State let's family down

By Dan Telvock

WIVB

NIAGARA FALLS, N.Y. (WIVB) — During a tense conference call Friday, the Niagara Falls family whose property contains industrial waste demanded the New York State Department of Environmental Conservation designate their property a significant threat to public health and immediately relocate them.

Daniel and Jocelyn McKiernan, along with advocates Christen Civiletto and Anne Rabe, pressed DEC officials for more than an hour over the agency’s handling of the investigation and its refusal to classify the family’s 99th Street property as a Class 2 Superfund site with confirmed hazardous waste. The McKiernans discovered the black ashy material, graphite cylinders and processed rocks when contractors removed soil for an above-ground pool.

“You hold the cards right now to do the right thing,” Daniel told DEC officials during the call.

Soil samples collected by the DEC in July showed lead levels that exceed the state’s threshold for hazardous waste under New York’s Superfund law. Lead, a toxic heavy metal, is especially dangerous to children and can cause brain damage and learning disabilities if inhaled or ingested. The McKiernans have three children, including a medically fragile 6-year-old.

Additional testing of soil and sump pump water detected chemicals that have also been found at Love Canal, the capped landfill about 100 yards from the family’s home. The state has not identified the source of the contamination.

The New York State Department of Health, however, continues to maintain that the preliminary investigation “did not constitute an immediate and acute threat to public health that would require relocation.” Instead, the agency advised the family to limit contact with soil, wash their hands and remove their shoes before entering the home.

In addition, the DEC added a liner and new topsoil on sections of the family’s backyard to further reduce potential exposures.

“The Department takes very seriously our responsibility to protect all New Yorkers from environmental health hazards,” DOH said in a statement. “We work hand in glove with our partners at the Department of Environmental Conservation whenever hazards are found on or off private property. In this case, the soil excavated for installation of the pool contained elevated levels of lead and other metals. This soil has since been removed by the State at no expense to the homeowner.”

The McKiernans and their advocates said they do not believe the Health Department considered all available data, some of which dates back decades. For example, reports published in the 1990s indicate that a portion of the property was included in a Love Canal remediation project aimed at removing soil contaminated with lindane, a potent insecticide now banned for most agricultural uses. They contend the DEC failed to complete that work.

“We will shame the DOH and DEC into doing their jobs,” Rabe said during the conference call. “That’s what it took for Love Canal.”

Daniel McKiernan said one DEC official apologized for what his family is experiencing and acknowledged that the property could qualify as an inactive hazardous waste site. However, he said the agency told the family it must complete additional testing before making that determination, a process that could expand to neighboring properties.

“From a mother to a father, please do the right thing,” Jocelyn told one DEC official.

The McKiernans agreed to allow the DEC access to their property for further testing, but they made clear they do not want any cleanup work performed while they remain in the home.

“You’re not doing any more remedial work until we’re out of here,” Jocelyn said.

The DEC said a work plan for the second round of testing could be available to the McKiernans as early as next week.

“Once DEC completes the additional investigation work that will further define the contamination at the property and determine next steps to address it when the homeowner is ready for that to continue,” the DEC said.

Daniel and Jocelyn McKiernan said DEC officials agreed to relay their concerns and demands to the Department of Health.

“We are hopeful this will ignite a spark to finally get our family out of this toxic environment and in a place to recover from this devastating disaster,” Jocelyn said.

DOH said in a statement that “DOH toxicology experts and medical staff have reviewed the mitigation actions, existing site conditions, and test results in determining whether the homeowners are safe to remain in their home pending further investigation and determined there is no public health reason to relocate these homeowners.”

The DEC said it has several cleanup programs to address contaminated properties.

“One of the most important points when comparing New York State’s cleanup programs is that regardless of what program DEC utilizes to address contamination, the same soil , groundwater, and indoor air pollution guidance is used to help ensure cleanups are protective,” the DEC said. “Data is needed to demonstrate a significant threat to public health or environment that requires action and become a State Superfund site.”