The federal government is demanding an out-of-state company reimburse $12 million in Superfund cleanup costs from two residential properties that were found six years ago to have unacceptable levels of radioactivity. The newly filed litigation was discussed during an interview with BTPM News on the latest with the Niagara and Erie County Radiological Assessment, or NECRA, being conducted jointly by the New York State Department of Environmental Conservation and United State Environmental Protection Agency. (The full interview may be found above.)
NLI Holdings, Inc., headquartered in Dallas, Texas, is the successor company of Titanium Alloy Manufacturing, a former company which operated a facility in Niagara Falls, New York. According to a federal complaint filed by the U.S. Department of Justice, the former company deposited radioactive materials in a former quarry along Upper Mountain Road in the Town of Lewiston. In 2019, owners of residential properties at 783 and 789 Upper Mountain Road hired an environmental consultant to conduct a gamma survey on their lands, which found radioactivity "at more than 30 times backgrounds readings."
The following year, the EPA conducted an evaluation which found "an unacceptable risk to the residents posed by gamma radiation, radon inhalation, and radioactive dust particles originating from the materials buried at the Site," according to the DOJ.
An estimated 10,000 tons of contaminated material were removed from the site, and in 2023 the EPA concluded it work. The estimated cost of the cleanup at the properties was $12 million. It was paid for by the federal Superfund, but now the government wants NLI Holdings to reimburse the cost.
“We use Superfund dollars that are allocated to us by Congress to go out and execute those cleanups immediately, and then we have a responsibility to be good stewards of taxpayer dollars and pursue companies. That are responsible for that pollution, and that is the essence of the complaint that we filed," said EPA Regional Administrator Mike Martucci during a studio interview with BTPM News.
Martucci discussed the DOJ action while joined in studio by DEC Commissioner Amanda Lefton, who expressed support for the federal government's actions.
"These families deserve answers. We launched this effort to be proactive, to be protective, to answer the question if there is radiological waste here, and we found it. Now it's critical that we're able to deliver for these families to clean up what's there and to hold the polluter accountable," she said. "And so, the Department of Environmental Conservation is going to continue to work hand in glove with the Environmental Protection Agency until the job is done and we can deliver results for Western New Yorkers."
Governor Kathy Hochul, in a written statement, expressed support for the DOJ's filing: "Taxpayers shouldn't be left on the hook for cleaning up environmental dangers caused by irresponsible polluters. This is an important step toward holding a polluter accountable. Work must continue expeditiously to identify those who are responsible for radiological contamination being discovered through the joint state and federal effort that is currently underway. I have directed my agencies to continue to advance any work needed to protect public health and hold any responsible parties accountable and I urge the EPA to deliver justice as quickly as possible for Western New Yorkers."
State Senator Rob Ortt also expressed his support in a prepared statement: "During my meeting with EPA Administrator Zeldin last month, I was made aware of a signature that could lead to the identification of an entity responsible for the contamination. I continue to stand with affected property owners throughout Western New York, and I commend the EPA in their efforts to hold those that caused this accountable."
Lefton, meanwhile, stated that the next NECRA public informational hearing is scheduled for Tuesday, November 10 from 4 to 7 p.m. at the Calvin K. Richards Senior/Youth Activity Center, 7000 Joe Rotella Way, in Veterans Memorial Park in the Town of Niagara. She also shared that an updated online dashboard was available for residents and citizens to review the latest information on NECRA.