Many people are aware that Binghamton is the epicenter for proposed fracking in New York State. Although there would not likely be any fracking in the City of Binghamton itself, the stand that Binghamton takes on fracking in the Southern Tier sends a powerful message about the willingness of local residents to either allow or oppose fracking. For the last 8 years we have been blessed with a very strong anti-fracking/pro-environment mayor - Matt Ryan. The choice of his successor is a crucial one to the anti-fracking fight. That is why NYRAD chose to ask each of the mayoral candidates to define their stands on this issue. Please read the alert below and most importantly, TAKE ACTION by assisting the candidate who reflects your concerns. There are only 8 days left before the election, and remember that anyone who is concerned about this issue can help with getting out the vote, phone banking, or other ways of volunteering.
Sincerely, NYRAD (New York Residents Against Drilling)
ALERT ALERT ALERT ALERT ALERT
Voter Education Alert Regarding Shale Fracking
One of our most important Democratic rights is casting votes to elect government officials. In the next nine days, alerting and educating voters to a major electoral contest in the City of Binghamton could determine the course of shale fracking public policy decisions in New York State. You are urged to take immediate action to learn about this critical race and to participate in deciding its outcome fairly and democratically. See information below.
Hugely Important Race for City of Binghamton Mayor: Democrat Teri Rennia versus Republican Richard David
One of New York's most dedicated and effective shale fracking activists these last four years has been the most honorable Matthew T. Ryan, the Democratic Mayor of Binghamton, NY. Thanks to Matt's incredible leadership on the front lines, his Southern Tier city has become the epicenter of the national shale fracking debate.
Unfortunately, all good things must come to an end. Matt's term of office finishes on 12/31/13 after eight great years of service to his hometown. Since he is term-limited, the election for his successor will be decided in nine days on 11/5/13.
The candidates to succeed Matt are Democrat Teri Rennia, who is the current Binghamton City Council President, and Republican Richard C. David, a former Deputy Mayor of Binghamton and local businessman.
NYRAD (New York Residents Against Drilling) sent both Binghamton mayoral candidates a detailed environmental questionnaire on 10/11/13 with a response deadline of 10/16/13. The candidates were asked to spell out their positions on Marcellus Shale Gas Fracking, Brownfields redevelopment and other critical environmental concerns so that voters could understand their positions on key environmental issues.
Only Teri Rennia answered the Environmental Questionnaire by the requested deadline. Mr. David did not respond to NYRAD's written request for information about his environmental positions.
Ms. Rennia made her shale fracking concerns known in an open, transparent way. She spelled out an array of concerns about shale fracking hazards that could impact Binghamton's urban neighborhoods. She referred to her City Council support for a two-year fracking moratorium in the City of Binghamton.
She supports New York's current shale fracking moratorium as well as putting the DOH "health impact analysis" Review on-hold.
She supports undertaking a comprehensive shale fracking "Public Health Impact Study."
She opposes conducting shale fracking on a "demonstration basis."
Ms. Rennia also wrote to outline concerns about sustainable energy and climate change.
You are invited to read her detailed Environmental Questionnaire response.
Take Action Today to Exercise Your Democratic Rights: Volunteer, Contribute, Get Out the Vote, Talk to Your Neighbors, Cast Your Ballot for the Binghamton Mayoral Candidate of Your Choosing.
A large section of the LNG regulations WERE NOT WRITTEN by the DEC.
They were written by an industry trade organization called NFPA:
the National Fire Prevention Association, and are "incorporated by reference" into the law.
Only problem: The PUBLIC LAWS (which the regs form a part)
are public property and subject to Sunshine Laws.
Whereas the NFPA's codes are INTELLECTUAL PROPERTY(trade secrets).
(Can't make this stuff up, folks!)
These documents are online, but
a) they cannot be browsed anonymously
b) they are not controlled by public process, or the legislature
c) they cannot be searched
d) and cannot be printed or downloaded.
Oh, one more thing:
I have discovered the NFPA has connections to the American Petroleum Institute.
(Surprised?)
Might want to mention this in your comments to the DEC.
THE DETAILS:
Due to the work of Bill Moyers and the Center for Media and Democracy,
many people by now have heard about ALEC, the American Legislative Exchange Council.
NUTSHELL: ALEC is a group of businessmen and legislators who write business-friendly laws behind closed doors.
Many state and federal laws were ALEC bills.
Here's something I have uncovered which seems very related to ALEC:
I have found two instances now where regulations which govern the Oil and Gas industry are written by the industry themselves,
by way of "industry standards organizations", which create
standards documents which are then incorporated-by-reference into the regs.
Interesting facts about these documents:
Written and controlled solely by industry, without any government oversight
Copyrighted, intellectual property, not subject to FOIL or Sunshine Laws
Difficult or impossible for the public to inspect.
Internet versions cannot be
browsed anonymously.
saved, or downloaded,
printed, or searched
Example 1:
I live in upstate NY, and for 5 years we've been fighting the encroachment of
the gas industry which wants to frack us beyond recognition.
While researching pipelines and compressor stations I found something
very odd. Some pipelines (e.g., Millennium) are contained wholly in one state,
but are regulated by the Federal Energy Regulatory Commission (FERC).
Other pipelines (e.g., Bluestone, and Laser) cross a state line, but are
NOT regulated by FERC.
Also, I noticed some real funny business regarding compressor stations.
Most of the largest compressor stations in our area are NOT scoped
by FERC, even though they are an essential component of big interstate
transmission lines. What gives?
After months I found the answer:
FERC apparently only has jurisdiction over interstate transmission lines.
They do not regulate any pipelines or compressors which are part of
a "gathering line system".
