Aug 21, 2006
New York
Foes raise stink over firm permit
BY BILL EGBERTDAILY NEWS STAFF WRITER
Environmental advocates in the South Bronx have been trying for years to revoke the solid waste permit of the smelly New York Organic Fertilizer Co.
Now they've found out the firm, which roasts sludge to produce fertilizer pellets, doesn't actually have one anymore.
"I was definitely surprised that its permit has been lapsed for 18 months," said Kellie Terry-Sepulveda, executive director of The Point CDC, a longtime crusader for cleaner air in asthma-ridden Hunts Point. "It's also troubling."
Regulations do allow extension of expired permits but only if a "timely and sufficient" renewal application has been filed.
But the state Department of Environmental Conservation has rejected the company's renewal application as "incomplete" four times.
The discovery by Columbia University School of Law's Environmental Law Clinic was noted in a detailed letter to the DEC on behalf of The Point CDC.
Columbia lawyers cited city regulations, state regulations and case law, indicating that under the circumstances, the firm's renewal application should now be treated as a new permit application, requiring public hearings.
The letter also documents repeated violations of the fertilizer factory's expired permit and city law - including discharging untreated sewage into the East River.
The company general manager, John Kopec, said the facility has "made many changes" since most of the documented violations. Of the assertion that the firm no longer has permission to operate, Kopec deferred to counsel.
"Right now it's in our attorneys' hands," he said.
DEC spokeswoman Kimberly Chupa responded, "The department's treatment of this application is consistent with state law and regulations governing permit renewals. The solid waste permit application from [the company] which we have before us is a renewal/modification application.
"In December 2004, the department and the facility entered into a consent order to address previous air and solid waste violations. Currently, DEC is working with the facility to ensure that the renewal application and modifications are consistent with the consent order."
Rep. Jose Serrano (D-South Bronx) said he was "deeply concerned" about the company's record - especially a series of fires and explosions at the plant in the summer of 2004 - and called on the DEC to close the controversial facility.
"It is incumbent upon [the DEC] to fulfill its enforcement and oversight responsibility," said Serrano. "Until [the company] comes into compliance and has a valid permit to operate, it should be shut down."
August 21, 2006
New York Daily News
Elena Conte
Solid Waste and Energy Coordinator
Sustainable South Bronx
Greening for Breathing Coordinator
890 Garrison Avenue, 4th Floor
Bronx, NY 10474
phone 718.617.4668
fax 718.617.5228
elena@ssbx
New York
Foes raise stink over firm permit
BY BILL EGBERTDAILY NEWS STAFF WRITER
Environmental advocates in the South Bronx have been trying for years to revoke the solid waste permit of the smelly New York Organic Fertilizer Co.
Now they've found out the firm, which roasts sludge to produce fertilizer pellets, doesn't actually have one anymore.
"I was definitely surprised that its permit has been lapsed for 18 months," said Kellie Terry-Sepulveda, executive director of The Point CDC, a longtime crusader for cleaner air in asthma-ridden Hunts Point. "It's also troubling."
Regulations do allow extension of expired permits but only if a "timely and sufficient" renewal application has been filed.
But the state Department of Environmental Conservation has rejected the company's renewal application as "incomplete" four times.
The discovery by Columbia University School of Law's Environmental Law Clinic was noted in a detailed letter to the DEC on behalf of The Point CDC.
Columbia lawyers cited city regulations, state regulations and case law, indicating that under the circumstances, the firm's renewal application should now be treated as a new permit application, requiring public hearings.
The letter also documents repeated violations of the fertilizer factory's expired permit and city law - including discharging untreated sewage into the East River.
The company general manager, John Kopec, said the facility has "made many changes" since most of the documented violations. Of the assertion that the firm no longer has permission to operate, Kopec deferred to counsel.
"Right now it's in our attorneys' hands," he said.
DEC spokeswoman Kimberly Chupa responded, "The department's treatment of this application is consistent with state law and regulations governing permit renewals. The solid waste permit application from [the company] which we have before us is a renewal/modification application.
"In December 2004, the department and the facility entered into a consent order to address previous air and solid waste violations. Currently, DEC is working with the facility to ensure that the renewal application and modifications are consistent with the consent order."
Rep. Jose Serrano (D-South Bronx) said he was "deeply concerned" about the company's record - especially a series of fires and explosions at the plant in the summer of 2004 - and called on the DEC to close the controversial facility.
"It is incumbent upon [the DEC] to fulfill its enforcement and oversight responsibility," said Serrano. "Until [the company] comes into compliance and has a valid permit to operate, it should be shut down."
August 21, 2006
New York Daily News
Elena Conte
Solid Waste and Energy Coordinator
Sustainable South Bronx
Greening for Breathing Coordinator
890 Garrison Avenue, 4th Floor
Bronx, NY 10474
phone 718.617.4668
fax 718.617.5228
elena@ssbx
posted by Sludge at 8:04 PM
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