Monday, April 13, 2020

Permit Came During Pandemic

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USPS: Wm Huston, PO Box 22, Endicott NY 13761
Donations in any amount desperately needed and gratefully received!
Contact Concerned Citizens of Endicott: 607-296-0671



PERMIT CAME DURING PANDEMIC
BH LTTE 4/12/2020
thanks pressconnects.com / Press & Sun-Bulletin!


============ BEGIN =============
Letter, as printed (slight edits)


On March 30th, Gov. Cuomo's DEC issued an Air State Facility Permit for Sungeel MCC Americas proposed Battery Incinerator in downtown Endicott, during a pandemic, and while everyone is home under curfew.

Bloody hell, what's the rush?

DEC assured us in the SEQRA "Negative Declaration", that there is "no identified creation of a hazard to human health", despite that at least 3 known carcinogens will be emitted.

DEC also told us, "The proposed action is consistent with local planning and zoning requirements. There is no identified creation of a material conflict with local land use plans", despite that a Hazardous Waste Incinerator is not a permitted land use in the Village according to local laws.

The applicant never approached the planning board, and never even obtained a building permit!

We were granted NO public hearing, and NO protections as an Environmental Justice Community.

The DEC has kept the community in the dark, and worked more as a project co-sponsor rather than a steward for the environment.

Ordinarily, there is a 30 day window to appeal with an Article 78 lawsuit, but all of the courts are closed to non-essential filings. So this facility will get constructed, and there is NO RIGHT TO REMEDY.

Nice going, Governor.

William Huston
Concerned Citizens of Endicott


============ END =============


Summary of DEC errors in the various permit docs:
  • The DEC claimed in the Notice of Completed Application 10/19/2019 this was an Unlisted Action. This MUST BE a Type I action (not unlisted) by 6 NYCRR 617.4 §(2),§(3),§(7), and §(10)!
  • The DEC claimed 10/19/2019 that the Coordinated Review was complete. (the village just ordered it Monday 4/6.)
  • The DEC claimed in the Negative Declaration 10/19/2019,

    8. The proposed action is consistent with local planning and zoning requirements.
    There is no identified creation of a material conflict with local land use plans.

    9. There will be no known impairment of the character or quality of important
    ... aesthetic resources, or of existing community and neighborhood character.

    11. There is no identified creation of a hazard to human health
 there was no material conflict with zoning or land use. (the village just begun to change the zoning 4/6).

Joseph Dlugolenski, Scott E. Sheeley, Reginald Parker, and Basil Seggos of the NYSDEC stated in the Notice of Completed Application, the SEQRA Negative Declaration, and the permit itself, seem to have violated NY Penal Law - PEN § 175.40 Issuing a false certificate, a Class E Felony!


New York Consolidated Laws, Penal Law - PEN § 175.40 Issuing a false certificate
A person is guilty of issuing a false certificate when, being a public servant authorized by law to make or issue official certificates or other official written instruments, and with intent to defraud, deceive or injure another person, he issues such an instrument, or makes the same with intent that it be issued, knowing that it contains a false statement or false information.

Issuing a false certificate is a class E felony.

New York Consolidated Laws, Penal Law - PEN § 70.00 Sentence of imprisonment for felony
2. Maximum term of sentence. The maximum term of an indeterminate sentence shall be at least three years and the term shall be fixed as follows:
(e) For a class E felony, the term shall be fixed by the court, and shall not exceed four years.

3. Minimum period of imprisonment. The minimum period of imprisonment under an indeterminate sentence shall be at least one year and shall be fixed as follows: (b) For any other felony, the minimum period shall be fixed by the court and specified in the sentence and shall be not less than one year nor more than one-third of the maximum term imposed.

New Videos!
PS: Here are some new videos:

This one came out great, and is jam-packed with info:
https://www.facebook.com/groups/ConcernedCitizensOfEndicott/permalink/562704317703623/

New Video today: "Let's call the Mayor":
(warning, Please only watch if you can deal with my anger .... )

This will be on YouTube soon for easier sharing. 
DAILY Planning Calls

We will be having
Stop the Incinerator Planning Calls
nightly at 4pm until 4/20,
when the hearing is scheduled to occur.

To participate: dial (712) 770-4726 
Access code: 954763
4pm DAILY
from: Tue 4/14/2020 to: Sunday 4/19/2020
ALL are welcome

(if that time is not convenience for you,
please let me know by email: WilliamAHuston@gmail.com
or phone: 607-296-0671)
It is important to get as many
residents of Endicott on the calls as possible
(and others impacted who live downwind,
or work in Endicott, etc)
so...
PLEASE SHARE THIS EMAIL!


Thank you,
BH


My sources tell me the Ladies are advancing the incinerator,
while the men voted against the public hearing.
Please call EVERY Trustee plus the Mayor!
Please grab the permits docs and look them over!
http://TinyURL.com/EndicottBatteryIncinerator
Here are the various terms of how the Applicant, the DEC, and the EPA classify this facility.
An incinerator is a PROHIBITED LAND USE under existing zoning!
Joseph Dluglolenski and Scott E. Sheeley of the NYSDEC seem to have violatedPenal Law - PEN § 175.40 Issuing a false certificate, a Class E Felony!
Zoning and Environmental Laws are Police Powers!


Let's look at the Negative Declaration....
There are several FALSE STATEMENTS here.
8: is consistent with zoning and local land use.
9: No known impairment of asthetic resources,
or of existing community and neighborhood character.
11: No identified hazard to human health.
Let's look at the Notice of Completed Application:
Notice of Completed Application 10/9/2019
http://www.dec.ny.gov/enb/20191009_reg7.html

The DEC LIED! a) This CANNOT BE an Unlisted Action due to the zoning change. It MUST be a Type-I action requiring an EIS. b) "No significant impact to the environment" is unsupportable, c) there was no coordinated review done



Please support my work: TinyURL.com/DonateToBillHuston
USPS: Wm Huston, PO Box 22, Endicott NY 13761
Donations in any amount desperately needed and gratefully received!
Contact Concerned Citizens of Endicott: 607-296-0671

--
William Huston:  WilliamAHuston@gmail.com
Binghamton NY

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