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Metro Enviro is NOT in a State of "Compliance"

July 30, 2005


To the editor:

“Editorials”, whether found in traditional newspapers or on non-traditional blogs, have certain inherent obligations towards accuracy. The recent editorial posted here on the Croton Blog, which advocates a new and improved deal with Metro Enviro, is no exception.

Unfortunately, it contains a glaring inaccuracy that negates the entire editorial itself.

Specifically, it stated the following:

“Metro Enviro IS IN COMPLIANCE ONLY NOW because our community and Village Board acted on their misconducts.”

Unfortunately this is simply not true. Metro Enviro is NOT in a state of “compliance”. In fact, it has NOT been in a state of compliance SINCE 2003. Among the documents submitted yesterday to the court by Mr. Gerrard, and this particular document does not appear to have yet been placed on the village website, is a seven-page “Affirmation of Michael B. Gerrard in Opposition to Petitioners’ Motion for a Preliminary Injunction”.

Commencing on page 6, item 20, is the following:

  1. During the period that Metro Enviro has been operating since the Village Board’s closure order of January 2003, it HAS NOT BEEN FREE OF VIOLATIONS. Much of the waste from Metro Enviro was sent to the CLD landfill in Ohio, but the board learned in early 2005 that that landfill was not authorized to take construction waste of the sort that Metro Enviro disposed there. It was a VIOLATION OF THE DEC PERMIT for Metro Enviro to send its waste to a facility that was not authorized to receive it, and that in turn was a VIOLATION OF THE SPECIAL PERMIT.

Residents should know that the only reason the board was made aware of the above fact was because now Deputy Mayor Thomas Brennan publicly questioned Mr. Steinmetz about the Ohio landfill’s waste acceptance regulations. Residents followed up with the Ohio EPA immediately and documentation of these facts were sent to the village.

In addition, on page 7, item 21, of Mr. Gerrard’s affirmation, the following is noted:

  1. In the SAME notice of VIOLATION, the Village provisionally identified a violation of New Yorks rules on receipt of pulverized construction waste. Id. The provisional notice informed Metro Enviro that it had one week to show that the source of this waste in CONNECTICUT was approved by the DEC. After Metro Enviro FAILED to make such a showing, Special Counsel to the Village informed Metro Enviros counsel that the provisional notice of VIOLATION had become final.

Residents should know that the only reason the village has concrete evidence that it was receiving Connecticut waste is the result of a foil request submitted to the DEC by yet another resident for Metro Enviro’s 2003 annual report. That annual report was turned over to the board appropriately. Until then, certain officials disputed that the operation was receiving ANY Connecticut waste AT ALL, even though MANY residents had repeatedly documented the presence of tractor trailers with Connecticut plates entering or leaving the Metro Enviro site.

In addition, the VIOLATION concerning this pulverized Connecticut waste described above, had recently been reported in the Gazette. A notice of hearing before the Zoning Board was also published on the village website, although that appearance has been postponed.

This essential lack of due diligence on the part of the editorial’s writers has been entrenched in the Metro Enviro experience for years.

It started with the previous village board in 1998, and it continues here on this blog today.

In the case of the recent editorial, which also earned the expected praise of former Trustee Grant, it calls into question the credibility of those who perpetually advocate a deal with this operation, and who believe that they alone possess infallible wisdom which must be dispensed to the new board like clockwork.

Especially when all they had to do was to pick up the local newspaper. Or check the village website.

Had the editors done so, they would have learned that their most basic assertion about Metro Enviro’s supposed “compliance” was completely and consummately WRONG.

The tradition continues…

— William Rooney

On August 7, 2005 1:01 PM, weewill said:

It would be of serious concern to every single Croton resident if we believed “these are dangerous men running a dangerous facility and that some of your neighbors have taken very big risks in ways you can only imagine.”

What are those risks? What are the threats? Who made them? To whom where they made? Are they documented? Have police reports been filed? Are there blotter entries? Is the detective division of our fine police department investigating? Have they been made personally or by telephone, email or snail mail? Have there been threats of bodily harm? Has personal property been damaged? Have tires been slashed?

Have cars been keyed?

The chief “spokesperson” for the opposition to ME has made herself very visible for the past six or seven years. She has repeatedly appeared before the television cameras at village board meetings and has identified her name and street address at the beginning of every appearance before the board. On several occasions she has stated her phone number and invited people to call her. She maintains a close relationship with local reporters (who do not attend the meetings on which they report), supplying them her analysis of issues before the board and her readings of activities engaged in at the ME site. Both Mayor Schmidt and Trustee Brennan have strongly endorsed her positions. Have they been threatened as well?

