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Tuesday, July 1, 2014
2:23 PM
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ENP STAFF REPORTS
news@eastniagarapost.com
In the wake of Monday’s ruling by the New York State Court of Appeals that upheld the right of towns to use zoning laws to ban hydraulic fracturing, state Sen. George Maziarz, R-Newfane, called on the towns of Wheatfield, Pendleton, Lewiston, Cambria, Wilson, and Newfane to approve a ban on the spreading or injection of equate, the Quasar-produced fertilizer made from human waste from sewer sludge.
“Today’s ruling demonstrates that the Court of Appeals will give wide deference to home rule authority as it relates to banning practices that local governments consider to be harmful,” Maziarz said Monday night via press release. “Before today’s decision, towns in Niagara County were justifiably concerned that passing an outright ban on the spreading of equate would not hold up in court. Today’s decision opens a major door, and therefore I call on all of the affected towns to pass a local law banning the spreading or injection of equate produced from sewer sludge immediately.”
Senator Maziarz, along with Assemblyman John Ceretto, has vigorously opposed plans by Quasar Energy to spread and inject equate derived from human waste on local farm fields and to construct a large storage tank. They previously called on the Department of Environmental Conservation to revoke Quasar’s permits and are working with the Niagara County IDA to revoke the company’s PILOT agreement due to the company’s failure to disclose key facts on its application.
“Quasar was not counting on this ruling today, and I am sure that its team of lawyers are currently searching for a loophole within it,” said Maziarz. “I believe, however, that the court spoke loudly today, and therefore we need to act immediately to stop Quasar in its tracks, firm in our belief that the will of the people of Niagara County will be upheld in a court of law.”
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State Sen. George Maziarz |
“Today’s ruling demonstrates that the Court of Appeals will give wide deference to home rule authority as it relates to banning practices that local governments consider to be harmful,” Maziarz said Monday night via press release. “Before today’s decision, towns in Niagara County were justifiably concerned that passing an outright ban on the spreading of equate would not hold up in court. Today’s decision opens a major door, and therefore I call on all of the affected towns to pass a local law banning the spreading or injection of equate produced from sewer sludge immediately.”
Senator Maziarz, along with Assemblyman John Ceretto, has vigorously opposed plans by Quasar Energy to spread and inject equate derived from human waste on local farm fields and to construct a large storage tank. They previously called on the Department of Environmental Conservation to revoke Quasar’s permits and are working with the Niagara County IDA to revoke the company’s PILOT agreement due to the company’s failure to disclose key facts on its application.
“Quasar was not counting on this ruling today, and I am sure that its team of lawyers are currently searching for a loophole within it,” said Maziarz. “I believe, however, that the court spoke loudly today, and therefore we need to act immediately to stop Quasar in its tracks, firm in our belief that the will of the people of Niagara County will be upheld in a court of law.”

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