Honorable Kathy Hochul
Governor of New York
The State Capitol
Albany, NY 12224
Re: Request That Your Administration Immediately Withhold All State Approvals for Redevelopment of the Former Milliken Station Site Located at 228 Cayuga Drive, Lansing NY Until a Wide Range of Toxic Releases and Environmental Concerns Are Comprehensively Restored to “pre-disposal conditions, to the extent feasible” as Mandated by State Law.
Greetings:
We, the undersigned, write to request that your administration immediately withhold all State approvals for redevelopment of the above-referenced Site (hereinafter the “Site”), until a wide range of Toxic Contamination Releases and Environmental Concerns Documented at the Milliken Station Site, Lansing, NY 14882 (10/26) are comprehensively restored to “pre-disposal conditions, to the extent feasible” as mandated by 6 NYCRR (New York Codes, Rules and Regulations) PART 375-2.8 (a).
This request warrants your urgent attention because the Site is located adjacent to Cayuga Lake, a drinking water supply source for more than 30,000 residents that is included in the National 303(d) Registry of Impaired Waters due to long-standing water quality regulatory violations. A comprehensive Total Maximum Daily Load (TMDL) watershed cleanup plan was required to eliminate those problems circa 2002, but has never been implemented.
As documented by State Department of Environmental Conservation (DEC) data presented for your review, toxic releases from the Site have polluted Cayuga Lake for decades without adequate cleanup. On-going groundwater and fugitive dust contamination concerns are also associated with more than one billion pounds of coal ash reportedly landfilled for nearly 50 years in a site that is neither designed, constructed nor maintained to prevent pollution releases on a comprehensive basis. Massive quantities of coal ash and toxics have also been reportedly landfilled in off-site areas.
It is beyond dispute that DEC has failed to clean up these toxic concerns since they first came to light nearly 40 years ago. We write today to demand that your administration require the following Site concerns to be fully resolved so that Site redevelopment activities cannot further impact public health and the environment, notably Cayuga Lake. It is imperative that the Site remain undisturbed until it is comprehensively remediated.
A. 1994 DEC Hazardous Substance Waste Disposal Site “Public Health Threat” Determination
As detailed on page one and two of Toxic Contamination Releases and Environmental Concerns Documented at the Milliken Station Site, Lansing, NY 14882 (10/26), DEC prepared a Hazardous Substance Waste Disposal Site profile on 3/29/94 that documented extensive toxic releases and threats that were never remediated.
DEC determined the Site’s Hazardous Ranking System score was 37.63 based on 11/24/87 data. An HRS score of 28.5 is required to qualify for the National Superfund Priority List for Superfund Cleanup, aka the “worst dumps in the nation” list. Despite DEC’s findings summarized below, the Site was never comprehensively remediated:
“Does a threat to the Environment or the Public Health exist? P (bold is emphasis added herein)” [Public Health, not in the original. See page two.]
A wide range of toxic concerns are detailed in the DEC Site profile:
“Site Impact Data – Affected Media
Contamination of…”
“Groundwater? Y” [Yes, not in the original. See page two.]
“Drinking Water? Y” [Yes, not in the original]
“Ambient Air Contamination Y” [Yes, not in the original]”
“Describe the threat posed by disposed hazardous substance.
There have been complaints from neighboring residents about blowing fly ash from the landfill. The landfill is surrounded by dikes. Groundwater in the area is used for drinking water.”
“Describe the site:
Electric and gas substation operates a coal combustion by-product (fly-ash) disposal landfill. It is not known if there is a liner under the older section of the landfill. This site is under consent order.”
“Hazardous Substances Disposed
coal combustion by products – organics, inorganics, metals”
“Selected Analytical Information”
“Groundwater
Elevated levels of chromium and sulfates.”
Documented Site releases of heavy metals that are elements and organic chemical coal combustion by-products raise profound public health and environmental concerns. Decades of pollution discharges that reportedly impacted air, land and groundwater both on-site and in adjoining areas as well as Cayuga Lake must be investigated and remediated before any redevelopment of the property is authorized. No land disturbance must be allowed until the site is restored to “pre-disposal conditions, to the extent feasible.”
