Tube City Almanac

July 01, 2010

Need for More Testing Holds Up Deli's Opening

Category: News || By

Rich Kugler drives past the former Renzie Mini Mart on Eden Park Boulevard practically every day. And each time he does, he gets the same feeling of frustration.

"It's driving me crazy," says Kugler, who owns Lampert's Market in Grandview along with his wife, Jan.

For nearly two years, Kugler has been trying to open a deli version of Lampert's --- regionally famous for its kolbassi and other ethnic foods --- in the mini-mart property, which he bought at a sheriff's sale.

But without getting an environmental clearance from authorities, he can't get a bank loan. And without additional testing --- for which no one has the money --- he can't get that clearance.

. . .

So even though the "Lampert's Deli Express" signs have gone up, the store isn't open. Kugler is instead stuck paying for a building he can't use. He estimates he's got $100,000 tied up already.

"I'm upset, but I'm not discouraged," Kugler says. "It's my problem, but it's not my fault."

The site was used as a gasoline station for at least a half-century. Over the years, gasoline, oil and other contaminants leaked into the groundwater from underground storage tanks.

With assistance from the West-to-West Coalition, which helps clean up "brownfield" sites, all of the tanks and pipes have been removed from the ground under the station, says Bethany Bauer, the city's community development coordinator.

. . .

However, federal law requires the owners of old gas stations to make sure no environmental hazards remain behind whenever the storage tanks are removed.

During the spring and summer of 2009, samples were taken from wells drilled in the area around the mini-mart. According to documents provided to Tube City Almanac by the state Department of Environmental Protection, those tests found higher-than-normal levels of chemicals used in gasoline, including methyl tert-butyl ether, benzene and napthalene, all of which were used to boost octane.

Long-term human exposure to those chemicals --- whether from vapors or absorption into the skin --- has been linked to organ failure, birth defects and certain types of cancer.

. . .

But Katy Gresh, a regional spokeswoman for DEP, says the pollution doesn't present any risk to the surrounding homes in Hall Park or to people using Renziehausen Park.

"Some of the numbers in some of the categories are higher than we'd like to see," Gresh says, "but there's no health hazard."

None of the nearby homes is using a well, so no one is in danger of drinking polluted water, and no vapors are leaking into nearby buildings, she says.

. . .

And Gresh says the contamination is not responsible for the dead fish that were found last year in nearby Lake Emilie -- the only contaminant found in the water was bacteria from animal droppings, probably from the geese that populate the pond.

The contamination also presents no threat to people who would work, shop or eat at the store when it's open, Gresh says. "It isn't stopping Mr. Kugler from opening his business," she says.

But state law outlines very specific procedures for certifying that underground storage tanks have been properly removed and cleaned up.

. . .

To issue that certification, DEP needs to have additional samples taken, further away from the mini mart, to determine the extent of the contamination.

No more grant money was available for testing in fiscal year 2009-10, Bauer says. As a result, Kugler's lender won't release the start-up money he needs to open the store, possibly for fears of a future lawsuit.

Gas station owners can pay into an insurance fund that protects them from such lawsuits, but the station's previous operator allowed the policy to lapse, Bauer says.

. . .

Because the property was sold at sheriff's sale, Kugler says, the previous owner is not liable for cleanup. Court and tax records indicate the station was owned by Pecora Enterprises of North Huntingdon Township from 1993 until 2008.

The city is hoping that additional grant money for more testing will be available in the new fiscal year that started today, Bauer says. It's also asked U.S. Rep. Mike Doyle to see if any federal funds are available.

In the meantime, Kugler is waiting patiently, though he's clearly eager to get back to work on the new store.

"We don't know how long it's going to take," he says. "All we need is a little bit of help. All we can do is hope."

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You had to get that catfish comment in…. LOL.

Have a great 4th!

Paul
Paul Shelly - July 03, 2010




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