The Fight Continues Against Bloomberg’s Garbage Plan
July 29, 2009
While I was disappointed to learn of the New York State Department of Environmental Conservation’s (DEC) decision granting the City’s permit application for a Marine Transfer Station (MTS) at East 91st Street in my district (see the end of this post for the decision in full), the fight does not end here. In the Assembly, I continue to push my bill (A.6829/S.3112) to prohibit the siting of a solid waste transfer station within 800 feet of a public housing complex. I was pleased that my bill made progress this year and was passed by the Environmental Conservation and Codes Committees. I also strongly support the Gracie Point Community Council’s plans to file an Article 78 lawsuit in State Supreme Court to challenge the validity of the DEC ruling.
There is still time to put a full stop to this madness. How can the Bloomberg administration continue to argue that this makes sense even while the Department of Education prepares for the fall opening of the new PS 151 elementary school on East 91st Street between First and Second Avenues (See “Braced for Garbage,” Our Town, June 17, 2009)? The good news for us is that the Bloomberg Administration has not budgeted for the project for the upcoming fiscal year, pushing back implementation to 2011 at the earliest. Meanwhile, in addition to the Article 78 proceedings, an earlier lawsuit filed by Gracie Point Community Council arguing that the MTS is unlawful park alienation is still pending.
This project is taking longer and costing more than anyone ever imagined. If the Mayor was truly interested in fiscal discipline and efficient government, he’d abandon this boondoggle now. Elections have consequences.
The Upper East Side and East Harlem communities have repeatedly pointed out why this location is inappropriate–for the children who play outdoors at Asphalt Green, park-goers who use Carl Schurz Park, the East Side River Esplanade and Bobby Wagner Walk, the over 40,000 residents of surrounding residential high-rises, and public housing complexes like Stanley Isaacs Houses and John Haynes Homes.
The fact remains that this neighborhood is one of the most densely populated residential areas in all five boroughs. Had there not been an MTS in this location at some point in the past, it would be illegal to site one there today. The neighborhood that the former MTS was part of was a very different one. Gone are the light manufacturing uses and warehouses that once lined the East River–this is 2009, and this is a tightly packed network of high rise residential towers, housing projects, parks, and community facilities. The fact that once upon a time there was an MTS at this location has allowed the Mayor to exploit what amounts to a loophole in the law. In the City’s application, the proposed MTS was referred to as a “reactivation” of an existing MTS. This is hogwash, and it is more than disappointing that the DEC didn’t kick the City to the curb for such transparent word-smithing.
Please check back here for updates as more on this situation develops. I am posting the DEC’s decision in full below for your convenience.
7-27-09 DEC decision on marine transfer stn
A Message from Assembly Member Micah Z. Kellner
June 18, 2009
While the New York State Senate is completely dysfunctional, the Assembly is hard at work doing the people’s business. This week, we held dozens upon dozens of committee meetings and acted on well over 300 bills. Among the important legislation we have passed this week is a measure improving New York City’s school governance by making the mayor and chancellor more accountable and giving parents a greater role in their children’s education, as well as a balanced and fair tax package for the New York City budget which includes relief for freelancers and entrepreneurs, and my own bill expanding the tax credit for wheelchair-accessible taxis.
I am also proud to report that my bill to require that residential tenants who have submetered electricty (A.7867) are provided with annual notice of their right to access the Public Service Commission’s complaint process without going through any other court or arbitration has passed the Assembly. This bill is part of my 5-bill package to reform the way that submetering works for residential rental tenants in New York, which I blogged about in May.
As well, my bill to prohibit the siting of a waste transfer station within 800 feet of a public housing project (A.6829) is advancing in the Assembly and has already been passed by two of the three committees it needs to go through before it can come to the floor. This bill would prevent the City from implementing its disastrous proposal to build a marine transfer station near Asphalt Green in the northern most part of my district.
