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Letter from DEC to F.A.C.T.S.
Letter to DEC from F.A.C.T.S.
 

F.A.C.T.S.' multiple requests to the NYS DEC for a Linde groundwater corrective action

(the original request was made on November 10, 2005)

Re: Linde Groundwater ROD

Monday, June 23, 2008 2:52 PM

From: "J Rauch"

To: "Barbara Youngberg"

Ms. Youngberg:

I would be interested to learn what are the "more pressing issues" that have prevented Department action for over two and one-half years on F.A.C.T.S.' legitimate request for a groundwater corrective action at the Linde site. This request was first made by our letter to you of November 10, 2005.

Lacking further explanation, we can only infer that the enforcement of groundwater protection rules is not a Department priority.

Please make your successor aware of this matter so that it is addressed as soon as possible and not lost in the shuffle. Please provide us contact information for your successor, as well as the Department executive currently charged with this matter.

Thank you for your assistance.

James Rauch, Secy

F.A.C.T.S. (For A Clean Tonawanda Site), Inc.

--- On Mon, 6/23/08, Barbara Youngberg wrote:

From: Barbara Youngberg

Subject: Re: Linde Groundwater ROD

To: jm_rauch@yahoo.com

Date: Monday, June 23, 2008, 9:34 AM

Mr. Rauch - When I wrote you in March, I honestly thought I'd quickly get approval to send my response. I'm sorry, but I still don't have the okay. Because of the questions you asked, my reply has to be approved by the executive office of our Department, and I think that reviewing my letter continues to be put aside because of more pressing issues. I have periodically asked about it (most recently last week), but I (rightly) don't influence the priorities of the executive office.

I'm getting ready to retire. My last day in the office will be this Friday. I will do everything I can to get you a response this week. You'll hear from me regardless, by Friday.

Barb Youngberg

>>> J Rauch 06/20/08 8:00 AM >>>

June 20, 2008

Ms. Youngberg:

It is now twelve weeks since your commitment to send your written reply to FACTS' multiple requests for a corrective action at Linde to address groundwater contamination. What is the cause of the delay? When may we expect to receive your already written response?

James Rauch, Secy

F.A.C.T.S. (For A Clean Tonawanda Site), Inc.

--- On Fri, 3/28/08, Barbara Youngberg wrote:

From: Barbara Youngberg

Subject: Linde Groundwater ROD

To: "J Rauch"

Date: Friday, March 28, 2008, 5:18 PM

Mr. Rauch - I promised to get a response to you by the end of March, but I don't think I'm going to make that deadline. My response has been written, and is being reviewed within the Department, so I should have it to you sometime next week. I apologize for the continuing delay.

Barbara Youngberg

Date:Fri, 22 Feb 2008 15:26:45 -0500

From:"Barbara Youngberg"

To:"J Rauch"

Subject:Re: USACE ROD for Linde groundwater

Mr. Rauch - Our Department’s position on the Linde groundwater contamination was presented in our comments on the proposed plan. We have never agreed with the Corps’ ROD. The legal issues you have raised are under review by our Office of General Counsel. I hope to have a response for you by the end of March.

Barbara Youngberg

>>> J Rauch 02/13/08 10:56 AM >>>

Dear Ms. Youngberg:

It is now almost 7 months since this last communication, and 26 months since F.A.C.T.S., Inc. requested that DEC issue a corrective action order to USACE/Linde for Linde groundwater contamination in excess of standard.

We would appreciate an indication without further delay, one way or the other, as to what DEC's position is on the USACE ROD for Linde groundwater.

Thank you.

James Rauch,

Secretary

F.A.C.T.S. (For A Clean Tonawanda Site), Inc.

Friday, August 24, 2007 4:52 PM

Barbara Youngberg wrote:

Mr. Rauch - I apologize for the delay in getting back to you. We have not made any decisions yet on the Linde Groundwater ROD. I will let you know when we do.

Barbara Youngberg

>>> J Rauch 07/20/07 8:37 AM >>>

July 20, 2007

Dear Ms. Youngberg:

It is now four and a half months since I wrote to you. Please let me know when we may expect the results of your Department's review.

Sincerely,

James Rauch

Secretary

F.A.C.T.S. (For A Clean Tonawanda Site) Inc.

Monday, April 16, 2007 4:08 PM

Barbara Youngberg wrote:

Mr. Rauch - We are reviewing the ROD and will respond to your e-mail soon.

Barbara Youngberg

>>> J Rauch 03/04/07 9:55 PM >>>

March 4, 2007

Barbara A. Youngberg, Chief

Radiation Section

Division of Hazardous Waste and Radiation Management

New York State Department of Environmental Conservation

625 Broadway, 8th Floor

Albany, NY 12233-7255

by email

Dear Ms. Youngberg:

We are in receipt of Army Corps' "No action" ROD for the Linde groundwater operable unit. Not surprisingly, USACE has opted for long-term release of contaminants to the aquifer, and attempts to rationalize this degradation of groundwater.

Sixteen months ago [November 10, 2005] we sent your Department a letter along with our comments on the revised USACE groundwater study. (Please refer to our attached letter and comments to USACE.) In that letter we called your attention to findings of Ra-226 contamination above the drinking water standard, the result of massive underground injections of liquid uranium refinery wastes over 60 years ago, and we requested the State act to ensure that USACE performed the required federal corrective action.

Instead, in its comments DEC requested monitoring and institutional controls, both of which unquestionably would be ineffectual over the duration of the hazard involved.

Why did the State not request that USACE perform the corrective action required by law, especially in light of the fact that we, as the citizen stakeholder group since 1994, requested it? Does the new administration not intend to enforce environmental laws flouted by federal agencies?

Again, we ask the State to take the necessary action to enforce the groundwater protection statutes in this fairly obvious case.

Sincerely,

James Rauch

Secretary

F.A.C.T.S. (For A Clean Tonawanda Site) Inc.

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