Why has it taken the New York State Department of Environmental Conservation nearly a year to prepare a report on the former Nash Road landfill on the Wheatfield/North Tonawanda border?
Law firm Stag Liuzza, LLC represents residents who started filing suit last year against the companies responsible for dumping Love Canal waste there in 1968.
CEO Mike Stag says he believes the delay signifies the DEC's final data doesn't match its original claim.
"I've already done my testing, so I know from my testing what the results are, and they aren't good for the neighborhood. I'm very curious to see what the results of the DEC are," Stag said.
NYSDEC conducted a comprehensive investigation of the Niagara Sanitation site last year at the direction of Gov. Andrew Cuomo.
The testing included surface water and sediment samples in neighboring backyards, to make sure no contaminants made their way from the landfill to people's homes.
On January 22, NYSDEC announced there was no off-site contamination, however the agency has still not released an accompanying report.
Spectrum News asked NYSDEC Commissioner Basil Seggos about it when he visited Buffalo last Wednesday.
"We're in the final stages of that. I expect we'll be doing a community meeting to explain all the findings of the report, likely after the holidays," Seggos said.
In January, NYSDEC announced it would release the report and hold a meeting with residents in the spring.
In September, NYSDEC announced it would be done in the fall.
No one with the agency has offered an explanation for the continued delays.
NYSDEC released the following statement to Spectrum News Tuesday:
The New York State Department of Environmental Conservation (DEC) is in the process of finalizing the date and time for the public availability session to share DEC’s Remedial Investigation Report that summarizes our findings with community residents. Attendees at the session will have the opportunity to learn about the report and ask questions of DEC and Department of Health experts.
The preliminary results of DEC’s expanded surface soil, subsurface soil, and groundwater sampling conducted at properties both on- and off-site indicate that landfill contaminants do not present an off-site exposure concern to neighboring properties. Preliminary information on the report is available here: https://www.dec.ny.gov/press/112383.html, and DEC staff remain available to answer any questions residents have. Interested residents can contact Chad Staniszewski at (716) 851-7220 or chad.staniszewski@dec.ny.gov.
Stag says he hopes NYSDEC releases the data soon.
If not, he will look at taking legal action.
"If we get to January and they don't do what they're promised, then I think we're gonna have to look at other action to compel the results because we can't wait more than a year to get this data," Stag said.
As for the ongoing lawsuit, Stag says he has now filed claims on behalf of several hundred residents.
The case has not yet gone to trial.
Stag says the court still needs to make several rulings before they can begin evidence gathering, taking depositions and requesting records.