B. Documented Toxic Release Inventory and Persistent, Bioaccumulative and Toxic substances (PBT) Releases to Air, Water and Land
As documented on pages 35 to 116, activities at the Site from at least 1998 to 2024 reportedly released millions of pounds of chemical compounds “on-site” to “air,” “water,” and land. These releases are required to be disclosed pursuant to the Toxic Release Inventory (TRI) and the Persistent, Bioaccumulative and Toxic substances (PBT) regulatory programs.
TRI reports “certain toxic chemicals that may pose a threat to human health and the environment.”
PBT reports substances that “linger in the environment, build up in living tissue, and pose risks to human health and wildlife.
Toxic compounds reportedly released into air and water or landfilled include, but are not limited to: “Dioxin and dioxin-like compounds, Mercury compounds, Lead compounds, Hydrogen fluoride, Barium compounds (except for barium sulfate (CAS No. 7727-43-7)), Vanadium compounds, Manganese compounds, Zinc compounds, Ammonia, Sulfuric acid (acid aerosols including mists, vapors, gas, fog, and other airborne forms of any particle size), Hydrochloric acid (acid aerosols including mists, vapors, gas, fog, and other airborne forms of any particle size) and Formic acid.”
These documented Site releases raise major concerns about the public health consequences and the environmental fate of decades of pollution discharges that undoubtedly impacted air, land and Cayuga Lake. All of those threats must be resolved through the comprehensive investigation and remediation requested herein.
C. Documented Petroleum or Hazardous Chemical Spills
As detailed on pages 10 – 27, DEC data document numerous petroleum or hazardous chemical spills reported at the Site. Many of these uncontrolled releases reportedly impacted Cayuga Lake as well as areas on and adjacent to the Site:
Page 10: Spill No: 9212642
Caller Remark: “LEAKING GASKET WAS THE CAUSE RELEASE. MATERIAL FLOWED THROUGH API SEPARATOR .WAS DISCHARGED AT SPEDES (stet) OUTFALL (bold is emphasis added) 001B W/PH OF 11. DISCHARGE WAS DILUTED BEFORE RELEASE TO LAKE W/PH OF 8.”
DEC Remark: “Prior to Sept, 2004 data translation this spill Lead_DEC Field was MR 02/09/93: NO PRODUCT WAS RECOVERED. REPAIR TO SYSTEM WAS MADE. “
Page13: Spill No: 9815239
Material Family: Petroleum
Water Body: CAYUGA LAKE
Caller Remark: “OVERFILLED A PUMP AND WATER GOT INTO THE PACKING – CIRCULATING NOW AS A SHEEN – MIKE NASH FROM DEC WAS ADVISED” DEC Remark:
“Prior to Sept, 2004 data translation this spill Lead_DEC Field was LCS 04/09/99— SPOKE WITH MR. O’BRIEN. SPILL WAS SMALL AND LOST AS A SHEEN TO THE LAKE. IT WAS UNRECOVERABLE
Page 14: Spill No: 9502121
Water Body: CAYUGA LAKE
Meets Std: False
Caller Remark: “LIFT STATION OVERFLOW EXCESS WENT INTO LAKE. OILS FROM STATION FLOWED INTO LAKE…”
Page 15: Spill No: 9505149
Material Family: Petroleum
Caller Remark: “STREET SWEEPER LEAKED OIL WHILE CLEANING ROAD AT FACILITY. SOME OIL SHEEN ENTERED STORM SEWERS LEADING TO LAKE.”
DEC Remark: “Prior to Sept, 2004 data translation this spill Lead_DEC Field was MR 07/27/95: CLEANUP WITH SORBENTS. SORBENT BOOMS PLACED IN LAKE AT OUTFALLS FROM. ”
Page 17: Spill No: 1304142
Meets Std: False
Caller Remark: “ROLLOVER AND SLID DOWN HILL.
“Called Cayuga Operating. A dump truck carrying fly ash lost power/brakes and rolled downhill backwards and eventually rolled over spill some diesel fuel and hydraulic oil.
Page 18: Spill No: 1103713
Meets Std: False
Caller Remark: “Contained in fine cole (stet) pile.”
DEC Remark: “Contacted AES. Contaminted material was burned in on-site incinerator.”
