EPA Adds Saint-Gobain Site to Federal Superfund Clean-Up List

Hoosick Falls EPAThe United States Environmental Protection Agency announced in a news release this week that it has added the Saint-Gobain Performance Plastics site in the Village of Hoosick Falls to the Federal Superfund National Priorities List, which includes the nation’s most hazardous waste sites.

The agency’s decision will allow federal resources to be used to clean areas of Hoosick Falls that have been contaminated with PFOA and ensure that the health of village residents is protected.

The EPA’s designation will also allow the federal government to seek reimbursement from the companies that are responsible for the village’s contamination.

New York State Senator Charles Schumer stated, “I am glad that EPA has heeded our call to add this site to the Superfund list because it gives the EPA leverage to make the polluters pay and to set a protocol for investigation and clean-up.”

Since PFOA contamination was discovered in Hoosick Falls, the New York State Department of Environmental Conservation and Department of Health, along with the EPA, have taken several steps to address the issue:

  • In January 2016, the NYSDEC added the Saint-Gobain site to New York State’s Superfund list and requested that the EPA include the site on EPA’s federal Superfund list.
  • In April and May 2016, the EPA installed monitoring wells to sample groundwater at and around the Saint-Gobain Performance Plastics facility (McCaffrey Street facility) and sampled the Village water supply wells. The EPA also collected soil samples from the McCaffrey Street facility, Village ballfields and recreational areas.
  • In June 2016, the NYSDEC entered into a legal agreement with Saint-Gobain Performance Plastics Corporation and Honeywell International Inc. and initiated a study of the nature and extent of contamination at the site.
  • In September 2016, the EPA proposed adding the Saint-Gobain Performance Plastics site to the federal Superfund list.

Faraci Lange attorneys, Stephen Schwarz and Hadley Matarazzo, are representing residents of Hoosick Falls in a lawsuit against Saint-Gobain and Honeywell International for the PFOA contamination their manufacturing plants caused.

“To the extent that it makes more resources available to the community to address the problem, we’re happy to see that happen, Hadley stated to the New York Law Journal.


High PFOA Test Results Shock Hoosick Falls Residents

Hoosick Falls PFOA Water ContaminationGroundwater sampling from the Saint Gobain Performance Plastics manufacturing plant on McCaffery Street recorded PFOA levels at 130,000 parts per trillion. This is seven times higher than what was reported three years ago.

Saint Gobain’s Liberty Street site and Honeywell International’s John Street sites were also tested and both were found to be sources of contamination, according to Department of Environmental Conservation officials.

DEC Commissioner, Basil Seggos, states that the discrepancy in test results are due to having a limited number of samplings available in previous reports.

The test samplings included groundwater, soil and sediment, and others. Further investigation will determine the extent of the contamination, what elements are impacted and how widespread the contamination truly is.

Over 100 Village residents were present at the Hoosick Falls Center School to hear the results of the PFOA testing and learn what the next steps would be.

New York State officials, as well as Saint Gobain and Honeywell International representatives, spoke to residents and invited them to ask questions.

State officials also revealed additional sites that will be investigated further as possible sources of contamination, including the Hoosick Falls Landfill, the former Oak-Mitsui on First Street and Allied-Signal Laminate Systems on Mechanic Street.

An initial alternative water supply evaluation is expected to be completed by the fall. Residents will be given the opportunity to  review and comment on the proposed plan.

Read the full story here.


Editorial: Cancer Study Provides Incomplete Picture of Health Impact

The Daily Gazette recently published an editorial elaborating on the lack of scope of the New York State Department of Health’s cancer study that investigated the impact Hoosick Falls’ PFOA water contamination had on residents’ health.

The study found that there were no elevated incidences of cancer among village residents due to the long term exposure of PFOA.

In the opinion of many, the study provides an incomplete and potentially inaccurate image of the effects of PFOA on Hoosick Falls residents.

For one, the investigation only took into account data from the state’s cancer registry of people residing in the Village of Hoosick Falls.

This left out people living in the surrounding town of Hoosick Falls, where more than 100 wells were contaminated with PFOA. This also excluded the town residents who get their water from the village’s municipal supply.

