application 7-0346-00218/00001 SMCC LIB Recycling Facility

Joseph M Dlugolenski
NYSDEC Region 7 Cortland Sub-Office
1285 Fisher Ave
Cortland, NY 13045
(607)753-3095

DEP.R7@dec.ny.gov

Dear Mr. Dlugolenski,

I am a member of WBESC, an environmental group based in Endicott. 

As you know, Endicott has been treated as a dumping ground by industrial actors, and by NYSDEC for many years. 

Endicott has been shown as a cancer cluster by NIOSH/CDC. Many people here are sick and dying. 

Endicott is an Environmental Justice Community, with many poor people living here struggling to just survive. 

Any additional load to our water quality or air quality is if grave concern to the people who live here. 

As usual, NYSDEC has not made copies of relevant documents relating to the permit available electronically via the Internet where people can get access to them.

Supposedly they are at the library, however,

1: I just called the library and they CANNOT CONFIRM the documents are even there.

2: Paper copies cannot be searched for keywords, or copy/pasted, etc. 

3: Electronic copies have the potential to reach many more people, and are more protective of the environment, since no trees are killed. 

Since the charter of the NYSDEC is to protect the environment, the NYSDEC should take the approach which is most environmentally friendly. 

I can see in the ENB, the end of the comment period is Nov 8. 

http://www.dec.ny.gov/enb/20191009_reg7.html

So far, the applicant has been uncooperative in producing the application and other relevant documentation. 

Give all of these, I am asking the following from NYSDEC: 

1: EXTEND the public comment period 90 days

2: We DEMAND that NYSDEC stop treating this community as a Third World dumping ground, and grant us a public hearing which occurs at least 2 weeks prior to the end of the comment period.

3: NYSDEC should make electronic copies of the application, inc. all attachments, exhibits, correspondence, and replies, and all related documents available for download AT LEAST 2 weeks prior to the public hearing. 

Thank you,

William Huston

PO Box 22

Endicott NY 13761

Call Cuomo Monday: Stop the Bomb Trucks!

It's Call Cuomo Monday!
Stop the #BombTrucks!  .

★★ Please call 1-877-235-6537 TODAY and say,

"Governor Cuomo, please HALT all dangerous high-pressure CNG 'Virtual Pipeline' tube trailers (#BombTrucks) until there is an Environmental Impact Statement under SEQRA!"

Share this message on Social Media and on your email lists! 

MORE: TinyURL.com/BombTrucks101

2017 FracTracker Award recipent Ray Kemble ON TRIAL Dec 11th hearing in Montrose

Here's an update about Ray Kemble of Dimock PA.

and the "Fracking Trial of the Century".

Court Hearing:

Ray's first hearing in Cabot Oil & Gas's $5M SLAPP suit is

WHEN: Monday, Dec 11th, at 9:30 AM
WHERE: Susquehanna County Court,
      105 Maple St, Montrose, PA 18801
PLEASE COME!!! This is the Fracking Trial of the Century.

​The court is hearing Ray's motion for immunity under PA's new Anti-SLAPP law,
and a motion to unseal Ray's actual settlement agreement with Cabot.=

Share the FB event!!
https://www.facebook.com/events/1532113106825049/

Law nerds may appreciate reading the Case Record here:

Cabot v. Kemble 2017-936-CP
which available at the bit.ly/BHDCSDimockArchive

​	​

Ray was recently honored to be a recipient of the
FracTracker 2017 Community Sentinel Award for
Environmental Stewardship. 

Event Video:
https://www.facebook.com/AmericansAgainstFracking/videos/1177959119004273/

You have probably heard Ray is being sued by Cabot Oil and Gas
for $5 Million Dollars (SLAPP suit).

(Info about the Dec 11th hearing is below...) 

There is some EXCITING NEWS about this case coming out this week...
Sorry to be a tease... stay tuned!!!

-------------------------------------------------------

Brief History

Ray Kemble of Dimock PA signed a lease with Cabot Oil and Gas in 2006.
At the time, Cabot's "Land Man" said there would be no problems, just a little

"Christmas Tree" over the wellhead.  Ray was completely unprepared
for the industrial onslaught which ensued.

Ray's private water well was first contaminated by gas drilling in 2009.

In the final of a series of Consent Orders and Settlement Agreements (COSAs)

dated Dec 15, 2010, between Cabot and PA DEP, Cabot was banned from Drilling and

Fracking inside the "Dimock Impacted Area" (9 square miles) until

the problems were fixed.

The ban is still in place today.

However, PA DEP did allow Cabot to frack 7 "stranded" wells

inside the "Dimock Impacted Area" after Cabot argued they had

met the terms of the COSA. (For some reason, Cabot only seems

to have fracked 6/7).

