Monday, July 20, 2020

tonight's meeting

Zoom deets:
Public Hearing: Endicott Board of Trustees July 20, 2020, at 7:00 PM: "A Local Law Repealing The Local Law Making Recycling Facilities A Permitted Use In Industrialized Zones"

Meeting Link: https://us02web.zoom.us/j/82089707613
Meeting ID:  820 8970 7613
Dial-in phone number:  1-929-436-2866

What I will discuss:
  • Prior to 5/7/2020 there was an EXPRESS PROHIBITION on incinerators in the VIllage of Endicott in any zone.

    https://ecode360.com/26797943




  • In order to put an incinerator in the Village, the zoning had to be changed to REMOVE THE PROHIBITION. 

  • Mayor Linda Jackson repeatedly called this "adding special restrictions on recycling facilities", however, the 2010 NYS Rechargeable Battery Recycling Law made it ILLEGAL for local municipalities to "put special restrictions on battery recycling facilities" due to a state preemption.

    See: https://codes.findlaw.com/ny/environmental-conservation-law/env-sect-27-1811.html



  • The validity of the Protest Petition is still being determined by the engineering firm. . NO BUILDING PERMIT should be issued before this is complete.
  • Even without the protest petition, the 5/7/2020 vote FAILED 3:2 due to an ADDITIONAL Supermajority requirement from GML 239-m(5). (see attached Braymer Letter 5/7/20)

    https://codes.findlaw.com/ny/general-municipal-law/gmu-sect-239-m.html



  • The DEC REVOKED the permit 5/20/2020 due to a necessary permit modification. NO BUILDING PERMIT should be issued without the DEC permit being complete.

  • There is presently a ZBA appeal filed by Claudia Bramer, scheduled for the agenda 7/30/20 which challenges the legitimacy of the local law.  NO BUILDING PERMIT should be issued without the ZBA's determination.

  • The DEC permit is ILLEGAL because

    • TYPE-1 SEQR: This project was misclassified as an UNLISTED ACTION.  This project MUST BE a Type-1 SEQR action due to a REQUIRED ZONING CHANGE impacting > 25 acres: (6 NYCRR 617.4(b)(2)). Due to DEC's oinitial error, we were DENIED OUR DUE PROCESS RIGHTS, our rights to a GML 239-m "Coordinated Review"
      of the facility.

    • COORDINATED REVIEW: On 10/9/2019, DEC said ("Notice of Completed Application") that "A Coordinated Review was Performed". When Village Attorney Bob McKertich asked the DEC about this in his 2/6/2020 letter, DEC's atty Joe Sluzar responded that it was "a typographical error".

    • NEGATIVE DECLARATION:  The original Negative Declaration (10/2/19) and the Amended Negative Declaration (3/27/20) FAILED to identify ONE unmitigated potential impact, which would trigger an Environmental Impact Statement. 

      This, despite that No Burn Broome and Concerned Citizens of Endicott together have identified DOZENS of unmitigated impacts:

      Human Health Impacts, Air and Water Pollution, Road use impacts, Risk of extreme fires which CANNOT BE FOUGHT, Risk of Explosion, Socio-economic impacts such as loss of property values, loss of tax base, and other Quality of Life Impacts.

      A POSITIVE DECLARATION MUST BE ISSUED and an EIS prepared.

    • ENVIRONMENTAL IMPACT STATEMENT: 

      Because the DEC failed to identify just one unmitigated impact of dozens, we were denied a comprehensive Environmental Impact Statement, which would have allowed us time to explore all of these various impacts, and consider PROJECT ALTERNATIVES, including the No Action Alternative.

    • PUBLIC HEARINGS:

      Typically with a full EIS, there are FOUR public hearings: 1) Scoping, 2) Draft EIS, 3) Final EIS, 4) permit.

      We got ZERO, not four.

    • ENVIRONMENTAL JUSTICE PROTECTIONS

      We Demand the NYSDEC provide us all protections
      afforded to Environmental Justice Communities under
      Commissioner's Policy CP-29

Hope this helps!
BH


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

Public Service Mapping / Videography / Research / Education / Safety Advocacy
Blog -- Facebook -- Twitter  -- Youtube -- Podcast Blog
Document collections: VirtualPipelines -- BHDCSDimockArchive
Please support my work! -- TinyURL.com/DonateToBillHuston



Friday, July 17, 2020

The Village of Endicott *Does Not Exist*

ROGUE VILLAGE!
★ NO LAW! ★ Anything Goes! ★

Fun Fact: Neither the Village of Endicott, nor the NY Department of State can locate the Endicott Village Charter. 

see attached

(I first started looking for the VoE charter around 5 years ago)

Today I got word from the NYS Dept of State: "No such records exist".