So who do you think defines what is a "gathering line system"?
Is it Congress? NOPE!
Is it FERC? No.
It's the American Petroleum Institute (API) in their document API RP80 which is incorporated by reference into the regs!
As you try, please take note if you can a) browse anonymously, b) search, c) download, or d) print this document
So because FERC has allowed the OIL+GAS INDUSTRY to decide the
demarcation between a gathering line and a transmission line (i.e.,
NOT Congress or FERC), this monstrosity (photo below), the 53 acre
"Williams Central Station" was allowed to be constructed by the (industry captured) Pennsylvania Department of Environmental Protection, while the pipeline
which it will charge (the "Constitution Pipeline") is still in the Environmental
Impacts Study of FERC permitting process!
Note Well: Some of the WORST Environmental Impacts of gas pipelines comes from compressors,
which are -- due to this ALEC-like mechanism, NOT SUBJECT to FERC review!!
Example 2:
NY state, out of the blue, wants to pass regulations for Liquified Natural Gas(LNG)
storage, and transportation, after a ban for nearly 40 years. (The ban was provoked by a terrible tank explosion Staten Island in 1973 which killed 40 workers).
So many of the NYers fighting fracking have shifted gears and are examining
these LNG regulations.
Guess what! All of the fire-safety regulations are written by the National Fire Prevention
Association (NFPA), are incorporated by reference into the NY DEC regulations.
Again: these documents are trade secrets! They cannot be downloaded, searched, printed, or browsed anonymously.
Same exact thing!
Please Note: The American Petroleum Institute is a member of ALEC.
Not sure about NFPA... but there is certainly connections between NFPA and API:
OSHA Trade Release March 29, 2004 Contact: Bill Wright Phone: 202-693-1999
American Petroleum Institute / National Fire Protection Association Sign Joint Alliance with OSHAHighlights Safety and Health at Petroleum and Petrochemical Liquid Storage Facilities
WASHINGTON -- The Occupational Safety and Health Administration (OSHA) signed a joint Alliance today with two organizations to promote safe and healthful working conditions for workers in the petroleum and petrochemical industry.
The Alliance unites the American Petroleum Institute (API) and the National Fire Protection Association (NFPA) with OSHA on efforts to ensure workers in the industry are armed with the training, knowledge and guidance to ensure their safety and health.
"Our goal is to ensure that workers in this industry have every tool they need to ensure they can do their job productively and safely," said OSHA Administrator John Henshaw. "The petroleum industry does have the potential for catastrophic workplace incidents. Through this cooperative effort with API and NFPA, we're establishing a solid foundation on which managers, supervisors and workers can build to ensure the safety of all those involved in this important industry."
...
Remember: The purpose of regulations is for the state to make demands upon industry regarding public and workplace safety and environmental safeguards.
Regulations generally carry the force of law.
How can this work when the industry being regulated writes large parts of the regulations?
We began as an offshoot of NYRAD, New York Residents Against Drilling.
Like the Blue-On-Blue Lawn-sign: "Friends of Clean Air and Water -- Join Us!",
our focus is on positive, shared values -- not just what we are against.
If we are against fracking--or some new thing--
it is only because it is a threat to that which we hold precious:
Clean Air and Water!
WE AFFIRM this movement must be 100% committed
to the principles of Non-Violence.
Many people in NY who look into the law seem to get frustrated in trying to figure out whether a pipeline project is scoped by FERC, or by the NY State Public Service Commission.
It turns out the law involved (Public Service Law Article VII) is rather complex. Listen along to what Jim Austin says while looking
at the chart below.
You have to know three things about your pipeline to tell if it is regulated. a) the pressure, b) the length, and c) the diameter of the pipe.
First, you have to determine whether the pipeline is scoped by FERC or not.
FERC Jurisdiction
The Federal Energy Regulatory Commission (FERC) generally governs any Natural Gas
Transmission Line system which
a) (1) crosses a state line, or (2) connects to another interstate transmission line, and
b) is "not part of a gathering line system".
An example of the (a)(2) clause is the Millennium Pipeline, which is wholly contained in NY State, but is considered an interstate pipeline system by the FERC.
Who decides whether a pipeline is a transmission line or part of a gathering line? HINT: It's not FERC, and it's not the U.S. Congress.
Give up? It's the American Petroleum Institute (API) in their document RP80, which is "incorporated by reference" into FERC's regulations. See: 49 CFR § 192.8 If the pipeline is not scoped by FERC, then it MAY be scoped by the NY Public Service Commission (or maybe not).
NY Public Service Commission
The governing law is NY Public Service Law, Title 7, §120, §120-a. and §121.
FIRST: Check the table:(You must know length, pressure, and pipeline diameter)
§ 122
§ 122
Does
the NY Public Service Commission Regulate Pipeline (x)?
Length of Pipeline
Less than 1000'
at least 1000'
but less than 5mi
at least 5mi
but less than 10mi
10 mi or greater
pressure
less than 125
psi
UNREGULATED
UNREGULATED
UNREGULATED
UNREGULATED
125 psi or more
UNREGULATED
6" or less in diameter
Small: §121-a(2) Note-1
Medium: §121-a(3) Note-2
Large: "Full Blown Article-7" §122
greater than 6"
Medium: §121-a(3) Note-2
NOTE: §121-a(2) and §121-a(3) are considered FAST TRACK. PSC must respond within a certain time or else the project is automatically approved!
Note-1: §121-a(2) NY PSC must respond in 30 days or else automatic approval.
Note-2: §121-a(3) NY PSC must respond in 60 days or else automatic approval.
