The 135-plus acres that make up the former Tonawanda Coke site will be sold on September 23.
Blackbird Auctions will conduct the auction at the Robert H. Jackson U.S. Courthouse in Buffalo.
A Bankruptcy Court judge ordered the auction last month, and a Blackbird official tells Spectrum News five bidders have expressed interest so far.
Rebecca Newberry of the Clean Air Coalition says she'll be watching the process closely, and wants to make sure the site's two previous owners, Tonawanda Coke and Honeywell International, pay to have the site remediated.
"Honeywell is a Fortune 500 company. Their CEO makes close to $19 million a year. They have the resources to clean up this site, and our government should hold them accountable to do that," Newberry said.
The EPA and DEC have been on the site since Tonawanda Coke declared bankruptcy last year, conducting preliminary cleanup efforts.
As of February, the EPA says they have excavated and properly stored 83 cubic yards of contaminated soil, treated more than 1 million gallons of contaminated wastewater, and safely stored more than 100 containers of chemicals that were scattered through the site.
After the sale, the property will be considered for the state's Brownfield Cleanup Program and the federal government's superfund program. Newberry says she prefers the latter because it requires the liable or polluting party to foot the bill.
"The New York state Brownfield Cleanup Program is a tax credit program for developers, where New York state reimburses a developer for the cost of cleanup. We don't believe our tax credits should go to a site where there's a primary polluter," Newberry said.
In a statement provided Wednesday, Honeywell said the auction is being handled through bankruptcy court and will follow normal proceedings.
"We also are cooperating with a local brownfield developer, Jon Williams of OSC, who is submitting an application for the remediation and restoration of the site under the brownfields program," the statement continues in part. "If the brownfields application is accepted by the New York State Department of Environmental Conservation, Honeywell will continue to work with OSC on the remediation and restoration of the property."
The company has entered into a property agreement with Ontario Specialty Contracting, should the company win the auction.
OSC's CEO Jon M. Williams released the following statement:
"Our vision for the future of the Tonawanda Coke site is focused on the same goals the community has been working toward: completing the environmental clean-up and putting the site back into productive use. We have a plan that we believe accomplishes those important goals. Our approach, in cooperation with Honeywell and under the strict auspices of the New York state Department of Environmental Conservation and in compliance with United States Environmental Protection Agency regulations, sets out to do the important work of remediating one of the region’s most notorious environmental sites and transforming it into an economic engine for the Tonawanda community in a thorough and timely manner.”
NYDEC released the following statement on the Tonawanda Coke site.
“DEC continues to evaluate all legal avenues for holding those responsible accountable for the cleanup of contamination at the former Tonawanda Coke site.
To be clear, the public auction of the Tonawanda Coke property will not determine future cleanup plans selected for the site. Regardless of the entity that purchases the property, DEC is committed to a comprehensive cleanup of the site that is fully protective of public health and the environment.
Regardless of whether the cleanup is under the state’s Brownfield Cleanup Program or the Superfund Program, the cleanup will be performed to the same levels of protectiveness. In addition, US EPA will remain on site securing any hazardous material and will continue with some preliminary cleanup while ownership is resolved.
The sale order preserves all rights of DEC and EPA with respect to all environmental liability claims related to the property against any entity. The sale order will also include the grant of full site access to DEC and EPA.”
The full Honeywell statement reads as follows:
“The auction of the Tonawanda Coke property is being done through the bankruptcy court and is subject to all of that court’s normal proceedings.
“Honeywell continues to work under EPA’s oversight on remediation activities at the riverside portion of the property. We also are committed to working with state and federal agencies to determine the scope of responsibilities at the rest of the site. The current site work includes sampling, removal, and off-site disposal of water and coal tar from three tanks, removal and off-site disposal of contaminated piles, and assessing asbestos.
“We also are cooperating with a local brownfield developer, Jon Williams of OSC, who is submitting an application for the remediation and restoration of the site under the brownfields program. If the brownfields application is accepted by the New York State Department of Environmental Conservation, Honeywell will continue to work with OSC on the remediation and restoration of the property.
“Honeywell, like other companies with long manufacturing histories, has cleaned up sites under different government programs, and we will fulfill our obligations at the Tonawanda Coke site in cooperation with the environmental agencies.”
Background
“In South Buffalo, we worked in partnership with OSC to clean up and redevelop the former Buffalo Color site under the brownfields program. The site now houses a steel museum and an athletic field, which will be part of a larger sports complex.”