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GREAT VALLEY - About 80 people showed up for a special Tuesday meeting of the Great Valley Town Board to discuss a proposed 3-acre landfill and recycling facility for construction and demolition debris on Route 98, about three miles northeast of the intersection of Route 219. The landfill is the proposal of Ellicottville construction contractor and developer John D. Northrup. And while many said they trust and like Northrup, that wasn't necessarily the case with the landfill.
Though a 1990 town law prohibits dumping and storage of wastes, J.D. Northrup Construction Co. representative Tom Reed told the group he believes it doesn't apply to the facility. The town Planning Board is also empowered to review site plans for new development, another procedure necessary for the project to proceed. Town Supervisor Anthony T. Barrile said the meeting is an opportunity to obtain information about Northrup's plans and to receive comments from the town residents.
He also said the board must decide whether the idea is sound, but does not know when or if the board members will make that determination. Town Attorney Ron Ploetz, asked whether the law will be changed as a result of the proposal, would say only that the issue is a decision for the Town Board. The board members declined to state their positions on the issue.
"It's up to the Town Board," said Reed, adding that he expected opposition to the proposal - his own idea to reduce the cost of structural demolitions the company performs often in the area. He said the company often buries demolition waste on the site to save transportation and disposal at a commercial landfill, receiving compliments for keeping the community clean but making "lots of little landfills all over the place." Reed said the idea was his own, but also stated the company didn't intend to force the issue. Reed and consultant Paul Werthman of Turnkey Environmental Restoration said the hoped-for landfill would also be open to other disposers for a fee, and would provide an opportunity to sort and recycle masonry, asphalt, metals and other materials. It would, however, screen asbestos, garbage and contaminants.
The facility, to be situated on a 260-acre farm adjacent to a junkyard, would be operated for eight to 10 years, accepting 10 to 20 dump truck loads weekly. Some of those present raised the possibility of a future sale of the site and questioned what would be done with the remaining 257 acres. Northrup told them he has other plans for that land, including storage of equipment and materials.
Others pointed to the public's broad support of the landfill prohibition and expressed fears of future drinking water contamination, the possibility that hazardous materials might find their way into the facility, accidents caused by excessive speeds of Route 98 traffic, and other impacts, such as dust and noise.
Several recalled the failure several years ago of a zoning ordinance and urged those present to support a new zoning proposal that would prevent unwanted land uses. Some in the group asked if acceptance of Northrup's proposal would set a precedent for other landfills.
Barrile said there are no plans for further public discussion of the matter. The subject may or
may not be raised at the Town Board's March 13 meeting.
GREAT VALLEY - J.D. Northrup Construction of Ellicottville is shelving its plan to develop a three-acre construction and demolition debris landfill on farmland several miles east of the hamlet.
Company officials, who presented their plans in a public information session before the Great Valley Town Board last Tuesday night, decided to withdraw the proposal after receiving a phone call from town Supervisor Anthony T. Barrile last Wednesday, officials said. In the phone conversation, Barrile reportedly noted that most of the Town Board would not support the project.
While the proposal had received a mixed reception from residents attending the Town Hall hearing, it had also faced other hurdles. An 11-year-old law banning landfills would have required an amendment and a review by the town Planning Board.
Tom Reed, of J.D. Northrup Construction, said Monday that he sensed a lack of support for the project from the beginning.
"I am disappointed," he said. "We think it was a good idea and we were confident that we could make it a good thing for the county. But we're somewhat disappointed."
A closing on the overall 260-acre agricultural property is scheduled next week. Reed said the
company is considering their options for the site.
State and federal governmental officials owe residents of the Town of Cheektowaga an explanation.
The town's elected leaders and residents have been trying, in vain, to find out whether debris dumped in a Cheektowaga landfill two years ago was radioactive. So far, they haven't been able to get any clear answers from the U.S. Corps of Engineers.
The Corps claimed in 1998 that it was safe to dump construction debris from a radioactive waste cleanup site at the Shultz landfill at Indian Road and Broadway. However, the corps certainly did nothing to engender confidence when it first accepted a consultant's report that it dumped about 25 tons of debris and then changed its mind and said the actual amount was about 6 tons, with the other 19 tons going to a landfill in Erie, Pa.
Making matters worse, the corps didn't tell the DEC or local officials that it had dumped anything in Shultz until well after the fact. And the DEC, which learned about the Shultz dumping in April 2000, didn't tell local officials about it until about seven months later. It's easy to see why there's a credibility gap here.
The Town Board has acted responsibly in unanimously asking the state Department of Environmental Conservation to see that Shultz caps and seals the dump until it's been determined whether radioactive material exists on the site. If radioactive material is present, they want the state to have it removed. And the state should do exactly that if radioactive material is found.
The dumping of radioactive material in close proximity to a residential area is irresponsible, to say the least. And if residents' fears turn out to be well-founded, this dumping would be just one of the ongoing injustices done to Cheektowaga citizens.
There's also the issue of one of Western New York's biggest and busier stone quarries, the Buffalo Crushed Stone quarry off Como Park Boulevard and Union Road. The Town Board called for the temporary or permanent closure of that quarry until it can be determined if blasting causes leachate from hazardous waste buried in three nearby landfills to seep off site into the water table and streams.
