Eastwick Press

New York Governor Andrew Cuomo has announced his resignation effective 14 days from now. This follows the reports from the NYS Attorney General on a sexual abuse investigation and a proceeding impeachment probe in the NYS Assembly.

Lt. Governor Kathy Hochul will assume the office upon Governor Cuomo’s departure. She will become the first female Governor in New York state history.

A Statement From Nassau Supervisor David Fleming

The localized flooding of July 14, 2021 and subsequent high water events made it clear that damage was done to areas around the Dewey Loeffel Federal Superfund Site that have not yet been remediated as well as to areas under remediation. These areas contained PCB contamination.

At this time, the area most significantly impacted appears to be Little Thunder Brook. This is a tributary that flows from Loeffel Superfund Site into the Valatie Kill and is a part of the Hudson River Estuary. The brook contains high levels of PCBs.

The United States Environmental Protection Agency (EPA) was quickly informed of this damage and began an assessment even as flood waters continued.  At Nassau’s request, the EPA agreed to conduct testing of downstream properties and areas impacted by the flooding.  Because PCBs cling to fine grain sediments, the immediate concern was downstream properties that had high water sediment buildup resulting from the floodwaters.

The flooding damage to remediation operations in Little Thunder Brook involved tremendous contaminated sediment displacement for the entire length of the tributary.

Please note that EPA’s assessment of the impacts of these storms continue.  I extend my thanks at this time to EPA for their coordination with NYS Department of Environmental Conservation (DEC) and Department of Health in this response effort.  DEC also quickly provided boots on the ground in response to this storm event.

EPA sampled both the surface water and the floodplain sediment following the storm.  Nassau had and continues to request residents with impacts of flood sediments to contact EPA for possible testing.

The initial tests by EPA involved ten sediment samples along the Valatie Kill. According to EPA, in nine of the ten properties, the results indicate that PCBs were either not detected or were present at low concentrations below the regulatory level established by New York State for soil on residential properties.  At one property located in close proximity to the Loeffel site, the result indicates that PCBs were detected above the regulatory level established by New York State for soil on residential properties. EPA has already reached out to the owner of this property to discuss the results and arrange for follow-up sampling.

EPA is preparing additional outreach to residents with their testing results.  We expect that EPA will be preforming additional tests this week and expect that they will be performing additional outreach to residents that experienced flooding from the Valatie Kill to assess conditions on those properties.

It should also be noted that Little Thunder Brook and the Valatie Kill had surface water tests to assess post-flood conditions.  According to EPA, those results are similar to previous sampling results.  However, again, EPA indicates that additional water sampling will be performed as part of the ongoing assessment of post-flood conditions.

The environmental impacts of this recent flooding will not be understood for some time.  Nassau will continue to pursue additional testing and will not relent in communicating the need for complete remediation of this toxic scar on the Capital Region.

by Doug La Rocque

An agreement between the plaintiffs in the federal class-action suit and three of the four companies blamed for the PFOA contamination of the Hoosick Falls area water sources, was announced on Wednesday, July 21. The agreement will result in payment of $65.25 million.

Rochester based attorney Stephen Schwarz, who was one of the lead attorney’s in the negotiations, tells The Eastwick Press, “this is a very happy outcome.” He outlined the three sections of the accord as a compensatory package to pay for medical screening of both current and former residents for potential health problems related to their exposure to PFOA and any other chemicals that are part of the overall PFAS family. The settlement will also compensate residential home owners for losses in property values. According to Mr. Schwarz, $7.7 million is earmarked for what he labeled as “Nuisance Damages.” This money would be available for residents whose drinking water comes from a private well that was contaminated, forcing them to use bottled water until filtration systems were installed. Residents on the Village water systems are excluded from this provision by state law according to a prior ruling by the court.

A fund of $21 million is set aside for those whose property (approximately 1,300 within the Village and 500 in the Town of Hoosick) has been devalued by the PFOA stigma. Schwarz says the estimate is that each homeowner will receive approximately 9-10% of the fair market value of the home according to the 2015 Hoosick Town tax roll.

To many, medical monitoring has been of a primary concern. The proposal sets aside $23 million to develop a 10 year program that screens for a multitude of health issues associated with PFOA exposure, including but not limited to kidney and testicular cancers, thyroid disease, ulcerative colitis, pregnancy related hypertension and elevated leaves of cholesterol and uric acid. To qualify, a person must have been drinking from a polluted water source in the Town for at least six months between 1996 and 2016 and have a measured PFOA level in their blood of 1.86 parts per billion or higher. Schwarz said 1.86 is considered background level and there are approximately 2,000 residents whose blood levels were measured above that level, many by an order of magnitude or higher.

This program will be administered by medical professionals, and provided referrals for any medical conditions that might be detected. This program does not pay for future treatments, that could be part of a separate litigation as class members will have a right to sue in the future if they develop one of these conditions.

Notification To Residents

According to Attorney Schwarz, notice to those who may become part of this settlement will be done by direct mail, social media, publication and a dedicated website. If one does not want to be part of the class action proceedings they must opt out. Or, there is the right to object to the settlement, should someone not agree with the terms put forth.

Reaction

Village resident Mike Hickey is credited with discovering the PFOA contamination, a task he undertook following his father’s death from kidney cancer. John Hickey lived near and worked at the Saint Gobain plant on McCaffery Street in Hoosick Falls for better than 30 years. Mike tells The Eastwick Press “I am very happy this issue is coming to an acceptable close for all parties involved. It has been a long journey for everyone.

I think the polluters have put forth an agreement that will ensure that our health is safely monitored from PFOA related issues and that is more important than any monetary figure. 

I am also pleased the property owners that were impacted will be compensated for the loss of value as well. It is a big step in making our community whole again.

Hoosick Falls Mayor Rob Allen sent out a press release that said “the announced settlement in the federal class-action lawsuit between residents of Hoosick Falls and Saint-Gobain, Honeywell, and 3M is a landmark moment in the entire Hoosick Falls PFOA story. By providing compensation for victims of PFOA contamination and property owners, and by setting up a decade-long medical monitoring program, this settlement is a major step forward in righting a decades-long wrong that was inflicted upon this great community.

While this class-action lawsuit is separate from the pursuit of a new water source by the Village of Hoosick Falls and our ongoing discussions with the companies, it is a welcome development. It appears to represent a change in the approach that has been taken up this point by the companies. This is an outcome that is consistent with recognized science, common sense, and fundamental principles of justice and fairness. We hope that the companies will now work with the Village and NYS Department of Environmental Conservation in a productive manner to finally resolve all of the issues pertaining to the Village’s water supply system.”

The Mayor added “I am personally grateful to all involved: the residents who opened up their lives to legal scrutiny and the attorneys who fought on behalf of the victims. We as a Village Government stand ready to assist in getting information out to residents when the time comes.”

This preliminary agreement will be the subject of information sessions and hearings before a federal judge could make it final with his/her signature.

Dupont has so far refused to agree to the settlement, and a class-action suit against that company is still proceeding toward a trail.