NEXT: check for exemptions:
However, even if the above chart indicates that a pipeline is regulated, there are several exceptions, as revealed in the law.
Two exemptions are in Public Service Law § 120(2):
"Major utility
transmission facility" means: (b) a fuel gas transmission
line extending a distance of one thousand feet or more to be
used to transport fuel gas at pressures of one hundred twenty-five
pounds per square inch or more, excluding appurtenant facilities, but shall not include any such transmission linewhich is
located
wholly underground in a city or wholly within the right of way of a state,
county or town highway or village street, as those terms are
defined in article one of the highway law and article six of the village law,
or
which replaces an existing transmission line,
including appurtenant facilities, and
extends a distance of less than one mile."
... and three exemptions are in Public Service Law § 121(4)
This article shall not apply to
any major utility transmission facility:
For which, on or
before July first, nineteen hundred seventy an application has been made for a license, permit,
consent or approval from any federal, state or local commission, agency, board or
regulatory body, in which
application the location of the major utility transmission facility has been designated by the
applicant;
The construction of which has been approved
by a municipality or public benefit corporation which has
sold bonds or bond anticipation notes on or before July first, nineteen hundred seventy, the
proceeds or part of the proceeds of which are to be used in payment
therefor; or
Over which any agency or department of the
federal government hasexclusive jurisdiction, or has jurisdiction concurrent
with that of the state and has exercised such
jurisdiction, to the exclusion of regulation of the facility by the state.
N.Y. Public Service Law § 120 : NY Code - Section 120: Definitions
Where used in this article, the following terms, unless the context otherwise
requires, shall have the following meanings.
1. "Municipality" means a county, city, town or
village in the state.
2. "Major utility
transmission facility" means: (a) an
electric transmission line of a design
capacity of one hundred twenty-five kilovolts or more extending a distance of
one mile or more, or of one hundred kilovolts or more and
less than one hundred twenty-five kilovolts, extending a distance
of ten miles or more, including associated equipment, but shall not include any such
transmission line located wholly underground in a city with a
population in excess of one hundred twenty-five thousand or a primary
transmission line approved by the federal energy
regulatory commission in connection
with a hydro-electric facility; and (b) a fuel gas transmission
line extending a distance of one thousand feet or more to be
used to transport fuel gas at pressures of one hundred twenty-five
pounds per square inch or more,excluding appurtenant facilities, but
shall not include any such transmission line which is located
wholly underground in a city orwholly within the right of way of a state,
county or town highway orvillage street as those terms are
defined in article one of the highway law and article six of the village law, or
which replaces an existingtransmission line,
including appurtenant facilities, and
extends a distance of less than one mile.
3. "Person" means any
individual, corporation, public
benefit corporation, political subdivision, governmental
agency, municipality, partnership, co-operative association, trust or estate.
4. "Appurtenant facilities"
means installations (excluding gas compressors) which are merely
auxiliary or appurtenant to a fuel gas transmission line such as: valves;
drips; measuring and regulating equipment; yard and station piping; cathodic
protection equipment; gas cleaning; cooling and
dehydration equipment; residual
refining equipment; water pumping; treatment and
cooling equipment; electrical and communication equipment; and buildings.
N.Y. Public Service § 121 : NY Code - Section 121: Certificate of
environmental compatibility and public need
1. No person shall, after July first, nineteen
hundred seventy, commence the preparation of the site for
the construction of a major utility transmission facility in the state
without having first obtained a certificate of environmental compatibility and public need
(hereafter in this article called a
"certificate") issued with respect to such facility by the commission. The
replacement of existing with like facilities, as determined by the
commission, shall not constitute the construction of a major utility transmission facility.
Any facility with respect to which a certificate is required shall
thereafter be built, maintained and operated in
conformity with such certificate and any terms, limitations or conditions contained
therein. A certificate may only be issued pursuant to this article.
2. A certificate may be
transferred, subject to the approval of the commission, to a person who agrees to comply with the terms,
limitations and conditions contained therein.
3. A certificate issued hereunder may be amended
as herein provided.
4. This article shall not apply to
any major utility transmission facility:
a. For which, on or
before July first, nineteen hundred seventy an application has been made for a license, permit,
consent or approval from any federal, state or local commission, agency, board or
regulatory body, in which
application the location of the major
utility transmission facility has been designated by the
applicant;
b. The construction of which has been approved
by a municipality or public benefit corporation which has
sold bonds or bond anticipation notes on or before July first, nineteen hundred seventy, the
proceeds or part of the proceeds of which are to be used in payment
therefor; or
c. Over which any agency or department of the
federal government has exclusive jurisdiction, or has jurisdiction concurrent
with that of the state and has exercised such
jurisdiction, to the exclusion of regulation of the facility by the state.
5. Any person intending
to construct a major utility transmission facility excluded from this article
pursuant to subdivision four may elect to waive such exclusion by delivering notice of such
waiver to the commission. This article shall thereafter
apply to each major utility transmission facility identified in such notice
from the date of its receipt by the commission
N.Y. Public Service LAW § 121-a : NY Code - Section 121-A: Procedures with respect to certain fuel gas transmission lines
1. All persons who intend to construct
fuel gas transmission lines as described in this section shall
file with the commission for its approval the standards and practices
which will be applied to environmental management and
construction of all such lines or shall file a certified statement
agreeing to construct such lines
in accordance with standards and
practices on file and approved by the commission.
