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Albany gets stronger message on landfill

Published:October 7, 2009, 8:00 AM

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Updated: August 21, 2010, 2:23 AM

LOCKPORT—The Niagara County Legislature on Tuesday sent a message to state leaders that expanding the hazardous-waste landfill in Porter is "contrary and damaging" to its economic-development efforts.

The Legislature unanimously pushed through a resolution late Tuesday that strengthened earlier stances it has taken against expanding CWM Chemical Services in Porter. The latest resolution added economic development to the list of reasons why it opposes the expansion plan.

The resolution states that "hazardous- waste landfill operations have adverse affects on real estate values and are deterrents to other safer and more sustainable types of economic investment and development."

Amy Witryol, a Lewiston resident and a vocal critic of expanding the hazardous-waste landfill, said the resolution makes it clear to "any regulator" that the county does not believe the facility is good for economic development.

"Im very pleased with the resolution because it removes any ambiguity specifically about economic development and hosting this type of industry," Witryol said.

The resolution passed as the New York Power Authority reconsiders how its allocates low-cost power, and Witryol said she hopes the Legislatures resolution could play a role in convincing the authority that the

CWM landfill does not meet the criteria for receiving low-cost power.

Witryol said the landfill has received low-cost power since 1999, but she believes that it should not be eligible because the number of jobs at the site is not based on how competitive the landfill can be, but rather the capacity of the facility allowed by regulators.

"Making it less expensive for hazardous-waste facilities to do business in New York is not good economic-development policy," Witryol said after the Legislatures meeting.

In 2003, CWM applied for a permit to build additional landfill capacity on a 50-acre section of its 710-acre Balmer Road site. That proposal is undergoing a state review process.

In other business Tuesday, Legislature Chairman William L. Ross, C-Wheatfield, sent a proposal to the Legislatures Public Safety Committee that would stiffen penalties for adults who serve alcohol to underage youths.

The proposal by Legislators Peter E. Smolinski, R-North Tonawanda, and Anthony J. Nemi, I-Lockport, would create an ad hoc committee to examine whether the county needs a "social host" law to deter adults from serving alcohol ti minors. Ross said he believes that the Community Safety and Security Committee could work on such a law, rather than creating an entirely new ad hob committee.

"I feel that the . . . committee could do the same job and do it more quickly," Ross said.

Sheriff James C. Voutour said last week that there already are laws to penalize adults who serve alcohol to minors.

In addition, the Legislature confirmed the appointment of political newcomer Barbara L. Zellner, a Democrat, to fill the seat of former Legislator Andrea L. McNulty until the end of the year.

Zellner, 41, of Witmer Road, North Tonawanda, was sworn in at the beginning of Tuesdays meeting to represent the 9th District. McNulty resigned Sept. 1 after moving out of the district.

Phillip R. Rizzo, an Independence Party member endorsed by the Republicans, and Christopher Perna, a Democrat, are the candidates for the full two-year term to be chosen in the Nov. 3 election.

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