VACANT COMMERCIAL (Spill #1806344) is a program facility involved in a spill incident in CHEEKTOWAGA recorded by the Division of Environmental Remediation of NYS Department of Environmental Conservation (DEC). The contributing factor is Unknown. The inclident source is Commercial/Industrial. The spill occurred on September 12, 2018. The received date is September 12, 2018. The case was closed on December 9, 2019.
Spill Number | 1806344 |
Program Facility Name | VACANT COMMERCIAL |
Address | 5 French Rd Cheektowaga |
County | Erie |
Spiller Company | BUFFALO LUBE REALITY |
Spiller Address | 90 Earhart Drive Amherst NY 14221 999 |
Contact Name | BRYAN MAYBAK |
Telephone | 716-844-1699 |
SWIS Code | 1530 |
DEC Region | 9 |
Spill Date | 2018-09-12 |
Received Date | 2018-09-12 |
Close Date | 2019-12-09 |
Contributing Factor | Unknown |
Source | Commercial/Industrial |
DEC Lead | CMMIKIDA |
Reported By | Other |
Happened After Hours | False |
Material Name | unknown petroleum |
Material Family | Petroleum |
Material Classification | B3 |
Meet Standards | False |
Penalty | False |
Federal UST Trust Eligible | False |
Site ID | 577063 |
Program Type | ER |
Facility ID | 529931 |
Caller Remark | sub surface investigation show voc exceedance |
DEC Remark | 09/12/18 RMC/FILE. CALLED BRIAN MAYBAK AND REQUESTED REPORT. DUE 9/30/18. ASSESSOR SHOW OWNER AS BUFFAL LUBE REALITY LLC C/O VALVOLINE INSTANT OIL CHANGE 90 EARHART DRIVE AMHERST NY 14221 09/18/18 RMC/FILE. RECEIVED PHASE II REQUESTED PHASE I. REVIEWED PHASE II GASOLINE STATION 72-90 THEN NEW BUILDING AND OIL CHANGE FACILITY 90-12. CP51 EXCEEDANCES, PETROLEUM TYPE ODORS, AND HIGH PID READINGS FOUND IN SEVERAL AREAS. REMEDIATION REQUIRED. SENT EMAIL TO TURN KEY ASKING IF THEY KNOW IF THE BUYER OR SELLER IS GOING TO DO THE REMEDIATION. UPDATE 9/30/18 11/14/18 RMC/FILE. CONTACTED BRYAN MAYBACH, HE IS UNSURE OF THE SALE STATUS. HE WILL LOOK INTO. CALL DUE 11/30/18. 02/10/19 RMC/FILE. DISCUSSED SITE WITH DAVID KOWALSKI, 861-2281, ATTORNEY FOR PROPERTY OWNER. GZA HAS PREPARED A RAP. HE IS WORKING WITH PROSPECTIVE BUY AND HIS CLIENT TO BE SURE IT IS ACCEPTABLE TO THEM BEFORE SUBMITTED IT TO DEC FOR REVIEW. PLAN DUE 3/30/19 04/15/19 RMC/FILE. CALLED DAVID KOWALSKI, THE VARIOUS PARTIES CONTINUE TO WORK ON THE RAP. UPDATE 5/15/19. 07/18/19 RMC/FILE. REVIEWED PHASE I AND II AGAIN, PREVIOUS WORK DONE ON THE SITE ODORS SB1 0-5, SB4 0-6, SB7 0-8, SB6 0-5, SB9 0-6, SB11 0-12 CP51 EXCEEDANCES SB4, SB8, SB7, SB6, SB9, PID SB1, SB4, SB7, SB6, SB8, SB9, SB11, REVIEWED WORK PLAN, PLAN TO EXCAVATE AN ESTIMATED 3500 TONS IN THESE AREAS. 4 AST ARE STILL INSIDE, DISPOSITION OF O/W SEPARATOR UNKNOWN, LEFT MESSAGE FOR GZA. 08/05/19 RMC/FILE. RECEIVED AND ACCEPTED WORK PLAN. WORK TO START WITH IN 2 WEEKS. 08/15/19 CMM site investigation. Arrived on site with Rob Crossen and met with Peter Nyznyk from GZA and Mike Foland from Antea. Scoped out areas where remediation will be conducted and discussed work plan. Follow-up when digging begins. 08/16/19 CMM site investigation. Arrived on site and met with Peter (GZA). Work being conducted at AOC-2A. Worker excavating and loading contaminated soil into dump trucks that are transporting to Chaffee Landfill. Non-impacted top soil staged for re-use. Excavation at 11 feet deep and perched groundwater detected. Client wanted GZA to stop digging deeper for now while work plan is re-evaluated to deal with dewatering issues. Impacts still noticeable at excavation bottom. East sidewall visually satisfactory and PID screenings less than 10 ppm. Confirmatory sample collected for East sidewall. Remaining sidewalls still impacted and will be remediated further. GZA discussed plan to apply ORC to excavation bottom to remediate past 11 feet. Digging to continue will follow up. 08/19/19 CMM site investigation. Arrived on site with Rob Crossen and met with Peter and Tom Bohlen (GZA). Excavation much more expansive to the West and sidewall bound by 6 gas line. Perched groundwater appears to be coming from East side of excavation and was dammed up. Excavation left at 11 feet near perched groundwater. Excavation down to 18 feet along West sidewall and visually satisfactory and PID screenings less than 10 ppm. Confirmatory sample grabbed for 18' bottom and West sidewall along 6 gas line. Analytical impacts expected for West sidewall, but GZA will continue digging on other side of gas line. Anticipating perched groundwater to dissipate so 