2. A notice of intention to construct a fuel
gas transmission line as described in subdivision two of
section one hundred twenty, which extends a distance of less than five miles and which
is six inches or less in nominal diameter,
shall be filed with the commission and shall contain:
(a) the date on or about
which the applicant intends to begin construction of the line;
(b) a brief statement describing and locating the
line;
(c) an indication of
the approved environmental management and construction standards and practices that will be followed in
an effort to minimize or avoid adverse environmental impacts to the
maximum extent practicable.
A copy of such notice shall be
served on each municipality in which any portion of such line is to be located and
proof of service shall accompany the notice filed with the commission.
3. An application to
construct a fuel gas transmission line as described in subdivision two of
section one hundred twenty, which extends a distance ofless than ten
miles, other than a line described in subdivision two of this section, shall be filed
with the commission and shall contain:
(a) the information required by
paragraphs (a), (b), (d) and (f) of subdivision one of section one hundred twenty-two;
(b) the description of the ecosystem, land
use, visual and cultural resources which would be affected by the line; and
(c) an indication of
the approved environmental management and construction standards and practices that will be followed in
an effort to minimize or avoid adverse environmental impacts to the
maximum extent practicable.
A copy of such application shall be
served on: (i) the department of environmental conservation; (ii) the
department of agriculture and markets; and (iii) each municipality in which any
portion of such line is to be located; and proof of service shall accompany
the application filed with the commission. The
commission shall serve a copy of such application on such other person or entities as the
commission may deem appropriate. Such action shall be deemed compliance
with the applicable provisions of section one hundred
twenty-two of this article. The applicant, the commission and those served shall
constitute the parties notwithstanding the provisions of section one hundred
twenty-four.
4. If the notice or the application filed
pursuant to subdivisions two or three of this section
respectively does not comply with the requirements of such subdivision, the commission or its
designee shall, promptly, but in no event more than fourteen days from the
date on which
it receives the notice or application, advise the person
in writing of noncompliance and how to comply.
5. Any person may file comments on an application
with the commission. The record of the certification proceeding under
subdivision seven may be limited to the application, any comments filed by the
parties and any report prepared by the staff of the
department of public service, whether or not it acts as a party.
6. Upon receipt of a notice
with respect to a fuel gas transmission line that complies with subdivision two of this section,
the commission shall, within thirty days or
less, determine whether there is a substantial public interest requiring that the facility
be reviewed in accordance with the provisions of subdivision seven of this
section. If the commission determines that
such review is not required it shall issue a certificate authorizing such construction. Failure to
act within
such thirty day period shall constitute a certificate for the
purpose of this article. If the commission determines that such review
is required, the commission shall serve a copy of the notice which
shall constitute the application, on such person or entities as
the commission may deem
appropriate and which shall be deemed compliance
with the applicable provisions of section one
hundred twenty-two of this article. The applicant and such persons or entities shall constitute the
parties, the provisions of section one hundred twenty-four
notwithstanding.
7. The commission shall render a decision upon
the record within sixty days from the date on which it receives an
application complying with subdivision three or within
sixty days from the date on which it receives a notice complying with subdivision two on which it
has made a
determination that review under
this subdivision is in the public interest. Where the commission has required a hearing it may
extend the time required to render a
decision. In rendering its decision on a notice filed pursuant to subdivision
two and reviewed under this
subdivision, the commission is required to find and
determine only that the construction of a fuel gas transmission line will
minimize or avoid adverse environmental impacts to
the maximum extent practicable. In rendering its decision on an application filed pursuant
to subdivision
three, the commission shall make only
the determinations required by paragraphs (a), (b), (e), (f) and (g) of subdivision one of
section one hundred twenty-six.
N.Y. PBS. LAW § 122 : NY Code - Section 122: Application for a certificate
1. An applicant for a
certificate shall file with the commission an application, in such form
as the commission may prescribe, containing the following information:
(a) the location of the site or right-of-way; (b) a description of the
transmission facility to be built thereon; (c) a summary of any studies
which have been made of the environmental impact of the project, and a
description of such studies; (d) a statement explaining the need for the
facility; (e) a description of any reasonable alternate location or
locations for the proposed facility, a description of the comparative
merits and detriments of each location submitted, and a statement of the
reasons why the primary proposed location is best suited for the
facility; and (f) such other information as the applicant may consider
relevant or the commission may by regulation require. Copies of all the
studies referred to in (c) above shall be filed with the commission and
shall be available for public inspection.
2. Each application shall be accompanied by proof of service of: (a) a
copy of such application on
i. each municipality in which any portion of such facility is to be
located, both as primarily proposed and in the alternative locations
listed. Notice to a municipality shall be addressed to the chief
executive officer thereof and shall specify the date on or about which
the application is to be filed;
ii. the commissioner of environmental conservation, the commissioner
of commerce, the secretary of state, the commissioner of agriculture and
markets and the commissioner of parks, recreation and historic
preservation;
iii. each member of the legislature through whose district the
facility or any alternate proposed in the application would pass;
iv. in the event such facility or any portion thereof is located
within its jurisdiction, the Tug Hill commission.
v. in the event such facility or any portion thereof is located within
the Adirondack park, as defined in subdivision one of section 9--0101 of
the environmental conservation law, the Adirondack park agency.
(b) a notice of such application on persons residing in municipalities
entitled to receive notice under subparagraph i. of paragraph a. Such
notice shall be given by the publication of a summary of the application
and the date on or about which it will be filed, to be published under
regulations to be promulgated by the commission, in such form and in
such newspapers as will serve substantially to inform the public of such
application.
3. Inadvertent failure of service on any of the municipalities,
persons, agencies, bodies or commissions named in subdivision two may be
cured pursuant to regulations of the commission designed to afford such
persons adequate notice to enable them to participate effectively in the
proceeding. In addition, the commission may, after filing, require the
applicant to serve notice of the application or copies thereof or both
upon such other persons and file proof thereof as the commission may
deem appropriate.
