Rush, NY, USA

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FREQUENTLY ASKED QUESTIONS

HOW MANY WASTE HAULING TRUCKS WILL ENTER THE FACILITY EACH DAY?

At the design capacity of 1,000 tons per day, it is estimated there will be 60 waste hauling trucks a day entering the facility.

WHAT IMPROVEMENTS WILL BE IMPLEMENTED TO ENSURE TRAFFIC SAFETY?

High visibility and common crosswalks will be added on Institute Street, Ivory Street, Falconer Street, and Frew Run Road in the Hamlet of Frewsburg.  Signs are an essential and effective means to notify drivers and pedestrians of approaching hazards or special conditions.  New signage will be installed at the new crosswalks, reduced speed limit areas, and lengthened school zones.  Sealand will help fund, develop and maintain a Safe Kids Walk This Way pedestrian safety program for the Hamlet of Frewsburg.

Town roads along the planned route will be widened, drained and improved as needed within the existing right-of-way.  Facility related trucks will be subject to a lower speed limit, and new safety signage will be installed along the route.

The cost for all the above safety improvements will be borne by Sealand.

WHAT WILL BE DONE TO REPAIR AND MAINTAIN THE TOWN’S ROADWAYS, WHO WILL PAY FOR IT?

Under the Roadway Maintenance Program, Sealand will pay for all upgrades and maintenance on Dodge Road and Wiltsie Road between Frews Run Road and the site, at no cost to the tax payer.

WHAT ARE THE FACILITY’S HOURS OF OPERATION?

The facility will operate 12½ hours per weekday (5:30 am-6:00 pm), and 9 ½ hours on Saturday.  Recyclable and waste material will be accepted between 7:00 am to 5:00 pm Monday through Friday, and 7:00 am to 2:00 pm on Saturday.

WHAT IMPACT WILL THE FACILITY HAVE ON THE RECOVERING BALD EAGLE POPULATION?

The facility will have no impact on the bald eagle population.  The bald eagle is now flourishing across the nation and while no longer identified as an endangered species, remains on the State’s threatened species list and will continue to be protected by the Bald and Golden Eagle Protection Act.  The majority of the bald eagle’s diet consists of fish, waterfowl, and other aquatic animals.  Optimal nesting, wintering and foraging sites are typically located near large water bodies such as coastlines, larger creeks and rivers, and larger ponds or lakes.  Such habitat does not exist onsite or on adjacent lands.

WHY HAVE I SEEN BALD EAGLES NEAR THE FACILITY SITE?

There are a total of 52 known bald eagle nests in Chautauqua and Cattaraugus County in New York, and Warren County in Pennsylvania as of the 2016 breeding season.  On average, 20 eagles winter along Lake Erie and four eagles winter along the Allegheny River and the Kinzua Reservoir.  The closest known bald eagle nest in relation to the Facility site is three miles to the southwest near Conewango Creek.  Bald eagles have large territories that reach upwards of nine million acres depending on season and age of the eagle.  Therefore, siting of bald eagles in the area would not in and of itself be a cause for concern.  During the breeding season, adults will have the smallest territory that generally averages 250 acres.

WHAT IMPACT WILL THE FACILITY HAVE ON THE MARTZ-KOHL OBSERVATORY?

Sealand recognizes the importance of valuable community resources such as the nearby Martz-Kohl Observatory.


To mitigate light pollution from the Facility, all light fixtures will be cut-off or 100% shielded so that no light is emitted above the horizontal plane. 

The migration of dust offsite will be mitigated by watering access and haul roads with water trucks, sweeping the site entrance and adjacent roadways using a vacuum sweeper truck, and numerous best management practices with respect to dust control will be in place.  Furthermore, historical wind data shows that wind rarely blows from the site towards the Martz-Kohl Observatory (east-southeast direction).

The Facility will not be operating during prime Observatory viewing times, as it will normally close around 6 pm, well before the optimal times to view night skies.