18' bottom can be reached for entirety of excavation. Non-impacted top soil used for backfill in certain areas to shore up excavation. North and South sidewalls to be expanded. Will follow up. 08/21/19 CMM site investigation. Arrived on site and met with Peter. AOC-1 excavated and samples taken. Excavation visually acceptable and PID screenings indicate only minor impacts remain. Frac tank on site to deal with dewatering of excavations. Test pit/sump being dug adjacent to AOC-2A. Analytical samples received for some of AOC-2A showing excavation is to depth (18') where impacts are non detect and minor impacts remain on sidewall adjacent to gas line. 08/23/19 CMM site investigation. Arrived on site and AOC-1 to be backfilled with 2 crush stone. Analytical samples came back acceptable and meet CP-51 standards. Digging to continue. Will follow up. 08/26/19 CMM site investigation. Arrived on site and met with Peter. AOC-1 backfilled completely. Work being conducted at AOC-2A. Excavation expanded to include adjacent test pit. Not much digging today. Just moving overburden soil and site management. Will follow up. 08/29/19 CMM received more analytical results for AOC-2A and an effluent sample for the excavation water that is being pumped into frac tanks and being treated through GAC. AOC-2A samples either ND or below CP-51. Effluent water sample ND. GZA applying for permit with Erie County to be able to discharge treated water into sanitary sewer. Digging and dewatering of excavation to continue. Will follow up. 09/06/19 CMM site investigation. Arrived on site and met with Ernie from GZA. AOC-2A complete and backfilling has begun. Backfilling to continue and then AOC-2B to be remediated. Will follow up. 09/18/19 CMM site investigation. Arrived on site and met with Peter. AOC-2B remediated. Sewer line encountered and Erie County was on-site previously to assess damage. Trec to make repairs. Permit to discharge treated water approved. AOC-2B negligible impacts remain and confirmatory samples taken. Backfilling has begun. Backfilling to continue and then area adjacent to 6 gas line and area in front of building to be remediated. Will follow up. 09/20/19 CMM site investigation. Arrived on site and met with Peter. AOC-2B backfilled. Sewer line repaired. GZA starting remediation of AOC-2B on other side of gas line in the Southwest corner of the property. Initial digging (1 fbgs) indicates shallow impacts extending to property line. Extensive excavation to begin Monday 09/23/19. Will follow up. 09/24/19 CMM site investigation. Arrived on site and met with Ernie. Received analytical results for samples taken along South and West sidewalls that are at the extent of the property line. South sidewall meets CP-51 standards and West sidewall slightly above CP-51 standards. West sidewall visually acceptable due to property line constraints/sidewalk and negligible staining. Excavation at approximately 15 fbgs and digging and sampling to continue. Will follow up. 09/27/19 CMM site investigation. Arrived on site and met with Peter. Received analytical results for samples taken along East sidewall and bottom. Bottom samples meet CP-51 standards and East sidewall slightly above CP-51 standards. East sidewall visually acceptable due to gas line constraints and negligible staining. Intermittent backfilling started for excavation stability and digging to continue to the North. Will follow up. 10/02/19 CMM site investigation. Arrived on site and met with Peter. Digging continued to the North. Removed old product lines and impacts significant with staining and odors. Excavation at approximately 17 fbgs. Bottom infiltrating with water. Pumping and digging until only minor impacts remain. East sidewall shows minor staining. West sidewall shows slightly darker staining but due to property constraints/sidewalk this is acceptable. Work to continue. 