Page 19: Spill No: 9712846
Caller Remark: “CALLER NOTICED DURING THE RECENT RAIN STORM A SHEEN RUNNING OFF OF THE ROAD INTO THE STORM DRAIN – BOOMS SET UP AROUND STORM DRAINS
Page 20: Spill No: 9208851
Water Body: CAYUGA LAKE
Caller Remark: “WHILE REMOVING A FLY ASH COLLECTION SILO THE BOOM OF THE CRANE INVOLV-ED IN THE REMOVAL FAILED. ACCORDING TO PLT MGR APPROXIMATELY 7 TONS OFASH (stet) SPILLED FROM SILO. 80%CONTAINED. 20% WENT FREE IN AIR.”
Material Name: bituminous fly ash
Page 25: Spill No: 1103710
Meets Std: False
Caller Remark: “Contained in fine coal pile. Clean up done.”
DEC Remark: “7/5/11 – Called spill site. Oil released was contained at coal pile.”
Material Family: Petroleum
Quantity: 20.00 Recovered: .00
All of these concerns must be resolved through the comprehensive investigation and remediation requested herein.
D. Documented Hazardous Waste Generation and Disposal Activities
According to the information presented on pages 30 to 34, activities at the Site generated large quantities of hazardous wastes, including, but not limited to:
Waste Code: D001 Waste Code Desc: IGNITABLE WASTE
Waste Code: D002 Waste Code Desc: CORROSIVE WASTE
Waste Code: D003 Waste Code Desc: REACTIVE WASTE
Waste Code: D007 Waste Code Desc: CHROMIUM
Waste Code: D008 Waste Code Desc: LEAD
Waste Code: D018 Waste Code Desc: BENZENE
Waste Code: D039 Waste Code Desc: TETRACHLOROETHYLENE
Waste Code: F001 Waste Code Desc: THE FOLLOWING SPENT HALOGENATED SOLVENTS USED IN DEGREASING: TETRACHLOROETHYLENE, TRICHLORETHYLENE, METHYLENE CHLORIDE, 1,1,1-TRICHLOROETHANE, CARBON TETRACHLORIDE AND CHLORINATED FLUOROCARBONS; ALL SPENT SOLVENT MIXTURES/BLENDS USED IN DEGREASING CONTAINING, BEFORE USE, A TOTAL OF TEN PERCENT OR MORE (BY VOLUME) OF ONE OR MORE OF THE ABOVE HALOGENATED SOLVENTS OR THOSE SOLVENTS LISTED IN F002, F004, AND F005; AND STILL BOTTOMS FROM THE RECOVERY OF THESE SPENT SOLVENTS AND SPENT SOLVENT MIXTURES.
Waste Code: F002 Waste Code Desc: THE FOLLOWING SPENT HALOGENATED SOLVENTS: TETRACHLOROETHYLENE, METHYLENE CHLORIDE, TRICHLOROETHYLENE, 1,1,1-TRICHLOROETHANE, CHLOROBENZENE, 1,1,2-TRICHLORO 1,2,2-TRIFLUOROETHANE, ORTHO-DICHLOROBENZENE, TRICHLOROFLUOROMETHANE, AND 1,1,2, TRICHLOROETHANE; ALL SPENT SOLVENT MIXTURES/BLENDS CONTAINING, BEFORE USE, A TOTAL OF TEN PERCENT OR MORE (BY VOLUME) OF ONE OR MORE OF THE ABOVE HALOGENATED SOLVENTS OR THOSE SOLVENTS LISTED IN F001, F004, AND F005; AND STILL BOTTOMS FROM THE RECOVERY OF THESE SPENT SOLVENTS AND SPENT SOLVENT MIXTURES.
