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untanglingwebs
El Supremo
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I remember going to the Flint Council meetings in he late 1990's and beyond when there were discussions about severely contaminated sites. When the Genesee Power Plant, north of Carpenter Rd. and close to Carpenter Rd School, was being considered, the Sugar Law Guild partnered with the NAACP to oppose the construction. The state didn't care then about environmental racism and they obviously don't now.
The Sugar law Firm and now deceased Professor Janice O'Neal conducted a Toxic Tour of several heavily polluted sites. I remember kids were playing basketball by Flint Park Lake on soil contaminated by an old funeral home. Coal dust from the railroad off Carpenter Road covered cars and homes. Residents were unable to even raise their windows. There was about 8 to 10 sites total. I remember the worst sinus pain I ever experienced started after visiting the power plant where huge mounds of sawdust were exposed and allowed to blow with the wind.
Then 7th Ward Councilman Jack Minore fought to contain contaminated soil in the Lippincott-Pingree area fro an old lumber yard with treated wood. The fence that kept people out has long since disappeared. There are gardens where residents were once told not to garden.
I remember around 1999-2000 when residents around Thread lake were told not to eat the fish because of heavy metals along the lake bed. No fishing and no swimming signs were along the lake. The state once planned to eliminate the dam that created the lake. |
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Sat Sep 27, 2014 5:23 am |
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untanglingwebs
El Supremo
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Suddenly there are no more warnings and people are fishing in Thread Lake.
I remember former 5th Ward Councilman Matt Taylor working to ensure the safety of University Park residents from contaminated soil in the construction phase.
When residents told me there were two undeveloped lots near the back of University Park that were reportedly contaminated, I filed a Freedom of Information Act request. The city said no contamination. However, these two lots are directly across from the Burnash concrete crusher. The city did not see fit to take steps to remove the crusher from the area before building. Burton and other communities have successfully worked to eliminate or diminish the effects of concrete crushers in their communities. |
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Sat Sep 27, 2014 5:34 am |
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untanglingwebs
El Supremo
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I have been doing a review of old files. In that task, I found a communication from environmentalist Bob Stewart dated February 27, 2000that had been sent to Reporter Sarah Sell of WNEM TV 5. The letter contained a discussion of a Breach of Disclosure regarding test results and analysis of the University Park site and area.
From that letter:
Follows an excerpt from "Realtor" Magazine, June 1999, p45-6. Chalfsky, Barry.
"Commercial sites are more likely than residential to have environmental problems, especially the complicated, expensive-to-correct kind. ut commercial site are also likely to involve environmental experts from the onset. So if you also sell residential property or land, you may find the buyers and sellers leaning on you for guidance more than commercial buyers and sellers would.
Disclosing potential environmental problems is an important part of limiting liability for yourself and your clients A few states have property conditions disclosure requirements for nonresidential properties, and about 30 states have disclosure requirements for homesellers.
The disclosure statutes vary, but they generally require sellers, through their salesperson, to give information about the condition of the property before a sale. In most states, sellers are obligated to reveal only what they know, and some states even allow the sellers to "disclaim? any knowledge (that is not known).
Regardless of any state law, you should disclose any adverse environmental condition you have reason to suspect...." |
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Sat Sep 27, 2014 6:05 am |
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untanglingwebs
El Supremo
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"Michigan's Disclosure law took effect, I believe, January 1 of 1996. The Greater Flint Board of Realtors, Fenton Road Burton will make available a blank copy of one adopted and used by all Realtors throughout the state. They can review with you the nature of the Michigan Disclosure Statute.
Attached table summarizes a Phase 1 (Pz1) Environmental Site Assessment prepared by McDowell & Associates, Ferndale, MI (810) 399-2066 submitted to Community Capital Development may 10, 1996. Bob Turk, City of Flint Community Development is noted as having received a copy.
Embodied within the text I note the following encroachments of this site during site walk through April 24, 1996.
I. "The southern end of the property, which currently lies south of the Wood Street is currently used as a parking lot for semi-trailers by a trucking firm"
COMMENT Similar semi trailers laden with toxic wastes are now found on the toxic waste holding area located on the corner of Dort and Maple Roads. |
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Sat Sep 27, 2014 6:24 am |
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untanglingwebs
El Supremo
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II. "The surface (of the 80 acre) site is covered with varying amounts soil fill (con-fill( with broken concrete (Class III fill) and other construction debris (RICIA; lead based paint)"
III. "The former side streets which pass through the property in an east-west direction have been blocked off, apparently in an attempt to reduce the amount of dumping on the site. Some degree pf dumping was visible in almost every open area on the site"
COMMENT The Flint Journal reported just after this time that the Mayor's Office had dispatched the Flint Police Department to patrol this area to curtail "dumping".
IV. "Office Trailers from a remediation firm and a large portable incinerator were present onsite. Large soil mounds and an open excavation were also visible."
COMMENT Obviously a clean up. I would expect the CLOSURE DOCUMENT approved by the DNR is made available s part f disclosure to "Buyer" at the time of "Offer to Purhase". |
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Sat Sep 27, 2014 6:43 am |
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untanglingwebs
El Supremo
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V. "No underground storage tanks (UST's) are currently registered with the State Fire Marshall. "However, one (1) leaking underground storage tank (LUST) has been identified near the northwest corner of the property." (nine other UST' were discovered) "Some of these tanks may still be in the ground." "Even if the tanks were removed prior to the current underground storage regulations which means that no environmental information regarding possible leakage from the tanks is available."
COMMENT Which really means that extensive laboratory work would have to have taken place since May 10, 1996 to determine the extent of contamination. The absence of said work would represent malfeasance and is criminal under th law. Said property could not be used for residential purposes given the information found in this report without extensive reporting.
VI " it should be noted that this site contains a variety of debris and that demolition and debris from the original buildings was propably placed in the basements of the structure on the site and there may be asbestos containing debris on the subject property."
COMMENT Ditto. Under FIA, analytical reports for asbestos, VOC's, lead, BTEX, etc. most certainly would have been run prior to a decision to make the property residential an would be available for review (?). |
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Sat Sep 27, 2014 7:08 am |
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untanglingwebs
El Supremo
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Skipping through much dialog my attention focuses to:
VII "The City of Flint at 1818 North Saginaw is located on the subject property at the southeast corner of the intersection of Paterson and Saginaw/ This is a leaking underground storage site.
COMMENT Implementing the city directly with prior knowledge (not imputed, but direct involvement,).
The balance of the narrative found in the PzI is left to the reader of this correspondence to verify accordingly. Nothing contained herein by Author is meant to imply anything more or less than what is contained in the Subject PzI Site Assessment. |
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Sat Sep 27, 2014 7:21 am |
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