Niagara Gazette

Local News

July 31, 2013

Greenpac suit seeks $50M in damages over claims of radioactive material found on Royal Ave. site

Niagara Gazette — The owners of a new liner board manufacturing mill off 47th Street have filed a lawsuit in federal court claiming they encountered significant issues with contaminated soil during the facility’s construction.

In a lawsuit filed in United States District Court in Buffalo, Greenpac Mill, LLC has asked the court for $50 million in damages related to the remediation of radioactive material the company claims it found in the soil on the grounds of the newly-opened Royal Avenue mill. The claim names as defendants three entities with previous ties to the property, including Occidental Chemical Corp., Kimberly-Clark Corp. and National Grid and National Grid U.S. Service Co.

The suit alleges that Greenpac contractors found radioactive material in the soil while remediating the site as part of the state’s Brownfield Clean Up Program. In August of 2011, radiation detectors on three trucks transporting the soil to the landfill were triggered, “indicating that excess levels of radioactivity were contained in the soil being transported,” according the complaint on file with the court.

“Over 20,000 tons of radiologically impacted soils were ultimately removed and disposed of at a permitted landfill in Michigan at a cost to Greenpac in excess of $6 million,” according to the documents.

Greenpac opened the new $430 million mill in mid July after two years of construction, during which no concerns over radioactive materials on the site were made public.

Steve Brady, the media relations manager at National Grid, said the company had not been served with the lawsuit, and so was not in a position to comment on the allegations.

Representatives from Greenpac and Occidental Chemical acknowledged that they had received inquiries from the Gazette, but did not respond to requests for comment Tuesday.

Kimberly-Clark did not respond to a request for comment Tuesday.

The suit goes on to allege that National Grid and Kimberly-Clark or their predecessors contributed to the contamination, either polluting the site themselves or allowing other companies, including Occidental Chemical, to dump radioactive materials on the site.

Text Only | Photo Reprints
Local News
Featured Ads
Seasonal Content
House Ads
AP Video
Kerry: Humanitarian Cease-fire Efforts Continue Raw: Corruption Trial Begins for Former Va Gov. The Carbon Trap: US Exports Global Warming UN Security Council Calls for Gaza Cease-fire Traditional African Dishes Teach Healthy Eating 13 Struck by Lightning on Calif. Beach Baseball Hall of Famers Inducted Israel, Hamas Trade Fire Despite Truce in Gaza Italy's Nibali Set to Win First Tour De France Raw: Shipwrecked Concordia Completes Last Voyage Raw: Sea Turtle Hatchlings Emerge From Nest Raw: Massive Dust Storm Covers Phoenix 12-hour Cease-fire in Gaza Fighting Begins Raw: Bolivian Dancers Attempt to Break Record Raw: Israel, Palestine Supporters Rally in US Raw: Air Algerie Flight 5017 Wreckage Virginia Governor Tours Tornado Aftermath Judge Faces Heat Over Offer to Help Migrant Kids Kangaroo Goes Missing in Oklahoma More M17 Bodies Return, Sanctions on Russia Grow
Opinion
House Ads
Night & Day
Twitter News
Follow us on twitter
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Front page
Poll

Do you think cigarette sales to non-Native American customers should be taxed on reservations?

Yes. Items should be taxed like they are everywhere else.
No, the indian reservations are sovereign land and they are selling them on their land.
Not up to me. Native Americans decide the rules on their land.
Don't care. Smoking isn't good for you.
     View Results