4. An application for an amendment of a certificate shall be in such
form and contain such information as the commission shall prescribe.
Notice of such an application shall be given as set forth in subdivision
two.
5. (a) For every application deemed complete by the commission after
the effective date of this subdivision, each application shall be
accompanied by a fee in an amount equal to: for electric major utility
transmission facilities of one hundred twenty-five kilovolts or more
extending a distance of over one hundred miles, four hundred fifty
thousand dollars; for electric major utility transmission facilities of
one hundred twenty-five kilovolts or more extending a distance of over
fifty miles to one hundred miles, three hundred fifty thousand dollars;
for electric major utility transmission facilities, requiring a new
right of way and one hundred twenty-five kilovolts or more extending a
distance of ten miles to fifty miles, one hundred thousand dollars; for
electric major utility transmission facilities utilizing an existing
right of way and one hundred twenty-five kilovolts or more extending a
distance of ten miles to fifty miles, fifty thousand dollars. All such
fees shall be deposited in the intervenor account, established pursuant
to section ninety-seven-tt of the state finance law, to be disbursed at
the commission's direction, to defray expenses incurred by municipal and
other parties to the proceeding (except a municipality which is the
applicant) for expert witness, consultant, administrative and legal
fees, provided, however, such expenses shall not be available for
judicial review. If at any time subsequent to the filing of the
application, the application is amended in a manner that warrants
substantial additional scrutiny, the commission may require an
additional intervenor fee in an amount not to exceed one hundred
twenty-five thousand dollars. The commission shall provide for
transcripts, the reproduction and service of documents, and the
publication of required notices, for municipal and other local parties,
in all appropriate languages. Any moneys remaining in the intervenor
account after the commission's jurisdiction over an application has
ceased shall be returned to the applicant.
(b) Notwithstanding any other provision of law to the contrary, the
commission shall provide by rules and regulations for the management of
the intervenor account and for disbursements from the account, which
rules and regulations shall be consistent with the purpose of this
section to make available to municipal parties at least one-half of the
amount of the intervenor account and for uses specified in paragraph (a)
of this subdivision. In addition, the commission shall provide other
parties up to one-half of the amount of the intervenor account,
provided, however, that the commission shall assure that the purposes
for which moneys in the intervenor account will be expended will
contribute to an informed decision as to the appropriateness of the site
and facility and are made available on an equitable basis in a manner
which facilitates broad public participation.
N.Y. PBS. LAW § 122 : NY Code - Section 122: Application for a certificate
Search N.Y. PBS. LAW § 122 : NY Code - Section 122: Application for a certificate
1. An applicant for a
certificate shall file with the commission an application, in such form
as the commission may prescribe, containing the following information:
(a) the location of the site or right-of-way; (b) a description of the
transmission facility to be built thereon; (c) a summary of any studies
which have been made of the environmental impact of the project, and a
description of such studies; (d) a statement explaining the need for the
facility; (e) a description of any reasonable alternate location or
locations for the proposed facility, a description of the comparative
merits and detriments of each location submitted, and a statement of the
reasons why the primary proposed location is best suited for the
facility; and (f) such other information as the applicant may consider
relevant or the commission may by regulation require. Copies of all the
studies referred to in (c) above shall be filed with the commission and
shall be available for public inspection.
2. Each application shall be accompanied by proof of service of: (a) a
copy of such application on
i. each municipality in which any portion of such facility is to be
located, both as primarily proposed and in the alternative locations
listed. Notice to a municipality shall be addressed to the chief
executive officer thereof and shall specify the date on or about which
the application is to be filed;
ii. the commissioner of environmental conservation, the commissioner
of commerce, the secretary of state, the commissioner of agriculture and
markets and the commissioner of parks, recreation and historic
preservation;
iii. each member of the legislature through whose district the
facility or any alternate proposed in the application would pass;
iv. in the event such facility or any portion thereof is located
within its jurisdiction, the Tug Hill commission.
v. in the event such facility or any portion thereof is located within
the Adirondack park, as defined in subdivision one of section 9--0101 of
the environmental conservation law, the Adirondack park agency.
(b) a notice of such application on persons residing in municipalities
entitled to receive notice under subparagraph i. of paragraph a. Such
notice shall be given by the publication of a summary of the application
and the date on or about which it will be filed, to be published under
regulations to be promulgated by the commission, in such form and in
such newspapers as will serve substantially to inform the public of such
application.
3. Inadvertent failure of service on any of the municipalities,
persons, agencies, bodies or commissions named in subdivision two may be
cured pursuant to regulations of the commission designed to afford such
persons adequate notice to enable them to participate effectively in the
proceeding. In addition, the commission may, after filing, require the
applicant to serve notice of the application or copies thereof or both
upon such other persons and file proof thereof as the commission may
deem appropriate.
4. An application for an amendment of a certificate shall be in such
form and contain such information as the commission shall prescribe.
Notice of such an application shall be given as set forth in subdivision
two.
