Water Not Waste

Public Hearing on Public Drinking Water Protection Ordinance

Water Not Waste — Tue, 03 Aug 2010 18:31:00 GMT

On July 1st, the public came out to weigh in on the proposed Public Drinking Water Protection Ordinance.

The text of the proposed ordinance:

"No new landfills or opendumps as defined in 310 CMR 19 as amended, or expansions of newfacilities or new landfill cells, shall be allowed over aquifers, or inthe Zone II protection area of an aquifer, or any area zoned as a WaterSupply Protection District."

According to the Gazette, "approximately 100 people attended the public hearing," and the majority spoke in favor of the Council adopting the ordinance.

Here is the video of the hearing recorded by Adam Cohen. Video provided by North Street Neighborhood Association

There are three excerpts of the hearing that Adam Cohen of North Street Neighborhood Association has broken out to highlight the case being made by the Board of Public Works and by Water Not Waste.

The first video is of Terry Culhane, Chairman of the Board of Public Works, who believes that potential profits should take priority in the landfill debate question. (video provided by North Street Neighborhood Association )

The second video is of former City Councilor and current Board of Public Works member Jim Dostal, who read the report, verbatim, which was written by the Department of Public Works to state the case for expansion of the landfill. This document argues that there are no significant risks to expanding the landfill. (video provided by North Street Neighborhood Association )

The third video is of the presentation by Water Not Waste in documenting how the landfill already poses significant risk to the water supply, public opinion against expansion of the landfill over the Barnes Aquifer, potential earnings available from the use of solar panel arrays on the expansion land and possible costs and locations in shipping our garbage out of Northampton.
(video provided by North Street Neighborhood Association )

Other links covering this story:

North Street Neighborhood Association:

Videos: City Council Public Hearing - Drinking Water Protection Ordinance

Northampton Media:

BPW urges City Council to defeat landill ban; private operation of facility considered

Public Drinking Water Protection Ordinance

Water Not Waste — Tue, 03 Aug 2010 18:04:00 GMT

On May 6th 2010, At-Large City Councilor David Narkewicz, Ward 6 City Councilor Marianne LaBarge, Ward 4 City Councilor Pamela Schwartz, and Ward 7 City Councilor Gene Tacy sponsored the Public Drinking Water Protection Ordinance.

This ordinance will ban landfills in all Water Supply Protection Districts in Northampton including the Water Supply Protection District over the Barnes Aquifer.

The text of the proposed ordinance:

"No new landfills or open dumps as defined in 310 CMR 19 as amended, or expansions of new facilities or new landfill cells, shall be allowed over aquifers, or in the Zone II protection area of an aquifer, or any area zoned as a Water Supply Protection District."

All Water Supply Protection Districts in Massachusetts ban landfills because they have the highest contaminant threat to the water supply.

In November 2009, over 60% of Northampton voters said NO to expanding the landfill over the Barnes Aquifer. The Drinking Water Protection Ordinance will fulfill that mandate.

This is an opportunity for Northampton to develop environmentally responsible and affordable programs to manage our solid waste and to seek alternative green uses for the closed landfill site with the potential to generate revenue.

Is the Landfill Expansion Grandfathered?

Water Not Waste — Sun, 01 Aug 2010 21:02:00 GMT

In response to the Citizens' Petition Zoning Ordinance Amendment, the city hired attorney Mark Bombrowski to issue a legal opinion as to whether the landfill has grandfathered status and would not need a Special Permit to expand.

Planning Staff Memo: No Special Permit Needed for Landfill Expansion
Northampton Media reports that:

"City Planner Carolyn Misch, citing an opinion from zoning lawyer Mark Bobrowski dated March 18, wrote in a recent memo that the the city’s landfill should not require a special permit to expand. The current landfill is grandfathered, wrote Misch, and an expansion would not be affected by a zoning amendment proposed by citizens which seeks to prohibit landfills over Water Supply Protection Districts.

Bobrowski returned the opinion, in a March 5 letter addressed to City Solicitor Elaine Reall, that the Northampton landfill, regardless of any new zoning ordinance, constitutes a “prior lawful conforming use” and not a “pre-existing non-conforming use,” and argued that the landfill, which was established in 1969, predates the 1975 adoption of “modern zoning” in the city and that any expansion would require at most approval from the Zoning Board and perhaps a Site Plan Approval from the Planning Board."

