all.