5. (a) For every application deemed complete by the commission after
the effective date of this subdivision, each application shall be
accompanied by a fee in an amount equal to: for electric major utility
transmission facilities of one hundred twenty-five kilovolts or more
extending a distance of over one hundred miles, four hundred fifty
thousand dollars; for electric major utility transmission facilities of
one hundred twenty-five kilovolts or more extending a distance of over
fifty miles to one hundred miles, three hundred fifty thousand dollars;
for electric major utility transmission facilities, requiring a new
right of way and one hundred twenty-five kilovolts or more extending a
distance of ten miles to fifty miles, one hundred thousand dollars; for
electric major utility transmission facilities utilizing an existing
right of way and one hundred twenty-five kilovolts or more extending a
distance of ten miles to fifty miles, fifty thousand dollars. All such
fees shall be deposited in the intervenor account, established pursuant
to section ninety-seven-tt of the state finance law, to be disbursed at
the commission's direction, to defray expenses incurred by municipal and
other parties to the proceeding (except a municipality which is the
applicant) for expert witness, consultant, administrative and legal
fees, provided, however, such expenses shall not be available for
judicial review. If at any time subsequent to the filing of the
application, the application is amended in a manner that warrants
substantial additional scrutiny, the commission may require an
additional intervenor fee in an amount not to exceed one hundred
twenty-five thousand dollars. The commission shall provide for
transcripts, the reproduction and service of documents, and the
publication of required notices, for municipal and other local parties,
in all appropriate languages. Any moneys remaining in the intervenor
account after the commission's jurisdiction over an application has
ceased shall be returned to the applicant.
(b) Notwithstanding any other provision of law to the contrary, the
commission shall provide by rules and regulations for the management of
the intervenor account and for disbursements from the account, which
rules and regulations shall be consistent with the purpose of this
section to make available to municipal parties at least one-half of the
amount of the intervenor account and for uses specified in paragraph (a)
of this subdivision. In addition, the commission shall provide other
parties up to one-half of the amount of the intervenor account,
provided, however, that the commission shall assure that the purposes
for which moneys in the intervenor account will be expended will
contribute to an informed decision as to the appropriateness of the site
and facility and are made available on an equitable basis in a manner
which facilitates broad public participation.
- See more at: http://codes.lp.findlaw.com/nycode/PBS/7/122#sthash.bBLKV60H.dpuf
N.Y. PBS. LAW § 122 : NY Code - Section 122: Application for a certificate
Search N.Y. PBS. LAW § 122 : NY Code - Section 122: Application for a certificate
1. An applicant for a
certificate shall file with the commission an application, in such form
as the commission may prescribe, containing the following information:
(a) the location of the site or right-of-way; (b) a description of the
transmission facility to be built thereon; (c) a summary of any studies
which have been made of the environmental impact of the project, and a
description of such studies; (d) a statement explaining the need for the
facility; (e) a description of any reasonable alternate location or
locations for the proposed facility, a description of the comparative
merits and detriments of each location submitted, and a statement of the
reasons why the primary proposed location is best suited for the
facility; and (f) such other information as the applicant may consider
relevant or the commission may by regulation require. Copies of all the
studies referred to in (c) above shall be filed with the commission and
shall be available for public inspection.
2. Each application shall be accompanied by proof of service of: (a) a
copy of such application on
i. each municipality in which any portion of such facility is to be
located, both as primarily proposed and in the alternative locations
listed. Notice to a municipality shall be addressed to the chief
executive officer thereof and shall specify the date on or about which
the application is to be filed;
ii. the commissioner of environmental conservation, the commissioner
of commerce, the secretary of state, the commissioner of agriculture and
markets and the commissioner of parks, recreation and historic
preservation;
iii. each member of the legislature through whose district the
facility or any alternate proposed in the application would pass;
iv. in the event such facility or any portion thereof is located
within its jurisdiction, the Tug Hill commission.
v. in the event such facility or any portion thereof is located within
the Adirondack park, as defined in subdivision one of section 9--0101 of
the environmental conservation law, the Adirondack park agency.
(b) a notice of such application on persons residing in municipalities
entitled to receive notice under subparagraph i. of paragraph a. Such
notice shall be given by the publication of a summary of the application
and the date on or about which it will be filed, to be published under
regulations to be promulgated by the commission, in such form and in
such newspapers as will serve substantially to inform the public of such
application.
3. Inadvertent failure of service on any of the municipalities,
persons, agencies, bodies or commissions named in subdivision two may be
cured pursuant to regulations of the commission designed to afford such
persons adequate notice to enable them to participate effectively in the
proceeding. In addition, the commission may, after filing, require the
applicant to serve notice of the application or copies thereof or both
upon such other persons and file proof thereof as the commission may
deem appropriate.
4. An application for an amendment of a certificate shall be in such
form and contain such information as the commission shall prescribe.
Notice of such an application shall be given as set forth in subdivision
two.
5. (a) For every application deemed complete by the commission after
the effective date of this subdivision, each application shall be
accompanied by a fee in an amount equal to: for electric major utility
transmission facilities of one hundred twenty-five kilovolts or more
extending a distance of over one hundred miles, four hundred fifty
thousand dollars; for electric major utility transmission facilities of
one hundred twenty-five kilovolts or more extending a distance of over
fifty miles to one hundred miles, three hundred fifty thousand dollars;
for electric major utility transmission facilities, requiring a new
right of way and one hundred twenty-five kilovolts or more extending a
distance of ten miles to fifty miles, one hundred thousand dollars; for
electric major utility transmission facilities utilizing an existing
right of way and one hundred twenty-five kilovolts or more extending a
distance of ten miles to fifty miles, fifty thousand dollars. All such
fees shall be deposited in the intervenor account, established pursuant
to section ninety-seven-tt of the state finance law, to be disbursed at
the commission's direction, to defray expenses incurred by municipal and
other parties to the proceeding (except a municipality which is the
applicant) for expert witness, consultant, administrative and legal
fees, provided, however, such expenses shall not be available for
judicial review. If at any time subsequent to the filing of the
application, the application is amended in a manner that warrants
substantial additional scrutiny, the commission may require an
additional intervenor fee in an amount not to exceed one hundred
twenty-five thousand dollars. The commission shall provide for
transcripts, the reproduction and service of documents, and the
publication of required notices, for municipal and other local parties,
in all appropriate languages. Any moneys remaining in the intervenor
account after the commission's jurisdiction over an application has
ceased shall be returned to the applicant.
