The Chautauqua County Landfill is located off Townline Rd. in the Town of Ellery. The county plans to expand the landfill by 53 acres to the west.

MAYVILLE – A New York State Supreme Court Justice has ruled in favor of the county landfill’s expansion effort in the town of Ellery.

Chautauqua County Executive Vince Horrigan says Hon. Frank A. Sedita III ruled in favor of the county in a lawsuit that was brought forward by the Town of Ellery in an effort to halt the 53 acre landfill expansion.

County officials said the expansion was necessary to ensure the county could sustain landfill services for another 20 to 30 years, which would help to keep waste disposal costs low for residents and businesses. The town of Ellery fought the expansion with a lawsuit filed earlier this year against both the New York State Department of Environmental Conservation and Chautauqua County, in an effort to invalidate the permitting and SEQR filed for the project. As part of the lawsuit, the town claimed the expansion would create an environmental hardship for residents. Prior to the lawsuit, the town also wanted to have increased hosting fees from the county, but was unable to come to a new rate agreement.

In order to fight the landfill expansion, the town of Ellery claimed the state DEC didn’t follow the proper procedure when reviewing the environmental impact of the expansion.

With the court decision being handed down – and baring an appeal from the town of Ellery – the land fill expansion can now move forward as planned.

The Chautauqua County Landfill is located off Townline Rd. in the Town of Ellery. The county plans to expand the landfill by 53 acres to the west.

MAYVILLE – The town of Ellery has filed a lawsuit against the county to try and stop its effort to develop a new cell at the county landfill.

The town filed the lawsuit last week against both the New York State Department of Environmental Conservation and Chautauqua County to invalidate the permitting and SEQR.

The lawsuit comes after the town failed to accept a proposed hosting agreement put forward by the county. Town of Ellery officials have voiced their concern for the landfill expansion, saying they felt the town should be compensated if it is to continue hosting the landfill, which takes in tons of garbage on a daily basis – some of which comes from outside of the county. The county says it needs to create a new cell in order to continue accepting garbage – which not only provides revenue for county government, but also helps to keep local waste disposal prices lower than what they would be if the waste had to be taken out-of-county.

The county legislature will consider allocating funding to fight the lawsuit when it meets later this month in Mayville.

The Chautauqua County Landfill is located off Townline Rd. in the Town of Ellery. The county is seeking the state’s permission to expand the landfill by 53 acres to the west. The deadline for public input on the expansion request is Wednesday, March 11, 2015.

ELLERY – The town of Ellery is investigating the possibility of challenging the county’s effort to expand the landfill by 53 acres.

According to a recent report in the Post-Journal, the Town of Ellery board has authorized an attorney to investigate a court challenge to halt the expansion on the grounds of environmental concerns. The news comes after the town board earlier this month rejected a proposed hosting agreement that was put forward by county executive Vince Horrigan.

Meanwhile, the county executive says the county will move forward with the landfill expansion as planned.

The county has suggested it pay the town a hosting fee of 50 cents per ton of all out-of-county waste that comes into the landfill. The town had suggested a fee of $4-per-ton for out-of-county waste.

In November the Chautauqua County Legislature approved the environmental review study for the expansion, as well as borrowing the $18 million necessary to move the project forward.

The Chautauqua County Landfill is located off Townline Rd. in the Town of Ellery. The county wants to expand the landfill by 53 acres.

ELLERY – The town of Ellery is moving forward with a local law aimed at preventing the expansion of the Chautauqua County Landfill.

According to the Jamestown Post Journal, the town board held a special meeting on Nov. 19 and passed its solid waste management facilities law, which prevents the permitting, construction and expansion of the landfill located in the town.

The action came one day after the county legislature approved two resolutions dealing with the 53-acre expansion, including borrowing $18 million to pay for the project.

Ellery officials are concerned with environmental impact the landfill has had on residents and is seeking a hosting fee from the county to pay the town whenever the landfill accepts waste from outside of the county.

Chautauqua County Executive Vince Horrigan has said county officials have outlined an agreement with Ellery and presented it to the town officials Thursday, although the town board did not discuss the tentative agreement during its meeting.

According to the Post-Journal, the county wants to pay the town 50 cents per ton on all out-of-county waste taken in by the landfill. The town is asking for $4 per ton. The amount collected by the landfill is $28 per ton for all municipal waste.

Horrigan has said that the town will have to respond to the county’s offer by Dec. 8 or it will be withdrawn in anticipation of litigation.

The Chautauqua County Landfill is located off Townline Rd. in the Town of Ellery. The county county will expand the landfill by 53 acres to the west.

MAYVILLE – The expansion effort of the Chautauqua County Landfill will be moving forward.

