CWM’s proposal to open a new hazardous waste landfill in the Town of Porter has been denied by a state siting board.
The board issued its ruling on Monday and relates to CWM’s applications for the RMU-2, the name for the proposed landfill, first submitted to the DEC more than 20 years ago.
CWM, a subsidiary of the nationwide Waste Management, previously operated a 47-acre landfill off of Balmer Road that covered land in portions of the towns of Lewiston and Porter for more than 20 years. That landfill has been closed since 2015. RMU-2 would have a capacity of 6 million tons, more than the 5-million-ton capacity of the previous landfill.
The board’s recommendation on the project will be considered by the state Department of Environmental Conservation; however, the agency itself will make the final decision on whether to approve the opening of another landfill in Niagara County.
Niagara County Legislator Irene Myers said Monday she expects the DEC commissioner to deny all environmental permits, as the hearing officer recommended.
“While our lawyers are still digesting the specifics of the decision, the bottom line is that CWM is prevented from constructing a new hazardous waste landfill in our community,” Myers said. “The health and safety of our residents has carried the day. It has been a long process, but I am so happy that our community never wavered in this long battle. This has always been about protecting our children and grandchildren from the consequences of bad, short-sighted environmental decisions that previous generations have had to live with.”
Myers said with RMU-2 not moving forward, “CWM must begin final cleanup of the site.”
The siting board’s reasoning in denying the Certificate of Environmental Safety and Public Necessity for RMU-2 reads:
1. There is no current or near-term need for increased capacity for hazardous waste management, such as the proposed RMU-2 landfill, in New York State
2. The proposed RMU-2 landfill does not conform to the siting criteria established for such a facility pursuant to ECL 27-1103 and 6 NYCRR 377.7
3. CWM Chemical Services, LLC failed to demonstrate by a preponderance of the evidence that the proposed siting of the RMU-2 landfill is otherwise necessary or in the public interest
4. The proposed siting of the RMU-2 landfill is not otherwise necessary or in the public interest.
Read full decision here.