Governor Greenwashes Tonawanda Coke Clean Up; Ignores Resident’s Demands for Enforcement and Accountability
Friday afternoon, the New York State Department of Environmental Conservation (NYSDEC) announced the approval of the Riverview Innovation & Technology Campus’s tax credit application for the Tonawanda Coke site. The announcement came after nearly a year of hundreds of calls, letters and petitions from the community to reject this public giveaway to manage the site’s legacy waste. Tonawanda Coke was found guilty in March 2013 of breaking 14 federal laws under the Clean Air Act and the Resource Conservation and Recovery Act. Mark Kamholz was found guilty on the same counts and an additional count of obstruction of justice.
Since the EPA’s enforcement action, there was a reported 92% reduction in benzene from the continuous air monitor at Grand Island Blvd. and a 68% reduction at the air monitor on Brookside Terrace. The company was fined $12.5 million in fines, 5 years of probation, and to pay nearly $12 million for future health and environmental studies. Mark Kamholz was sentenced to 1 year and 1 day in prison for plus a $20,000 fine and a supervised release after serving the term.
In the fall of 2018, the Tonawanda Coke company was found guilty of violating their criminal probation related to a 2014 environmental criminal sentence. Shortly after this verdict, the company’s leadership filed for Chapter 11 bankruptcy. The company ceased operations at the facility on October 14, 2018 and permanently vacated the site. The Environmental Protection Agency is currently on site managing immediate risks to human health and the environment.
“The laws are here to project the people, not to reward the corporate giants and the polluters.” Maria Tisby, Clean Air Member.
Annual Member Meeting, March 5th!
What a year it has been at Clean Air! We’ve built power, organized, and won justice throughout Western New York. In the past year, our member’s work resulted in the start of the remediation of contamination in the Delavan Grider community; supported Tesla workers to organize for job security; and held Tonawanda Coke and Battaglia Demolition accountable for their disregard for public health and the environment. Now, it’s time to celebrate another year of exciting victories and developments. Without the investment and work by members — and the belief in the power and possibility of organizing our communities — none of our work in 2019 could have been possible.
We invite you to join us at our Annual Meeting to celebrate these successes and prepare for another year of smart, grassroots organizing. Our membership from across the region will come together to learn from each other, and share their successes and challenges. We will discuss our vision for 2020; to organize to create jobs through projects that strengthen our climate resilience; reclaim and rehabilitate toxic land; and continue to grow a base of power that places communities at the forefront of decision making. We will also vote to elect our new slate of board members who will guide our organization in the coming year.
Our meeting is open to anyone who wishes to attend, however, only Clean Air members are able to vote on this year’s board of directors (See the slate below). If you are a member and have not received your ballot in the mail, please contact Rebecca at Rebecca@cacwny.org. If you wish to become a member today, you can do so online here.
Clean Air 2020 Slate of Board Candidates
The Board of Directors helps to support the mission of the Clean Air: Organizing for Health and Justice (Clean Air) and the work of its staff and members to make our communities healthier through grassroots organizing. Our board is comprised of individuals from all walks of life who share a commitment to making life better for communities across the region. All board members serve 3 year terms.
Board members fulfill the following responsibilities:
- Determine how the organization will carry out its mission through long and short-term planning and evaluation
- Adopt an annual budget and provides fiscal oversight
- Hire and evaluates the performance of the Executive Director
- Recruit members and fundraise
- Decide what campaigns, research projects, and fiscal sponsorships Clean Air engages in
- Recruit, orient, and develop new board members
2020 Board Slate
New Board Candidate(the following board candidate is up for their first three year term)
Drew Canfield is a master of urban planning student at the University at Buffalo pursuing an advanced certificate in climate sustainability. She is a two year AmeriCorps VISTA alumna with experience in fundraising, direct action planning, and community engagement. Drew is also a Member of the Board of Directors and a regular volunteer at The Tool Library. Drew currently works as a graduate research assistant I’m the UB Community Resilience Lab and as an intern with the Great Buffalo-Niagara Regional Transportation Council.
