Siting board would be key to incinerator review under Article 10

The fate of a waste-to-energy facility proposed for the former Seneca Army Depot could rest with a seven-member siting board.

And, says the past president of the Seneca Lake Pure Waters Association, her research into Article 10 of the Public Service Law has shown just because the group proposing to build the $365 incinerator on a 48-acre parcel has chosen to go this route doesn’t mean it’s a done deal.

“It is not automatic, as some are saying,” said Mary Anne Kowalski, a Romulus resident and Seneca Lake advocate. “According to what I have found, the siting board may supplant local law if they find the laws unreasonably burdensome. I also found that local government and the community has a much more extensive role under Article 10 than under the State Environmental Quality Review Act.”

Kowalski has delved into the Article 10 process in light of concerns it may override local laws and zoning provisions prohibiting the construction of a trash-burning incinerator.

Rochester-based Circular EnerG has withdrawn its application to the town Planning Board for a special-use permit and site plan review. Instead, it has opted to submit its plans to the state Public Service Commission for review, through the Article 10 process.

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