⚠ DEC Case #2509651 is still OPEN as of April 21, 2026 — 6 weeks elapsed, zero formal enforcement actions taken
Active Investigation

North Tonawanda
Environmental Incident Report

Independent documentation of illegal regulated medical waste dumping at 301 Meadow Drive, North Tonawanda, NY — with photographic evidence, agency correspondence, FOIL records, and a record of ongoing non-enforcement.

DEC Spill Case #2509651 Quest Complaint #550476 Reported March 10, 2026 115 Photos · 23 Correspondence Dates 3 Open FOIL Requests

Quick Facts

Days Elapsed
48+
Documents
35
FOIL Requests
4
FOIL Denials
3
Agencies Contacted
8+
Enforcement Actions
0

Key Quotes — What They Said

Direct quotes from government officials and agencies documented in the official record.

"DEC has received your emails and will look into your concerns."

— Michael Emery, michael.emery@dec.ny.gov Division of Materials Management (Apr 27, 2:06 PM) [first written acknowledgment on April 26-27 escalation]

"At this time, the dumping issue...has already been addressed by the property management company. There is no confirmed link trying the material to Quest Diagnostics."

— Mayor Evan Clausen (Apr 27, 1:21 PM) [contradicted by BD Vacutainer Lot #251 5028 supply chain tracking]

"I wouldn't know where it was taken to, but just a lot of number... it could have been any number of places."

— BD Medical Affairs Rep (Apr 27, 3:30 PM) [discussing inability to pinpoint distribution center despite multiple distribution channels]

"I mean, that would be the assumption. I just can't confirm that myself."

— BD Medical Affairs Rep (Apr 27, 3:30 PM) [hedging on BD label confirmation despite visible branding]

"I'll be happy to put this information in and afford it along to our product complaints."

— BD Medical Affairs Rep Tori (Apr 27, 3:30 PM) [formal escalation to BD product complaints team]

"CIC does not have the resources to approach a project of this scope as it would require full nontargeted method developments for several methods."

— Valerie Frerichs, PhD, UB Chemistry Instrumentation Center (Apr 24) [declining soil analysis support]

"You got to give us some time. Let us work through it because we, there's a whole bunch of steps that have to happen, 1st being the waste needs to be actually identified."

— DEC Spills Division (Apr 18 Recorded Call) [explaining DEC delay strategy; waste already identified as medical waste 39 days earlier]

"If they do dispose of that as non-medical waste, then they're ultimately liable for whatever fines or penalties are associated with that."

— DEC Spills Division (Apr 18 Recorded Call) [acknowledging Quest's liability but taking no enforcement action]

"We don't do that [cleanup] unless, uh, you know, the responsible party is, you know, completely negligent. However, they're the ones who are going to do the cleanup. Our position is to come in and make sure that it gets done correctly."

— DEC Spills Division (Apr 18 Recorded Call) [48+ days without verification of proper cleanup method]

"We saw your concerns about medical waste being dumped behind the Tops on Meadow in NT and are wondering if you'd be willing to speak with us about it?"

— Rob Hackford, WGRZ-TV Channel 2 (NBC Buffalo) (Apr 18) [media validation of incident; interview conducted Apr 19]

"A standard municipal roll-off container is legally insufficient for the remediation of this site. Commingling these materials with general municipal refuse is a violation of New York State law."

— Ash Tower to Mayor Evan Clausen (Apr 12) [citing 6 NYCRR Part 365 and 10 NYCRR Part 70 violations]

"The state's lack of follow-through on this incomplete remediation is unacceptable. We cannot allow a 'half-finished' cleanup to stand as the final solution for this property."

— Ash Tower to Alderman G. Richards (Apr 3) [formal escalation to city government citing DEC inaction]

Case Strength Scorecard (0-10)

Assessment of evidence strength across key dimensions.

Photographic Evidence
10
115+ EXIF-verified photos across 5 dates. Scene, vials, dumpsters, post-cleanup site.
Government Paper Trail
9
Written correspondence with 20+ officials. DEC Spill Case #2509651 confirmed. Mayor's formal record. Recorded call transcripts.
Legal Violations ID'd
9
8 specific statutes cited with direct applicability (6 NYCRR § 365-2.1(c), ECL § 27-1511/1513, etc.)
Agency Non-Response
8
Documented pattern across DOH, EPA, Quest, City Attorney. Multiple bounced emails. 48+ days of inaction.
Waste ID / Attribution
9
Quest ownership confirmed (DEC Apr 3). BD Vacutainer Lot #251 5028 (Catalog #363083) provides direct supply chain tracking to Quest Diagnostics.
Independent Lab Outreach
6
5 labs contacted. UB and Pace engaged. Quotes pending. IsleChem not yet contacted. No test results yet.
Media Coverage
4
WGRZ (NBC Buffalo) interview conducted Apr 19. Broadcast segment status unknown. No print coverage yet.
Legal Representation
2
NYC Brownfield Partnership and Pace Law Clinic both declined. Pro bono search ongoing. No attorney secured.
Soil / Lab Results
0
No lab results yet. No agency has ordered testing. TCLP demand in Apr 26 notice — no response. Largest evidentiary gap.