Returning Board Candidate (the following board candidate is up for a second three year term)
Sydney Brown is a humble servant of The Most High God of Abraham, Isaac and Jacob. She is community driven concentrating her efforts on addressing the economic, social and environmental injustices facing the Western New York area with a special emphasis on the East Side of Buffalo. A board member of the Black Chamber of Commerce of Western New York, Sydney is a team player dedicated to improving the economic welfare of her community with a focus on Black enterprises. She is a devoted board member of the Restore Our Community Coalition (ROCC) advocating for the restoration of the Humboldt Parkway. Sydney is also a loyal member of Clean Air: Organizing for Health and Justice and is a member of the American Axle Steering Committee, the campaign leadership team dedicated to remediate the contamination in Buffalo’s Delavan Grider neighborhood.
Trivia Night! Saturday February 29th!
Join us at Clean Air’s Trivia Night on Saturday, February 29th!
Former TCC Site Brownfield Application is “Incomplete, Premature, and Not in the Best Interest of the Public”
Clean Air Coalition Calls on NYS DEC To Reject Tonawanda Coke Brownfield Application, Citing The Application is “Incomplete, Premature, and Not in the Best Interest of the Public”
Clean Air submitted comments to the NYS DEC for the former Tonawanda Coke Facility by Riverview Innovation and Technology Campus, including two official organizational comments and comments written by Clean Air members.
In New York State, there are two major pathways for remediation. The Superfund Program is a robust enforceable remediation program, the New York State Brownfields program is a tax credit program for developers. If the DEC approves the application, taxpayers will reimburse developers for remediation costs, Honeywell avoids further enforcement action and cost recovery, there is no mandate for workers to make prevailing wage.
“If approved as is, the NYSDEC will warp the purpose of the Brownfield Cleanup Program (BCP), originally intended as a pathway to return blighted properties to the tax rolls. This application sets a dangerous precedent, reducing the program to a loophole for legally recognized primary polluters to avoid their financial and environmental responsibility. Clean Air members, and the residents of Western New York deserve a full and comprehensive remediation, which is not what current application seeks.”
Operating the company until the late 70s under their predecessor Allied Chemical, Honeywell is responsible for a large portion of legacy waste at the Tonawanda Coke site. To cuts costs, Honeywell hired lobby firm e3communications last year, and lobbied New York State to agree to a Brownfield designation.
Jon Williams, owner of the former American Axle site in the City of Buffalo, purchased the property through bankruptcy late last year for $1.00. William’s has been highly criticized for his lack of urgency in remediating the polluted site in the Delavan Grider community, and as the Western New York’s top donor for Donald Trump’s 2020 campaign.
Clean Air members, concerned with the application’s inadequacy and illegitimacy, requested the DEC hold a public hearing in early December. After weeks of no response, with the comment period closing, members decided to host a meeting for fellow community members to share their concerns about the future of the site and who should pay for remediation. The meeting was held this past Wednesday, was attended by over 50 residents and members of organized labor.
“New York State is about to make a decision that will impact the lives of Western New Yorkers for generations. We are disrupting this process because we don’t want a tragic national story. We want this story to be one of our community’s resilient transition. A transition where we achieve a full comprehensive remediation of this site. A transition where the polluter pays for the harm they have done to us. A transition where remediation workers receive prevailing wages to sustain their families. Jon William’s plan does not lay out that vision. If this application is approved as is, this project will cause our community great harm,” said Rebecca Newberry, Executive Director of the Clean Air Coalition.
“When profits are the driving force, we get clean up projects that will be bid based on how little cleaning we do and how little we pay the workers. This leads to unsafe conditions for the workers and for the community. When prevailing wage and public open bidding are attached, both required by the Supefund program, we get workers that are trained and compensated well and workers that care about the work that they do for their community and neighbors. What better way to heal the damage caused by Tonawanda Coke than to let our local building trades workers clean up this mess for their families and neighbors. Let us do the right thing. Let us clean up their mess because it’s the right thing to do, not because someone else can make a profit off it, that is truly adding insult to injury.” said Gary Swain, Business Manager of I.U.O.E. Local 17.