On Wednesday night the legislature unanimously approved the expansion’s State Environmental Quality Review Act (SEQRA) Statement and also approved borrowing $18 million to pay for the cost of the expansion. The bonding would be paid for with revenue collected at the landfill.

• VIEW ALL DOCUMENTS RELATED TO EXPANSION

With the action, the 53-acre expansion is just about ready to get underway, although it is still being met with resistance by the town of Ellery, where the landfill is located. The town has voiced concern over the environmental impact the landfill would continue have on residents and is asking the county to provide a hosting fee. The Ellery Town Board is also considering a local law that would prohibit the expansion effort if a hosting arrangement can not be worked out.

Following Wednesday’s vote, Chautauqua County executive Vince Horrigan said he and the legislature have discussed a pending hosting agreement with Ellery officials, which will be presented to them on Thursday.

“My hope is that together we can move forward,” Horrigan said. “[The landfill] is a tremendous asset for the county, it does provide very low rates and helps us with the tax levy and its a very successful program. I’m pleased to see it move forward.”

EXPANSION LIKELY TO START IN 2016

County Landfill director Pantelis Panteli said that barring any unforeseen delays, the landfill expansion could get underway by the spring or summer of 2016. He told WRFA following Wednesday’s meeting that the next step is to draw up RFPs for the project and begin the bidding process for a contractor. Pantelis also said once a contractor has been selected and the project gets underway, it could take 2 to 3 years before the expansion is complete.

If no expansion took place, the current landfill would reach full capacity within 4 to 5 years, if it continued to accept waste at the current rate of about 408,000 tons per year. Once the expansion is completed, the landfill will be able to continue accepting waste at its current rate for an additional 20 years.

• VIEW NOVEMBER MEETING AGENDA AND RESOLUTIONS

The legislature will act on approving an $18,000,000 bond to help pay for the landfill expansion project. In addition, lawmakers will review and act on accepting the expansion’s environmental impact statement – known as a SEQR. The SEQR is a key part of the expansion process, as it outlines what environmental impact the expansion will not only have on the landfill property, but also other property in the immediate area.

The landfill expansion has been met with some resistance, with officials in the town of Ellery and residents opposed to the expansion because of the adverse impact it would have on residents and the environment.

In addition to the landfill proposals, several other items are also on the agenda for tonight, including a contract agreement with the county’s largest labor union – the CSEA Unit 6300.

Wednesday’s meeting begins at 6:30 p.m. in the legislative chambers in Mayville and is open to the public.

The Chautauqua County Landfill is located off Townline Rd. in the Town of Ellery. The county is seeking the state’s permission to expand the landfill by 53 acres to the west.

MAYVILLE – The expansion effort of the Chautauqua County Landfill will take center stage for the Chautauqua County Legislature during it’s November meetings.

On Monday, Nov. 9, the legislature’s Public Facilities Committee will meet and among the items on its November 2015 Agenda (PDF) are three resolutions pertaining to the landfill expansion:

• Approving the SEQR Findings Statement for Phase IV of the Landfill Expansion (PDF);
• Authorizing the borrowing of $18,000,000 to pay for the cost of the landfill expansion;
• Authorizing the purchase of 20 acres of property adjacent to the landfill at a cost of $40,000.

The county is seeking the state’s permission to expand the landfill by 53 acres. The completion and filing of the SEQR is part of the process, with the State Department of Environmental Conservation required to review the study prior to granting approval. In addition to the SEQRA document, the DEC also allowed for public comment on the project earlier this year.

WEIGHING THE PROS & CONS

According to county officials, the expansion is needed to extend the life of the landfill by 20 years. Under the request, the county also says there is no plan to increase the amount of daily waste coming in, with the limit remaining the same at 1,883 tons per day.

County officials have said that the expansion will help to continue the landfill’s long-term viability as not only a revenue generator for the county, but also to help to keep local waste disposal costs down. The county makes money off the landfill by not only accepting trash from residents, but also construction and industrial waste from both local and out-of-state businesses. In addition, the county is able to convert methane generated at the landfill into electricity, selling that energy to the grid to create another revenue stream.

Not everyone is in support of the expansion project. The town of Ellery has come out against the expansion, citing several environmental concerns including surface and groundwater contamination, runoff and erosion affecting nearby waters and wetlands, noise and odor impacts, and changes to the surrounding natural landscape.

Other opponents of the project have also voiced concern that the landfill expansion could open the door for the county to seek permission to allow for accepting hazardous and/or radioactive waste – including out-of-state fracking waste. They also cite a recent report by the Environmental Advocates of New York (EANY) claiming New York doesn’t have a strict system in place for tracking industrial waste coming into the state, with some of it containing hazardous waste from fracking operations. The fear is that should the county expansion take place, it could increase the chances for that fracking waste to make its way into the landfill and, as a result, the local watersheds.

