ML18029A070
| ML18029A070 | |
| Person / Time | |
|---|---|
| Issue date: | 01/17/2018 |
| From: | NRC/OCIO |
| To: | |
| Shared Package | |
| ML18029A053 | List: |
| References | |
| FOIA/PA-2017-0581 | |
| Download: ML18029A070 (5) | |
Text
ATI'ORNEVS AT LAW: F PAUL NORTON (Jl()}.J97S)
BERNARD B FREEDMMI W LAVERNE BALDWIN (I 909 -J 991 l DAVID A HOOVER GERALD L RADIN LEGAL ASSISTANTS l\!'lN H CAHNEY FREDEHIC P NORTON DIANI: C BUR<il.EH fHJI ( *1 )! l:HY < >f"f IC!"
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Norto n/Rad in/ Hoov er/ Freedman KENMOH[ NY 14217-2789 171(,, 1-75 )4()(,
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Septem ber 18, 1996 Mc. Craig Gordon u.s. Nuclea r Regula tions Commission Region 1 475 Allend ale Road King of Prussi a, PA 19406 RE: Niagar a Landf ill Sample s
Dear Mr. Gordon :
Recent ly the City of Tonawanda School Distri ct was inform ed of an enviro nmenta l situat ion th:at may have an advers e impact on the studen ts of our distri ct. As the attorne y for the City of Tonawa nda School Distri ct, it is my duty and obliga tion to protec t the intere sts of the school board.
The School Board has author ized me to reques t that a new radon sample be taken of the Niagar a Landf ill and natura lly occurr ing soils using simila r method s and accept able scient ific practi ces in order to accura tely determ ine the real radon emissi ons coming from the landf i 11 , one which meets the er i ter ia necess ary for an accura te radon emissi on readin g.
Accord ing to Mr. William Watson , a member of the City of Tonawanda Board of Educat ion, the extrac t ion of gases from the Niagar a landfi ll is danger ous and unacce ptable as high levels of radon gas will be emitte d into the air of the City of Tonawa nda.
Mr. Watson , who holds his Maste r's degree in geolog y, states that in order to determ ine if radon emissi ons are accept able one must perform a sample in a closed system (in situ) usuall y for 90 days. The Board has been told that the Departm ent of Enviro nmenta l Conser vation , in its study of radon emissi ons of the Niagar a Landf ill, capped the wells for only one day and found the radon emissi ons to be accept able. It has been indica ted to the Board that the test does not meet accept able scient ific practi ces and theref ore the result s are unreli able. These result s, if true, may be determ ined to have been obtain ed in a neglig ent manner .
Mr. Craig Gordon September 18, 1996 Page #2 It has been indicated to us that in a valid scientific experiment, landfill wells and soil wells must be capped for the same period of time under similar conditions, and radon measured with similar instruments in the same way. The Board of Education insists that a proper sampling be taken of the area to accurately determine the real radon emissions due to the extraction of gases.
The Board has authorized me to take any necessary legal steps to compel an accurate finding of the real radon emissions at the Niagara Landfill. With your cooperation, I believe this problem can be solved without judicial intervention. It is suggested that the DEC immediately direct BFI to turn off the blowers until such time as it is ascertained that there is no adverse effect on the environment from the emission of radon from the landfill.
Please inform this office of the new dates for radon testing of the Niagara Landfill.
Thank you.
Very truly~yours, NORTON/,N/HOoYfR~
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afnara B. Freedman, Esq.
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.S'c-0 TASK# - 6S237 _________ .,
MAIL CTRL. - 1996 TASK STARTED - 09/24/96 TACK DUE - 1Cil6/96 TASK COMPLETED - / /
TASK DESCRIPTION - REQUEST FOR NEW RADON SAMPLES AT NIAGARA LANDFILL
(REQUEST FROM CITY OF TONAWANDA SCHOOL DISTRICT)
REQUESTING OFF. - NY REQUESTER - B.B.FREEDMAN WITS - 0 FYP - N PROG.- OMS PERSON - STAFF LEAD - OMS PROG. AREA -
PROJECT STATUS - OSP DUE DATE: 10/16/96 PLANNED ACC. - N LEVEL CODE - 1
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September 18, 1996
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Mr. Dennis Sollenberger (Tl
-0 Office of State Programs N U.S. Nuclear Regulations commission w 0
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RE: Niagara Landfill Samples -..
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Dear Mr. Sollenberger:
-.I Recently the City of Tonawanda School District was informed of an environmental situation that may have an adverse impact on the students of our 1istrict. As the attorney for the City of Tonawanda School District, it is my duty and obligation to protect the interests of the school board.
The School Board has authorized me to request that a new radon sample be taken of the Niagara Landfill and naturally occurring soils using similar methods and acceptable scientific practices in order to accurately determine the real radon emissions coming from the landfill, one which meets the criteria necessary for an accurate radon emission reading.
According to Mr. William Watson, a member of the City of Tonawanda Board of Education, the extraction of gases from the Niagara landfill is dangerous and unacceptable as high levels of radon gas will be emitted into the air of the City of Tonawanda.
Mr. Watson, who holds his Master's degree in geology, states that in order to determine if radon emissions are acceptable one must perform a sample in a closed system (in situ) usually for 90 days. The Board has been told that the Department of Environmental Conservation, in its study of radon emissions of the Niagara Landfill, capped the wells for only one day and found the radon emissions to be acceptable. It has been indicated to the Board that the test does not meet acceptable scientific practices and therefore the results are unreliable. These results, if true, may be det 1rmined tc have been obtained in a negligent manner.
Mr. Dennis Sollenberger September 18, 1996 Page #2 It has been indicated to us that in a valid scientific experiment, landfill wells and soil wells must be capped for the same period of time under similar conditions, and rajon measured with similar instruments in the same way. The Board of Education insists that a proper sampling be taken of the area to accurately determine the real radon emissions due to the extracti.on of gases.
The Board has authori~ed me to take any necessary legal steps to compel an accurate finding of the real radon emissions at the Niagara Landfill. With your cooperation, I believe this problem can be solved without judicial intervention. It is suggested that the DEC immediately direct BFI to turn off the blowers until such time as it is ascertained that there is no adverse effect on the environment from the emission of radon from the landfill.
Please inform this office of the new dates for radon testing of the Niagara Landfill.
Thank you.
Very truy-y yours, NORT~row HO°J/'.R/ F,,;,.N l ZuP /t* ,fuuJ- .
~rnard B. Freedman, Esq.
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