Dan and Jocelyn McKiernan hired a company to do some excavation work so they could install a new swimming pool in their backyard this summer.
Instead of swimming in the sun, the 99th Street couple is now worrying about the dirt, carbon rods and debris the excavation work left behind.
The McKiernans were concerned enough this week to make multiple calls to multiple public agencies, including the New York State Department of Environmental Conservation and U.S. Environmental Protection Agency.
They said a member of the DEC’s spill response team visited their home on Thursday and performed tests using a photoionization detector, commonly known as a PID, which detects organic compounds and potentially harmful gases.
The McKiernans said the DEC staffer told them he was only testing for petroleum levels with a range of readings from 5.6-13 and that the results showed the dirt piles were within “safe” limits. They said he also advised them that he planned to consult with the DEC’s Division of Material Management and Environmental Remediation.
However, they said he also cautioned them to remove the dirt and other materials found beneath their pool site as soon as possible because, once exposed to oxygen, they posed a greater threat. In the meantime, the McKiernans said he told them to keep their two dogs and three children, ages 1, 4 and 7, away from the piles.
The couple heard similar statements from EPA representatives who told them their land is “not normal native soil” and is seen in many landfills and is not a risk as a sub-base. EPA engineering staff later requested photos of the piles, which”raised red flags” for the McKiernans who said the federal agency also advised them to keep their children, pets and others away from the materials in their backyard for the time being.
“With this being unearthed, it is a health concern because it is getting air exposure, but they are just leaving it for us,” Jocelyn said.
Dan said the couple was not notified when they bought the house in 2020 about any potentially hazardous environmental concerns. They began feeling more concerned after using AI to do some research about the long history of contamination in the city, including the Love Canal area where they live.
“I honestly feel sick inside,” Dan said. “I’m not from the area. It wasn’t disclosed when we purchased the property. I feel guilty. As a husband and father, you want to protect your family and I feel like I put us in harm’s way.”
So far, neither the DEC nor the EPA have established timeframes for responding to the couple’s requests for additional testing.
The McKiernans are now working with Christen Civiletto, a local environmental attorney and author who, in recent weeks, has been advising homeowners in the Town of Niagara who recently went public with their concerns about extremely high radiological readings on their properties in their neighborhood near Reservoir State Park.
“We are preparing an open letter to send to multiple agencies and the governor and hoping to have the backing of the city and other organizations in calling for immediate and comprehensive testing this weekend,” Civiletto said on behalf of the 99th Street homeowners.
The DEC did not respond to a request for comment on Friday afternoon.
The DEC and EPA recently notified 120 local private property owners about their interest in accessing their land for additional radiological testing as part of an ongoing radiological survey of Niagara and Erie counties. The agencies have suggested the probe is being performed out of an abundance of caution. The two agencies will hold an “availability session” at 5 p.m. Monday at the Niagara Falls Convention Center. The session will include representatives from the New York State Department of Health.
“DEC is committed to ensuring Western New Yorkers are informed of the extensive efforts underway to protect public health and provide more certainty for property owners where additional investigation of radiological material is needed,” DEC Commissioner Amanda Lefton said. “In coordination with EPA, we look forward to providing the latest update on the Niagara and Erie County Radiological Assessment and providing an opportunity to connect one-on-one to help directly address resident concerns.”