Hazardous Waste

We often consider our residential neighborhoods to be free from the dangers of hazardous waste. However, hazardous waste sites can often, literally, be in our own backyards.

Take the case of the neighborhood of Love Canal, now synonymous with the phrase "toxic waste dump". Love Canal, located in the southeast section of Niagara Falls, New York, takes its name from the failed plan of entrepreneur William T. Love. In 1892, Love began digging a man-made canal, linking the Niagara River to Lake Ontario, in order to provide hydroelectric power and a shipping route to bypass Niagara Falls. Due to nationwide economic depression and loss of financial backing, the project was never completed. Only one mile of the canal had been dug. The area naturally filled with water and was used as a swimming area into the early 1900s. The 15-acre site was bought by the Hooker Chemical and Plastic Corporation in 1947. The canal was lined with cement in order to accept chemical waste. By 1952, thousands of tons of toxic chemicals were disposed of in the canal. In 1953, the landfill reached maximum capacity and Hooker constructed a cement cap and covered the area with dirt. The Niagara Falls Board of Education wanted to purchase the site but Hooker initially refused due to the presence of toxic chemicals. The Board of Education threatened Hooker with eminent domain and purchased the site for one dollar with a disclaimer on the deed absolving Hooker from any further liability due to the disclosure of buried chemical waste on the property. A school was constructed and the remaining land was sold for the construction of homes. This construction breached the cement enclosure and chemical waste was released into the soil and groundwater. From the late 1950s to the 1970s, residents complained of odors, basement seepages, and unknown substances surfacing in their yards. Inexplicable health problems were also noted by residents. After continued complaint and investigation, President Carter declared the area a federal emergency in 1978 and residents were evacuated.

Love Canal is an extreme case but it did bring the problem of hazardous waste sites to the forefront of American consciousness and has made these issues important to homeowners. Your home's proximity to hazardous waste has two major ramifications: your health and the value of your home.

Your Health

Your health can be severely affected if you are exposed to toxic chemicals for extended periods of time. These chronic exposures can lead to cancer, birth defects, and genetic mutations. You can be exposed to toxic chemicals in three ways:

Groundwater

Drinking water wells can become contaminated when groundwater comes into contact with underground chemicals. Chemicals may exist in low concentrations but daily exposure can have severe health effects.

Soil

Soil contamination can be a problem when homes are built on land previously utilized as toxic waste dumps. Children playing in soil can be affected. Vegetables grown in contaminated soil can absorb chemicals.

Air

Toxic chemicals in groundwater and soil can volatilization into the air in your basement, causing unhealthy concentrations of chemicals in the air.

The Value of Your Home

Everyone is concerned about property values. Very few people would buy a house near an airport or highway but we are less diligent when it comes to investigating hazardous waste sites near our homes. In the case of hazardous waste sites, the best form of prevention is to avoid them. Finding the location of current or potential hazardous waste sites is critical before you purchase a home. Sometimes they may be closer than you think. Proximity to such sites should be considered especially if you acquire your drinking water from a well.

In 1976, Congress passed the Resource Conservation and Recovery Act (RCRA) which established a "cradle-to-grave" system for managing hazardous waste. RCRA regulates generators and transporters of hazardous waste and regulates owners and operators of hazardous waste treatment, storage, or disposal facilities (TSDFs). A detailed system of recordkeeping and permitting was established to control hazardous waste. A list of the generators, transporters, and TSDFs of hazardous waste in your area is available from the State Department of Environmental Protection or the U.S. EPA. Inclusion on this list does not mean it is a hazardous waste site but it can tell you if facilities dealing with or generating hazardous waste are in your area.

In 1980, Congress passed the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund. CERCLA focuses on the cleanup of sites where toxic chemical waste has been improperly disposed or abandoned. There are thousands of these sites in the U.S. A National Priority List (NPL) was established by the U.S. EPA where the most dangerous sites were prioritized for initial cleanup. Other hazardous waste sites that are not as high priority as NPL sites are included in the Comprehensive Environmental Response, Compensation, and Liability Information System ( CERCLIS ). This list contains information on hazardous waste site assessment and remediation activities from 1983 to the present. More information on Superfund can be accessed from the U.S. EPA website.

Other types of businesses that may produce hazardous waste include: landfills, transfer stations, auto repair shops, printers, leather products manufacturer, paper manufacturer, construction industry, metal manufacturer, furniture and wood manufacturer and refinisher, cleaning agents and cosmetic manufacturer, dry cleaners, gasoline stations, chemical manufacturers, power plants, nuclear reactors, commercial farms and nurseries, food & meat processors, mining operations, laboratories, hospitals, clinics, veterinarians, dentists & physicians, funeral homes, blood banks, long-term care facilities.

Remember, the disposal of hazardous waste is costly. Many people will illegally dump materials out their back door or into storm sewers if they believe they won't get caught.

Previous use of your property should be investigated when possible. Your Town Clerk or Planning & Zoning Department can tell you who were the previous property owners and may be able to give you an idea of previous property use. Just because your house is brand new does not mean it is safe from potential problems. Large tracts of land are often bought by developers who are unaware of previous land use. Other areas to consult include the local library and aerial photographs of the property.