There is NO PROOF that the Village of Endicott exists as a Valid Municipal Subdivision of NY, nor that any local laws have any legal authority.

BH
607-296-0671 

Monday, July 6, 2020

Endicott Battery Incinerator Updates / Bill Huston Podcast

(SEQR process flow: SLIDE from recent video adapted+improved by BH)

Hi Friends,

I have two new videos published on the incinerator today.
Both were older events which I never published previously.

I am $8.40 short of being able to pay my phone bill.
I am getting disconnect notices.

I am going to try to keep producing material
until I cannot any longer. 
(SEE BELOW for NEW MATERIAL)



I need emergency financial support!
I have $1,377.20 in unpaid bills. 
I would like +$200 for food, laundry, modest program costs.TOTAL ASK: ~$1,600

If you appreciate my work, and/or care about me, I would appreciate
donations in any amount, if you are able.

USPS: Wm Huston, PO Box 22, Endicott NY 13761

I have a SPECIAL GIFT for donors over $100

BILL HUSTON is going over a cliff.
Are you going to reach out your hand?
Or are you going to wave goodbye?

I have $1,377 in bills immediately due.
I would like $200 for food, laundry etc.

Everything is past due, rent, phone, internet, storage.
I have incidental and necessary program costs 
immediately due. I need emergency funding.

Look at what I have done with my life for TEN YEARS

Bill Huston Success Stories:

Here are all of the SUCCESSFUL environmental campaigns
I have made significant contributions to:
  • $1B 124 mi Constitution Pipeline = DEFEATED
  • Kinder-Morgan NED = DEFEATED
  • I-81 Pipeline = DEFEATED
  • LPG at Seneca Lake = DEFEATED
  • CH4 Expansion at Seneca Lake = DEFEATED
  • Fracking in NY = DEFEATED!
  • Fenton #BombTrucks terminal = DEFEATED
  • WPX Energy => GONE from PA
Here's a BIG ONE:
  • Cabot Oil and Gas ==> Attorney General Josh Shapiro announced 15 criminal counts against the Houston-based Cabot Oil and Gas, including nine felonies.
    I have not been able to discuss this up until now, but I (along with Craig L. Stevens) wrote a Private Criminal Complaint in Feb 2018, which I believe became the basis of the Attorney General's indictments of Cabot.

    Cabot has spent est. ~$1M to $2M chasing me in the courts, harassing me, following me, making threats of "discovery" of personal information, threats of financial sanctions and JAIL, for about the last two years. This was as a result of my giving assistance to Raymond Kemble in various ways.
And just announced:
  • The $8B 600 Mile Dominion Atlantic Coast Pipeline: DEFEATED!!!
    I was invited by Swami Dayanada Saraswati of Yogaville to come to Buckingham Co., VA, and give a talk about how to defeat a pipeline in April 2015: 

    Nadia Steinzor / Bill Huston:

    Pipelines & Yogaville, Buckingham County VA

    youtube.com/watch?v=fP9_uZJUE0w

As you will see,
my message to Yogaville was simply:
YOU MUST BELIEVE THAT YOU CAN WIN!

The only difference between PA and NY I can see
is that people in PA are broken, defeated,
after 100 years of colonization by extraction industries.
PA people: "There is nothing I can do to stop it."

Whereas, people in NY say, "NO WAY!"
and we don't stop these projects every time,
but we do QUITE OFTEN!

=================


I need emergency financial support!
I have $1,377.20 in unpaid bills. 
I would like +$200 for food, laundry, modest program costs.TOTAL ASK: ~$1,600

If you appreciate my work, and/or care about me, I would appreciate
donations in any amount, if you are able.

USPS: Wm Huston, PO Box 22, Endicott NY 13761

I have a SPECIAL GIFT for donors over $100

I have tried to live my life with
PERSONAL INTEGRITY
LIVE ACCORDING TO MY VALUES.

I have done thousands of hours of SERVICE WORK
DONATING my many and highly valuable/marketable skills
to the Public Service, protecting Public Safety, Public Health
protecting CLEAN WATER and AIR.

Working in the Service of 7 Generations.

Who is Bill Huston?

I was very lucky for most of the 2010s
to have a part time job, with flexible hours
which paid me a lot of money.

I don't usually talk about my qualifications.
I feel like it's boasting. I try to be more humble.

But this whole (Death) Kulture we have here
seems to be so GODDAMN fixated on Pedigrees.

