J&L site foreclosure, subdivision is tabled

CANTON — A standing-room-only crowd of Clifton and Fine residents packed St. Lawrence County's Supreme Court chambers Monday hoping to convince lawmakers to foreclose on and subdivide the former Jones & Laughlin Steel Co. site near Star Lake, but left disappointed after legislators tabled a measure fulfilling the communities' wishes.

"We'll keep plugging along. We're not going away," Christopher L. Westbrook, president of the Clifton-Fine Economic Development Corp., said as he left the Finance Committee meeting.

Legislators are considering foreclosing on the 54-acre site and subdividing 10 acres for Northern Biofuels Energy, Chateaugay, to develop a wood chip drying plant. Officials have said Newton Falls Fine Paper would represent 40 percent of the plant's business if the company switches its heating method from fuel oil to a biomass-fired steam boiler, but paper mill official Gordon McLennan said Monday the company is still weighing its energy options.

Lawmakers said they fear the county could be held liable for environmental cleanup costs in taking ownership of the property. The site is heavily contaminated by petroleum, PCBs and other hazardous materials.

Environmental attorney Gary S. Bowitch said Monday, however, that as long as the county fulfills its obligations under a state Department of Environmental Conservation contract to investigate the extent of contamination at J&L, it should be protected from liability.

"Your obligations aren't finished until you get a technical completion letter from DEC. In my opinion, you shouldn't take title until then," Mr. Bowitch said.

The letter would arrive once DEC issues its record of decision about how the site should be cleaned up. William R. Jesmore, DEC's project manager for J&L, said he expected the decision to be issued late this year or by spring.

Legislator Frederick S. Morrill, D-DeKalb Junction, whose district includes the J&L site, suggested the committee pass a resolution allowing foreclosure of the property once the letter is received. A slim majority voted in a straw poll to consider the resolution later in the evening, which Mr. Morrill crafted with the help of Mr. Bowitch and County Attorneys Peter B. Lekki and Michael C. Crowe.

Lawmakers tabled it in a 9-6 vote. Some said they support redeveloping the site, but want more time to research the issue before deciding.

"We're being asked to take ownership of one of the most polluted sites in New York State without a written response from our attorney," said Legislator Alexander A. MacKinnon, R-Fowler. "This is not good government."

"This meeting tonight was supposed to be where we heard from our attorney. This was not to be a session where we were brow-beaten by the public. We've done this in a hurry," said Legislator Peter W. FitzRandolph, D-Canton.

But Mr. Morrill said the J&L site's problems have lingered since its 1977 closure.

"This has not happened quickly. It's gone very, very slowly," Mr. Morrill said.