Clean Air’s comment goes on to state “Given the long history of criminal environmental violations that have occurred on this property, the fact that the property is located in an environmental justice community, is subject to current ongoing removal action by the Environmental Protection Agency (EPA), and there exists a viable Principle Responsible Party (PRP), we request that only after this property has been determined to be found not to be a significant threat to human health or the environment should it be considered for a tax incentive program: such as the Brownfield Cleanup Program (BCP).”
January 18th marks the final day of the New York State Department of Environmental Conservation’s (DEC) 30-day comment period on the application. The public can still comment by phone: Call Benjamin McPherson at 716-851-7220 or by email to Benjamin.mcpherson@dec.ny.gov with a carbon copy to derweb@dec.ny.gov with the Subject line: Public comment on Riverview Innovation and Technology Campus, Site ID# C915353. All comments must be received by January 18th 2020.
Tonawanda Coke was found guilty in March 2013 of breaking 14 federal laws under the Clean Air Act and the Resource Conservation and Recovery Act. Mark Kamholz was found guilty on the same counts and an additional count of obstruction of justice.
Since the EPA’s enforcement action, there was a reported 92% reduction in benzene from the continuous air monitor at Grand Island Blvd. and a 68% reduction at the air monitor on Brookside Terrace. The company was fined $12.5 million in fines, 5 years of probation, and to pay nearly $12 million for future health and environmental studies. Mark Kamholz was sentenced to 1 year and 1 day in prison for plus a $20,000 fine and a supervised release after serving the term.
In the fall of 2018, the Tonawanda Coke company was found guilty of violating their criminal probation related to a 2014 environmental criminal sentence. Shortly after this verdict, the company’s leadership filed for Chapter 11 bankruptcy. The company ceased operations at the facility on October 14, 2018 and permanently vacated the site. The Environmental Protection Agency is currently on site managing immediate risks to human health and the environment
“Public Hearing” on Future of Tonawanda Coke
The New York State Department of Environmental Conservation (DEC) is reviewing a brownfield application for the former Tonawanda Coke Site, submitted by Jon Williams, developer. There is a 30 day public comment period on this application that ends January 18th.
If the DEC approves the application, taxpayers reimburse developers for remediation costs, Honeywell avoids further enforcement action and cost recovery, there is no mandate for workers to make prevailing wage, and Williams is rewarded with tax credits to cover costs.We believe the polluters, Honeywell & Tonawanda Coke, should pay for their mess through the Federal Superfund Program. Read more about Honeywell’s history and responsibility here.
DEC has refused to answer our request to hold a public hearing. So we are holding our own. Join Us.
Wednesday, January 15th 6pm-8pm
USW Local 135
810 Sheridan Drive Tonawanda 14150.
How do I comment on the application if I can’t make the “hearing”?
All comments must reference SITE ID # C915353 and Site Name: Riverview Innovation and Technology Campus and be received by January 18th.
By phone: Call Benjamin McPherson at 716-851-7220.
By Email: Send Email to Benjamin.mcpherson@dec.ny.gov with a carbon copy to derweb@dec.ny.gov with the Subject line: Public comment on Riverview Innovation and Technology Campus, Site ID# C915353.
Plutocratic Scheming Preserves Inequality
By Gary Schulenberg, Member
Let’s look at the “plutes” of this country (plutocracy – power/rule by the wealthy). Examples of their influence abound. Whether it be tax cuts or dodges for the “0.1%,” the college admission scandal (Felicity Huffman), the buying of justice (Jeffrey Epstein, let us count the ways these exclusive and elusive groups legally or not, increase their power.
Sometimes it’s the flick of a pen that changes the financial landscape. For example, stock buybacks were illegal before 1982, being seen as stock manipulation. Now they’re the rage, making money for CEOs and enhancing their obscene compensations and golden parachutes.
Both the old money and the nouveau riche employ some slick and cunning tactics to enhance their positions. All done with a smile or expressions of righteous indignation when called for.
Public relations looms large in their plutocratic scheming. Tout the stock market climbs and low unemployment but ignore staggering student debt, health-induced bankruptcies, rising child poverty and homelessness. Sing the praises of technology’s supposed propensity to foster free speech but suppress the intrusiveness of data collection and tech’s monopolistic maneuvering. Ad nauseam lying, propaganda and rhetorical fallacies are all benchmarks for the plutes.