Guess what? If you think that science is only for
Certified, and Properly Credentialed Academics
from the Top Institutes of Learning
... then you have MISSED THE MESSAGE
OF THE ENLIGHTENMENT.

BILL HUSTON'S CV / Professional Resume

I am a Unix Systems Engineer
I am a master technician and troubleshooter
in large, complex systems. I specialize
in Root Cause Analysis, Analysis of large, unstructured Datasets.
Data visualization, Unix tools.
I have made lots of $$$ working
for Fortune 100 Companies.

The last company I worked for was a pure research firm.
Their hiring ration was like 1,000:1
They would look at 1000 people and hire 1.
They said it was like Google.
Only the best of the best were hired.

I can hardly believe that it's true.
(I have low self esteem)
But it is true.

I maintained and repaired
Custom Supercomputers
and Large Linux Clusters
in a State of the Art Datacenter.

I worked there for 8 years.
I was very highly compensated.

But I have made a conscious effort
to DEVOTE MY MANY SKILLS
to doing PUBLIC SERVICE WORK.

I work in the service of ALL BEINGS!
I wish ALL BEINGS are happy and free from suffering.

I do ORIGINAL RESEARCH in many areas,
including my attempts to Calibrate PHMSA's PIR formula

I did Major Investigations into
  • Merrimack Valley Gas Explosions [1] [2]
    I pointed out several ERRORS and OMISSIONS in the NTSB report, and posited an Alternate Explanation which *makes sense* (as opposed to the official story)
  • Sissonville VA pipeline explosion
  • Mayflower AR tar sands spill
  • Transcanada Leach Xpress explosion
  • Endicott Leachate Dumping ("Stink Trucks")
    [documents archive: TinyURL.com/StopTheStinkTrucksDocuments]

My latest work is fighting a
HAZARDOUS WASTE INCINERATOR being planned 
in Downtown Endicott. 

I have worked on this nearly full time since Nov 2019.


Video collection (45 videos, 60+hours

): TinyURL.com/EndicottBatteryIncineratorVids

I think we are going to win this, because we have a large community
group formed to resist the facility. Signs like this, and other designs,
many hand-made are popping up everywhere:


THIS IS MY WORK!

The Battery Incinerator was in the works since summer 2018,
and NO ONE KNEW about it (except for a few politicians)
NO ONE INFORMED THE COMMUNITY!

The NEWS MEDIA LIED about the true nature of the plant.
The POLITICIANS ALL LIED and used deception.
Called it "green manufacturing".

It was BILL HUSTON
who INFORMED THE COMMUNITY!
in Nov 2019 I TOLD ENDICOTT
"HEY! An Incinerator is Coming!!!"
[:VIDEO:]




I need emergency financial support!
I have $1,377.20 in unpaid bills. 
I would like +$200 for food, laundry, modest program costs.TOTAL ASK: ~$1,600

If you appreciate my work, and/or care about me, I would appreciate
donations in any amount, if you are able.

USPS: Wm Huston, PO Box 22, Endicott NY 13761

I have a SPECIAL GIFT for donors over $100

Thank you!! God bless you.
Thank you for caring about me and supporting my work.


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

Public Service Mapping / Videography / Research / Education / Safety Advocacy
Blog -- Facebook -- Twitter  -- Youtube -- Podcast Blog
Document collections: VirtualPipelines -- BHDCSDimockArchive
Please support my work! -- TinyURL.com/DonateToBillHuston



Sunday, June 21, 2020

Endicott Incinerator: All my docs on Sungeel Mechanic's Lien, Building/Demolition Permits, correspondence w/Code



Hi,

I was asked to pull together everything I have relating to Code Enforcement, Building Permits, and the highly shady Demolition which occurred between Dec 2018-Aug 2019.
Contractor M. Cristo placed a mechanics lien on the property in December.

There are actually now TWO lawsuits over this, M. Cristo is suing Sungeel in Rensselaer County, and Sungeel is suing M. Cristo in Broome County. (summary: two shady operators, and a deal gone bad)

Also, the building/demolition permits allegedly issued by Code for the Demolition work in 2018 have irregularities: There is no fee (should be $15 -- this means no ledger entry which is a way to authenticate), and some are not signed.

I spoke with Brian Botsford on the phone, and he also replied by email. (docs are here). 
His answer was basically, "we give Huron special treatment. It's always been that way.".

This is consistent with a statement which some Code officer told my friend Mark Bacon in 2019. Mark reported the poor condition of the buildings across the street, and that there was brown ooze leaking from the roof down the side of the building. Mark was getting hassled by code over a sign he put up, and Mark basically said, "What about them over there?"  The Code Officer (I don't know who) told Mark, "They are under special rules."

