NYS DEC has failed to enforce transportation conditions in CWM’s operating permit, especially in front of our schools. We object to trucks in front of our schools and past any residence where children wait for the school bus near the road each morning. We can remove all hazardous waste trucks with the closure of CWM in 5 years when it reaches capacity if we are successful in defeating the RMU-2 application
All trucks transporting, in bulk, blended fuels, PCB contaminated oils, or liquid or solid materials which present a risk of vapor release or fuming will be scheduled to arrive or depart the facility between 5:00 a.m. and 7:00 a.m. or between 4:00 p.m. and 9:00 p.m. CWM Chemical Services, Inc. ("CWM") will obtain a copy of the Lew-Port School "event" calendar and attempt to schedule shipments of the aforesaid materials so as to avoid events that are expected to be heavily attended.
No trucks carrying hazardous waste will be scheduled for arrival or departure between 7:30 a.m. and 9:00 a.m. or between 2:15 p.m. and 3:45 p.m. on days when the Lewiston-Porter School complex is in session.
Trucks carrying hazardous wastes to the facility and arriving via I-190 shall use the existing designated route. Trucks carrying hazardous wastes to the facility arriving from the eastern part of Niagara County shall use the designated state highways to Balmer Road. CWM will designate an alternative inbound route for trucks arriving via I-190 if adequate traffic safety devices (signals) are installed at the cloverleaf off ramp left hand turn onto Rt. 104 East.
CWM shall explicitly incorporate the above requirements in all authorizations that are granted to transporters who list the Model City facility site at 1550 Balmer Road in the Towns of Porter and Lewiston, Niagara County, on their New York State Part 364 hazardous waste transporter permits.
It is intended that the above requirements as they apply to all transporters (including those operating under the control of Chemical Waste Management, Inc. or any other corporate affiliate of CWM) be enforced by CWM as provided for in the CWM Model City Transportation Rules and Regulations, as amended by the Site Operations Plan (Appendix 1 of the CAC Agreement dated July 21, 1993). CWM's failure to explicitly incorporate the conditions referenced above in signing a transporter's Part 364 permit form or its failure to enforce those conditions as provided for in the CWM Model City Transporter Rules and Regulations, as amended by the Site Operations Plan, shall constitute a violation of its Part 373 Permit to operate RMU-1, and hence a violation of the Environmental Conservation Law ("ECL"). It is, however, recognized that the CWM Model City Transporter Rules and Regulations allow a measure of discretion to CWM in determining the sanctions to be imposed on any transporter.
CWM has represented that it currently does not either own or operate any hazardous waste transport vehicles. In the event that CWM owns or operates such vehicles at any future time, a failure of these vehicles to comply with any of the above conditions shall constitute a violation of CWM's Part 373 permit to operate RMU-1 and hence a violation of the ECL.
It is also recognized that these conditions are almost identical to certain provisions in the CAC Agreement and that the parties to that Agreement intended that the terms of that Agreement may be amended from time to time as the situation warrants and the parties agree. Any changes in the corresponding provisions of the CAC Agreement shall result in an immediate corresponding change in the above-noted conditions. Since the same requirements are contained in the CAC Agreement, it is intended that the parties to the CAC Agreement, particularly the Towns of Lewiston and Porter and the County of Niagara, will be the principal parties responsible for the enforcement of these conditions and the resolution of any disputes concerning the implementation thereof.