(b) Notwithstanding any other provision of law to the contrary, the
commission shall provide by rules and regulations for the management of
the intervenor account and for disbursements from the account, which
rules and regulations shall be consistent with the purpose of this
section to make available to municipal parties at least one-half of the
amount of the intervenor account and for uses specified in paragraph (a)
of this subdivision. In addition, the commission shall provide other
parties up to one-half of the amount of the intervenor account,
provided, however, that the commission shall assure that the purposes
for which moneys in the intervenor account will be expended will
contribute to an informed decision as to the appropriateness of the site
and facility and are made available on an equitable basis in a manner
which facilitates broad public participation.
- See more at: http://codes.lp.findlaw.com/nycode/PBS/7/122#sthash.bBLKV60H.dpuf
N.Y. PBS. LAW § 122 : NY Code - Section 122: Application for a certificate
Search N.Y. PBS. LAW § 122 : NY Code - Section 122: Application for a certificate
1. An applicant for a
certificate shall file with the commission an application, in such form
as the commission may prescribe, containing the following information:
(a) the location of the site or right-of-way; (b) a description of the
transmission facility to be built thereon; (c) a summary of any studies
which have been made of the environmental impact of the project, and a
description of such studies; (d) a statement explaining the need for the
facility; (e) a description of any reasonable alternate location or
locations for the proposed facility, a description of the comparative
merits and detriments of each location submitted, and a statement of the
reasons why the primary proposed location is best suited for the
facility; and (f) such other information as the applicant may consider
relevant or the commission may by regulation require. Copies of all the
studies referred to in (c) above shall be filed with the commission and
shall be available for public inspection.
2. Each application shall be accompanied by proof of service of: (a) a
copy of such application on
i. each municipality in which any portion of such facility is to be
located, both as primarily proposed and in the alternative locations
listed. Notice to a municipality shall be addressed to the chief
executive officer thereof and shall specify the date on or about which
the application is to be filed;
ii. the commissioner of environmental conservation, the commissioner
of commerce, the secretary of state, the commissioner of agriculture and
markets and the commissioner of parks, recreation and historic
preservation;
iii. each member of the legislature through whose district the
facility or any alternate proposed in the application would pass;
iv. in the event such facility or any portion thereof is located
within its jurisdiction, the Tug Hill commission.
v. in the event such facility or any portion thereof is located within
the Adirondack park, as defined in subdivision one of section 9--0101 of
the environmental conservation law, the Adirondack park agency.
(b) a notice of such application on persons residing in municipalities
entitled to receive notice under subparagraph i. of paragraph a. Such
notice shall be given by the publication of a summary of the application
and the date on or about which it will be filed, to be published under
regulations to be promulgated by the commission, in such form and in
such newspapers as will serve substantially to inform the public of such
application.
3. Inadvertent failure of service on any of the municipalities,
persons, agencies, bodies or commissions named in subdivision two may be
cured pursuant to regulations of the commission designed to afford such
persons adequate notice to enable them to participate effectively in the
proceeding. In addition, the commission may, after filing, require the
applicant to serve notice of the application or copies thereof or both
upon such other persons and file proof thereof as the commission may
deem appropriate.
4. An application for an amendment of a certificate shall be in such
form and contain such information as the commission shall prescribe.
Notice of such an application shall be given as set forth in subdivision
two.
5. (a) For every application deemed complete by the commission after
the effective date of this subdivision, each application shall be
accompanied by a fee in an amount equal to: for electric major utility
transmission facilities of one hundred twenty-five kilovolts or more
extending a distance of over one hundred miles, four hundred fifty
thousand dollars; for electric major utility transmission facilities of
one hundred twenty-five kilovolts or more extending a distance of over
fifty miles to one hundred miles, three hundred fifty thousand dollars;
for electric major utility transmission facilities, requiring a new
right of way and one hundred twenty-five kilovolts or more extending a
distance of ten miles to fifty miles, one hundred thousand dollars; for
electric major utility transmission facilities utilizing an existing
right of way and one hundred twenty-five kilovolts or more extending a
distance of ten miles to fifty miles, fifty thousand dollars. All such
fees shall be deposited in the intervenor account, established pursuant
to section ninety-seven-tt of the state finance law, to be disbursed at
the commission's direction, to defray expenses incurred by municipal and
other parties to the proceeding (except a municipality which is the
applicant) for expert witness, consultant, administrative and legal
fees, provided, however, such expenses shall not be available for
judicial review. If at any time subsequent to the filing of the
application, the application is amended in a manner that warrants
substantial additional scrutiny, the commission may require an
additional intervenor fee in an amount not to exceed one hundred
twenty-five thousand dollars. The commission shall provide for
transcripts, the reproduction and service of documents, and the
publication of required notices, for municipal and other local parties,
in all appropriate languages. Any moneys remaining in the intervenor
account after the commission's jurisdiction over an application has
ceased shall be returned to the applicant.
(b) Notwithstanding any other provision of law to the contrary, the
commission shall provide by rules and regulations for the management of
the intervenor account and for disbursements from the account, which
rules and regulations shall be consistent with the purpose of this
section to make available to municipal parties at least one-half of the
amount of the intervenor account and for uses specified in paragraph (a)
of this subdivision. In addition, the commission shall provide other
parties up to one-half of the amount of the intervenor account,
provided, however, that the commission shall assure that the purposes
for which moneys in the intervenor account will be expended will
contribute to an informed decision as to the appropriateness of the site
and facility and are made available on an equitable basis in a manner
which facilitates broad public participation.