So be sure to see my FOIL request to Code for "...records which indicate which companies get the the Special Huron Treatment" and Code's response.

Browse the collection online:

Reminder that ALL of my docs on the Sungeel Incinerator are here:

PS: I have several new videos up on my Youtube Channel.
TinyURL.com/EndicottBatteryIncineratorVids


==========================================
Two Donna Lupardo Letters Pt1
 
 
==========================================
Donna Lupardo Two Letters Part 2


24:16
==========================================

The Story of the Endicott Incinerator: IN PLAIN ENGLISH!


1:03:04

==========================================

Endicott Village Board Meeting 6/15/2020


2:33:20

==========================================


Does my work have value to you?
or to this community? or regionally?


.                                                   .
SUSTAINING FUNDING NEEDED!
.                                                   .

My needs are very low! 
I no longer have a car. I live very frugally. I put my heart and soul into the work of PROTECTION.

I need to raise just ~$600 of sustaining donations every month just to
meet my bills. Please help if you can. Donations in any amount are appreciated:

I have a solid 10 years of environmental work including on several
winners! (Constitution Pipeline, Fracking in NY, Gas Storage at Seneca Lake, NG Advantage #BombTrucks terminal in Fenton)...


DONATE HERE:
Thank you!


Best, BH

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

Public Service Mapping / Videography / Research / Education / Safety Advocacy
Blog -- Facebook -- Twitter  -- Youtube -- Podcast Blog
Document collections: VirtualPipelines -- BHDCSDimockArchive
Please support my work! -- TinyURL.com/DonateToBillHuston



Wednesday, June 3, 2020

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
ph: 607-296-0671
usps: PO Box 22, Endicott NY 13761




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

Public Service Mapping / Videography / Research / Education / Safety Advocacy
Blog -- Facebook -- Twitter  -- Youtube -- Podcast Blog
Document collections: VirtualPipelines -- BHDCSDimockArchive
Please support my work! -- TinyURL.com/DonateToBillHuston









Sunday, May 31, 2020

5/17/2020 PSB Guest Viewpoint: Battery Recycling Plant


Battery recycling part of building green economy

Your Turn

Linda Jackson and Cheryl Chapman Guest columnist

In September of 2018, Empire State Development (ESD) announced that a battery recycling facility would be locating in the Village of Endicott, as part of a green jobs initiative.

ESD had recruited SungEel HiTech to Endicott to work with Binghamton University's battery research team, headed up by Nobel laureate Stanley Whittingham, and iMperium3, the new battery manufacturing plant going into Huron Campus.

We were not initially in favor of this project, having heard about the potential negative impacts on the environment. After everything the village has been through over the years, the last thing we wanted was to risk the health and safety of village residents. But we decided to do our homework and to get all of the facts and data we could.

We attended workshops, public meetings and reviewed numerous documents from the Department of Environmental Conservation (DEC). We participated in the public comment process and met with state elected leaders,

county officials, and representatives of ESD, DEC and SungEel. We learned that the plant did not even need to receive a state facility permit to operate because of the low air emissions projected, but the DEC took that extra step. Information about their thorough findings can be found on the village website, endicottny.com.

The vote taken last Thursday by the board has NO impact on whether the battery recycling facility will be allowed to operate in the Village of Endicott. The DEC has already issued a state facility permit.

This zoning code change was meant to clarify and add restrictions to protect the village, for all current and future recycling facilities that intend to operate in our Industrial Zone. There is currently a petition circulating in an attempt to revisit the passage of Thursday's zoning change; the only thing this petition, and the misinformed group behind it, can accomplish is to defeat the additional protections we are putting in place.

This continues to be viewed favorably by all of the partners. There was nothing controversial about this when it was announced, nor through the DEC review process. According Dr. Whittingham, "the recycling of lithium batteries is critical to a sustainable world. Responsible battery recycling will help to minimize fires such as what recently occurred in Apalachin, and reduce disposal in county dumps. SungEel's approach to recycling is what we would describe as brute force — they

turn all the metals in a metal rich ore that will go to the powder manufacturers for future use. It is a sound approach that DEC has approved."

Dr. Shailesh Upreti, chairman and director of iMperium3, added, "in order for us to convert Endicott into a next generation manufacturing hub and a community of green visionaries, we must support companies that are bringing cutting edge processes to this region."

We agree with these distinguished scientists and are proud to be a part of building a new green economy in Endicott.

Linda Jackson is the mayor of the Village of Endicott, and Cheryl Chapman is the deputy mayor.