Additionally, the study also failed to include data from people who had previously lived in the contamination area but have since moved out.

Another factor was the length of the study. The investigation studied data from 1995, which is about 22 years. The contamination, however, is said to go back about 40 years.

The report also had a lack of transparency, with the names of the researchers and peer reviewers being unidentified. This makes it more difficult for the public to evaluate the qualifications of the people behind the study.

Read the full editorial here.


Community Meeting Addresses Questions About State Cancer Study

A community meeting was held in Hoosick Falls last week to address questions regarding the New York State Department of Health cancer study that was recently released.

The study, which investigates the effect of PFOA exposure on cancer rates in the Village of Hoosick Falls, was criticized by many for its narrow scope. Shortly after its release, residents gathered at the Hoosick Falls Armory for answers.

“Nobody is being held accountable. Nobody has even apologized for dumping toxins in the water,” said Barbara Burch, who previously lived in Hoosick Falls with her family but now resides in Petersburg.

Burch and her family have been consuming water contaminated with PFOA for over 20 years, after which her husband died from cancer.

“…nobody contacted me about his results or what happened to him,” stated Burch, feeling frustrated that her husband’s results were left out from the study.

Mayor Rob Allen was also present at the meeting and wanted the community to know that the Department of Health would be accessible to answer any questions.

“We spent a lot of time explaining what our study didn’t do…Our study does not dismiss or diminish the very valid concerns that residents have,” said Department of Health Deputy Commissioner for Public Health Brad Hutton.

More meetings will be scheduled in Hoosick Falls by the Department of Health for anyone who still has questions.

Read the full article here.


Senate Approves Bill Allowing Hoosick Falls to Issue Bonds

Hoosick Falls PFOA contaminationThe New York State Senate approved legislation yesterday that will allow the Village of Hoosick Falls to issue bonds for up to $1.5 million to help cover the costs related to cleaning up the town’s PFOA water contamination.

The bill, which passed 60-2, will allow the village to issue bonds through the end of this year for cleanup costs and fees related to negotiating a settlement agreement with the responsible companies.

Hoosick Falls is also authorized to levy annual property taxes in order to pay for the annual debt service on the bonds, which can also be paid through water or sewage charges.

The village will have ten years to pay back bonds.

“We just needed some initial breathing room right now and in the near future so we can get things situated and work towards working on something with the companies,” stated village Mayor Rob Allen.

Mayor Allen explains that if a settlement agreement is reached with the polluters, that money will be used to pay the debt service as well as other expenses.

Unpaid expenses for testing, improvement, legal work, engineering and public relations services are reaching $1 million. However, Mayor Allen says the village is not planning to bond for the entire $1.5 million approves.

Next, the Bill will head to the Assembly for approval.

Read the full article here.


500 Days of PFOA Contamination Raises Pressure to Find New Source of Water

Last week marked the completion of 500 days of water contamination in Hoosick Falls with the chemical PFOA.

The Environmental Advocates of New York organized residents of Hoosick Falls to gather at the state capitol in Albany on Thursday to demand state leaders to find an uncontaminated source of drinking water for the community.

Advocates demand that the $2.5 billion clean water fund recently created in the state budget be used to restore clean water to Hoosick Falls immediately.

Currently, residents of Hoosick Falls are using filtered water from the treatment systems that have been put into place by the state to remove PFOA from the contaminated groundwater. However, residents are still afraid of the potential effects consuming the filtered water may have.

“We want to see a long-term solution to this where we’re providing clean water uncontaminated with PFOA to the village. But certainly, in the interim, we’re making sure this treatment system is 100 percent effective,” stated DEC Commissioner Basil Seggos.

The DEC will soon announce the results of a feasibility study conducted to locate a new water source. Saint-Gobain and Honeywell were ordered by the state to execute this study.

“We’re looking at a few spots in the valley where enough water is being produced, at least water quality is good in a couple different wells that have been drilled. And we’re doing continual tests on that to make sure there’s enough water pressure and capacity,” said Seggos.