Mr. Kemble experienced NEW water quality changes, even worse

than before.

-------------------------------------------------------

LEARN MORE about the HISTORY OF DIMOCK

To understand the importance of this case,

you have to understand the history of what has

happened in Dimock.

Check out these two excellent videos
by Hope Forpeace for background info.

1: https://www.youtube.com/watch?v=G380KmheXtA


2: https://www.youtube.com/watch?v=SofiZg5yVhQ

Here's one by Jay Wilcox:
https://www.youtube.com/watch?v=PEtzZKi0DE4


And one by Scott Cannon:
https://www.youtube.com/watch?v=vBcytoCLWgo

If you are more of a reader:

• Stateimpact
  https://stateimpact.npr.org/pennsylvania/tag/dimock/

• Tom Wilber:
  http://tomwilber.blogspot.com/2012/01/why-dimock-pa-remains-central-to.html

• Bill Huston's archive of historical documents:
  http://bit.ly/BHDCSDimockArchive

• Early History of Dimock in NY Times
  http://www.nytimes.com/2009/12/08/business/energy-environment/08fracking.html

-------------------------------------------------------

Current Media and Press

Official Current Press Release:
TinyURL.com/KembleDec11HearingPressRelease

Press Contact:

Hope Forpeace / AK Productions

hopeforpeacenow@gmail.com

(831) 212-3793 -- or -- (570) 278-3111

Alternate Press Contact:

Craig Stevens
clscraigstevens@earthlink.net(949) 456-6104

News and Media:
DESMOG:
https://www.desmogblog.com/2017/08/13/cabot-fracking-5-million-lawsuit-water-contamination-ray-kemble-dimock

Associated Press:
http://www.pressconnects.com/story/news/local/pennsylvania/2017/08/09/cabot-files-suit-dimock-resident-lawyers/104428486/

--------------------------------------------------------

Ray Needs funds....

Ray Kemble is 1/2 way to raising funds necessary to SAVE HIS HOME.
Please contribute here: TinyURL.com/LastManStandingInDimock
so that Ray can keep fighting.

Listen to Actor Jamie Cromwell and Craig Stevens say why this is
important: https://www.youtube.com/watch?v=ZJJRKfYV9TM

--------------------------------------------------------

Court Hearing:

Ray's first hearing in Cabot Oil & Gas's
$5M SLAPP suit against him is:

WHEN: Monday, Dec 11th, at 9:30 AM
WHERE: Susquehanna County Court,
      105 Maple St, Montrose, PA 18801
PLEASE COME!!! This is the Fracking Trial of the Century.

​The court is hearing Ray's motion for immunity under PA's new Anti-SLAPP law.

Share the FB event!! https://www.facebook.com/events/1532113106825049/

----------------------------------------------------------

Ray is LEGENDARY! A true FOLK HERO!

Ray has become so well known for his advocacy for clean water,

that some top artists have honored Ray:

Here is acclaimed graphic artist Charlotta Janssen's portrait of
Ray, painted in 2012, which she prophetically titled, "Last Man"

Wow! Check out this song by The Mammals (Mike + Ruthy).
"Drill on the Horizon / Ray's Song"https://www.youtube.com/watch?v=Vo9fV2X4gyM

And here's a song by Marc Black called Sing for the Silenced,
which is about people like Ray who are silenced by Gag Orders.
(this is a major topic of Ray's SLAPP suit)

https://www.youtube.com/watch?v=XQu3Re5AEN0

Ray's goal is to challenge the legality (and stupidity) of allowing gag orders

when public health and safety is at risk.

"No one should be forced to trade
    Free Speech for Clean Water"
             -- Ray Kemble

Please help however you are able.

1. Donate if you are able.
2. Come to court on Dec 11th in Montrose at 9:30 AM.
3. SHARE THIS INFORMATION ON ALL CHANNELS!
   (Email lists, social media, blogs)

THANK YOU!

BH

--
William Huston:  WilliamAHuston@gmail.com
Binghamton NY

Public Service Mapping / Videography / Research
WilliamAHuston.blogspot.com

Why won't FERC shut down XNG's PA-to-NY "Pipe to Pipe" operation?

Over the past few months, I've been asking attorneys at the Enforcement Division of FERC to make an enforcement action against XNG, Xpress Natural Gas' Bulk, Wholesale, Pipe-to-Pipe CNG "Virtual Pipeline" operation between Forest Lake, Susquehanna County, PA, and Manheim, Herkimer County, NY, which from what I see, is illegal a DOZEN different ways.