Status Dashboard — Key Tracking Items

Current status of critical demands and investigations.

✓ DEC Case Confirmed
Spill #2509651 filed Mar 10, 2026. Active investigation. April 18 call confirmed still open.
⏳ FOIL Requests Pending
W163146-040226 (ECO Shea records) — deadline May 1, 2026. W162091-031626 constructive denial appeal filed Apr 27 — decision due by ~May 12.
✗ FOIL Denials (3)
Apr 27, 5:32-5:41 PM: W162891-032926 (NT High School), W162900-032926 (DEC supervisory), W162091-031626 (Cleanup status) all denied under POL 87.2.e.i (law enforcement). Appeals available.
⏳ Soil Testing
No agency has ordered TCLP testing. Independent lab outreach ongoing. 5 labs contacted. Quotes pending from Pace Analytical. IsleChem (UB recommendation) not yet contacted.
✓ BD Acknowledgment & Escalation
BD Medical Affairs confirms product authenticity (Lot #251 5028, Catalog #363083 valid in system). Escalated to BD product complaints team Apr 27, 3:30 PM for formal investigation.
⏳ Media Coverage Pending
WGRZ-TV Channel 2 (NBC Buffalo) conducted interview Apr 19. Broadcast segment status unknown. No print/digital coverage yet.

Agency Response Status Map

Which agencies have responded and what their status is.

michael.emery@dec.ny.gov Region 9
Responded — Partial
Emery acknowledged Apr 27. Spill #2509651 confirmed. Investigation ongoing but slow.
City of North Tonawanda
Responded — Defensive
Mayor Clausen claims issue resolved. Disputes Quest link (contradicted by BD lot tracking). Defers to DEC.
NYS Department of Health — RMW Program
Acknowledged — No Enforcement
Regulated Medical Waste Program (RMWP) confirmed receipt Apr 23, 2026 (REF #20260156). Incident involves blood collection tubes (regulated medical waste under 10 NYCRR Part 70). DOH has authority to order testing and enforce RMW disposal requirements. Status: Circling back to DEC. No independent health orders or enforcement actions taken. 49+ days of inaction.
BD (Becton Dickinson)
Responded — Escalated
Susan & Tori (Medical Affairs) confirmed product authenticity. Escalated to product complaints team Apr 27, 3:30 PM.
Quest Diagnostics
No Substantive Response
Biohazard complaint filed Mar 26 (Tracking #550476). Manager callback promised but never confirmed. No response.
NYS Attorney General
Voicemail Left — Pending
Formal complaint left Apr 21, 9:51 PM (Environmental Protection Bureau). No response received.
EPA Region 2
No Response
FOIA submitted Mar 26. Email addresses rejected. Written FOIA required — not yet filed.
Stericycle (Licensed RMW Hauler)
Confirmed Account Exists
Active RMW account for Quest at 301 Meadow Dr confirmed Apr 20. Quest bypassed Stericycle for cleanup.
Part 1
The Incident
How this started · What we can prove · What they said in their own words

How This Started

On March 10, 2026, I noticed what appeared to be blood collection tubes scattered across the rear parking lot of 301 Meadow Drive — the Mid City Plaza in North Tonawanda, directly behind the Tops supermarket. The vials were unsealed, mixed into loose debris, and scattered across an area freely accessible to the public. The site sits within direct view of North Tonawanda High School.

I reported the incident to the DEC the same afternoon. What followed was six weeks of documented correspondence with more than 20 officials across five agencies — and zero formal enforcement action. The property management company hired a standard junk removal crew, loaded the materials into a 30-yard dumpster, and considered it handled. No licensed medical waste hauler. No waste manifest. No soil testing. No accountability.

This site exists because the system designed to handle this failed — and because a public record is the only thing that can't be quietly closed.

— Ash Tower  ·  greatlakes.eco.nrcs@gmail.com

12 Things We Can Prove

Every item below is backed by photographs, government records, written correspondence, or recorded calls — not allegations.

