Letter to Mr. Durkin - After Years Of Shirking Responsibility For Public Health, The Least Tonawanda Coke Can Do Is Keep The Legally-Required Commitment To Assess Impacts of Its Pollution; For Breaking the Law And Harming The Health And Well-Being Of WNY'ers, This Payment Must Be Made At Once

Letter

Dear Mr. Durkin:

I write to express my serious concern that Tonawanda Coke Corporation does not intend to make its final, court-ordered community service payment of $2 million in the midst of the facility being shut down and the company filing for Chapter 11 bankruptcy. Tonawanda Coke has polluted the community for decades; the community service payments resulted from violation of federal law and are necessary to fund studies to understand how air pollution, including emissions from Tonawanda Coke, has impacted the community. Tonawanda Coke must live up to its commitments and court-ordered criminal punishment and make the final community service payment as expeditiously as possible.

In March 2014, pursuant to prosecution for violation of federal environmental law, the United States District Court for the Western District of New York (Court) sentenced Tonawanda Coke to probation for five years and a criminal fine for their environmental violations. As part of the probationary sentence, the Court also ordered Tonawanda Coke to fund two community service projects totaling $12.2 million. Those purpose of the community service payments was to fund a ten-year University at Buffalo epidemiological study regarding the health impacts of Tonawanda Coke's actions -- and a soil-testing study. The $11.4 million University at Buffalo study recently began enrolling participants, and aims to understand how airborne pollutants, including emissions from the Tonawanda Coke facility, have impacted public health in the surrounding communities, and to help inform future local decision-making about community health initiatives. The soil testing study, which started in 2017, involves collecting and analyzing hundreds of soil samples to determine how much pollution has entered the soil in surrounding communities, and where.

However, it is my understanding that Tonawanda Coke has indicated that it does not intend to make its final community service payment of $2,037,291, and, in fact, the company sought -- but was denied by the Court -- relief from this payment. The Court, via Judge Skretny, spoke clearly on the matter, saying: "This court finds no cause for reconsideration. Tonawanda Coke's final community service payment therefore remains due ... as of Oct. 12, 2018, and it remains obligated to provide financial information to the government and the probation office as directed."

Not to make the required payment under law is completely unacceptable and, according to an October 12, 2018 filing from the US District Court for the Western District of New York, would constitute a violation of a condition of the company's probation. Tonawanda Coke must make this final community service payment as soon as possible. After flouting federal environmental protections designed to keep people safe and exposing the community to toxic emissions, the very least that Tonawanda Coke can do is make this final payment to the community.

Sincerely,

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