Landfill Expansion Status through March 2010

Water Not Waste — Sun, 01 Aug 2010 20:19:00 GMT

Since the election, there have been several interesting developments with the proposed landfill expansion over the Barnes Aquifer.

In January, the Northampton Board of Public Works held a public hearing regarding a motion they intended to make about the landfill expansion. Over 50 people turned out to speak on the issue with the majority speaking against the expansion. The BPW, however, in what was a confusing document, stated that they supported the expansion of the landfill, yet were not prepared to move forward at this time.

The motion, which passed unanimously, stated that:
"The next step would normally be to prepare an application for the site plan approval with the Planning Board. This would require allocating additional staff resources as well as more funds in technical assistance and design. However, without a clear indication of City support, we have decided not to pursue further investment in the landfill expansion project at this time."

BPW Landfill Motion [pdf]

In March, the City Council countered with their own resolution calling on the BPW to "suspend further action on landfill expansion in order to begin planning for both the scheduled closure of the existing Glendale Road facility and for how Northampton will manage its solid waste when our landfill closes."

The resolution passes 7 to 1 with one councilor absent.

In February, citizens wanting more than just symbolic gestures, presented a Zoning Ordinance Amendment petition that would ban landfills in all Water Supply Protection Districts in the city of Northampton.

The Zoning Ordinance Amendment moved its way through committee and was forwarded back to the full City Council with no recommendations. It is currently on hold as a similar, non-zoning, ordinance is being considered by the City Council.

March 25, 2010
Planning Board and Ordinance Committee at joint hearing discuss citizen-led zoning amendment that would ban landfills in all water supply protection districts. Video recorded by Adam Cohen and provided by North Street Neighborhood Association.

Press Release: Northampton BPW Plans to Move Forward with Landfill Expansion Vote

Water Not Waste — Tue, 12 Jan 2010 14:16:00 GMT

The Northampton Board of Public Works is about to take an historic vote on whether or not to expand the Northampton Regional landfill in a Water Supply Protection District even though the citizens of Northampton voted overwhelmingly against landfill expansion in November. The following was sent to each member of the Northampton BPW and to all the Northampton City Councilors in response to the actions to be taken by the BPW at their next meeting on January 27th at 5:30pm.

The Northampton Board of Public Works will be voting on an application for the Northampton Regional Landfill to expand in a Water Supply Protection District. This will be an historic vote because all Water Supply Protection Districts in the state of Massachusetts ban landfills. It is a critical decision that will have significant impacts on residents of the City of Northampton for decades to come. It is even more important to understand the financial risks now that a private company, Volume Reduction Associates, is planning a state of the art transfer station in Northampton with the goal to greatly reduce the amount of trash that needs disposal.

In order to comply with best management practices to give Northampton citizens an open and transparent decision making process and to give Northampton citizens an opportunity to participate, it is requested that the Northampton Board of Public Works hold an open public meeting when this vote is taken and provide the following:

advance public notice that is widely circulated

a venue that can accommodate members of the public

adequate time for public comments

broadcast by NCTV

Thank you.

Ballot Question a Resounding NO!

Water Not Waste — Thu, 05 Nov 2009 15:25:00 GMT

The election results are in and every ward in the City of Northampton agreed that there should be NO expansion of the landfill over the Barnes Aquifer.

We want to extend our thanks to the citizens of Northampton for choosing Water over Waste!

Here are the election results by each ward:

Shall the City of Northampton expand thelandfill over the Barnes Aquifer?

                                                                                     WARDS/PRECINCTS

1A      1B    2A     2B   3A     3B    4A    4B    5A     5B     6A     6B      7A      7B      TOTAL
YES       111   305   204    108    201    136    80 267 256    261   296    278    291    313       3107

NO       237   492 288   224   379   334   207 465 376   433 465   623   424   535      5482

Zero Waste...Yes We Can

Water Not Waste — Mon, 02 Nov 2009 17:04:00 GMT

It is time for Northampton to let go of the past and move boldly into the future. We can look to Nantucket to see how it is done.
A lot of exciting things are happening now in the area of Zero Waste and Reducing, Reusing our trash.

