Bill Huston Podcast: NYS DEC must START OVER (Sungeel Incinerator Permit)

TO: Assemblywoman Donna Lupardo <LupardoD@nyassembly.gov>,
NY State Senator Fred Akshar <akshar@nysenate.gov>,
Broome County Executive Jason Garnar <CountyExecutive@broomecounty.us>,
DEC Commissioner Basil Segos <basil.segos@dec.ny.gov>,
Matthew Marko <matthew.marko@dec.ny.gov>,
"Parker, Reginald" <reginald.parker@dec.ny.gov>,
"Dlugolenski, Joe M (DEC)" <joe.dlugolenski@dec.ny.gov>,
"Scott Sheeley" <scott.sheeley@dec.ny.gov>,
"Eric Gertler (ESD)" <eric.gertler@esd.ny.gov>,
"Brenda Grober (ESD)" <Brenda.grober@esd.ny.gov>,
"Howard Zemsky (ESD)" <Howard.Zemsky@esd.ny.gov>,
ESD So. Tier <nys-southerntier@esd.ny.gov>,
ESD Press Office <Pressoffice@esd.ny.gov>,
Glendon Archer <info@metallicacc.com>,
Danish Mir <danish@smccrecycling.com>,
Thomas Fucillo, esq <tfucillo@barclaydamon.com>,
Joseph Sluzar, esq <joseph.sluzar@dec.ny.gov>,
Lawrence Weintraub, esq <Lawrence.weintraub@dec.ny.gov>,

CC: News Media
Paul Connett, Ellen Connett, Judith Enck, Claudia Braymer esq,
Robert H. McKertich, esq.
VoE Manager Anthony Bates <abates@endicottny.com>,
VoE Mayor LINDA JACKSON <VOEMAYOR@endicottny.com>,
VoE Trustee Ted Warner <twendicott@aol.com>,
VoE Trustee Patrick Dorner <dorneradjjmd@verizon.net>,
VoE Trustee CCHAPMAN@endicottny.com,
VoE Trustee EKONECNY@endicottny.com,

RE: Air State Facility Permit 7-0346-00218/0000

Issued 3/30/2019

Temporarily Rescinded 5/20/2020 for modification re: PFAS

Concerned Citizens of Endicott are happy that the DEC has

put this permit on hold for modifications.

However, THIS ACTION IS INSUFFICIENT to address the many flaws with this permit.

The Sungeel Incinerator was MISCLASSIFIED by NYSDEC as an Unlisted SEQR action. It MUST BE a Type-1 SEQR due to a REQUIRED Zoning Change > 25 acres. 6 NYCRR 617.4(b)(2). The size of Endicott's Industrial Zone is approximately 560 acres.

Please see the attached graphic (SEQR Flowchart).

We were given the red path ("unlisted SEQR").

However, the green path ("Type-1 SEQR") MUST BE TAKEN.

A Coordinated Review is REQUIRED and NOT OPTIONAL with a Type-1 SEQR.

Joseph Dlugolenski claimed in the Notice of Completed Application on 10/2/2019 that "A coordinated review was performed". THIS IS A FALSE STATEMENT.

In a 2/6/2020 letter to the NYSDEC, Village Attorney Robert McKertich writes:

3. Defects in the SEQR Review Process

I have been informed that the DEC already issued a Negative Declaration under SEQR with respect to the project. This is despite the fact that the DEC's SEQR record indicates the performance of a coordinated review. It is my understanding that the Village never received a Notice of Interested or Involved Agency, as is required under 6 NYCRR 617.3. Given that no one contacted the Village regarding the SEQR review process, it is unclear what public body was involved in the coordinated review other than the DEC.

To which NYS DEC attorney Joseph Sluzar responded on 2/27/2020:

"As you correctly point out, the Notice issued by the DEC in the ENB described the SEQRA process as a 'coordinated review'. That was a simple typographical error, because the review was "uncoordinated". In my opinion, that error does not invalidate the SEQRA process."

Additionally, on Oct 2, 2019, Mr. Dlugolenski, in the "Negative Declaration", stated, among other materially false statements,

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.

This is ALSO a false statement, since incinerators are not a permitted land use under existing Village Code.

We the PEOPLE of Endicott were DENIED our rights of Due Process!!

Because of the history here of TOXIC, INDUSTRIAL CONTAMINATION, We the People of Endicott deserve the HIGHEST level of environmental review!!!

to wit,

Type-1 SEQR Review,
with a POSITIVE Declaration
Preparation of an Environmental Impact Statement,
ALL FOUR Public Hearings which are typical with a Type-1 SEQR (1: Scoping, 2: DEIS, 3: FEIS, 4: Permit).

If NYSDEC re-issues a modification of this permit WITHOUT CORRECTING THESE DEFECTS, Concerned Citizens of Endicott states that it us our intention to persue all legal remedies available to us to challenge this permit.

Additionally, I will be making a Private Criminal Complaint to the office of the NY Attorney General, Environmental Crimes Unit, and the Public Integrity Bureau, asking for a criminal investigation into this matter.

Kindest Regards,

William Huston

email: WilliamAHuston@gmail.com

ph: 607-296-0671

usps: PO Box 22, Endicott NY 13761