A years-long investigation into radiological “hot spots” found in Niagara and Erie counties has moved to its final phase — requesting permission to access private properties for additional testing.
The Niagara Gazette has learned that “Property Owner Access Forms” have been delivered to dozens of local households by the New York State Department of Environmental Conservation and U.S. Environmental Protection Agency as part of the third phase of an ongoing investigation known as the Niagara and Erie County Radiological Assessment.
A copy of the form obtained by the Niagara Gazette shows both agencies are seeking permission from recipients to enter their properties to perform “initial radiological investigation.” The notice indicates the work could include the “use of hand-held detection equipment, sample collection and photographic documentation.”
By signing the access form, affected property owners agree to waive “any and all claims” they may have “now or in the future to seek or receive reimbursement” from the DEC, the EPA or the state of New York.
The notice acknowledges the EPA has enforcement authority, under the Superfund law, to carry out activities related to the investigatory work.
A spokesperson for the DEC confirmed outreach to potentially impacted property owners is part of the latest phase of the ongoing radiological assessment, which started with an aerial survey completed in 2024.
According to the DEC, the current phase involves working with property owners and local governments to investigate areas in need of additional data to help determine next steps.
“This project is being performed out of an abundance of caution to provide the most current and scientific information about the historical use and distribution of by-products and waste material containing radiological material,” the DEC said in a statement issued in response to questions by spokesperson T.J. Pignataro.
The current assessment process follows aerial radiological survey work performed in the region in 1984 to assess the extent of potential use and distribution of by-products and waste material containing radiological material, including “slag,” a hazardous industrial by-product resembling standard gravel that was historically sold at a low price or given away as fill material for driveways, parking lots and foundations.
The Gazette’s media partner, Investigative Post, reported in 2016 that radioactive materials were prevalent in Niagara and Erie counties, with government documents showing state health and environmental officials have known for almost four decades that at least 60 properties throughout Niagara County and on Grand Island are contaminated with radioactive material that resembles gravel.
Investigative Post reported, based on its review of state and federal documents, radioactivity at these properties ranged from three to more than 70 times what people are naturally exposed to in the local environment.
Authorities initiated cleanup work and the removal of contaminated waste on a pair of local properties, including a parking lot shared by a bowling alley and building supply store on Niagara Falls Boulevard. The EPA also examined a part of a cemetery property located off Roberts Avenue in Lewiston.
The most recent joint DEC and EPA aerial survey, completed in the summer of 2024, resulted in more than 15,000 nautical miles of linear coverage and more than 500,000 data points. Last summer, both agencies followed up with a roadway survey, which covered about 1,000 miles in the two counties.
The DEC said information obtained during the two earlier surveys was modeled with “locations of interest” on private properties identified based on radiological “variations” from adjacent areas. The agency cautioned that such variations could be the result of natural features such as glacial deposits or bedrock, man-made features, including brick buildings or granite curb stones, or radiological materials from industrial processes.
As part of the ongoing phase 3 of the investigation, the DEC and EPA have been in contact with potentially impacted property owners through mailings, phone calls and on-site outreach. As to the property owner’s access forms request for a waiver, the DEC described it as language “typically used” in such access agreements.
Data collected from private properties as part of the current investigation phase will be analyzed by the EPA, with properties deemed to be of a radiological concern undergoing further evaluation, including surface scans, sampling and evaluation of data by an agency risk assessor. The DEC said the next steps will be determined once the findings have been reviewed by the state environmental regulatory agency and the New York State Department of Health.