The New York Times writes about this in an article entitled Nudging Recycling From Less Waste to None

Yes, it may cost a bit more now, but it will save money in the future.

for more information on Zero Waste
see also:

Zero Waste: From Philosophy to Practical Implementation, September 17, 2009

MassPirg

Gary Liss & Associates Zero Waste

ZeroWaste America

MassPirg: Reduce, Reuse, Recycle: The Zero Waste Solution

Water Not Waste — Mon, 02 Nov 2009 16:33:00 GMT

I received my MassPirg newsletter today and their front page touted "Zero Waste is the Solution"

Checking out their website also unearthed some interesting information. Check out these links to their articles.

Reduce, Reuse, Recycle: The Zero Waste Solution

Twelve thousand citizens ask DEP Commissioner Burt to Reduce/Reuse/Recycle

The wording of the petition, which garnered 12,000 signatures over the summer, is as follows:

“I want the 10 year Solid Waste Master Plan to take steps to eliminate the needless waste generated in Massachusetts and find ways to reduce, reuse and recycle the rest. We should implement the programs and common-sense methods already in use in many communities….to waste much less, with the goal of one day cutting down Massachusetts’ waste to zero. Please get us started down that path now, by crafting a plan that helps us reduce, reuse and recycle more waste while sending far less to landfills and incinerators.”

Activists back recycling, not landfills

Shall the City of Northampton Expand the Landfill over the Barnes Aquifer?

Water Not Waste — Sun, 01 Nov 2009 19:11:00 GMT

The following was submitted to the Daily Hampshire Gazette as a Guest Editorial on October 23rd. As of October 31st, they have chosen not to include it in their election coverage of the Opinion section of the paper.

Shall the City of Northampton expand the landfill over the Barnes Aquifer?

The Barnes Aquifer is an important regional aquifer in western Mass. supplying drinking water to 60,000 people. The northern portion of the aquifer is in Northampton and has been designated a Water Supply Protection District. The aquifer supplies water to private wells in Northampton and to a back-up public well in Easthampton, MA.

In 1995 the U.S. Congress amended the Safe Drinking Water Act to improve safeguards for public drinking water. Each state had to develop a SWAP program, Source Water Assessment and Protection, to identify and protect water resources, including aquifers. Zones of protection were assigned to public wells including the Zone II which is the primary recharge area of the aquifer that can continue to supply the well at an approved yield under stress conditions, (180 days with no precipitation). Several years ago the proposed landfill expansion was found to be in the Zone II for the public well in Easthampton.

State regulations ban siting a landfill over a potentially productive aquifer and within the

Zone II because landfills have the highest contaminant threat rating. Initially the Mass. DEP rejected Northampton’s application to expand the landfill over the Barnes aquifer but later gave the first waiver of its own regulations. Yet Michael Gorski, the western Mass. DEP regional director has stated that he cannot guarantee the aquifer won’t become contaminated.

There have been different assessments of the potential for contamination of the aquifer by the landfill expansion. Dr. Shanahan, a consultant hired by the city believes there is no risk. Dr. Newton, a member of the Barnes Aquifer Protection and Advisory Committee, believes there is a serious risk of contamination.

From Boston to the Berkshires, every Water Supply Protection (WSP) District in

Massachusetts bans landfills, but if the landfill expands over the Barnes aquifer it will be the first time that a landfill is exempted in a WSP district.

Should Northampton be the only community in the state that expands a landfill over an aquifer and in a Water Supply Protection District?

The best way to protect the water supply for future generations, to protect the environment, to decrease the carbon footprint, and to improve the quality of life for fellow citizens, is discussed in the Tellus Institute study contracted by the Mass. DEP. The future is in materials management which includes working with manufacturers to make products in recyclable containers, composting organic material, re-using construction materials, increasing the recycling of metals, paper, and plastics, and setting up swap sites for re-purposing or exchanging goods such as used furniture. In other words, to create less waste and save the planet’s limited resources.

Less waste will be less costly and eliminate the financial risk to Northampton taxpayers of borrowing millions of dollars to expand the landfill.

This program is a win-win for everyone.

“Shall the City of Northampton expand the landfill over the Barnes Aquifer?

