The McKiernan family’s yard after the DEC removed excavated dirt there last week and replaced it with vinyl linings covered with topsoil. Photo: Robert Crennan / Niagara Gazette.
Three of their son’s medical care providers are now refusing to visit Daniel and Jocelyn McKiernan’s home near Love Canal in Niagara Falls due to concerns about potentially hazardous materials found on-site.
And while the situation is distressing enough on its own, the McKiernans are absolutely incensed by another issue — the lack of empathy being shown by state officials who insist it’s OK for them to keep living inside their 99th Street home despite recent test results they consider “alarming.”
“I am shocked at their lack of regard or care for our family or the public,” Jocelyn McKiernan said.
A private contractor excavating dirt as part of a pool installation project uncovered industrial waste materials in the McKiernan’s backyard last month.
Follow-up tests performed by the New York State Department of Environmental Conservation found the exposed waste contained potentially hazardous heavy metals, including lead, copper, nickel and hexavalent chromium — a metallic element widely used in industrial applications.
According to the McKiernans, outdoor test results showed the presence of semi-volatile chemicals consistent with wastes found at the nearby Love Canal containment site, including di-n-butyl phthalate, acetone, chloroform, fluoranthene, 4,4’-DDE, bis (2-ethylhexyl) phthalate and Di-n-butyl phthalate.
Sump pump tests revealed the presence of a wide range of heavy metals, organics related to Love Canal and other chemicals, including 4,4’,-DDD, chloroform, alpha-BHC, delta-BHC, Dieldrin, and gamma-BHC, more commonly known as Lindane, which has been used as both a pesticide and a pharmaceutical treatment for lice and scabies.
The McKiernans participated in a conference call on Thursday with a DEC attorney and representatives from the state regulatory agency and the New York Department of Health.
During the conference call, the DEC and DOH informed the McKiernans that the preliminary investigation of materials found on their property did not constitute an immediate or acute threat to public health that would require relocation. Additional testing of the indoor air quality, sump pump, and portions of the homeowners’ yard will be conducted to further ensure the health of residents is fully protected, the DEC said.
A joint statement from the DEC and Department of Health released Monday in response to questions from the newspaper said initial data confirmed no immediate public health risk.
“Numerous metals and other contaminants, including PCBs, were tested for in DEC’s initial waste characterization and no PCBs were detected. The air monitoring did not indicate any immediate concerns. Results have not yet been validated, which is an essential action prior to determining next steps, the statement said.
“DEC and DOH are conducting additional testing of the sump pump contents, indoor air quality, and the homeowners’ yard. The extensive soil sampling program, which will include additional testing for the presence of PCBs, will fully delineate the extent of any remaining fill on the property, analyze soil to assess any potential exposure concerns, and determine future actions. DEC has continued to keep the homeowners informed of all testing results.
“While awaiting further test results, DOH has spoken directly with family members to educate on preventative actions to minimize soil contact or tracking of dirt into the home. On Thursday, DEC and DOH spoke with the family for almost an hour to relay DOH’s relocation determination and provide other information in advance of the additional testing planned. General lead protection guidance was provided, including good hand washing after coming in contact with any soils and removing shoes or boots when coming into the house, to reduce the possibility of bringing soil into the house.”
Industrial waste in the McKiernans’ yard. Photo: The McKiernan family.
The agency previously removed materials from the pool excavation work and has committed to removing additional fill material, including from beneath the porch on the McKiernans’ property.
“DEC will continue working with DOH to develop an effective cleanup plan to prevent any exposure to potential contamination while also keeping homeowners informed of investigation results and all next steps,” a spokesperson said previously.
The call followed delivery of a July 30 letter in which the pediatrician for the McKiernan’s six-year-old son informed the DEC and the DOH of an “urgent need” to relocate the “at-risk” boy, who suffers from a rare chromosomal disorder and encephalitis, “in as timely a fashion as possible” due to the health risks the chemicals pose.
Two other providers have also informed the couple they will no longer provide in-home services for their son in light of the current situation.
Margaret Mikol, executive director and co-founder of the state-wide organization SKIP of NY, which connects sick children in New York to services and equipment they need to get well at home, sent a letter to the McKiernans on Aug. 10 stating that without active results showing their 99th Street home is safe, the organization’s representatives “cannot return.”
“We must take an active position for our staff. I only wish I could do the same for you and your family,” Mikol wrote.
The McKiernans have been told DEC staff will be returning to their home on Thursday to perform additional excavation work on their property, a move they fear may continue to put their health and the health of their children at risk.
“None of those chemicals should be showing up in a home,” Daniel McKiernan said. “Evacuation is difficult. We cannot just go to a hotel. Our son requires equipment and accommodations throughout the house.”
Christen Civiletto, a local environmental attorney who has been assisting the McKiernans, described the DEC’s refusal to relocate under the circumstances as “outrageous.”
The presence of chemicals in excess of allowable limits on the property is “undisputed,” she said.
Test results show levels of lead 157 times higher than unrestricted levels allow and 24 times higher than residential safety standards, according to Civiletto, as well as hexavalent chromium and DDT levels above standards.
“New York’s refusal to relocate this family is preventing a child from obtaining the at-home services he needs and putting all of them at risk,” she said. “Did we not learn any lessons from Love Canal in the 1970s, or again in the 2010s?”