Read the full story here.


Motion to Dismiss Hoosick Falls Class Action Denied by Federal District Court

In a 39 page decision released today, United States District Judge Lawrence E. Kahn of the Northern District of New York denied the motion filed by defendants Saint Gobain and Honeywell seeking to dismiss the consolidated Hoosick Falls water contamination class action filed on behalf of village residents.

The Court held that plaintiffs had properly stated valid legal claims for negligence, trespass and nuisance due to the PFOA contamination of the drinking water in Hoosick Falls allegedly caused by the defendants.

The defendants made the argument that contaminating a resident’s drinking water does not give rise to a valid claim because the water is not owned by the resident but by the State of New York. This argument was rejected by the Court in the today’s decision.

The Court also held that plaintiffs’ claims to establish a medical monitoring program for the residents of Hoosick Falls to facilitate early diagnosis and treatment of diseases related to PFOA exposure could proceed because the residents had properly alleged an injury to both person and property.

The Court did grant one portion of defendants’ motion dismissing nuisance claims brought on behalf of the residents who obtained their water from the public water supply, holding that these residents could not bring a private nuisance claim.

The entire decision can be read here.


Village Ignores Residents’ Concerns Regarding Controversial Settlement Agreement

The village of Hoosick Falls is in the process of finalizing a controversial settlement with the two companies that are to blame for the pollution of their water supply, despite villagers’ concerns with specific sections of the agreement.

A summary was posted on the village’s website last week that many felt casted aside the community’s concerns with the agreement.

The agreement will reimburse the lost revenues from the pollution of the water supply. However, there is a section in the agreement which will prevent the village from being able to sue the two companies at fault for the pollution if future contamination occurs from the existing groundwater wells they own. The villagers of Hoosick Falls believe this section should not be included in the agreement.

The village states that if there is future contamination, the state Department of Environmental Conservation can take action against the companies responsible for the pollution, but the villagers are not satisfied with this answer.

The vote on the agreement was initially set to have taken place last month, but was postponed due to the high volume of villagers’ concerns.

A meeting was set on January 12th to help resolve those concerns, but resulted in no success and Hoosick Falls’ residents felt their concerns were not taken into consideration for that section of the agreement.

The villagers will be noticed if a vote is scheduled or if amendments to the agreement are taking place.

Read the full article here.


Hoosick Falls Considers Farmland for New Water Supply

Hoosick Falls PFOA contaminationHoosick Falls is looking into a farm along the Hoosic River located about a mile south of the village’s water treatment plant as an alternate water supply after the PFOA water contamination.

The farmland is owned by Jeffrey Wysocki, Hoosick town Councilman, and is located off Route 22 across from the central school district building.

The New York State Department of Environmental Conservation drilled a test well at the site and found that the underground water supply in the area is free of PFOA.

The state will begin installing a larger well line in two weeks to test the strength of the underground aquifer and to verify that it would be able to supply 500,000 gallons per day, which is the village’s water usage requirement. In addition, it will also re-test the water for any contamination.

The DEC has been leading the search for an alternate water supply since last February.

Sean C. Mahar from the DEC stated, “Our investigation has been thorough and accomplished a lot in a relatively short period of time…We have a very promising location.”

The next step will include Saint-Gobain and Honeywell to conduct studies that would rank and provide cost estimates of all the alternate water supply options. The proposals will be introduced in community hearings allowing for public input.

Read the full article here.


Village Board of Hoosick Falls Considers PFOA Contamination Agreement

Hoosick Falls PFOA lawsuitAn agreement with Saint Gobain Performance Plastics and Honeywell International, the two companies being held accountable for the PFOA water contamination in Hoosick Falls, is being considered by the village board.

The agreement, which is estimated to cost the two companies $850 thousand, will reimburse the village of Hoosick Falls for the losses it incurred from decreased water and sewer revenues, in addition to the costs of flushing water pipes.

The village board will consider the agreement at a meeting being held today at 6 p.m. at the Hoosick Falls Senior Center.

Learn more about the proposed agreement on the Hoosick Falls Water Contamination website here.

Read the full story here.