Still concerned?  Click here for a letter of peer review from Lawrence W. Ramsey, PhD...

WHAT HAPPENS AFTER THE FACILITY IS CLOSED?

At the sole cost of Sealand, a fund will be established for monitoring and maintenance of the site during the post closure and custodial care period.  Leachate management, landfill gas control, environmental monitoring and other important inspections and maintenance tasks will be completed on a routine basis perpetually, according to NYSDEC regulations.

It is planned that the site will revert back to healthy ecological habitat following successful closure of the Facility.  Careful selection of the species used in the reclamation of the site will be made to provide forage resources for a diverse wildlife population.  Sealand will work with NYSDEC wildlife biologists, naturalists from the nearby Jamestown Audubon Center and Sanctuary, as well as natural resources staff at the Chautauqua County Soil & Water Conservation District to develop an appropriate vegetative species mix. 

Sealand assumes all future liability for site maintenance, closure and post closure care.

HOW ARE WE SURE THAT NO UNAUTHORIZED WASTE WILL BE ACCEPTED?

Facility personnel involved in any aspect of the waste handling operation will be trained to identify and reject unauthorized solid waste.  The main focus of the waste screening program will be at the working face; the area at which each load will be exposed for personnel to observe and confirm unauthorized wastes are not being disposed at the site.  Further, waste collection vehicles will be chosen at random and its contents will be inspected and documented for the record.

If unauthorized waste is found it will be segregated and properly disposed.  The generator and hauler will be issued a notice and warning regarding the incident, reminding them of the types of wastes that are and are not accepted.  Repeat offenders will no longer be allowed to enter the Facility.

WILL A DEC OR TOWN OFFICIAL BE ON THE SITE TO CHECK FOR UNAUTHORIZED WASTE?

No, however; Sealand will maintain an open door policy in that DEC and Town officials will have the authority to enter the site at any time during operations to conduct inspections.

HOW WILL THE TOWN BENEFIT?

Some of the direct benefits are available through the Host Community Benefit Agreement, a summary of which can be found in Press Releases No. 2 and No. 4 on the Press Releases page.  Beyond those enumerated benefits however, research shows that local business establishments such as the Carroll C&D Management Facility provide a number of indirect benefits, such as lower unemployment, higher average income levels, less income inequality, lower poverty levels, and less crime.  Studies have found that out of every $100 spent by a local business, between $45 and $68 stayed in the local economy.  This provides a huge boost to other local businesses, workers and families.

When a local business needs help, qualified local people are the first to be hired.  When a local business requires material or services, local suppliers and service companies increase sales.  Local revenues generated by the business creates opportunity for local entrepreneurs to start up other new businesses, such as restaurants, gas stations, automotive repair shops, and motels, as well as construction, technical service and trucking companies.  Taxes paid by all local businesses stay in the town, benefiting the school district, the fire and police departments and other government services. 

WHAT ABOUT SEALAND’S INVOLVEMENT IN THE SENECA MEADOWS SUPER FUND SITE?

Under Dan Bree’s guidance, Seneca Meadows Incorporated (SMI) purchased and began operating an existing landfill in Seneca Falls, New York in 1983.  Part of the site includes the Tantalo dump which ceased operation in the 1970’s.  After purchasing the site, the Tantalo dump area, where hazardous waste disposal occurred between 1958 and 1975, was listed as an inactive hazardous waste site under the State Superfund Program.  Unbeknownst to Mr. Bree at the time the site was purchased, a second area was also found to be the site of uncontrolled hazardous waste dumping by the previous owners, and was also subsequently listed as an inactive hazardous waste site under the State Superfund Program.

Dan oversaw the two investigations in full cooperation with the NYSDEC.  SMI incorporated remedial measures such as the installation of groundwater and leachate interceptors and cover systems, which have been proven successful during the continuing monitoring of the site.  Both areas now have a classification of 4 under the State Superfund Program, meaning they are inactive hazardous waste sites that have been properly closed and continue to be monitored.