I hope you will agree the answer is no. It’s time to move forward together.

Why Aquifers and Landfills Don't Mix

Water Not Waste — Sun, 01 Nov 2009 16:55:00 GMT

The Barnes Aquifer Protection Advisory Committee (BAPAC) has issued a position paper on the possible landfill expansion entitled,

Why Aquifers and Landfills Don't Mix [PDF]

The 1 page document gives a brief background on the aquifer.

BAPAC states in regards to the Northampton Landfill Expansion:

"While recognizing the advances in technology and landfill engineering being proposed are more safe and environmentally sound than those used on the original landfill, BAPAC notes that across the country, landfill liners have failed, polluting streams and groundwater. While the landfill may have an extended lifetime of 30 years, the aquifer represents a critical water source for all future generations that must be protected.
The Massachusetts Department of Environmental Protection has excluded landfills from within the recharge areas of drinking water sources, with the Northampton Landfill expansion being the only exception. The BAPAC believes the long-term risk to the Barnes Aquifer far outweighs the short-term benefits of expanding this regional landfill."

Another interesting note to this position paper are the minutes from BAPAC's September 1st meeting, in which they refer to the current Northampton landfill.

"BAPAC also recommends that the City begin to remediate the existing contamination by removing the
waste from the unlined cell.
Global warming forecasts for the Northeast indicate that precipitation will increase in the region, potentially increasing groundwater levels, creating greater opportunity for migration of contaminants from the unlined cell to the surrounding environment."

The potential of increased rain in the region and the possible negative effects associated with it were reported by The North Street Neighborhood Association in July of this year.

Heat and Rain Increasing in Massachusetts: Implications for Infill and the Proposed Landfill Expansion

Here is an excerpt of the entry:

When it rains it pours: Why Massachusetts is becoming waterlogged

...Massachusetts is accumulating rainy months at a disturbing pace.

Overthe past century, according to data from the National Oceanic andAtmospheric Administration, average annual rainfall in the commonwealthhas increased from about 36 inches to nearly 50 - a jump of over 33percent...

...in the last 10 years, an average of over 50 inches of rain has fallen annually in the Valley.

Thatrainy trend is likely to continue. In a sweeping report on globalwarming that it issued in June, the U.S. Global Change ResearchProgram, a coalition of scientists and researchers from a dozen federalscientific agencies including NOAA, projects that the Northeast willgrow progressively wetter - and warmer - this century. Much of theincreasing precipitation could fall in heavy rainstorms that raise therisk of flooding and damage to agriculture, the report says.

Infact, those kinds of downpours have been occuring with growingfrequency across the country, according to the report, butpredominantly in the Northeast, where they've increased 67 percent inthe past 50 years...

[Derek Arndt of the National Climatic DataCenter] notes that future climate projections show the Southexperiencing increasing periods of significant drought, like the onethat gripped parts of that region last summer and fall.

And increasing rainfall in the Northeast is not occuring in a vacuum, experts say: It's accompanied by higher temperatures...

Bythe end of the century, depending on how fast heat-trapping emissionsincrease, annual average temperatures could increase from 4 to 8degrees, according to the report...

...severe flooding caused byheavy rainfall and rising seas could cause extensive damage to homes,businesses and infrastructure like roads and drinking water systems...

Highertemperatures in urban areas in summer - Hartford, Conn., might average30 days annually of 100-degree heat later this century, the report says- could worsen air pollution problems as well as make life generallymiserable...

This article underscores points we have been raising for some time:

Development that encroaches close to wetlands, as does the proposed Kohl North Street condo project, is unwise. We need to give our urban wetlands more space, not less, to help them counteract the prospect of increased stormwater flows as well as droughts. Northampton's recently enacted Wetlands Ordinance,which encourages "Smart Growth" development as close as 10 feet towetlands in Northampton's more urban districts, flies in the face ofpredicted climate trends.
Reducing urban greenspace through poorly-conceived infill is likely to worsen the urban heat island effect.Predictable consequences are increased heat and air pollution in urbanareas, on top of effects from climate change. This will not encouragepeople to live in built-up areas, a goal of Smart Growth and the Sustainable Northampton Plan.Infill should be largely directed to land that is already covered withpavement or existing structures. We have not nearly used up our supplyof such land. King Street alone offers several good candidates forinfill.
As droughts and water shortages are likely for the South andWest, the water in the Northeast is likely to become an increasinglyvalued resource. Extending the Northampton landfill over the BarnesAquifer recharge area puts a potentially valuable regional asset atrisk.