Waste Code: F003 Waste Code Desc: THE FOLLOWING SPENT NONHALOGENATED SOLVENTS: XYLENE, ACETONE, ETHYL ACETATE, ETHYL BENZENE, ETHYL ETHER, METHYL ISOBUTYL KETONE, N-BUTYL ALCOHOL, CYCLOHEXANONE, AND METHANOL; ALL SPENT SOLVENT MIXTURES/BLENDS CONTAINING, BEFORE USE, ONLY THE ABOVE SPENT NONHALOGENATED SOLVENTS; AND ALL SPENT SOLVENT MIXTURES/BLENDS CONTAINING, BEFORE USE, ONE OR MORE OF THE ABOVE NONHALOGENATED SOLVENTS, AND A TOTAL OF TEN PERCENT OR MORE (BY VOLUME) OF ONE OR MORE OF THOSE SOLVENTS LISTED IN F001, F002, F004, AND F005; AND STILL BOTTOMS FROM THE RECOVERY OF THESE SPENT SOLVENTS AND SPENT SOLVENT MIXTURES.
Waste Code Desc: F004 THE FOLLOWING SPENT NONHALOGENATED SOLVENTS: CRESOLS, CRESYLIC ACID, AND NITROBENZENE; AND THE STILL BOTTOMS FROM THE RECOVERY OF THESE SOLVENTS; ALL SPENT SOLVENT MIXTURES/BLENDS CONTAINING, BEFORE USE, A TOTAL OF TEN PERCENT OR MORE (BY VOLUME) OF ONE OR MORE OF THE ABOVE NONHALOGENATED SOLVENTS OR THOSE SOLVENTS LISTED IN F001, F002, AND F005; AND STILL BOTTOMS FROM THE RECOVERY OF THESE SPENT SOLVENTS AND SPENT SOLVENT MIXTURES. F005 THE FOLLOWING SPENT NONHALOGENATED SOLVENTS: TOLUENE, METHYL ETHYL KETONE, CARBON DISULFIDE, ISOBUTANOL, PYRIDINE, BENZENE, 2-ETHOXYETHANOL, AND 2-NITROPROPANE; ALL SPENT SOLVENT MIXTURES/BLENDS CONTAINING, BEFORE USE, A TOTAL OF TEN PERCENT OR MORE (BY VOLUME) OF ONE OR MORE OF THE ABOVE NONHALOGENATED SOLVENTS OR THOSE SOLVENTS LISTED IN F001, F002, OR F004; AND STILL BOTTOMS FROM THE RECOVERY OF THESE SPENT SOLVENTS AND SPENT SOLVENT MIXTURES.
Conclusion
Cayuga Lake has experienced worsening water quality impairments for decades because New York State failed to enforce strict regulatory requirements that mandate a comprehensive TMDL regulatory watershed cleanup program to be adopted and implemented.
Even though Cayuga Lake is the Number One Priority for a TMDL, your administration refused to adopt or fund a meaningful plan to pinpoint and eliminate pollution sources, including the Site, in order to end a plague of Harmful Algal Blooms and restore water quality as requested by a broad statewide coalition:
Even worse, your administration improperly renewed a key permit for the Site’s former utility facility despite a detailed request to enforce regulatory prohibitions mandated by law.
We request that your administration immediately rescind that improper permit and withhold all other State approvals required for the Site’s redevelopment until the toxic releases and contamination concerns documented herein both on-site, in adjoining areas and off-site are comprehensively investigated and remediated in strict compliance with the State mandate to restore the Site to “pre-disposal conditions, to the extent feasible” pursuant to 6 NYCRR (New York Codes, Rules and Regulations) PART 375-2.8 (a).
We request that all potential responsible parties be held strictly liable for remediating contamination concerns both on-site and in adjoining areas, especially areas frequented by the public.
We trust that you will find this request self-explanatory. Please do not hesitate to contact the initial signatory to this request if you have questions or suggestions. We would be pleased to arrange a meeting with signatories at your earliest convenience to discuss fulfilling this request.
Very respectfully yours,
Hon. Amanda Lefton
Hon. James V. McDonald M.D., M.P.H.
Hon. Charles Schumer
Hon. Kirsten Gillibrand
Hon. Deborah J. Glick
Hon. Pete Harckham
Hon. Members of the Lansing Town Board
Hon. Members of the Tompkins County Legislature
Hon. Lea Webb
Hon. Anna Kelles
Add your name. Sign the coalition letter.
Signers
, petition signersResults
| First | Last | City | State / Province | Organization or Group Name |
|---|---|---|---|---|
| Walter | Hang | Ithaca | New York | |
| Jonathan | Culler | ITHACA | New York | |
| First | Last | City | State / Province | Organization or Group Name |