All of this work is essential to the neighborhoods that I represent, and I am very pleased with this progress. It is therefore doubly disappointing that the bickering in the Senate has prevented that chamber from doing its job, holding up issues of critical importance to our community and to all New Yorkers. All legislators should be accountable to the people–and that means putting the people’s business before personal or professional interest.
Despite the chaos in the Senate, I will leave Albany this month knowing that I’ve done my part to serve the people of New York. I sincerely hope that the Senate can stop its petty fighting over who gets what title, and get back to work on helping our state weather this unprecedented financial storm.
–Micah Z. Kellner
US Army Corps of Engineers to Hold Hearing on E. 91 St MTS in September
August 22, 2008
Asphalt Green is a beautiful recreation center with outdoor athletic fields, a swimming pool, and a playground for children that is threatened by the East 91st Street Marine Transfer proposal by the Mayor.
The U.S. Army Corps of Engineers has announced that it will hold a public hearing on the permit application submitted by the New York City Department of Sanitation (DSNY) to undertake dredging and other construction work associated with the Bloomberg Administration proposed marine transfer station (MTS) for East 91st Street.
I am very opposed to the siting of an MTS at this location for a number of reasons. I have previously testified against the proposal at a hearing before the New York State Department of Environmental Protection (I’ll get that tesimony uploaded to my ‘Publications Page‘ soon). I have also introduced a bill, A.10891A, that would prohibit the siting of a waste transfer facility within near proximity to a public housing project.
The proposed MTS would be located less than 300 feet from two public housing projects - the Stanley Isaacs Houses and John Haynes Homes Towers and be situated next door to East Harlem, the asthma capital of New York City. Additionally, the MTS would subject neighborhood residents - especially children, who are most vulnerable - to the pollution from constant streams of garbage trucks, while simultaneously destroying Asphalt Green, one of the area’s only parks.
I urge everyone to come testify at this important hearing.
U.S. Army Corps of Engineers Public Hearing
Public Notice File Number: NAN-2008-00927-EJE
Tuesday, September 16, 2008
1:00 p.m. to 4:30 p.m. and 6:00 p.m. to 10:00 p.m.
New York Blood Center, 310 East 67th Street
Comments are limited to 5 minutes and written testimony may be submitted until 5:00 p.m. on Monday, September 29th by mail to the New York District Corps of Engineers, Regulatory Branch, 26 Federal Plaza, Rm 1937, and New York, NY 10278-0098. Additional information can be found at http://www.nan.usace.army.mil/business/buslinks/regulat/pnotices/aug08/index.htm.
Waste Transfer Station Bill Update
June 12, 2008
As New York City pursues its Solid Waste Management plan, it is important to ensure that waste transfer facilities are not located in areas where they will cause undue harm to nearby economically disadvantaged neighborhoods, which have been shown to have higher asthma rates than other communities. Tthe City has proposed to construct a massive marine transfer station (MTS) at East 91st Street along the East River. The proposed MTS would be located less than 300 feet from two public housing projects - the Stanley Isaacs Houses and John Haynes Homes Towers. Additionally, the MTS would subject neighborhood residents - especially children, who are most vulnerable - to the pollution from constant streams of garbage trucks, while simultaneously destroying Asphalt Green, one of the area’s only parks.
Pictured here is the proposed site of a marine transfer station slated by Mayor Bloomberg for activation less than 600 feet away from two public housing projects. Photo taken from Gracie Point Community Council’s website.
Last month, I introduced a bill (A.10891A) that would prohibit the sighting of a solid-waste transfer station or facility within 600 feet of a public housing project, so that the City’s garbage management efforts do not unfairly burden communities that are already under-served. Senator Ruben Diaz, Sr. is sponsoring this legislation in the State Senate ( S.8168A).
I am pleased to report that yesterday the bill was unanimously reported out of the Assembly’s Environmental Conservation Committee. We are now one step closer to ensuring that a garbage station does not destroy our community.
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My community office is here to help you.
315 East 65 Street
New York, NY 10065
Tel 212-860-4906
Fax 917-432-2983
Email KellnerM@assembly.state.ny.us