The perverse use of philanthropy is another shrewd calculation. Millions of dollars do flow into worthwhile entities but let’s check the motivation behind them. Is the donation a mea culpa for past injustices, ignoring that the exploitation of workers or the public was the source of the funds?
While we can point to many examples of the above on larger stages, we may have a local practitioners of these savvy approaches. Read the following and decide for yourself.
Let’s examine the case of Jon Williams, who is a demolition and environmental contractor and real estate developer. He, along with his wife Heather, also sponsors and heads the OSC Charitable Foundation and sits on the boards of other foundations.
The public relations image that Williams portrays is that of a “green” businessman.
He created a company, Viridi Parente, that makes battery packs to power construction equipment to build “green machines”. His company, Ontario Speciality Contracting (OSC) works for the petroleum and chemical industries. OSC is involved in the demolition and remediation of polluted sites, thus cleaning up the environment.
These supposed “green” activities may be part and parcel of shrewd maneuvers to execute a corporate phenomenon called “greenwashing”. This involves a series of deceptive practices that convey a false impression and utilizes misleading information that a company/corporation is “green”. The business in question is in fact, environmentally unfriendly.
Williams’ “green” characterization is tainted by a number of facts. OSC is involved in the fracking industry that has its own ecological baggage. While Williams purchased the PCB laden GM/American Axle Plant on East Delevan over a decade ago, he only recently moved forward with the New York State Brownfield Cleanup Program process (BCP) for the site. He was quoted as saying “I’m not going to take responsibility for what GM did forever.” “Green?” This was done as he sought to purchase Tonawanda Coke.
What is the cost of “green’”? The financial foundation for his company Viridi Parente was based on millions of dollars in government subsidies and investments. OSC’s remediation of the Buffalo Color site was partially funded by $6.6 million worth of brownfield cleanup (BCP) tax credits, with some help from Honeywell, which poisoned the land. Keep in mind the tax credits from the BCP are NYS tax money that is not collected. This is especially pertinent when we confront the need for state revenues with projected multi-billion deficits. Is all this “green” hue part of a PR campaign and/or an element of the “shiny thing syndrome?
On to philanthropy and various types of contributions. Williams established OSC Charitable Foundation which has assisted dozens of worthy causes. He is also a member of a number of boards for other charities. These seemingly good works are laudable but how much does PR play a part in the motivation? Are these charities part of legacy shaping? Are the donations meant to distract us so it can be “business as usual”? How much of these contributions are from revenues raised due to the availability of government monies and questionable business ventures? Williams is an equal opportunity political donor. Are donations a “grease the wheels” tactic? Is it “green” to be the number one contributor from WNY to our chief climate change denier, the President?
Let’s not ignore the huge array of tax write-offs that can be employed. Philanthropy has become a financial tool for the wealthy. A vast array of laws lessen income, estate, and capital gains taxes for the elites. One only needs to look at the inequality in tax rates on capital gains (pro-wealthy) and regular income (most of us). The general public can’t avail themselves to such financial devices as Donor-Advised Funds or use carried interest tax loopholes, but those of means might.
All of this does not mean that the making of money is inherently evil. But if the wealth is accumulated through the exploitation of others, there is active participation in a corrupt system, and there exists suspect motives in philanthropic practices, then ethical and moral questions abound.
All of these things are of paramount importance as we confront the issues connected to the cleanup costs and remediation of the infamous Tonawanda Coke site, which Williams recently purchased. Is it going to be business as usual or are we going to stand against the corporate welfare of the past?
We call upon our state government to demand that Tonawanda Coke be designated a federal Superfund site. In doing so, Honeywell, the liable party is held accountable. WNY residents have had to bear the burden of corporate irresponsibility and New York taxpayers need to end these bailouts. Environmental justice needs to be the paradigm for the remediation and protection of our neighborhoods and communities.
A portion of this blog post is re-posted from the Buffalo News Letter to the Editor