County Landfill director Pantelis Panteli has said that the landfill has never accepted fracking waste and New York has strict environmental regulations in place banning hazardous waste from entering the landfill (although that is heavily refuted by the EANY report). He also said the county is required to monitor and test all incoming industrial waste to ensure it is not hazardous.

The legislature’s Public Facilities Committee will meet at 4 p.m. Monday, Nov. 9 in Room 331 of the Gerace Office Building to further discuss and act on the resolutions. They will also go before the full legislature for its consideration during its November voting session at 6:30 p.m. Wednesday, Nov. 18.

The meeting is open to the public and will provide a privilege of the floor for anyone wishing to speak on any of the items on the agenda, including the landfill expansion.

The Chautauqua County Landfill is located off Townline Rd. in the Town of Ellery. The county is seeking the state’s permission to expand the landfill by 53 acres to the west. The deadline for public input on the expansion request is Wednesday, March 11, 2015.

ELLERY – Wednesday is the deadline for the New York Department of Environmental Conservation to accept comments on the proposed expansion of the Chautauqua County Landfill in Ellery.

The county is seeking the state’s permission to expand the landfill by 53 acres. According to county officials, the expansion is needed to extend the life of the landfill by 20 years. Under the request, the county also says there is no plan to increase the amount of daily waste coming in, with the limit remaining the same at 1,883 tons per day.

County officials have said that the expansion will help to continue the landfill’s long-term viability as not only a revenue generator for the county, but also to help to keep local waste disposal costs down. The county makes money off the landfill by not only accepting trash from residents, but also construction and industrial waste from both local and out-of-state businesses. In addition, the county is able to convert methane generated at the landfill into electricity, selling that energy to the grid to create another revenue stream.

Concerns over Landfill Expansion

Not everyone is in support of the expansion project. The town of Ellery has come out against the expansion, citing several environmental concerns including surface and groundwater contamination, runoff and erosion affecting nearby waters and wetlands, noise and odor impacts, and changes to the surrounding natural landscape.

Other opponents of the project have also voiced concern that the landfill expansion could open the door for the county to seek permission to allow for accepting hazardous and/or radioactive waste – including out-of-state fracking waste. They also cite a recent report by the Environmental Advocates of New York (EANY) claiming New York doesn’t have a strict system in place for tracking industrial waste coming into the state, with some of it containing hazardous waste from fracking operations. The fear is that should the county expansion take place, it could increase the chances for that fracking waste to make its way into the landfill and, as a result, the local watersheds.

‘No Hazardous Fracking Waste’ in County Landfill

Ellery Town Supervisor Arden Johnson told WRFA Tuesday that they’ve specifically looked into the fracking concern and to the best of the town’s knowledge, no fracking waste is currently coming in. County Landfill director Pantelis Panteli also told WRFA Tuesday that the landfill has never accepted fracking waste and New York has strict environmental regulations in place banning hazardous waste from entering the landfill (although that is heavily refuted by the EANY report). He also said the county is required to monitor and test all incoming industrial waste to ensure it is not hazardous.

A report from the Pennsylvania Department of Environmental Conservation – the state where fracking waste would most likely come from if coming into New York – also found that during 2011-2013, fracking waste of any kind was sent to six New York landfills, none of which were in Chautauqua County.

Still, the Town of Ellery and other opponents have said they will continue to look into the issue of fracking waste, and if the expansion goes forward, it may request the continue add language that specifically prohibits fracking waste of any kind from entering the landfill.

Consequences of Not Expanding

According to Panteli, if the state denies the county’s request to expand the landfill, it would run out of room within three to five years if it continues to accept waste at the current rate of about a thousand tons per day. He said the county would likely take measure to extend that time period by reducing the amount of waste that comes into the landfill. As a result, the county would also increase waste disposal rates – which would have an impact on resident’s local garbage collection bills.

Current rates for the landfill currently are as follows:

• $28/ton for municipal solid waste;
• $33.50/waste for construction debris, and;
• $32/ton for non-hazardous industrial waste.

More details on the expansion project can be found on both the Chautauqua County and the NY DEC websites. The EANY’s 24-page report, entitled License to Dump, can also be found online.

Anyone interested in making a comment on the expansion can submit in writing to the DEC, which says ALL comments will be considered in making the final decision about issuance of the permit.

Written comments must be RECEIVED BY the end of the day on Wednesday, March 11. They can be sent via email to Dep.r9@dec.ny.gov or verbally submitted by calling the DEC office in Buffalo at (716) 851-7000.

Residents listen to library officials during a public meeting at the Prendergast Library in Jamestown on Feb. 28, 2012. The meeting allowed residents to voice their concerns and questions regarding the operation of the facility.

