State to investigate potential contamination near Love Canal

A pair of New York state agencies that were reluctant to investigate a 99th Street couple's concerns about potentially hazardous materials in their neighborhood near the Love Canal containment site are now planning to probe the "historical placement of fill" along a portion of the area known as Black Creek Village. In a statement issued on Friday, a spokesperson for the state Department of Environmental Conservation confirmed her agency, along with the state Department of Health, will begin an initial investigation of "certain nearby private properties" and a portion of former Black Creek to assess the extent of any legacy contamination in the area. In its release, the DEC said its decision to begin the investigation stemmed from sample results collected this year at a property the 99th street home of Daniel and Jocelyn McKiernan and a recent review of historical information. The McKiernans have been lobbying state officials for months to authorize relocation for them and their three young children due to concerns about potential contamination from industrial materials found in their backyard during the installation of an above-ground pool earlier this summer. Officials from both the DEC and the DOH have insisted relocation isn't necessary because no evidence has been produced to suggest the family's health and safety is at any "imminent" risk. The DEC has also said no links have been found to connect the surrounding neighborhood to legacy contaminants from the Love Canal landfill, which the agency has previously described as operating safely and as designed. The DEC also indicated it "remains committed" to completing the investigation and remediation of the McKiernans' home, which was the subject of sampling in July. The DEC said it is finalizing an updated comprehensive investigation work plan and sampling is scheduled to begin on the property as early as next week. The agency said it is using the state's Superfund authority to carry out the investigation and, as such, has designated the property a "potential inactive hazardous waste disposal site," a classification the DEC uses in cases where it has determined further "characterization" is needed to understand the nature of contamination at the property, and if the property should be listed on the registry of inactive hazardous waste disposal sites. "If DEC determines that hazardous waste has been disposed of on the property and the hazardous waste poses a significant threat to public health or the environment, the property will be listed on the Registry of Inactive Hazardous Waste Disposal Sites," the agency noted in its statement. On Friday, through the agency's spokesperson, the DEC again said relocation is not warranted for the McKiernans at this time. "DEC’s Division of Environmental Remediation cleanups are typically performed without relocation or disruption to the individuals and families who live on impacted properties," the agency said in a statement issued by Cecilia Walsh, director of media relations. "Based on the currently available information, DOH determined that residents at the 99th Street property do not have active exposure pathways to contaminants that have been found in the waste materials that would necessitate relocation." Walsh noted in the statement that both the DEC and DOH have "extensive experience" in performing fill disposal investigations and the agencies will keep residents and communities protected in the process. The statement indicated the agencies will ensure potential exposure concerns are addressed and will work closely with property owners to prevent potential impacts to public health and the environment. "At this time, DEC is directly reaching out to property owners of the locations of interest to offer soil, indoor air quality, and sump water testing," the DEC said in its statement. "All work associated with a property investigation, any recommended mitigation, cleanup, and restoration of properties to pre-cleanup conditions will be completed at no cost to the homeowner. Timely responses to requests for access will help in getting sampling performed."