A U.S. congressman has intervened on behalf of a Niagara Falls couple who have been calling on state officials to move them out of their 99th Street home amid concerns about the presence of potentially hazardous materials.
U.S. Rep. Tim Kennedy, D-Buffalo, met with Jocelyn and Daniel McKiernan on Thursday to convey his full support for their efforts to have the U.S. Environmental Protection Agency take the lead on the ongoing investigation of their property.
Kennedy described the McKiernans’ situation as “alarming” given that a trio of their 6-year-old son’s health care providers informed the couple they will no longer visit their house amid concerns about health and safety.
“No family should ever question whether or not their home and property are contaminated, or if their health and that of their children is at risk,” Kennedy said. “No child should lose in-home care because providers are afraid to walk through the door.”
Kennedy said he believes households — including the McKiernans and those impacted by high radiological readings in the Town of Niagara — should receive immediate approval for their relocation requests, adding that the health and safety of the families should take priority while studies and cleanup work continue.
“We need to meet this moment with science, facts, safety, and compassion,” Kennedy said.
Dan McKiernan said he and his wife had a good meeting with Kennedy and they appreciated his willingness to hear their concerns.
“He said he’s in our corner and fighting for us and pushing on the (New York State Department of Environmental Conservation) and the agencies to do the right thing,” he said. “We’re just hoping for some action.”
The McKiernans have been pushing the DEC to relocate them and their three children while the investigation of their property continues. So far, neither the DEC nor the state health department has honored their request. State officials have contended that, despite tests showing elevated levels of heavy metals and chemicals on their property, the McKiernans can safely stay inside their home while a long-term cleanup plan is developed.
The DEC had planned to visit the property on Thursday; however, the McKiernans, following a lengthy phone call with various state officials, decided against allowing additional work to take place out of concern about potentially hazardous dust entering their home.
The DEC and DOH have previously told the McKiernans that their preliminary investigation of materials found on the 99th Street property determined there was no immediate and acute threat to public health that would require relocation. The DEC performed additional testing of the indoor air quality, sump pump, and portions of the homeowners’ yard and has committed to working with the DOH to develop what the agencies described as an “effective cleanup plan” to prevent any exposure to potential contamination.
While DEC representatives initially suggested prior test results the McKiernans considered “alarming” may not be completely valid, as of Thursday, Dan said agency representatives “acknowledged a slew of items that they previously weren’t acknowledging.”
He added that the DEC has not yet provided him and his wife with details about the “comprehensive cleanup plan” the agency is supposed to be developing.
“They are no longer disputing the test results and we told the Department of Health and, based on available information, they still don’t see the need for relocation,” McKiernan said.