A proposed $83 million facility in the northern Saratoga County town of Moreau faces yet another roadblock: a potential construction moratorium in the 30-year-old industrial park.
The proposed facility turns biosolids, what critics label sewage sludge, into carbon-based fertilizer. It would receive more than 700 tons of the material from all over New York state per day, six days a week.
Activists say the sludge contains dangerous “forever chemicals” and runs the risk of environmental contamination and long-term health risks for those in the surrounding area. Saratoga Biochar Solutions maintains that environmental risks are minimal.
Clean Air Action Network board member Tracy Frisch says the moratorium is just one of the options to halt construction of the facility.
“People are united against this. The average person is not supporting it. The fight goes on and I think our task is to make the opposition as visible as possible and coming from all different sectors of the community and the surrounding area,” said Frisch.
Many locals viewed November’s election as a resounding rejection of the facility. Republican town supervisor Todd Kusnierz lost to Moreau United candidate Jesse Fish by a 3-to-1 margin.
Joined by several other members of the town board, Fish ran on a platform of halting the facility’s construction after it was approved by Moreau’s Planning Board.
Speaking at the February 27th Town Board meeting when the moratorium was approved by a 3-1 vote, board member John Donohue said it was a long time coming.
“Our manufacturing zones and our industrial zones – our zoning codes haven’t been looked at in 30 years. We’re not rushing into anything. A lot of things have changed in 30 years down at that industrial park. Things that made sense 30 years ago might not make sense today. Just look at the residential growth in that area, look at the traffic in that area. Things that we want to consider. You know, this is what we want to look at, and look at these and see what’s changed, and what should change for what we want and what we need to bring into that industrial park,” said Donohue.
Speaking with WAMC, Saratoga Biochar President Raymond Apy says the moratorium is unfair.
“You know, the town board’s actions are really not surprising given that they ran on a platform to try and stop biochar, which is targeting. And in the world of municipal government, I don’t know if you’re aware of this, but that’s unlawful. Making sweeping zoning changes to accommodate the needs, goals, future desires of a community is fine. Targeting a single business, especially an already approved applicant is unlawful. It is absolutely unlawful. And so, we’ll fight for our rights,” said Apy.
Fish did not respond to a request for comment.
Lawyer Phil Gitlin has presented at several Clean Air Action Network meetings, and says town laws prohibit the disposal or processing of any waste not originating within Moreau. Gitlin said the moratorium would give the town board time to make a decision regarding the proposed project that was approved by the planning board despite legal questions.
“And so the question really then is, what does the town board do, because the town code is your responsibility, you’re the legislative arm of the Town of Moreau,” said Gitlin. “It’s your responsibility to determine what was intended by that chapter 92 and the definitions in chapter 91? And is what was intended to be outlawed exactly what was approved by the town planning board?”
The moratorium now goes to the planning board.
According to documents obtained by WAMC, the state Department of Environmental Conservation has extended its public comment period for the biochar facility to March 18th.
