MAYOR MASIELLO CALLS FOR CITIZENS' LAWSUIT AGAINST LTV STEEL/HANNAH FURNACE COMPANY, CALLS FOR EPA TO STEP-UP TESTING OF RESIDENTIAL PROPERTIES
December 7, 1999
Contact: Peter K. Cutler (716) 851-4841

BUFFALO (12/7/99) - Mayor Anthony M. Masiello today called for the first steps in the filing of a lawsuit on behalf of Buffalo residents under the federal Resource Conservation Recovery Act (RCRA) against LTV Steel/Hannah Furnace Company, former owners of land converted to residential use in South Buffalo. A prerequisite to the commencement of the suit is a request by the city to EPA and NYS Department of Health (NYSDOH) to commence legal action against LTV Steel/Hannah Furnace Co. Mayor Masiello made that request today.

"Given the industrial history of the locale and the steel companies refusal to address their responsibility in remediating land that now contains residential properties, I have, on the advice of counsel, exercised my legal right to file the RCRA suit," stated Mayor Masiello. "From the first identification of contaminated soils on residential properties along Abby Street, my administration has sought to remediate the contaminated soils, protect the health of the residents and rid the neighborhood of any potential health risks. The city, to date, has borne the cost for this activity. It is now time for the companies that created this situation in the first place to accept their responsibility and remediate the properties."

Under RCRA, the city first requests the appropriate state and federal agencies to file suit against the corporate entity. Following receipt of the Mayor's request, the state and federal agencies have sixty (60) days to file their lawsuit. The corporate entity then has ninety (90) days to respond. If a resolution is not achieved within the ninety (90) day period, the city would then file a separate lawsuit against LTV and Hannah Furnace Co. The lawsuit seeks injunctive relief for the city; that is, the RCRA provisions require the defendant to provide for the complete clean-up of all formerly owned property in question.

The city will file a counter claim against LTV/Hannah Furnace Co. in federal court to seek reimbursement for $800,000+ and legal fees it has expended in the soil analysis and subsequent remediation of four residential properties on Abby Street.

"The city and its taxpayers cannot be expected to pay for the soil testing and subsequent remediation of properties that they had nothing to do with," stated the Mayor.

The Mayor also noted that the city has stopped negotiating the purchase of 200 acres of land formerly owned by LTV since the steel company has refused to pay for the remediation of four residential properties on Abby Street.

In addition to calling for the citizens' suit, Mayor Masiello has called upon the EPA (see attached) to expedite additional soil testing and any necessary soil remediation for fifteen residential properties that have been tested by the NYSDOH.

"My prime concern has always been the health and safety of the citizens that reside in this area," said Mayor Masiello. "When it was necessary to test the residential properties, we tested the properties; when it was necessary to remediate soil from specific properties, we did that; now we are pursuing further analyses that are owed the residents. If further remediation is required, LTV/Hannah Furnace Company should step forward, demonstrate their corporate responsibility and pay for all activities related to the cleaning of the properties. Their absence from this clean-up effort is unconscionable; I am bringing the full weight of my office to bear on this situation and provide whatever is necessary to determine the ultimate needs of the residential community."