These are serious charges and not to be taken lightly if true. The Metro Enviro issues become more complicated every day as we deal with new law suits, new legalities, new site operators, new owners, new attorneys and a new Mayor and Village Board. There will be challenging, expensive and difficult days ahead for this new cast of character and they will be required to deal with the old issues as well as new ones. They need our wisdom, understanding and support as they face these new unknown challenges.

On August 6, 2005 10:41 AM, dors said:

Deep Throat (I mean, deepsix), Any one who disagrees with you and your posse just don’t get it, is that what I’m to understand? Blog after blog, entry after entry, blurb after blurb - we’ve read them; we can’t get away from them; we’re drowning in them!! And you know what? We still feel that ME isn’t the threat or the ominous destroyer of Croton that you see it as.

I suggest you move out of Croton. You obviously are too distraught to stay here. First, from reading your blog entries, you are apparently fearful of the dangerous men running the dangerous facility. Second, you fear that you’re sucking seriously compromised air particles into your lungs. Third, you’re probably afraid you’ll be run over by an ME truck barrelling down your street since there are so many of them streaming through our village.

There’s a nice quiet community somewhere else that needs a community activist such as yourself. Please go save them. We in Croton don’t need saving. We understand the issues, we read the information just like you. We DO know the half of it and you’re so wrong. We want to know and we research every bit of information. We just disagree with your take on it so get over it and stop telling us we “don’t know the half of it” and “there just really isn’t much hope for you or this village”. I say again, move away. Croton needs to heal and move forward. We have much work left to do and you and your naysayers are drowning us.

On August 5, 2005 11:50 AM, waffels said:

Deepsix you have really gone off the “deep” end. Your paranoia is a little fightening. What has happened to those that have been outspoken? What have they been put through? Organized crime? Google “Steamfitters Corruption” and ask your boy Brennon why he continues to work for a corrupt organization. Why is it that no one from this very vocal group has ever mentioned how dangerous Karta, 3 miles to the north, is to our children. This facility is 10 times the size and fallout is most definately in our air. They are big time Republican supporters. Ask Debbie McCarthy or John Sarcone. 24/7 Diesel fumes from metro north also and never a mention. Blue collar vote. Rt. 9 is the major N/S highway and Rt. 129 is the Major E/W route for this part of the county. Trucks, trucks everywhere. The railroad sends more trucks through this village than ME ever has. But no word. It is so pathetic. You people are either paranoid or really bad at disguising your political motivation. If it’s paranoid you need help and I feel sorry for you. If politics, move on to Washington because this little town is starting to suffer from your abusive behavior.

On August 4, 2005 10:25 PM, deepsix50 said:

shmoo: please visit www.ourlivescount.org. pls get the dvd produced by these poor people in ohio. You can get a copy from CCC1. Please also review Mr. Gerrard’s brief filed today regarding Northeast. You can get a copy of it at CCC1@bestweb.net

Please also ask for the files on the current organized crime investigations.

If, after seeing and reading all these things,you can still hold the people who have opposed a facility the highest court has condemned as a danger to the health, safety, and public welfare of this village, while holding those who have opposed it for the costs incurred thus far (when you should be looking at the old board), there just really isn’t much hope for you or this village.

I don’t know how much clearer it can be made that these are dangerous men running a dangerous facility and that some of your neighbors have taken very big risks in ways you can only imagine. You wanna be pissed off? Be pissed off at an operation that holds our children and the environment in such contempt. You just don’t know the half of it. The worst part is you don’t want to know as well. Go ahead, “expose” the people who have assumed great risks for the rest of us. They have put their lives on the line before. Your threats will be a cakewalk compared to what some have been through already.

On August 4, 2005 9:43 PM, waffels said:

Metro Enviro has become Crotons very own WMD. Just as the Bush administration scared the entire country into thinking we were doomed to a biological attach if we didn’t invade Iraq, ME has been utilized perfectly to scare the good people of Croton into thinking that we are all doomed to be poisened by it’s operation. The loudest child gets heard. We have too many loud children with a scary political agenda. They succeeded brilliantly and their guys got in. I think now it’s time for the pissed off tax paying adults of this village to expose these kids for what they are and get things back on track.

On July 30, 2005 3:57 PM, deepsix50 said:

One last comment. I like this blog but clearly the writers of the editorial have made a very serious mistake. Yet those who have pointed it out are lambasted instead.