10/11/19 CMM site investigation. Arrived on site and digging completed for the day. Excavation moved further North and impacts appear to be decreasing. Continue to receive any analytical results that exceed CP-51 standards, but due to minor exceedances only, site constraints/utilities, and field observations remediation activities acceptable. Intermittent backfilling continuing. Last excavation area in front of building to begin shortly. Will follow up. 10/21/19 CMM site investigation. Arrived on site and met with Peter. Excavation activities nearing completion. Digging being completed in front of building currently. East sidewall sample not required due to building foundation and stone. West sidewall analytical results exceed CP-51 standards at levels of concern (20 ppm for total xylenes and 5.3 ppm for benzene). Observed sample location. Staining apparent, but 6 gas line adjacent to sidewall. GZA and Antea (excavator operator) deemed it infeasible to dig any closer to gas line. Approximately 7,000 tons of impacted soil already loaded off site. Majority of contamination removed. Frac tanks being cleaned and taken off site. Oil water separator behind building and ASTs in basement to be removed shortly. Will follow up. 10/29/19 CMM site investigation. Arrived on site and met with Trec. Trec removing ASTs from basement. ASTs had been previously emptied and no impacts noticed in basement. Oil water separator to be removed. 10/31/19 CMM site investigation. Arrived on site and met with Peter (GZA). Oil/water pumped out, treated, and discharged. Oil water separator removed and excavation shows no impacts. Confirmatory samples taken. Excavation being backfilled. Remediation activities complete. GZA will submit full report. Will follow up. 12/09/19 CMM received Spill Remediation Completion Report from GZA. All bottom samples below CP-51 standards except for one sample which had negligible exceedances. Sidewall samples all below CP-51 standards except for instances where utility lines and property boundaries existed. Analytical results acceptable. Inactive Letter sent out to Buffalo Lube Realty, LLC. All work complete. No further action required. Spill closed. |
Create Date | 2018-09-12 |
Record Update Date | 2019-12-09 11:34:00.087000000 |
Street Address |
5 FRENCH RD |
City | CHEEKTOWAGA |
Address: 4455 Genesee Street, Cheektowaga, 14225 Spill Date: 2021-06-14 Contributing Factor: Equipment Failure Material Name: lube oil | ||||
Address: 3535 Genesee Street, Cheektowaga, 14225 Spill Date: 2022-04-13 Contributing Factor: Other Material Name: gasoline | ||||
Address: 1 Walden Galleria Dr, Cheektowaga Spill Date: 2023-03-23 Contributing Factor: Unknown Material Name: cooking grease | ||||
Address: 96 East Melcourt Rd, Cheektowaga Spill Date: 2021-05-03 Contributing Factor: Storm Material Name: transformer oil | ||||
Address: 3212 Union Rd, Cheektowaga, 14225 Spill Date: 2022-07-07 Contributing Factor: Traffic Accident Material Name: transformer oil | ||||
Address: 4 Neibert St, Cheektowaga, 14225 Spill Date: 2022-12-23 Contributing Factor: Storm Material Name: mineral oil | ||||
Address: 3781 Broadway, Cheektowaga Spill Date: 2021-07-31 Contributing Factor: Unknown Material Name: vegetable oil (dye/grease) | ||||
Address: 251 Cayuga Rd, Cheektowaga Spill Date: 2022-01-26 Contributing Factor: Equipment Failure Material Name: transformer oil | ||||
Address: 19 Vera Ave, Cheektowaga Spill Date: 2022-06-02 Contributing Factor: Unknown Material Name: #2 fuel oil | ||||
Address: 2425 Walden Avenue, Cheektowaga, 14225 Spill Date: 2020-09-08 Contributing Factor: Equipment Failure | ||||
Find all facilities in the same city |
Address: 872 Hudson Avenue, Corner of Avenue D, Rochester, 14621 Spill Date: 2007-02-21 Contributing Factor: Other Material Name: unknown petroleum |
Address: 395 South Main Street, 401 South Main St, Canandaigua, 14425 Spill Date: 2010-06-02 Contributing Factor: Equipment Failure Material Name: gasoline |
Address: 3 Farber Drive, Bellport Spill Date: 2018-09-10 Contributing Factor: Unknown Material Name: unknown material |
Address: 3921 Harlem Rd, Amherst Spill Date: 2019-05-13 Contributing Factor: Other Material Name: unknown material |
Address: 69 Fuller Rd, Colonie Spill Date: 2021-12-08 Contributing Factor: Unknown Material Name: other - chlorinated solvents |
Address: 17 High Street, Honeoye Falls, 14472 Spill Date: 2015-10-09 Contributing Factor: Unknown Material Name: unknown petroleum |
Address: 225 Old Elmira Rd/ Behind 400 Spencer Rd, Ithaca Spill Date: 2012-11-14 Contributing Factor: Unknown Material Name: unknown petroleum |
Address: 225 Dixon Ave, Amityville Spill Date: 1992-10-07 Contributing Factor: Equipment Failure Material Name: #2 fuel oil |
Address: 166 Kings Hwy, Brooklyn Spill Date: 2018-05-07 Contributing Factor: Unknown Material Name: gasoline |
Address: 247 East 136th Street, Bronx, 10473 Spill Date: 2007-02-05 Contributing Factor: Other Material Name: unknown petroleum |
Please leave your review and comments here.
