THE ASSEMBLY STATE OF NEW YORK ALBANY

MICAH Z. KELLNER th Assembly Member, 76 District COMMITTEES Banks Cities Consumer Affairs and Protection Racing and Wagering Steering

Assembly Member Micah Kellner, Hundreds of New Yorkers Urge State to Hold Public Hearing on Citys Effort to Renew E. 91st St. Trash Station Permit
(New York, March 14, 2014) New York State Assembly Member Micah Z. Kellner (D-Upper East Side, Yorkville, Roosevelt Island) today urged the New York State Department of Environmental Conservation (DEC) to solicit public comment and hold a public hearing on New York Citys effort to renew its five-year permit to build and operate a controversial proposed 10-story marine transfer station (MTS) at East 91st Street and the East River. Assembly Member Kellner also delivered more than 900 letters to DEC from New Yorkers seeking a public hearing on the permit renewal application, particularly in light of the Citys apparent intent to modify its proposal for the site; new federal guidelines for waterfront infrastructure promulgated after Superstorm Sandy; and the significant changes in the surrounding community since the first permit was issued to the City five years ago, including the opening of five new local schools. More letters from community residents are expected to be sent to the agency in the coming days. Hundreds of New Yorkers are speaking out and demanding that New York State hold a public hearing on the Citys bid to renew its permit to build and operate the MTS at Asphalt Green, said Assembly Member Kellner. Particularly now that the City is indicating its willingness to modify the plan, there is a critical need for a public hearing. The reality is that the proposed MTS does not comply with new federal guidelines for waterfront infrastructure and does not take into account the significant changes that have taken place in the community since the permit was first issued five years ago, including the opening of five new schools, three of them within three blocks of the MTS site. The communitys voices demand to be heard, and we deserve the ability to weigh in on a matter of intense public concern, he said. David Mack of Residents for Sane Trash Solutions, a volunteer community-based organization dedicated to opposing the Citys ill-conceived plan to build the 2-acre, 10-story garbage transfer station at East 91st Street and to promoting alternative waste-handling solutions, said, We want to thank Assembly Member Kellner for rallying the community to write to the DEC. As a group, and a community, we are committed to finding solutions to handling Manhattans waste without endangering any residential neighborhood. Allowing the summary re-permitting of the 91st Street Transfer Station, especially in light of the change of circumstances since the original permitting, would be a tragedy for not only our community, but the City as well.

ALBANY OFFICE: Room 654, Legislative Office Building, Albany, New York 12248 518-455-5676, FAX: 518-455-5282 DISTRICT OFFICE: 1365 First Avenue, New York, New York 10021 212-860-4906, FAX: 917-432-2983 EMAIL: kellnerm@assembly.state.ny.us

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In his letter to DEC that was delivered, Assembly Member Kellner wrote: The Citys effort to renew its permit merits a thorough public review because many critical factors have changed since it first obtained the permit five years ago. First, following the devastation wrought by Superstorm Sandy in 2012, the Federal Emergency Management Administration (FEMA) has proposed new flood regulations for waterfront infrastructure projects like the MTS, yet the City wants to build at almost six feet below the new federal guidelines. In addition, thousands of new residents have moved to the area and significant new construction has occurred. Five new schools have opened or are opening new buildings within ten blocks of the MTS site since the City first obtained its permit. Substantial changes to the flow of traffic have also occurred with the advent of Select Bus Service resulting in the designation of a permanent dedicated bus lane on First Avenue, with one on Second Avenue to follow; and with the construction of a permanent dedicated bicycle lane on First Avenue, with one on Second Avenue to follow. Kellners office has collected almost 900 letters to DEC from New Yorkers seeking a public hearing on the Citys effort to renew its permit, which were delivered to DEC today. Last year, Kellner joined with community leaders and residents to file a federal lawsuit against the U.S. Army Corps of Engineers to prevent the City from moving forward with construction of the MTS. Kellners lawsuit filed in the United States District Courts Southern District further alleges that the U.S. Army Corps of Engineers violated the requirements of the Federal Clean Water Act in granting the New York City Department of Sanitation a permit necessary to begin construction on the East 91st Street Marine Transfer Station. # # #