An environmental health expert already has told residents of the Bellevue section of Cheektowaga that they have reason to worry about the three landfills in their back yard. Dr. Jamson S. Lwebuga-Mukasa of Buffalo General Hospital and the University at Buffalo said that the clay caps on the landfills do not stop toxic leachate from entering the water table and possibly seeping to the nearby Buffalo Crushed Stone quarry. Several hundred thousand gallons of water are pumped each day from the quarry to Cayuga Creek, which flows through residential neighborhoods on its way to Buffalo Harbor.
Given the precarious position that Bellevue residents find themselves - suffering a spate of respiratory illnesses and cancer - it's easy to understand why they call their neighborhood the town's "toxic triangle."
In both cases, the quarry and landfill, residents deserve strong assurances from both the state
and federal governments that they have not been put at risk.
Residents who have called their neighborhood the "Toxic Triangle" have filed a nearly $400 million lawsuit against the owners and operators of three nearby landfills and a quarry they allege are responsible for pollution they believe has caused sickness and death in the area.
Thirty-nine current and former Cheektowaga residents also name a number of waste haulers and corporations that allegedly dumped toxic waste in the landfills over the past four decades, although their attorney, Linda Sikka, said the current list of 23 defendants could change. "I'm disappointed that it had to come this far," said Donna Hosmer, a neighborhood environmental activist and one of the plaintiffs.
"I do not look forward to the months and years ahead, but I feel justice will be served and the residents who have or will suffer pain and loss will be compensated," said Hosmer, who suffers from lupus she blames on pollutants in her Bellevue neighborhood.
The lawsuit filed in State Supreme Court, which seeks about $394 million in damages, claims that various toxic gases, chemicals and other hazardous substances from the dumps and quarry have contaminated the air, ground water, streams and soil in the town's Bellevue neighborhood, causing "illness, disease, emotional strain and even death."
In addition to damages, it also asks the court to order the companies to set up a trust fund "to provide adequate medical monitoring" for the plaintiffs.
"Medical coverage must be ensured," Hosmer said. "Those who in the years to come suffer illness from exposure now should not fear that the lack of proper medical treatment will shorten their lives."
Among those listed in the lawsuit are: Buffalo Crushed Stone, which owns and operates a 90-acre limestone quarry off Como Park Boulevard in Bellevue that is one of the Buffalo Niagara region's busiest. Integrated Waste Schultz Landfill, which owns the 20-acre Schultz construction and demolition landfill on Indian Road. Casella Waste Management of New York and its subsidiary, Schultz Landfill, which obtained the "air space" rights to the unused section of the Schultz Landfill. BFI Waste Systems of North America, which owns the now-closed Land Reclamation Landfill that partially surrounds the Schultz Landfill.
Also named in the suit is the "Old" Land Reclamation Landfill, which abuts the Land Reclamation Landfill and is closed. The two Land Reclamation landfills are spread over about 110 acres and are listed by the state as inactive hazardous waste disposal sites.
Jamie Hypnarowski, senior vice president for Buffalo Crushed Stone, said his company would withhold comment on the lawsuit until its lawyers are able to review it.
Peter G. Ruppar, an attorney for Integrated Waste Schultz Landfill and Integrated Waste Systems, said he has not seen the lawsuit and also would reserve comment until he reviewed it. Ruppar did say last week that he had no knowledge of any toxic or other material violating the state permit going into the dump, and he pointed out that there were several owners of the site before Integrated Waste Schultz Landfill took over. "To our knowledge, there's been a landfill there for many, many years before Integrated became the permanent operator," he said.
Vincent J. Grandinetti, western region engineer for Casella Waste Management of New York, which has had exclusive rights to the remaining space in the Schultz landfill for the past year, denied that any hazardous waste has been dumped there in that time. "We are not the operator, but I can categorically tell you that we have not provided any waste to that facility that was not permitted under (state) regulations," he said.
Sandra DiSalvo, regional environmental manager for BFI Waste Systems, had no comment.
The suit comes almost a year after a survey by a homeowners association turned up seemingly high rates of respiratory ailments, autoimmune diseases, thyroid problems and cancer in families living within a mile of the quarry and landfills.
The defendants "knew, or in the exercise of reasonable care should have known, that the gases and other toxic and hazardous substances and chemical waste products disposed of were . . . escaping from the quarry and the disposal sites and contaminating the air, the waters above and below ground, and the soil in the surrounding areas," the suit says.
Sikka, the plaintiffs' attorney, said she was reluctant to discuss specifics of the lawsuit because "it's all very preliminary." She said she has 20 days to amend the lawsuit, but could seek additional time from the court. She said she has 120 days to serve defendants. "There's so much that can change, even in the next couple of weeks," she said, adding that she is seeking "additional information that may cause me to remove or add certain defendants."
Cheektowaga Town Council Member Thomas J. Johnson, who has followed the landfills and quarry issues for years, said he hopes the lawsuit results in a complete understanding of the environmental impacts in the Bellevue neighborhood.
