This story was originally published Oct. 1, 2009.

The state needs no additional capacity for its hazardous waste, and the distribution of facilities that handle such waste is "relatively geographically equitable" — even though the only such landfill is located in Niagara County, state environmental regulators said Wednesday.

The latest draft of the "Hazardous Waste Facility Siting Plan" moves one step closer to a decision on the proposed expansion of CWM Chemical Services in Porter.

The state Department of Environmental Conservation — directed by the State Legislature in 1987 to develop guidelines for the treatment and disposal of toxic waste — had issued its previous draft in July 2008.

That version, as well as one from 2003, also asserted that hazardous waste facilities — landfills and sites used for storage and treatment—are spread fairly around the state.

That issue has long been a source of concern for area residents and lawmakers, partly because the agency does not differentiate between types of facilities when considering the question of equitable distribution.

An assertion of geographic equity ignores the millions of tons of waste that have been buried in northwestern Niagara County in decades of landfilling activities, said Amy Witryol of Lewiston.

"We cant get rid of this stuff," she said, referring to the waste buried at the CWM landfill, a site that has operated under several owners since the early 1970s.

Witryol contends the lastest draft ignores the comments she made last year on the previous draft, when she requested that regulators specify the amount of hazardous waste already in each region.

That information, she theorized, might have been excluded "because we have 8 million tons and everyone else has zero."

The agency did not immediately return a call seeking comment.

The states plan draws a strong conclusion about the need for new facilities, saying at least 20 years of capacity remains available.

"The principal finding of the plan is that, based on present national capacity, there is no need for additional hazardous waste management facilities in New York," the plan reads.

That conclusion was welcomed by Gary Abraham, an attorney who represents Niagara County in its efforts to prevent an expansion at CWM.

"We have to be happy with the primary finding," said Abraham, who also noted he was "guardedly optimistic" about what the plan may hold, in the end, for the county.

In 2003, CWM applied for a permit to build additional landfill capacity on a 50-acre section of its 710-acre Balmer Road site. Under a state law passed in 2005, the DEC cannot review the application without a final siting plan.

A series of 10 public hearings has been scheduled across the state, including Nov. 18 in Niagara Falls and Nov. 19 in Lewiston.

CWM was reviewing the latest draft and had no immediate comment, spokeswoman Lori Caso said.

Assemblywoman Francine DelMonte, D-Lewiston, said she plans to ask the DEC to extend the length of the comment period from the currently allotted 75 days.

DelMonte — who said she appreciates the agency acknowledging the lack of further need for capacity "in bold print" — said she wants to allow at least four months for comments, the amount of time permitted for review of the last draft.

State Sen. George D. Maziarz, R-Newfane, said he doesnt believe much has changed from the last version of the plan.

"The hazardous waste siting plan," Maziarz said, "really indicates the DEC wants to send hazardous waste to one place: Niagara County."