1
Blood collection tubes were scattered in a public parking lot adjacent to NT High School. Documented March 10, 2026 — DEC Spill Case #2509651 filed same day. NRC biohazard report EPA Ref #1458271. 115 photographs with EXIF metadata.
2
Quest Diagnostics confirmed their vials — and collected additional tubes from the site. DEC confirmed April 3, 2026 (Michael Emery, michael.emery@dec.ny.gov Division of Materials Management). Quest staff returned on-site and removed additional vials after the incident was reported. Quest has issued no public statement.
3
The cleanup used a standard 30-yard dumpster — not a licensed RMW hauler. Confirmed in writing by the Mayor's Office (Evan Clausen, April 14 formal Record of Correspondence). Corroborated by EXIF-timestamped post-cleanup photographs (April 17, 3:30–3:33 PM) showing solid-waste dumpsters on-site.
4
Quest Diagnostics had an active licensed RMW contract with Stericycle at this address — and did not use them. Stericycle confirmed on April 20, 2026 that they hold an active service account for the Quest Diagnostics location at 301 Meadow Drive and provide RMW services there. An account number was provided. Quest bypassed their own licensed contractor.
5
DEC confirmed on a recorded call that the property owner is liable if RMW was disposed as regular trash. "If they do dispose of that as non-medical waste, then they're ultimately liable for whatever fines or penalties are associated with that." — DEC Spills Response Officer, April 18, 2026 (recorded call, transcribed).
6
The waste has never been formally classified — six weeks after the report. "It depends on what the waste gets classified as. Which has not been classified yet." — DEC Spills Response Officer, April 18, 2026. DEC's own officer also stated that visual inspection is insufficient and testing is required. No government agency has ordered testing.
7
DEC committed on the record to verifying proper disposal — and has not produced proof. "Sure. Sure, that's what we do here. Yep." — DEC officer, April 18, when asked if DEC would provide proof of proper disposal. No chain-of-custody manifest, disposal record, or verification document has been produced by DEC, the property owner, or Rodriguez-CG.
8
The trespass against Ash Tower is documented in a written government record. Evan Clausen's April 14 formal Record of Correspondence explicitly states: "The caller was advised not to go onto the private property to avoid trespassing and potential police involvement, as the property owners are taking measures such as installing fences and cameras." This is a government-authored document, not a private claim.
9
The City of North Tonawanda acknowledged in writing that the dumping is a community hazard — then stated it cannot act. Clausen's April 14 letter: "the city agrees the dumping is negligent and creates community hazards." The same letter confirms the city has no authority to enforce medical waste law on private property and refers enforcement to DEC and DOH — neither of whom has acted.
10
The property owner — a Houston, TX investment group — has never directly contacted Ash Tower. Sky Mid City LLC and BDA Mid City LLC own the property. Their only communication was one statement routed through the Mayor's Office on April 7. In six weeks of documented correspondence, neither LLC, nor any representative of the ownership group, has made direct contact.
11
Rodriguez-CG — the waste hauler — called back the same day expressing concern and committed to contacting property management. After receiving Ash Tower's formal email on April 20, Rodriguez-CG called back the same day, sounded very concerned, and stated they would contact the property management company. A licensed RMW hauler (Stericycle) was available and was never called by anyone in the disposal chain.
12
The case is still open. No agency has taken formal enforcement action in six weeks. DEC confirmed case remains open on the April 18 recorded call. Three FOIL requests are pending with documented deadlines (April 27 and May 1). NYS DOH — the primary RMW enforcement authority — has not responded to any contact since March 25. Case has been formally escalated to the NYS Attorney General's Environmental Protection Bureau (April 21, 2026).
Critical Finding

Quest Had a Licensed RMW Hauler. They Didn't Call Them.

On April 20, 2026, Ash Tower called Stericycle — the licensed Regulated Medical Waste hauler and transfer company that holds an active service account for the Quest Diagnostics location at 301 Meadow Drive, North Tonawanda.

Stericycle confirmed on the call: (1) they have an active account on file for that Quest location, and (2) they provide RMW services there. An account number was provided.

Quest Diagnostics did not call Stericycle. The property owner did not call Stericycle. Instead, they hired Rodriguez Construction Group — a standard junk removal company with no RMW license — to handle a confirmed medical waste site.

This is not a case of not knowing what to do. Quest had a licensed RMW disposal contractor on contract, specifically at this address. Using an unlicensed hauler instead — with DEC aware of the situation — is a direct and documentable violation of 6 NYCRR Part 364 and 10 NYCRR Part 70.

