Tompkins Co Leaders and Enviro Advocates: Keep Drinking Water Safe!

Seneca Lake Guardian to fight DEC decision to permit new waste transfer facility

ITHACA, NY (09/09/2022) (readMedia)-- Seneca Lake Guardian (SLG) is committed to keeping the drinking water of Tompkins County safe. To pursue that important goal, SLG will challenge a New York State Department of Environmental Conservation's (DEC) recently issued permit for the construction and operation of County Line Materials Recovery Facility -- a waste transfer facility to be built in Schuyler County. In its permit application, County Line described how it will handle the incoming waste and outgoing wastewater. The facility will accept municipal and commercial garbage and construction and demolition debris. Most notably, PFAS (per- and poly- floral alkyl substances) - chemicals known to be hazardous to human health - are commonly found in the types of consumer and industrial products that County Line will accept.

Liquids in the waste and precipitation leach from the waste and create what is called leachate. This leachate is likely to be contaminated by the PFAS. But instead of rejecting the permit, or requiring County Line to test and treat for PFAS, DEC approved County Line's plan to truck that leachate to Ithaca's Wastewater Treatment Facility. DEC approved the permit even though County Line did not satisfy the application requirements and Ithaca Wastewater Treatment facility has not agreed to or approved the plan.

County Line should have, but did not prove, that Ithaca or any other wastewater treatment facility could legally accept PFAS-contaminated process water. Seneca Lake Guardian, Schuyler County and New York's US Senators all objected to County Line's plans but DEC issued the operating permit to County Line anyway. Egregiously, DEC did so without consulting the Ithaca Area Wastewater Treatment Facility. DEC also refused to recognize that the trucking company identified by County Line was not authorized to transport industrial waste or permitted by Ithaca to bring it to the facility.

DEC is obligated to adhere to its own regulations as well as state and federal law but it declined to do so here. Seneca Lake Guardian will challenge the permit and insist that all permitted facilities are protective of drinking water sources.

To check out data on the safety of your drinking water, visit the New York State drinking water database: https://apps.health.ny.gov/statistics/environmental/public_health_tracking/tracker/index.html#/waterMaps

"DEC ignored that County Line is a likely source of PFAS and issued an operating permit anyway. We plan to challenge DEC's decision while remaining vigilant in partnership with the treatment facility in an effort to protect our drinking water," said Vice President of Seneca Lake Guardian Yvonne Taylor.

"We want to assure residents that the Ithaca Area Wastewater Treatment Facility has and will continue to engage in rigorous testing and compliance with the law to protect Cayuga Lake as a high quality drinking water source that people can feel confident about," said Cynthia Brock, Chair of the Ithaca Area Wastewater Treatment Facility Special Joint Committee.

"Exposure to toxic forever chemicals known as PFAS is a growing issue that threatens the drinking water of New Yorkers across the State. I'm glad that Seneca Lake Guardian will fight to reverse DEC's lackluster decision to issue a permit that erroneously directs these chemicals to go to a wastewater facility that is not permitted or allowed to accept industrial waste in the first place, protecting the drinking water sources of Ithaca residents. We must continue this kind of work across the State," said Assembly Member Anna Kelles.

Background

In September of 2020, Seneca Lake Guardian submitted comments to the DEC registering a number of concerns about County Line's proposal, along with a letter to Governor Cuomo and DEC Commissioner Seggos. Also in September of 2020, SLG reported violations by the applicant of the facility to the DEC. In December of 2020, SLG sent an organizational sign on letter to Governor Cuomo, which included Cayuga Lake Watershed Network and Cayuga Lake Environmental Action Now as signatories, urging the denial of County Line's permit. In April of 2021, renowned environmental law firm Earthjustice submitted comments on behalf of SLG to the DEC expressing concerns about the revised permit, stressing that the facility would be producing leachate containing PFAS and that the lack of an acceptable plan for dealing with this leachate was unacceptable. SLG was able to get the Schuyler County Legislature to pass a resolution opposing the construction of County Line's facility and to get both Senators Schumer and Gillibrand to submit a letter sharing their concerns about the facility with the EPA. Regardless, DEC quietly approved the plan that effectively ignored SLG's and others' concerns. Seneca Lake Guardian is investigating a challenge to the permit.

PFAS are chemicals that accumulate in the environment and can be hazardous to human health. These chemicals have been used in both industrial and consumer products since the 1950s, like nonstick cookware, water-repellent clothing, stain resistant textiles, fire-fighting foams, adhesives, and even some food packaging. They are pervasive in our economy, wastestream and throughout the environment. Fortunately, legislatures and regulatory agencies are now starting to acknowledge these risks and take steps to protect public health.

About Seneca Lake Guardian

Seneca Lake Guardian is a New York State Not-for-Profit Corporation with 501(c)(3) and is dedicated to preserving and protecting the health of the Finger Lakes, its residents and visitors, its rural community character, and its agricultural and tourist related businesses through public education, citizen participation, engagement with decision makers, and networking with like-minded organizations.