The Fight Must Continue!

On June 12, 2007 Perinton Supervisor Jim Smith announced that Waste Management withdrew their request of the town to approve a 100 foot vertical expansion of the High Acres Landfill in Perinton.

But, with the PSPA's subsequent evaluation of both the announcement and the all-important state DEC permit application, and after counsel with our attorneys we have determined that the vertical expansion is only temporarily postponed.

Waste Management has confirmed that they do not plan to withdraw their request from the DEC and intend to submit the request for a vertical expansion at a later date.

As a result the PSPA initiated legal proceedings against the DEC on Monday June 18, 2007 (petition.pdf)

The lawsuit "ripened" over the course of the next six months, with no arguments or trial dates set and was therefore dismissed without prejudice with State Supreme Court Judge Lindley in December 2007. It was the judge's decision that since the State DEC did not yet issue a permit, the PSPA had not yet incurred any "injury".

To date, the New York DEC has not issued a permit and we believe that this is due to our legal actions.

The PSPA Board has decided to appeal this ruling based on advice from our Counsel. We believe this will prevent issuance of the permit until such time the Appeal is addressed and will, therefore, delay the expansion of the landfill further.

Moving forward legally will require continued financial support from the membership.

We plan to continue to actively engage the Town Boards responsible for recommending and authorizing Perinton's approval for Waste Management to proceed. Approval from three different boards is required for a permit to be issued. Attendance by as many citizens as possible at relevant Town Board meetings will help our cause, and we will notify members of these meetings. The Conservation Board is presently reviewing recent information from Waste Management.

One of the most effective tools we have is to inform neighbors and friends, who may not even be aware of the impact and presence of the landfill, of what is planned for our community. Personal communication is very effective.

Where Is Town Leadership?

The town of Perinton quietly "negotiated" an unjust and out-dated Host Community Benefit Agreement based on earlier Agreements with Waste Management that preceded the rapid housing growth in the vicinity of the landfill.

The Agreement features none of the stipulations typically agreed to in other Municipality-Landfill Operator contracts, such as a Citizens Advisory Board, free garbage pickup service (not just recycling!), noise abatement and visual impact regulations.

There are no protections specific to the potentially stigmatized neighborhoods in the immediate vicinity of the landfill such as Property Value Protection plans, free water and soil testing or property tax abatements

• Until challenged by the PSPA, the town board advertised that your taxes will increase by 40% if the landfill closes. The truth is that town taxes represent only 4.6% of your total property taxes (which include school, county, library and emergency services taxes), so if the landfill closes tomorrow your total property taxes would increase by only 1.8%. For a $150,000 home this would represent a higher annual tax of $84, or just $7 per month!
• The 2007-2008 Fairport School District budget for which voters gave approval in May 2007 impacted our taxes by 2.2%--that's more than if the landfill closed!
• The town has not demanded an assessment of alternate technologies that might mean more efficient waste management, potentially shortenening the length of time for which Waste Management seeks approval; no study on impacts on global warming have been requested
• Not one of the town board members sees or smells the landfill from his or her home!
• Waste Management of New York has failed to grow vegetation on the slopes and top of the landfill. A pilot program has seen a 50% death rate of trees due to high winds on top of the current landfill. Why are our officials so passively negotiating a new deal without detailed visual impact, noise and other specifications? What will happen with the additional 50' increase in height already approved? The landfill has never looked worse than it does now-is anyone being held accountable?
• Very few neighborhoods existed in the High Acres area when the landfill began-most newer residents built their homes with the expectation that the landfill would be capped and closed within a decade. The rules of the game are being changed all too quietly! Where is the advocacy from town officials on behalf of their constituents who live and vote in the High Acres vicinity?
• Neighboring communities were notified en masse about the proposed expansion of High Acres only after complaints to the town for its lack of serious effort to engage the community. Supervisor Smith claimed in the media they were doing what was procedurally "legal". Why such complacency? These decisions impact the next half-century!