We at the Stop the #BombTrucks blog feel that wholesale, bulk interstate commerce in natural gas by #VirtualPipelines is CERTAINLY jurisdiction of Federal Energy Regulatory Comission by a plain reading of the Natural Gas Act.

It may seem strange to look to FERC for help!
Many of us feel FERC is one of the most corrupt government agencies.

However, FERC jurisdiction would require a multi-year Environmental Impact Statement, and HALT XNG: Xpress Natural Gas's illegal "Pipe to Pipe" operation in the meantime.

So why does FERC look they other way?

So far, they have completely ignored the issue.

There are clues in docket# CP14-32, a Petition for Declaratory Ruling by Gulf Oil Limited Partnership to build a small LNG facility in Northeast PA and deliver LNG by truck to customers in New England. (Notice the similarity to XNG's operation, only it's LNG, not CNG).

These clues seem to indicate that XNG's P2P *would* be jurisdictional.

But perhaps more interesting is FERC's process here, for a new business which wants to a) set up shop QUICKLY and b) not have to go through a multi-year EIS (expensive hassle), and not even be guaranteed a positive outcome because of those "damn hippies" (antis) who have gotten so good at killing pipelines. =8^)

Here's the process!

1: Ask FERC, "This is not jurisdictional activity, right?"

2: Write a check for $25,000.

3: After FERC the check clears, FERC declares, "Yes, we agree. This is not jurisdictional activity."

Now here's the really strange thing. I submitted a FOIL request to FERC, which is a really elaborate process! It took weeks for them even to accept it. And I had to argue for it. I asked FERC to show me documents where our friends at XNG had asked FERC for a declaratory ruling on their brand new Pipe-to-Pipe CNG operation.

Their answer: "No such records exist".

Huh? You mean XNG never asked the question? They just ran off and did it?

But why won't FERC issue an enforcement action, when XNG has failed to write a check for $25,000 like Gulf Oil did?

I still don't have an answer yet....

Stay Tuned!

-- Your Humble Editor (BH)

If you want to support my work fighting "Virtual Pipelines",
aka, Type-4 CNG #BombTrucks, then please donate generously
by Paypal:  TinyURL.com/DonateToBillHuston .
I need your support to continue this work!

PS: My friend Ray Kemble REALLY needs your help.
Video pitch: youtube.com/watch?v=ZJJRKfYV9TM

Donate here: YouCaring.com/LastManStandingInDimock

--
William Huston:  WilliamAHuston@gmail.com
Binghamton NY

Public Service Mapping / Videography / Research
WilliamAHuston.blogspot.com

THANK YOU!!!

Well, the comment period for the i3 Elecrtonics SPDES permit is now closed.

I just logged in to the account for "Concerned Citizens of Endicott" and am overwhelmed by all of wonderful comments made to DEC which were forwarded to me.

(I'd estimate around 25 quality comments?)

Presumably, there were others sent to DEC which we were not CC'd on.

I was panicked a few weeks ago, feeling abandoned by the NGO's and the lack of certain big-name water warriors in NY helping us.

It's what I call the "not enough" curse. I heard this so many times from event organizers in 5 years of fighting fracking. Often, "I wish more people had shown up". But we have a ban now, so clearly we had enough!

And we DID have some big names helping us, and one NGO came through in a major way: Sierra Club.

I will compile all these comments shortly. But for now, let me thanks some of the people whom I feel helped out in a major way:

Rachel Treichler, esq
John Barone, esq
Ann Khanna, esq
Dr. Ron Bishop
Roger Downs, Sierra Club
Scott Lauffer,
Sierra Club, Susquehanna Group
Jim Little, WBESC
Western Broome Environmental Stakeholders Coalition
Mark Bacon, CCoE
Gerri Wiley, RN
Gudrun Scott, RN
Valdi & Karen Weiderpass
Broome-Tioga Green Party
NY Assembly Member Donna Lupardo

...probably a few I'm forgetting...

Thanks to EVERYONE who came to a meeting, took the plant tour, drove to the outfall and looks for flow or took samples, shared one of our memes or emails, spoke at the hearing, and/or filed a comment on the docket.

I am overwhelmed w/Joy.
Let's hope it makes a difference.

Bill Huston,
Concerned Citizens of Endicott

--

--
May you, and all beings
be happy and free from suffering :)
-- ancient Buddhist Prayer (Metta)

Help Needed in Endicott and Downstream (Susquehanna): DEADLINE FRIDAY!

Share this link:
http://nyfriendsofcleanairandwater.blogspot.com/2016/09/help-needed-in-endicott-and-downstream.html

Thank you for your interest in protecting the water quality of Endicott and downstream!

Concerned Citizens of Endicott is a very small group, and we are operating without any NGO support.  We have a small team of about a dozen people who have been very active, and another 10 or so informants and helpers, who for various reasons, cannot go on the record.

