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While the demolition of the asbestos-laden former Acheson Graphite plant prior to the issuance of city permits was undoubtedly a violation of local law, residents living in the area want to know if state and federal environmental laws were broken as well.
McKenna Avenue resident Kenneth Dukoff charged the demolition was going on for weeks prior to Oct. 6, when Ontario Specialty Contracting first applied for the permits, and was all but completed by Oct. 13, when the permits were paid for and finally became valid. Just last week, signs were posted at the site warning of asbestos danger, he said. Respirators and protective clothing are required for those venturing past the chain-link fence on Buffalo Avenue because of the "cancer and lung disease" threat caused by airborne asbestos.
"For at least a month, there have been explosions in the middle of the night, and we'd come out in the morning to find our cars covered with a black dust," Dukoff said. "I was like, 'What are we breathing here?'"
The explosions were confirmed by numerous other residents in the area. Two McKenna Avenue residents, Mark Kielbasa and Patricia Kokoszka, said they witnessed a cloud of dust blowing across Buffalo Avenue following one of the blasts.
Dukoff said he took his concerns to the city Inspections Department.
"I was given a complete run-around, so I called the Mayor," he said. "She refused to even speak with me." At that point, Dukoff contacted the state Environmental Protection Agency in New York City. Not only is the former Acheson plant listed on the agency's registry of hazardous asbestos contaminated sites, he said, but agency officials he spoke with were unaware of the demolition.
"I was told that the only way of knowing there is demolition going on is when the local municipality informs them that a permit has been issued," he said. "This whole thing happened without any environmental oversight." Mayor Irene Elia and City Administrator Al Joseph said they allowed the work to continue illegally without a permit because it would be "idiotic" not to do so.
Many small businessmen and homeowners who have had run-ins with city inspectors were incensed by the statements.
"I got a stop-work order one time for trying to replace a broken window," one Sixth Street resident complained. "I guess it's all just who you know."
Dukoff said the permits weren't even applied for until he threatened to take the story to the media, and vowed he is not going to let the matter rest.
"I'm going to get to the bottom of this," he said. "We've been lied to by the city on this."
The demolition is the first step in what city officials and local developer Harry Williams hope will be the construction of two small specialty steel plants in the city. The proposed steel mills were announced with great fanfare two years ago by then-mayor James C. Galie, but little has happened since because of financing difficulties. Currently, developers are seeking $85 million in federal aid to fund the project.