Mr. Bree had absolutely no involvement in the disposal of hazardous or unauthorized wastes at these sites.  Under his direction and at SMI’s sole cost, the sites were investigated and the environmental impacts caused by the site’s previous owners were remedied in full cooperation with the NYSDEC.  Due to Mr. Bree’s actions, these sites no longer present a threat, demonstrating his positive commitment to the protection of human and environmental health

WHAT ARE THE FACTS REGARDING LEAKAGE FROM LANDFILLS?

The Environmental Protection Agency (EPA) is often mis-quoted as claiming that “all liners leak”.  This claim is believed to refer to the February 5, 1981 Federal Register; where EPA, addressing the “placement of hazardous waste in or on the land”, opined as follows:

“There is good theoretical and empirical evidence that the hazardous constituents that are placed in land disposal facilities very likely will migrate from the facility into the broader environment.  This may occur several years, even many decades, after placement of waste in the facility, but data and scientific prediction indicate that, in most cases, even with the application of best available land disposal technology, it will occur eventually.”

EPA went on to state:

“Manmade impermeable materials that might be used for liners or covers (e.g. membrane liners or other materials) are subject to eventual deterioration, and although this might not occur for 10, 20, or more years, it eventually occurs and, when it does, leachate will migrate out of the facility.”

The empirical evidence of hazardous waste migration from land disposal facilities offered in the May 26, 1981 Federal Register refers to leachate migration from Love Canal, the infamous uncontrolled hazardous waste dump in Niagara Falls, New York, where this leakage gave rise to contemporary land disposal technology.

In the thirty-six year timeframe after EPA’s opinion was published, geomembrane durability and expected service life has been studied extensively, including assessments of the performance of in-service geomembrane liners, and evaluation of laboratory test results under various conditions.  Today, it is evident HDPE geomembrane service life ranges from more than 3,000 years to less than 25 years, depending on the exposure conditions, the most important of which is the magnitude and duration of peak liner temperature. 

The temperature expected at the base of the Carroll C&D Landfill is less than 70°F.  The benchmark study by Rowe and Islam (June 2009), concludes the higher end of the range of service life corresponds to a test temperature of 99°F, and the low end of the range corresponds to a test temperature of 140°F.

In these early days of a nationwide focus on the land disposal of solid waste; EPA quickly recognized that the key to groundwater protection lies in the proper management of liquids and routine monitoring.  By July 26, 1982, the Federal Register included the following statement:

“EPA has developed a strategy for groundwater protection at land disposal facilities that it believes is adequate to protect human health and the environment.  One element is a liquids management strategy.  ….The other element of the general strategy is a groundwater monitoring and response program that is designed to remove leachate from the ground-water if it is detected.  The monitoring and response program serves as a backup to the liquids management strategy.”

WHAT HAS NEW YORK STATE DONE TO PROTECT AGAINST GROUNDWATER IMPACTS FROM LANDFILLS?

New York State has been a leader in developing laws related to environmental protection.  The basis for the major 1988 rule-making that significantly revised the State’s solid waste management regulations, 6NYCRR Part 360, was to develop landfill regulations which would ensure that the environment and public health would be protected through the State’s permitting of a solid waste management facility.  New York State’s strict and evolving landfill regulations prescribe siting, design, construction, and operational requirements that focus on ensuring “leachate accountability” and enhanced monitoring, in accordance with EPA’s liquids management and groundwater monitoring strategy directive.  

That is, the first line of groundwater quality monitoring is enhanced by requiring redundant liner and leachate collection systems that use internal liner performance monitoring to ensure any containment issues are identified and addressed before leakage can occur from the landfill.  

Revisions to New York States solid waste management facility regulations in 2017 will include new language that clarifies owner responsibility for corrective actions, as well as custodial care of the landfill and its operating systems.  The custodial care period must be perpetually funded by the landfill owner and continue until such time the NYSDEC determines the facility does not pose a threat to public health or the environment without such care.