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Court order sought for Lockport fuel tank removal

LOCKPORT – The state Attorney General’s Office will be going to court soon to obtain an order allowing the removal of a leaking 15,000-gallon fuel oil tank in the City of Lockport.

Alderman Joseph P. Oates, R-1st Ward, informed his Common Council colleagues of the state’s emailed decision during a work session Wednesday.

The tank was discovered in the fall of 2014, during the U.S. Environmental Protection Agency’s Superfund cleanup of the former Flintkote plant on Mill Street. Across from the plant, at 89 Mill St., was an abandoned boiler house loaded with asbestos. The EPA tore that down, but it found the underground fuel oil tank on the property.

The EPA turned the job of removing it over to the state Department of Environmental Conservation, but the DEC has been unable to obtain permission to enter the property from the owner, Texas businessman Scott J. Krzyzanowski. He bought the site in 2010, intending to clear it and build a small commercial plaza, but the cost of an asbestos investigation demanded by the state Labor Department torpedoed the project.

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