Waste Management's Legal Team, Harris Beach, PLLC, has released a formal response to the Knauf Shaw LLC's Notice of Intent Letter.
Over eight weeks have now passed since Linda Shaw's January 19th letter to Basil Seggos, Commissioner of the NYS Department of Environmental Conservation (NYSDEC). In this letter, Ms. Shaw notified NYSDEC, that Waste Management (WM) is in noncompliance with the department’s regulations on odors at its High Acres Landfill facility. Ms. Shaw recommended that the NYSDEC require immediate community air monitoring and that the NYSDEC revoke or suspend the WM’s Part 360 Permit (“Landfill Permit”) in three weeks, if odors and/or tremors did not permanently cease.
In response to Knauf Shaw, LLC, Mr. Picciotti has stated that "...while the increased levels of odors have not been acceptable to Waste Management given its operation history at the Landfill, they simply do not rise to the level constituting a nuisance, including for the reasons set forth in this response."
Mr. Picciotti further explains that "...while the odors experienced since the fourth quarter of 2017 are not in keeping with Waste Management’s previous long track record for operations at the Landfill and which it expects to achieve again in the short term, they do not constitute a public nuisance as previously discussed. In any event, the referenced provisions of Part 360 alleged to be violated do not apply in light of the comprehensive nature of the Title V Permit."
However, FAFE would like to point out that, on at least two occasions, members of WM have publically stated that the odors at High Acres do constitute a nuisance. Two such examples can be found in the official Town of Perinton Conservation Board Meeting Minutes. During this meeting, both WM Senior District Manager, Jeff Richardson, and WM Area Director of Disposal Operations, Steve Poggi, stated that the odors were a nuisance to the community. See the below exerpts:
FAFE continues to believe that the odors at High Acres Landfill constitute a nuisance to the surrounding communities and that a permanent cap and closure of the landfill is necessary.
All Town of Perinton Conservation Board Minutes can be found here.