"If any of these toxins were deposited at any of these sites and if any of the activities at Buffalo Crushed Stone in truth have caused illness, I would hope what the suit accomplishes is to bring out the truth and levy the responsibility where it should lie," he said.
The 39 plaintiffs include 26 adults and 13 of their adult or minor children who live or formerly lived in the Bellevue area. The suit seeks $10 million for each plaintiff in punitive damages for alleged "reckless, wanton and grossly negligent behavior." Twenty-two of the residents are asking for an additional $100,000 each in compensatory damages for alleged devaluation of their properties, while each plaintiff also seeks $50,000 in "nuisance" damages.
The suit also asks the court to order the companies to pay for a cleanup of the sites. Some of those listed in the lawsuit, including Sharon M. Kaczmarek, are sick. Kaczmarek, who is Hosmer's sister, insists her illnesses are related to the quarry and landfills. "Absolutely, without a doubt," said Kaczmarek, who was a physician assistant with a thriving practice until she was disabled by lupus, an autoimmune disease, as well as severe degenerative arthritis, thyroid disease and diabetes. She said she was 19 when her mother built the family home on Old Farm Court, across Cayuga Creek from the landfills and about a half-mile east of the quarry. She has spent 15 years in the Bellevue area. "We were very exposed to the ground water and dirt. We planted shrubs and grass. We played in that dirt, my daughter and I, a lot of years," said Kaczmarek, who now lives on Como Park Boulevard in Bellevue.
Her daughter, Rebecca A. Kaczmarek, has spent 14 years in Bellevue. Only 23, she has migraine headaches and proteinuria, which her mother said is an early harbinger of lupus. A neighbor and another plaintiff, Kathy Sloma, also has health problems in her family, but isn't certain why. "I can't say anything definite until there's more proof, but it's definitely a cause for worry," said Sloma, who moved to Old Farm Court from West Seneca about 14 years ago.
Sloma said she has rheumatoid arthritis. One son suffers from severe migraine headaches, while another has bouts of dizziness, and doctors have not been able to pinpoint the cause. "I'm just concerned about my family's health," she said.
In addition to the quarry and landfills, a number of corporate defendants are also listed. The suit says the companies "were all generators of the toxic, hazardous waste that was deposited" in the landfills, or hauled the material to the landfills.
According to state documents, the Old Land Reclamation Landfill accepted hazardous waste during the 15 years it operated from 1960 to 1975, is known to be contributing to the contamination of ground water, surface water and soil and that "numerous iridescent leachate seeps breach the site's south side and flow directly into the creek."
Ground water under the "new" Land Reclamation Landfill also contains above-standard levels of benzene, chlorobenzene, and chloroethane, according to the state Department of Environmental Conservation's Inactive Hazardous Waste Disposal Report of 2000. All of those substances are toxic, and exposure can cause physical injury, according to the lawsuit.
A review by The Buffalo News of records for the Schultz Landfill indicated that polychlorinated biphenyls (PCBs), a now-banned combination of chemicals that were used primarily as coolants but have been shown to cause cancer in animals, have been found in the landfill.
The review also indicated that the monitoring and leachate pumping system installed to help keep tabs on the site wasn't working properly less than a year after its installation, and isn't removing as much leachate as state officials hoped it would.
The state Department of Environmental Conservation is negotiating with Integrated Waste Schultz Landfill to close the dump, according to DEC regional solid and hazardous materials engineer Frank Shattuck. "We want to head in the direction of closure, no doubt about it," he said. "We need to get the landfill closed. They (the operators) understand that. My sense is they're in synch with this." Ruppar, the attorney for Integrated Waste Schultz Landfill, agreed. "We've reached the point (in negotiations) where we are prepared to address closure in a consent order," he said. The area near the landfills also has a 3-acre waste transfer station, a scrap yard and an abandoned railroad spur. Cayuga Creek, which is a tributary to Buffalo Harbor, meanders through the area between the landfills and the quarry. "The (state) report indicates that surface water . . . and leachate seeps . . . contain elevated (levels of) barium, lead, zinc, analine and phenols." Also, tests of surface water and sediment immediately downstream from the dump indicate it is contaminating the creek, the suit claims. A number of substances found in ground and surface water near the dumps exceed state standards and can cause "serious personal injuries, disease or death to persons coming into contact with them," it says.
The suit notes that breathing air contaminated by two of the substances identified in the area can cause "eye and throat irritation, or more severe effects such as decreased movement and dizziness." When the creek rises, neighbors living next to it say it's not unusual to find wooden pallets, tires, fiberglass insulation, Styrofoam and paper washed up in their backyards, according to the complaint.
Buffalo Crushed Stone's quarrying operations involve pumping water from deep layers of rock,
releasing hydrogen sulfide fumes and dust into the air. The lawsuit claims hydrogen sulfide
reacts with water to form caustic sulfides that irritate mucous membranes and can trigger asthma
attacks.
"Long-term exposure to hydrogen sulfide, even at very low levels, can result in poor lung
function and other health problems," it says.
Neighbors also charge that their homes have sustained "severe cracking" from rock-blasting at
the quarry.