Concerned Citizens of Endicott have identified major concerns with the i3 Electronics SPDES permit, which is essentially a license to pollute.

Major concerns:

• Transparency: A new business was created in 2011: commercial waste processing in downtown Endicott, but the DEC kept it a secret until 2013, when some citizens started smelling something foul (both figuratively and literally) and started making FOILs.
  
• The operator created this new business with unique and substantial community impacts, clearly within the purview of local land-use authority (village, town, and county planning/zoning), but also kept it a secret.
  
• Potential threats to water quality and quantity in the Village of Endicott and downstream.
  
• Essentially no DEC oversight. Everything is "self monitoring" and "self reporting". No checking by NYS DEC.
  
• NO fines, and NO violations from DEC, despite numerous spills
  
• Truck traffic = ~250 trucks/week, trucks lack HAZMAT placards,
  
• foul, noxious odors
  
• potential health impacts
  
• Numerous Process Questions, including NO NOTICE from NYSDEC for the 2011 Pilot, NO SEQR review, NO Environmental Impact Statement, despite major changes in the permit conditions,
  
• and apparently NO CONTROLS: The operator has accepted numerous waste streams which are OUTSIDE the scope of their original SPDES permit (processing wastes relating to manufacture of circuit boards), and also outside the scope of the 2011 Pilot.

Here's how to make a comment to NYS DEC in re: i3 Electronics SPDES permit, which is a license to pollute the Susquehanna River in Endicott. Deadline is Friday, 9/30, 5pm!!!

SAMPLE LETTER

TO: DEPPermitting@dec.ny.gov
CC: Teresa.Diehsner@dec.ny.gov
CC: ConcernedCitizensOfEndicott@gmail.com

Subject: Comment on SPDES NY#0003808

My name is --------------. I live in --------------. 

I care about the Susquehanna River because -----------.
(ideas: fishing, recreation, people living downstream, clean drinking water, etc) 

With regards to the i3 Electronics SPDES permit, I am concerned about ------------.
(ideas: truck traffic, water quality impacts, odor, hazardous waste concerns, trucks should have Hazmat markings, flooding concerns, insufficient testing protocol, "self-monitoring program", no DEC oversight, aging facility, storm sewer use/leakage into old village dump site, health of the fish/river, human health impacts, etc)

I therefore join with Concerned Citizens of Endicott (CCoE) and respectfully request:

1: NYS DEC reclassify this permit modification as a Type-I SEQR action, perform a full environmental review, including an Environmental Impact Statement (EIS).

2: NYS DEC perform an audit of this facility over the last 10 years; identify and list all permit violations, leaks and spills, and the operators response; the operator's character and financial ability to maintain the facility; and investigate the operator for their acceptance of waste streams which are both

a) outside what is contemplated in their existing permit (manufacture of circuit boards) and/or

b) outside the scope of the 2011 Pilot (including Reverse Osmosis Concentrate, Pharmaceutical Waste, Sanitary Sewage, Medical Waste, and/or waste from the Oil and Gas industry).

3: Issue a moratorium on the importation of all offsite waste streams until

a) the EIS is completed

b) An integrity study of the plant is performed, including assessment of secondary containment, condition of plants, valves, pipes, etc.

c) An integrity study of the storm sewer network is completed, with particular focus to flooding issues, and possible leakage at the site of the old village dump,

d) and until the DEC gets notification from the Village of Endicott, Town of Union, and Broome County Zoning and Planning boards that this new business activity is a permitted use, or show that a Special Use Permit has been obtained.

Best Regards,
(your name)

More info:

• Facebook: Concerned Citizens of Endicott
• Master Document Collection: TinyURL.com/StopTheStinkTrucks

--

--
May you, and all beings
be happy and free from suffering :)
-- ancient Buddhist Prayer (Metta)

--

--
May you, and all beings
be happy and free from suffering :)
-- ancient Buddhist Prayer (Metta)

Got TCE? Just add Leachate, Horse Pee, and MBTE

​
The problems for poor Endicott, already a TCE contaminated Superfund Site, keep getting worse.

Yes you've been hearing about Landfill leachate.

Then we learned it was 10x SUPER CONCENTRATED
REVERSE OSMOSIS CONCENTRATE!

You won't believe the latest toxic crap we've discovered is being trucked in from over 2 hours away....

Warning...  this is extremely revolting....

Grab your Barf Bag before you read this one, friends.

http://williamahuston.blogspot.com/2016/08/endicott-ny-got-tce-just-add-leachate.html

--

--
May you, and all beings
be happy and free from suffering :)
-- ancient Buddhist Prayer (Metta)