July 27, 2000

Honorable John Cahill
Commissioner
New York Department of Environmental Conservation
50 Wolf Road
Albany, NY 12233

Greetings:

I write to request that your agency add the former Ithaca Gun facility and an adjoining area to the Inactive Hazardous Waste Disposal Site Registry due to the improper disposal of large quantities of lead shot and other toxic chemicals. This designation should include, but not be limited to a heavily lead-contaminated area along Fall Creek gorge that was formerly owned by Cornell University and is currently owned by the City of Ithaca according to the enclosed article.

Responsible Parties and DEC Have Failed to Clean up High-Level Contamination

I make this request because studies and correspondence received through the Freedom of Information law document that the City of Ithaca, Cornell University and your agency have identified lead concentrations at the site up to 215,000 parts per million as well as polychlorinated biphenyls (PCBs), polynuclear aromatic hydrocarbons (PAHs) and other toxic chemicals at concentrations up to 29,000 parts per billion. Despite your agency's estimate that the site is contaminated with approximately ten tons of highly toxic lead, no agreement has been reached with potential responsible parties to clean up that contamination. As a result, lead shot and shell casings literally cover portions of the site. See attached photos.

No Public Warnings Issued

Even though studies first identified extensive pollution at the site nearly five years ago, visitors to this popular recreation area have never been warned that they could be exposed to contaminants while hiking, swimming, wading or sitting on contaminated ground. Exposure risks could be greatest for children who frequent the site on a daily basis at this time of year.

Threat to Drinking Water and Cayuga Lake Identified

In addition, the contaminated site drains into a stream that feeds into Fall Creek, a major tributary to Cayuga Lake. The lake's southern-most 5,000 acres are included in the 303(d) listing of impaired waters. The first mile of the lake is classified an "A" waterbody and the remaining 5,000 southern acres are classified "AA(T)." Tens of thousands of Tompkins County residents drink water drawn from Cayuga Lake. Cayuga Lake also supports a large freshwater fishery that could be threatened due to the bioconcentration of toxics migrating from the site.

Regulatory Actions Requested

Given these concerns, I believe that there is ample reason to conclude that the site presents a grave threat to the environment and the public health due to the improper disposal of lead and other toxics. I, therefore, request that your agency classify the site as a Category One Inactive Hazardous Waste Disposal Site: "Causing or presenting an imminent danger of causing irreversible or irreparable damage to the public health or environment--immediate action required."

Finally, due to the glaring lack of public disclosure about the site's problems combined with a long-standing lack of responsible party willingness to clean up the identified hazards, your agency should:

• hold a public meeting in Ithaca to inform citizens about the site's toxic risks;

• restrict public entry to the site's hazardous areas;

• set a 60-day deadline for allowing responsible parties to agree to investigate and clean all areas impacted by the site's pollution;

• clean up all areas impacted by the site using public funds dedicated for that purpose if no responsible party agreement is reached within 60 days and refer the case to the State Attorney General for legal action to recoup those funds from responsible parties.

Conclusion

In conclusion, please note that this letter echoes numerous unanswered appeals submitted to your agency to control the non-point pollution sources that impair Cayuga Lake. Such a plan was proposed by the U. S. Environmental Protection Agency nearly a year ago and reportedly was rejected by your agency for reasons that have never been explained in a public forum. I would like to reiterate my request that your agency subject the EPA plan to public review and comment in order to reach agreement on a plan to solve Cayuga Lake's water quality impairments without further delay.

I trust that my requests for action are self-explanatory, but please do not hesitate to contact me if you have any questions that I might be able to answer.

Thank you for giving your prompt attention to the matters specified in this letter. I look forward to your timely reply.

cc:
Hon. A. Cohen/Mayor, City of Ithaca
Hon. Jeanne Fox, EPA Region II Administrator
Hon. M. Luster/125th Assembly District
Hon. R. Brodsky/Chair Assembly Environmental Conservation Committee
Hon. J. Seward/50th Senatorial District
Hon. M. Hinchey/26th Congressional District
Hon. B. Mink/Chair, Tompkins County Board of Representatives
Hon. Eliot Spitzer, Esq./New York Attorney General
Peter Lehner, Esq./Chief, Environmental Protection Bureau, Office of Attorney General
J. Anderson, PE/Tompkins County Department of Health
K. Lynch, Esq./Regional Seven DEC
S. Eidt, PE/Regional Seven DEC