This evening I gave remarks at the East Greenbush community meeting to discuss the Dunn Landfill in the City of Rensselaer. My remarks from this evening are below:

I would like to thank Supervisor Conway and the Town Board members for conducting this local hearing for residents of East Greenbush and beyond to comment on the Dunn Landfill in the City of Rensselaer.  As many know, the Dunn Landfill has not been without challenges since the first complaint was received about the site in December of 2017. Since that time I have personally been involved in dozens of meetings with local officials, state officials, and residents. I also have been directly involved in fielding and following up on complaints, mostly based on odors but many based on dust and traffic concerns.

Since the complaints started, I believe that the New York State Department of Environmental Conservation (NYSDEC) has been very responsive to the concerns expressed by residents. Senator Breslin and I have conveyed every complaint to NYSDEC.  Based on conversations with local officials at the city level as well as residents, the odor issues have improved dramatically since DEC has required the operators to install an elaborate and costly gas extraction system at their own cost.  Still, I recognize that there is much more that needs to be done as this is a quality of life issue not only for those living in the City of Rensselaer but also those living in adjacent communities such as East Greenbush.

It is not lost on me that the Common Council of the City of Rensselaer, the current Mayor, and a mayoral candidate have all called for the Dunn facility to be closed immediately and for the current permit to not be renewed when it expires in June 2022. This is a very strong statement coming from community leaders, especially since the closure of the landfill will produce up to a $1 million revenue hole in the city budget which is 14% of the city budget. To me that reinforces the concerns raised by the residents and that quality of life supersedes financial impacts on the community, a prioritization that I absolutely agree with.

It is important to remember that there are two separate issues under discussion. First, some are calling for immediate closure of the Dunn landfill which presents legal issues and obstacles as even the proponents of immediate closure recognize. The second issue is ensuring that any permit renewal application that is submitted in 2022 not be approved. Immediately closing the landfill may sound simple but it is not an easy process as I have discussed and examined extensively with state and local officials.  Even though I was not involved in the initial permit that was approved prior to 2012, I am well aware of the processes in place in state law. To be clear permitted projects are entitled to due process under the law and there is a process in place to show that an immediate shutdown is warranted. This can be a double-edged sword and serves as a reminder to all of us that for DEC to not approve a renewal permit, there is much work to be done to show not only community opposition but also negative community impacts. As one who has worked on the issues raised at Ezra Prentice in Albany, the Colonie Landfill and the impact on Cohoes and Waterford, and the Norlite Facility which previously burned PFAS materials, it is important to note that the process can be longer than many like. However, outcomes and results can be achieved, but we do need public support in this effort.  As I said a minute ago, I understand that many want to say “close the landfill” but action is needed to achieve that goal.

As many individuals know, both Senator Breslin and I carry legislation that we have been working to enact into law that forbids the placement of landfills of this nature next to schools.  As I have said publicly in the past, there is no logical reason why this landfill should have been placed near the schools. Fortunately, working with the Mayor, the Council, the County Executive, and Senator Breslin we were able to bring the NYS Department of Health (NYSDOH) in for testing in our schools and requested that DEC expand its monitoring at critical sites around the landfill and community. To date, this enhanced monitoring and testing has not found any health impacts. This is good news, however as I said, there is more work to be done and the vigilance must continue.

My reason for stating the above is that even though odor and complaints have subsided, I do not want residents to have a false sense of security that DEC will close Dunn Landfill solely on a resolution from the local elected body.  Don’t get me wrong, the message is important. However, what is going to play a critical role in the future of Dunn is evidence of negative impacts that can be provided to DEC and other appropriate bodies that will make the ultimate decision.  In other words, the public’s concerns need to come from community members directly to demonstrate that Dunn landfill cannot operate a safe facility at its current location.  It is up to members of the public who live in these communities to demonstrate that the Dunn Landfill cannot operate in a way that also allows for a safe and healthy environment. I stand ready to assist those residents in conveying those concerns.

Some have asked me to write a letter to the Governor asking to immediately shut down the landfill. I understand the request but as I have explained, the best use of my time is to work with community members on relaying complaints to DEC to immediately be addressed and focus on ensuring that the community members are heard when the process for any renewal moves forward. If I send a letter to the Governor asking for something that I know cannot be done unless there is an immediate and imminent threat to health or safety, then I will just be sending a letter that is misleading and disingenuous since I know what the actual process is. However, if there is any factual evidence that is provided showing that the facility is an immediate danger to public health, I will absolutely call for immediate closure. If circumstances rose to that level, DEC would be empowered to do just that. I genuinely believe my role is to listen to the community, help connect the resident’s concerns to the regulator (DEC), and hold the regulator accountable to do their job.  That is what I have been doing and what I will continue to do. I share these thoughts tonight to remind the residents in the City of Rensselaer and beyond that I will continue the fight to protect health, safety, and quality of life.