Mayoral Debate on WGGB channel 40

Water Not Waste — Tue, 20 Oct 2009 14:25:00 GMT

Mayoral Candidate Michael Bardsley and Incumbent Mayor Clare Higgins participated in a debate on WGGB hosted by Dave Madsen. The two discussed several issues regarding the City of Northampton and one viewer's question asked about the expansion of the landfill. Interestingly, the viewer was from the City of Easthampton rather than someone from Northampton, which illustrates how this is not just an issue facing our city.

At about 13 minutes, the question asked was "How would you feel if it was Easthampton putting or expanding the landfill over a Northampton water supply?"

Higgins comments that no decision has yet been made as to what the City will do with the landfill, but then goes on to say that we need a place to put our trash. Although she acknowledges that this is a Regional problem, she does not elaborate on why Northampton is willing to become the dumping ground of the Region's trash. Higgins also states that she is comfortable with the science regarding the Environmental and Health concerns.

Michael Bardsley stated, "I don't think that we should have an expansion unless we can guarantee the health and safety of the residents living near there and also the environment." He also added that the City will probably have to close the landfill as the expansion would not be completed before the current landfill would reach capacity. This he said would provide "Northampton an opportunity to change our habits in the way that we deal with our trash."

Both candidates agreed that Recycling efforts needed to be improved and Bardsley pointed out an interesting fact:

In the last 10 years, during the leadership of Higgins, the City of Northampton's recycling rate has dropped from 60% down to 30%. Quite a shocking statistic!!

Higgins placed the blame of low recycling on the fact that the bag fee has not been raised and stated that she felt that increased bag fees would lead to increased rates of recycling.
Bardsley countered that he felt that what was missing was aggressive programs and options where people can easily access recycling and ultimately what was missing was leadership addressing the environment and recycling.
Higgins countered that there was leadership on the environment and cited the land added to Open Space in the City.

Both candidates agreed that there is a trust issue with the public regarding the operation of the landfill. For more on that, see my comments at a recent City Council meeting posted at North Street Neighborhood Association.

The video is 26 minutes and 53 seconds. Here is the link to the video, or watch below. WGGB Northampton Mayoral Debate

Zoning Protest Petition is a Success!

Water Not Waste — Thu, 01 Oct 2009 20:15:00 GMT

Water Not Waste presented a Zoning Protest Petition to the City Council in response to the proposed Ordinance Changes regarding Special Permits for Heavy Public Use.

The Zoning Protest Petition stated:

We the Owners of land immediately adjacent and extending three hundred feet from the land (Lot 42-79

&42-89) proposed to be included in the attached proposed zoning change (concerning Sections 350-10.7 & 5.2) hereby protest the action of the Northampton City Council regarding such zoning change, for the numerous reasons including but not limited to the following:

1. The change is arbitrary and capricious in that the general welfare would be harmed by increased truck and other traffic,noise, congestion, poor air quality, and pollution of the environment;

2. The change is arbitrary and capricious in that the general welfare would be harmed by locating the landfill expansion over the Barnes Aquifer, a source for public water supply;

3. The change is arbitrary and capricious in that the general welfare would be harmed by expanding the landfill as such expansion is an objectionable use, with objectionable odor, noise, and increased traffic in a residential area; and

4. The change is arbitrary and capricious in that the general welfare would be harmed by decreasing the property values.

A second protest petition was also presented that had the same language, but only referred to Lot 42-79, which is the proposed expansion site. Lot 42-89 is the current landfill site.

We filed the Zoning Protest Petition as was our right under Massachusetts General Law Chapter 40A Section 5.

We believe that it was this Protest Petition which influenced the City Council to table indefinitely any further change to the City ordinance referring to Special Permits and Heavy Use Projects.

Here is video of comments from Mimi Odgers and Jo-Anne Bessette regarding the ordinance changes from the September 24th City Council meeting.