If Payman and anyone else are unhappy about that, they should ask Mrs Grant why she almost immediately endorsed an editorial whose premise she absolutely knew was wrong because she was part of the board that issued the NON-COMPLIANCE violations in the last week of March. Dancing around that fact doesn’t make it go away. It is in our legal brief. It is in the village files in March. The county commission knews about it in May. The Gazette reported on it in July. It was NOT a secret.

In fact, does anyone think it was wise for a former official who was part of the notice of non- compliance’s issuance in MARCH AND WHICH APPEARED IN A NEWSPAPER AND ON THE VILLAGE WEBSITE IN EARLY JULY, and is NOW part of our legal briefs, to have endorsed in a public forum an editorial that said the exact OPPOSITE? I can tell you that the lawyers who have read the editorial that I know are positively appalled.

I hope that the editors of the blog will do the responsible thing and very publicly admit that they made a serious misrepresentation when they said the facility was in compliance. I also hope that the next time they talk about Metro Enviro, they will do more homework. That’s not being mean. That’s just what responsible “media” does.

On July 30, 2005 9:10 AM, deepsix50 said:

Payman The following info was available to everyone at the time of the editorial’s writing:

The notice of violation issued by the outgoing board which included Mrs. Grant, issued at the end of March. The article in the Gazette dated the first week of July which talked about the violation. The ZBA website notice also at the same time more or less.

The editorial staff did not bother to look at, or for it. In all fairness they were also apparently not told about the board having issued the Connecticut waste violation by Mrs. Grant. They should have been but they were not. It is not their fault that the people they relied on to write the editorial left out all these pieces of information. But they should have looked for them and they did not have to look very far

The actual amount of waste that comes from Conn. is a requirement for the DEC annual report. If you look at the village minutes for last year that number was somewhere in the nieghborhood of 40,000 tons. It is in the record.

Residents know the Ohio landfill is not allowed to take that waste because Ohio sent the county the consent order and people have been talking to the Ohio EPA. It is on the website.

All of this is in the village minutes, the Journal News, and North County even if you do not like the Gazette. All you have to do is look or want to look.

Nobody did. And bythe way stop trying to figure out who people are all the time.

The people who do not want ME here did not make these problems. They inherited them just like the new board.

On July 30, 2005 8:29 AM, SSmith said:

also, just because a truck has CT plates on it does not necessarily mean that it picked up it’s “forbidden” waste in CT. did you ever think of that rational conclusion…..or are you so blinded by your own insistences that you can’t think straight anymore??

as far as the local media, namely the gazette, i would venture it a stretch to say that that is a unbiased and independent reporter of factual information when for years it has been your exclusive mouth piece until this blog came along.

LONG LIVE CROTON BLOG!!!!!!!!! VIVA LE BLOG.

On July 30, 2005 8:02 AM, SSmith said:

mr. rooney and ms. cudequest,

it so apparent that you two are becoming more and more desperate and insecure about your position on ME. less is more in some cases; but your continuation of more and more twisting of the truth to conveniently fit into your interpretation of the story is truly bordering on beyond ridiculous. you are hurting your own case with your never-ending empty talk.

your letter above is littered with contradictions. how in the world could the staff who wrote the editorial have had access to the information you site on july 28, 2005 when you yourself say above that as of the 30th? when you wrote your latest chapter in this novella, it still wasn’t available on the village website on 7/30/05…do the twist.

AND THIS NEGATES THE ENTIRE EDITORIAL STAFF OF THE BLOG EXACTLY HOW??? objective reporters write with info available at the time of writing; they don’t make them up to fit their side of the issue.

i think the real problem with metro enviro is YOU!!

for example how do you know factually that the waste facility in ohio hadn’t recently changed what it could accept before ME sent its load out there and was informed with enough notification time to make the change on their end?? talk about due diligence…..yours is convenient for you as you seem to include just enough to fit neatly into your story.

if you want to re-gain any credibility you may have had once upon a time in the village; i suggest you report ALL OF THE FACTS in future entries on this form of media and others.

YOUR glaring one-sidedness has turned off many in this village and is in fact seriously hurting your case against ME.

and boy oh boy, if the analysis of a settlement presented here was already a slam dunk for the current board to enact…..then why did we elect them in the first place? your continued insistence that everyone has a secret agenda is more than scary. you should seek medical help.

i feel bad for you two because you were obviously never taught how to show things from both sides to effectively produce an argument. all we ever have heard from you is your side of what you think is going on.

why is it that you have such disdain and utter hate for the ME facility? why don’t you go pick on one of the other polluters in town like let’s see……the dry cleaners, metro north, the numerous gas stations, auto body shops, finkelstein’s tires, or everyone who drives a car?? please explain yourself……..



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