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$1.4M bill to cap landfill concerns New Lebanon
By Bob Green
For Hudson-Catskill Newspapers
NEW LEBANON — “I’ll go down there and kick you know what,” said Supervisor Margaret Robertson to residents and Town Board members at the October meeting. She was talking about future negotiations with county officials over who will cover what could be a $1.4 million bill for capping a landfill in town.
New Lebanon’s landfill was one of a dozen slated by the county for closure in the 1980s. For reasons now unclear, it was the only one not closed at the time and with the next deadline for action by the state Department of Environmental Conservation coming in December, the issue has taken on new urgency.
Councilman Bruce Baldwin is adamant that the county was supposed to pay for the remediation back at the time, but he now doubts that possibility and is worried about the impact on taxpayers.
“The county needs institutional memory,” Baldwin said. Because New Lebanon was part of a countywide solid waste plan, Baldwin says the county is liable, but now “they are throwing a $1.4 million project on the town,” he said.
Baldwin said that former Supervisor David Katzenstein was told by the county that the town would only be responsible for 10 percent of the project, but no written proof exists.
Reached after the meeting, Robertson said that the possibility of reimbursement “depends on the next step,” but no matter what, “it’s a glaring fact that we need to get it capped.” Despite soil and water tests, which she said show only “very small amounts of problem material, it requires appropriate capping. … It has to be sealed over just like everybody else,” she said.
There are still many unanswered questions. “Who accepted the county’s decision to let New Lebanon keep the landfill open? Where’s the paperwork “covering events going back up to 24 years,” asked Robertson.
“It’s not clear to me the whole process we have to go through, but I am holding out hope that our contribution will be minuscule. We need the county to come to the table,” she said. She also noted that at least one town in the region had received stimulus funding for the same use.
Baldwin said that funding for a similar project in Plattsburgh “had to wait. And with the state nearly bankrupt,” there is doubt as to when those funds will become available.
Baldwin also took exception to an invoice for $30,000 from engineering firm Barton and Loguidice, whose latest study of the site was the subject of an executive session in September. The document has not yet been released to the public.
The same firm did the original feasibility and engineering studies for all 12 landfills, according to Baldwin, so he considers the current invoice to be “double charging.” “Now we are asked to pay without the document in the hands of the public. It’s absurd,” he said.
Councilman Monte Wasch pointed out that the previous supervisor had signed the contract, but in the end, the invoice was held open by the board pending further clarification.
Robertson is hopeful that the DEC’s December deadline can be extended, as long as the town “is showing good faith” toward a resolution. New Lebanon was not so lucky in 2008, when the DEC levied a fine for another missed deadline. “They were unyielding and unforgiving,” she said of the agency’s behavior in that case.
Lebanon Valley Speedway owner withdraws campground application
In other news, Howard Commander, owner of Lebanon Valley Speedway, announced that he was withdrawing his application for a campground at the track, because a campground is not what he wants or has. Commander submitted an application after it became clear that the track’s long-standing practices no longer appeared to comply with the town’s zoning laws, which are currently under revision.
“I am not running a campground … I don’t charge anyone. What we have is event parking. We can’t find one track in the United States that had to apply for a (campground) permit,” he said. Despite past practices, Commander said he now wants to “open my gates before the event and lock them after the event.” That way, trackgoers can “cross the street” after a late night, “sleep and go home. It’s an accessory use to the speedway.”
Gary Waters, who lives only a mile from the speedway and is a regular visitor, said this arrangement was safest. “We are basically just staying overnight. We have a few beers and walk across the street. We are gone by noon the next day,” he told the board. Waters said, “I would leave my camper (all season) if it was possible.”
In that case, more regulation would still be in order, said Baldwin. “My concern is the town’s liability. We are in a vulnerable situation,” referring to a fire last summer involving adjacent vehicles. “Setbacks are a concern,” he added.
New Lebanon’s landfill was one of a dozen slated by the county for closure in the 1980s. For reasons now unclear, it was the only one not closed at the time and with the next deadline for action by the state Department of Environmental Conservation coming in December, the issue has taken on new urgency.
Councilman Bruce Baldwin is adamant that the county was supposed to pay for the remediation back at the time, but he now doubts that possibility and is worried about the impact on taxpayers.
“The county needs institutional memory,” Baldwin said. Because New Lebanon was part of a countywide solid waste plan, Baldwin says the county is liable, but now “they are throwing a $1.4 million project on the town,” he said.
Baldwin said that former Supervisor David Katzenstein was told by the county that the town would only be responsible for 10 percent of the project, but no written proof exists.
Reached after the meeting, Robertson said that the possibility of reimbursement “depends on the next step,” but no matter what, “it’s a glaring fact that we need to get it capped.” Despite soil and water tests, which she said show only “very small amounts of problem material, it requires appropriate capping. … It has to be sealed over just like everybody else,” she said.
There are still many unanswered questions. “Who accepted the county’s decision to let New Lebanon keep the landfill open? Where’s the paperwork “covering events going back up to 24 years,” asked Robertson.
“It’s not clear to me the whole process we have to go through, but I am holding out hope that our contribution will be minuscule. We need the county to come to the table,” she said. She also noted that at least one town in the region had received stimulus funding for the same use.
Baldwin said that funding for a similar project in Plattsburgh “had to wait. And with the state nearly bankrupt,” there is doubt as to when those funds will become available.
Baldwin also took exception to an invoice for $30,000 from engineering firm Barton and Loguidice, whose latest study of the site was the subject of an executive session in September. The document has not yet been released to the public.
The same firm did the original feasibility and engineering studies for all 12 landfills, according to Baldwin, so he considers the current invoice to be “double charging.” “Now we are asked to pay without the document in the hands of the public. It’s absurd,” he said.
Councilman Monte Wasch pointed out that the previous supervisor had signed the contract, but in the end, the invoice was held open by the board pending further clarification.
Robertson is hopeful that the DEC’s December deadline can be extended, as long as the town “is showing good faith” toward a resolution. New Lebanon was not so lucky in 2008, when the DEC levied a fine for another missed deadline. “They were unyielding and unforgiving,” she said of the agency’s behavior in that case.
Lebanon Valley Speedway owner withdraws campground application
In other news, Howard Commander, owner of Lebanon Valley Speedway, announced that he was withdrawing his application for a campground at the track, because a campground is not what he wants or has. Commander submitted an application after it became clear that the track’s long-standing practices no longer appeared to comply with the town’s zoning laws, which are currently under revision.
“I am not running a campground … I don’t charge anyone. What we have is event parking. We can’t find one track in the United States that had to apply for a (campground) permit,” he said. Despite past practices, Commander said he now wants to “open my gates before the event and lock them after the event.” That way, trackgoers can “cross the street” after a late night, “sleep and go home. It’s an accessory use to the speedway.”
Gary Waters, who lives only a mile from the speedway and is a regular visitor, said this arrangement was safest. “We are basically just staying overnight. We have a few beers and walk across the street. We are gone by noon the next day,” he told the board. Waters said, “I would leave my camper (all season) if it was possible.”
In that case, more regulation would still be in order, said Baldwin. “My concern is the town’s liability. We are in a vulnerable situation,” referring to a fire last summer involving adjacent vehicles. “Setbacks are a concern,” he added.
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