Video is courtesy of North Street Neighborhood Association.

Ordinance change proposed by Ward 4 City Councilor David Narkewicz. Councilor Narkewicz is now running for At-large City Councilor.

Ordinance change proposed by City Planner Wayne Feiden and the Planning Board.

City Council Drops Own Ballot Question

Water Not Waste — Thu, 01 Oct 2009 16:58:00 GMT

Last week the City Council voted 6-1 to table their own Non-Binding question regarding the landfill. Voting against was City Council President Jim Dostal. The original question written by Councilors Bob Reckman, Paul Spector and Jim Dostal listed various pros and cons regarding the landfill expansion.

At the September 17th meeting, a new and shortened version of the ballot question was proposed by Paul Spector and Maureen Carney, which can be downloaded here.

We are happy with the decision by the City Council to vote against placing a competing ballot question on the November ballot. We believe that our ballot question, which was signed by 2,000 Northampton registered voters, is sufficient to gauge the public's opinion on the landfill expansion.

The question that will appear on the November 3rd ballot is as follows:

Shall the City of Northampton expand the Northampton landfill over the Barnes Aquifer?

Yes_______ No________

Video of the City Council meeting is provided courtesy of the North Street Neighborhood Association.

Local news coverage of ballot question

Water Not Waste — Thu, 17 Sep 2009 22:24:00 GMT

Ballot Signature Drive Success!!!!

Water Not Waste — Tue, 15 Sep 2009 17:52:00 GMT

Well, WE DID IT!!!!

It is official that we collected the required number of registered voter's signatures and our question WILL be on the November 3rd ballot!

The question reads:

"Shall the City of Northampton expand the Northampton landfill over the Barnes Aquifer?"

THANK YOU to everyone who took time out of their lives and stood at the Transfer Station, First Church, Stop and Shop, River Valley Coop, and also those who walked door-to-door.

THANK YOU to Michael Bardsley for keeping a petition at his campaign headquarters for the citizens to sign.

THANK YOU to Jim's Variety Store and to Hickory Dell Farm for keeping a petition at their place of business for the citizens to sign.

Now... we need to gear up for the campaign to educate the voters on this very important issue and to let our voices be heard by the City Council members before they vote on the Special Permit to expand the landfill over the Aquifer.

No more Special Permits for Heavy Use projects?

Water Not Waste — Fri, 11 Sep 2009 15:28:00 GMT

It seems that the City government of Northampton is determined to do-away with the Special Permitting process for Heavy Use projects in the city.

A Special Permit for Heavy Public Use projects has been required since the first Northampton Code Book was adopted in 1975. The City Council has authority to grant Special Permits for Heavy Public Use because these projects have significant and serious impacts on the community. This gives voters a voice in the process. Our elected officials are given great responsibility and are expected to make tough decisions and to be held accountable to the voters.

Now, a new plan forwarded by Wayne Feiden, the Director of Planning and Development, proposes to remove the Special Permitting process altogether and instead make it a legislative decision. This would mean NO public hearings for the citizens' to express their opinions and concerns to the City Council. This also hurts the citizens' because there is NO appeal process against the permit granting authority. The only recourse that we would have is to place a binding question on the ballot, requiring 20% signatures of the registered voters. This places an unheard of burden on the citizens' right to appeal a decision of this magnitude.

Meanwhile, if a business wants to add a sign or homeowner wants to replace some windows, then they have to obtain a permit, but the City will build a landfill over a Protected Water Supply District and NOT have to obtain a permit.

Site plan review does not consider political and economic aspects.

A legislative decision regarding funds is concerned with the business plan and financial risks and benefits.

It is the unique responsibility of the special permit granting authority to hold public hearings, to review and weigh evidence, and to make a judgment including political considerations.

This proposed change weakens the regulations.

It takes away an important power from the City Council.

It diminishes the rights of citizens.

Please join us in opposing this change to our City Ordinance.

Please attend the
Committee on Elections, Rules, Ordinances, Orders and Claims
Monday, September 14th at 6pm
located at City Council Chambers

and the

City Council Meeting
Thursday, September 17th at 7pm
City Council Chambers

We need to let our elected representatives know that we want to keep the Special Permitting Process for Heavy Public Use projects.