Niagara Falls — Daniel and Jocelyn McKiernan say New York State denied their request to relocate after industrial waste and alarming lab results were found at their home on 99th Street, about 300 feet from the Love Canal Superfund site, according to a media release the family and their attorney circulated on Aug. 10, 2026.
The family says they discovered stained soil, ash-like material and cores while excavating for an above-ground pool on July 13. The release cites testing — including samples handled by the New York State Department of Environmental Conservation (NYSDEC) — that allegedly show exceedances of multiple heavy metals and legacy pesticides, including lead, hexavalent chromium, and DDT-related compounds, as well as organics associated with Love Canal wastes.
Health concerns, in-home caregivers refusing entry
According to the release, the McKiernans’ six-year-old son has a rare chromosomal disorder and is currently being treated for encephalitis; his pediatrician reportedly wrote to state agencies on July 30 saying the child is “at-risk” and that the family “will need to be relocated due to the health risks that these chemicals pose.” The release also says three in-home care providers have refused to return to the house and that other providers have limited access or are coming at their own risk.
State action and family objections
The release states NYSDEC personnel inspected the pile, observed volatile organic compounds with a PID meter, removed the waste pile, and placed a plastic cover and about 17 tons of sand and topsoil over the area. The family says NYSDEC announced plans to perform further excavation on Aug. 13, 2026 while the family remains in the home.
The McKiernans and their attorney Christen Civiletto, a UB Law adjunct, criticized the state response. Civiletto is quoted in the release saying lead levels are “157 times higher than unrestricted levels” and 24 times residential Soil Cleanup Objectives, and calling the refusal to relocate the family “outrageous.” A retired EPA scientist, Terry Burton, is also quoted urging relocation during removals and recommending that permanent relocation be considered.
What the release says testing shows
The media release lists numerous contaminants detected in outdoor soils and in an indoor sump-pump sample, including lead, copper, nickel, hexavalent chromium, 4,4’-DDT and related compounds, and a range of semi-volatile organics the release says are consistent with Love Canal wastes. The document also references DEC reports from 1991 and 1993 that identified historic contamination on or adjacent to the lot.
Requests and next steps
The family is asking for immediate relocation to a suitable place while removals and testing proceed. The release says the EPA has been contacted and assigned an on-site coordinator, but that the family continues to wait for state action to relocate them safely before further excavation.
This account is based on a media release and supporting documents provided by the family and their attorney. The release does not include a statement from NYSDEC, NYSDOH or EPA; those agencies were not quoted in the materials supplied by the family.