- See more at: http://codes.lp.findlaw.com/nycode/PBS/7/122#sthash.bBLKV60H.dpuf
Oct 6: Today's Reg: Proposed 6 NYCRR Part 570Preamble
The use of the word "Safe" in the preamble ("safe siting")
is linguistically and scientifically dubious.
"Safe" means "without risk of harm". DEC is asserting with this statement,
that by creating LNG rules, all risk can be either eliminated or reduced.
Each alternative is absurd on its face
and contradicts the facts.
Storing and Transporting LNG is an inherently risky process,
And the direct harms of this infrastructure,
when they happen, are often catastrophic.
There are also indirect harms, such as these rules will tend
to create a demand for more natural gas,
and more fracking, such as fracking NY where there is a present moratorium,
and which most citizens are against.
In fact, DEC, by permitting an inherently unsafe activity, is actually CREATING RISKwhere none existed before*!
(*=Due to the present ban on LNG facilities)
DEC should present a fair presentation of the facts and not try to sugar-coat a potentially poison pill
and trick the people into believing
that this is a risk-free process, or even
that these inherently grave risks of catastrophe
can be eliminated through mitigation.
These photos were all taken Sept 28, 2013, starting @ ~10:15 am.
Isn't Saturday Morning a strange day for a trucker to be hauling wastes?
This truck is based in Belefonte PA, near Williamsport, a region which is being heavily developed with gas drilling and horizontal hydrofracking. On this day this truck was followed ~2 hours south to just north of Williamsport, at Trout Run PA, where it was lost.
While we were unable to determine whether this truck was picking up chemical wastes, or dropping them off, isn't it strange for there to be a waste-stream connected between Williamsport PA area (Frack-Central) and Endicott?
Let us recall that for many years, we've heard rumors that the owners of Endicott Interconnect (EIT) have wanted to import PA drilling wastes into the village of Endicott to process.
We have been told by multiple trustworthy sources (none who would comment on the record) that landfill leachate from Seneca Falls Landfill (which receives drilling wastes from PA) is being treated at the EIT Waste Treatment Plant.
Can a member of the mainstream press call EIT and verify this?
Endicott Village Trustee Nirchi
It is apparently "common knowledge" that EIT has been treating leachate from Broome County Landfill for some time, as this was revealed by Trustee Joseph Nirchi and Mayor John Bertoniat the Village Trustee Meeting 8-14-2013. Nirchi, who is an Endicott Village Trustee, is also manager of EIT/Huron Emergency Services.
We have also been told by confidential sources that "EIT is processing 'frack wastes'". IS IT TRUE?
There are several Village of Endicott residents keeping an eye on these trucks (and the FOUL STENCH coming out of them). These photos were provided by one of the observers. (Thanks!)
What stinks in Endicott? Sign in a local business.
Inside the EIT Waste Treatment Facility @ Franklin Street
Here's all the DOT numbers
Davidson Bros. Belefonte, PA (near Williamsport)
Leaving Franklin St.
Leaving
Trailer Detail-- strange, almost like a sand truck,
not a normal liquid waste truck. Hmmm.
Turning on to Oak Hill
North St. westbound, about to turn south onto McKinley. Notice the absence of DOT Hazardous Materials placards.
Pennsylvania XP-09987 trailer license
On this day, this truck was followed from Endicott (A)
to Trout Run PA (B) where the truck was lost.
The trucker was based in Belefonte PA (C).
Who can explain WHAT STINKY CHEMICAL WASTE
is being shipped between Endicott and Williamsport??!!
What's the old rule about not eating near where you take a crap?
(or in this case, drinking from the same spot where you dump chemical wastes?)
IBM/EIT's Chemical Waste Treatment Facility legally discharges into the
Susquehanna River by two SPDES permits issued by NYSDEC.
The discharge location is coincident with a shallow well on South St.
which is the Village of Endicott's primary drinking water source.
On Feb 26, 2013 of between 4,000 gallons and 17,000
gallons when a valve rusted and broke, draining a tank containing
untreated leachate into the ground, storm sewers, and the Susquehanna River. DEC Spill Incident #1215896
EIT's Rusty Tank
EIT's rusty tank
A valve broke and this rusty tank leaked between 4,000 gallons and 17,000
gallons into the Susquehanna River
EIT's rusty tank that sprung a leak in Feb 2013
Notice the location of the storm drain.
EIT
dumps (legally?) into storm sewers as part of their State Pollutant
Discharge Elimination System (SPDES) permit. --How's that for Orwellian
Doublespeak? ** NOTE the proximity of the Village of Endicott Drinking
Water Well!! Is this a good idea?
EIT
dumps (legally?) into storm sewers as part of their State Pollutant
Discharge Elimination System (SPDES) permit. --How's that for Orwellian
Doublespeak? ** NOTE the proximity of the Village of Endicott Drinking
Water Well!! Is this a good idea?
Leaked document from DEC showing (partial) chemical composition of Seneca Meadows Leachate. Note this is a "Pilot Program".
Does that say 80,000 gallons per day?! (gulp) That's 14 truckloads @ 5,600 gal/truck. EVERY DAY!
Discharge location for 2 SPDES waste discharge permits
Discharge location for 2 SPDES waste discharge permits
Public Water Supply -- NO DUMPING! (yet this is the same spot where the storm sewers which Endicott Interconnect Technologies, Inc (EIT) dumps in to drains into the Susquehanna River!