• Prendergast Library Forum 02-28-2012 – Part One (Complete Audio)
• Prendergast Library Forum 02-28-2012 – Part Two (Complete Audio)

[Updated March 2, 2012 @ 10:22 p.m.]

JAMESTOWN – Any decision being made at the James Prendergast Library regarding changes in operation or service is a decision being made in good faith. That’s according to Prendergast Library Board President Tom Price, who joined several other library officials Tuesday afternoon as they were met with over 40 residents who had questions and concerns regarding the future of the library.

The impromptu public forum allowed residents to ask library officials questions regarding various rumors that have been circulating in the public. Among the concerns was the hiring of new Executive Director Linda Mielke. Residents claim she’s had negative comments made about her in previous communities where she worked – including Indianapolis, where she was given a $70,000 severance pay after stepping down from her position.

“She basically – in many people’s eyes – destroyed the system in Indianapolis and Marion County Indiana,” said Jamestown resident Steve Lafreniere. “We’re not talking about [anonymous Internet forums] and people making comments, although there’s been a million of those as well. I’m talking about people who are patrons and who have an interest in this. Maybe I wouldn’t trust the comments of fellow librarians and if we don’t want to talk about the past, that’s fine. But it just seems very basic to me that there was something very strange about hiring this person this way.”

In response, Price said that the library had a hiring committee charged with looking at all the candidates, adding that he was confident they followed proper due diligence in reviewing Mielke’s past.

“The board of trustees trustees appointed a search committee – a very competent one – that spent the better part of a year interviewing different candidates several times. Investigating, following up on references. They were very good and very thorough people and we are happy with the decision that they made.”

Price also said he wouldn’t spend a lot of time addressing questions regarding Mielke’s past. Mielke, herself, was unable to attend last night’s meeting due to a prior commitment.

In all, Price and other library officials spent an hour-and-a-half answering questions that came from residents and from city council president Greg Rabb and councilman Michael Taylor, who both said they’ve received a lot of calls from residents regarding the library.

The meeting concluded only after officials answered over a dozen questions and laid to rest several unsubstantiated rumors. Afterward, Price said he was pleased to see such interest in the library and hopes that the meeting will led to future public forums and dialogue. The board president also said that any resident who has any questions or concerns regarding the operation of the budget can always speak to him or any other board member.

The next library board meeting will be on March 22 at 12:15 p.m. in the fireplace room of the library. It is open to the public.

A complete recap of the Public Meeting will be featured later this week on WRFA’s Community Matters Program (Thursday at 6 p.m.).

CATTARAUGUS COUNTY SHERIFF’S OFFICE IDENTIFIES REMAINS FOUND IN 2009

LITTLE VALLEY – The Cattaraugus County Sheriff’s Office says a A new form of DNA testing allowed for the identification of human remains that were found in 2009.  Sheriff Timothy Whitcomb held a press conference Tuesday on the identification of the remains, identified as belong to 45 year old Traci Douglass, 45 of Salamanca. Her remains  were found on the Kinzua Reservoir in 2009. Whitcomb said his office will now continue its investigation as it treats the case as an unnatural death.

The sheriff’s office is asking anyone with information regarding the missing woman or the case to call Detective William Welling at 939-2276. All calls will be handled confidentially.

HUNTER HIT BY TRAIN IN PORTLAND

PORTLAND – A hunter was killed by a train Tuesday morning in the town of Portland.

The Chautauqua County Sheriff’s Office was called to East Forest Avenue at 9:20 a.m. after a train hit a person walking on the tracks. According to Sheriff Joseph Gerace, Giovanni Faso, 68, of 206 Heat St., Tonawanda, was hit by the train while hunting. The collision threw Faso almost 30 feet from the tracks.

Gerace said five hunters from the Tonawanda area were rabbit hunting near the Norfolk and Southern train tracks at the time of the accident.

Faso was pronounced dead at the scene by coroner Richard Mackowiak. His body was taken to the Erie County Medical Center for an autopsy.

FIRST MEETING ON COUNTY LANDFILL TAKES PLACE IN ELLERY

ELLERY – Chautauqua County, Ellery and Gerry officials are working together with residents who live around the county landfill in Ellery to address residents’ issues. That’s according to today’s Jamestown Post-Journal, which reports that during the first in a series of public forums on the Chautauqua County Landfill, Gerry and Ellery town officials and residents met with county representatives to discuss what needs to be done to set a baseline for the four main landfill issues – odor, litter, traffic and watershed concerns – and move forward to help resolve them.

The next public forums on the Chautauqua County Landfill is set for Tuesday, April 24, at 7 p.m. at the Ellery Town Hall.