This dataset includes about 500,000 chemical and petroleum spill incidents that are recorded in the Environmental Remediation Databases of NYS Department of Environmental Conservation (DEC). Petroleum and hazardous chemical spills that can impact the waters of the state must be reported by the spiller. Each recored is registered with spill number, facility program name, spill location, spill date, received date, contributing factor, waterbody, source, spilled material and quantity, etc.
Subject | Environment |
Jurisdiction | State of New York |
Data Provider | NYS Department of Environmental Conservation (DEC), Division of Environmental Remediation |
Source | data.ny.gov |
Under State law, petroleum and hazardous chemical spills that can impact the waters of the state must be reported by the spiller (and, in some cases, by anyone who has knowledge of the spills). This dataset contains records of spills of petroleum and other hazardous materials. Every year, DEC receives approximately 15,000 reports of confirmed or suspected releases to the environment. Approximately ninety percent of those releases involve petroleum products. The rest involve various hazardous materials, unknown materials, or other substances such as untreated sewage and cooking grease. Accidental releases of petroleum and/or other hazardous materials occur throughout New York State. Even small releases have the potential to endanger public health and contaminate groundwater, surface water, and soils.
Environmental damage from such releases depends on the material spilled, the quantity spilled and the extent of contamination. Many of these reports are releases of small quantities, typically a few gallons that are contained and cleaned up quickly with little or no damage to the environment. In other instances, material releases may seep through the soil and eventually into the groundwater, which can make water supplies unsafe to drink. Vapors from spilled materials may also collect in houses and businesses, creating potential indoor air health concerns or fire/explosion hazards. Uncontained spills, especially those that impact surface water, can kill or injure plants, fish, and wildlife, and cause damage to their habitats. Federal and State laws require prompt reporting of petroleum and other hazardous material releases to allow quick response. DEC responds to reports through the Spill Response Program. Both immediate response and continued cleanup vary depending on the type of material spilled and the resulting impacts to the environment. Federal and State law require the spiller, or responsible party, to notify government agencies and to contain, clean up, and dispose of any spilled/contaminated material in order to correct any environmental damage. This cleanup is typically undertaken by a qualified contractor hired by the responsible party. Any delay in containing or recovering a release allows contaminants to spread and may result in more extensive damage and more expensive cleanups. If the responsible party is unable or unwilling to do the necessary work, DEC will use its staff and contractors to complete the cleanup and seek to recover its costs from the responsible party. DEC can provide additional resources to local agencies during emergencies and will remain involved if continued cleanup of the environment is required. Continued cleanup is the responsibility of the spiller and is required if contamination and environmental damage remain after the initial containment and recovery. Continued cleanup may include determining the extent of contamination, selecting a cleanup technology, and completing remedial actions. DEC oversees the process to ensure the actions are protective of public safety, health and the environment pursuant to Article 12 Section 176 of the Navigation Law and regulations developed under Article 37 Section 105 of the ECL (i.e., 6NYCRR Parts 596-599).
This dataset includes records of spills of petroleum and other hazardous materials. Examples of what may be included in a spill record includes: Administrative information (DEC region and unique seven-digit spill number), Program facility name, Spill date/time, Location, Spill source and cause, Material(s) and material type spilled, Quantity spilled and recovered, Units measured, Surface water bodies affected, Close date (cleanup activity finished and all paperwork completed).
To give New Yorkers the access they deserve to government data and information, Governor Andrew M. Cuomo launched the Open NY initiative in March 2013 and signed Executive Order 95. It directs state agencies to identify, catalog, and publish their data on the state's open data website administered by the Office of Information Technology Services (ITS). Open NY increases transparency, improves government performance, empowers New Yorkers to participate in government, and encourages research and economic opportunities statewide.