Documented Assessment: Independent Action, Aligned Outcome

The following is Ash Tower's documented assessment based on the evidence gathered to date. It is not a legal conclusion. It describes an observed pattern of behavior that raises questions about whether Quest Diagnostics and the property management company coordinated their response — formally or informally — in a way that served to minimize regulatory scrutiny of this incident.

It is Ash Tower's documented belief that Quest Diagnostics and the property management company acted independently — but in unison in their response to this incident. Neither party has publicly acknowledged any coordination. However, the documented evidence shows a consistent pattern of aligned decisions that produced the same outcome: the incident was minimized, no licensed RMW hauler was called, no chain-of-custody records were produced, and no formal regulatory accountability followed.

Quest staff returned to the site after the initial report — without notifying DEC or DOH in advance.

On April 3, 2026, michael.emery@dec.ny.gov confirmed that Quest staff returned to 301 Meadow Drive and collected additional medical vials. This was not a coordinated remediation — no licensed waste contractor was involved, no formal notification to DOH was made. Quest self-managed the initial vial collection without regulatory oversight.

Property management attributed the dumping to "an unknown third party" — a characterization that benefited Quest.

The property management statement (forwarded by the Mayor's Office, April 7) states the cleanup "has nothing to do with plaza tenants and is the result of illegal dumping by an unknown party, likely associated with a demolition project." This framing removed Quest from direct liability — yet Quest staff were confirmed on-site collecting vials, and Quest is the only medical laboratory tenant at that address.

Quest had an active Stericycle account at 301 Meadow Drive — and no one called them.

Stericycle confirmed on April 20, 2026 that they hold an active RMW service account for the Quest Diagnostics location at this address. Neither Quest nor property management contacted Stericycle for the cleanup. Instead, property management hired Rodriguez Construction Group — a standard junk removal company — with no notification to Quest's licensed waste contractor. If Quest and property management were not communicating, this omission is difficult to explain.

Both parties have maintained complete public silence. No statement. No accountability. No timeline offered.

Quest Diagnostics has not issued a public statement. The corporate complaint (tracking #550476, filed March 26) has received no callback in 26+ days. Property management has not responded to any formal contact since the April 7 statement. The aligned silence of both parties — across all channels — is itself part of the documented pattern.

The property owner has never directly contacted Ash Tower — not once in six weeks. Their main office is in Houston, Texas.

Mid-City Plaza at 301 Meadow Drive is owned by a Houston, Texas-based investment group operating through two LLCs: Sky Mid City LLC and BDA Mid City LLC, which acquired the property in late 2023 for $20.75 million through an off-market transaction brokered by Cleeman Realty Group. In the six weeks since the incident was reported, neither LLC, nor any representative of the Houston ownership group, has directly contacted Ash Tower. The only property management communication in this case was a single statement forwarded through the Mayor's Office on April 7 — routed through a city official rather than made directly. An out-of-state ownership group operating through liability-shielding LLCs, that has never once reached out to the person documenting the incident at their property, is a relevant fact in assessing accountability.

The cleanup was conducted in a way that produced no documentation, no manifest, and no regulatory record.

A licensed RMW contractor (Stericycle) would have produced a chain-of-custody manifest, a waste tracking document, and a disposal record — all of which would be subject to regulatory inspection and FOIL. The use of an unlicensed junk removal company produced none of these records. Whether by design or by negligence, the outcome was a cleanup with no paper trail.

Note on legal framing: This assessment does not allege formal conspiracy or pre-arranged coordination. It documents an observed pattern in which two independently acting parties made decisions that consistently aligned to avoid regulatory scrutiny and produce no enforceable paper trail. Whether that pattern resulted from communication, shared legal counsel, institutional instinct, or coincidence is a question for regulators and investigators — not for this site to determine. The documented facts are presented here as a record.

In Their Own Words

Direct quotes from government officials and agency representatives — taken from written correspondence and recorded calls.

"If they, if they do dispose of that as non-medical waste, then they're ultimately liable for whatever fines or penalties are associated with that."

— DEC Spills Response Officer · Recorded phone call · April 18, 2026

"DEC found no evidence of blood or biohazardous material. Only unused vials, that they falsely claim to have collected."

— Evan Clausen, Mayor's Office · Formal Record of Correspondence · April 14, 2026

"This remains open currently just because they're in the process of, uh, getting the trash taken away."

— DEC Spills Response Officer · on why the case is still open · April 18, 2026

"The City of North Tonawanda does not have the authority to enforce medical waste laws on private property."

— Evan Clausen, Mayor's Office · Formal Record of Correspondence · April 14, 2026

"It depends on what the waste gets classified as. Which has not been classified yet."

— DEC Spills Response Officer · Recorded phone call · April 18, 2026 · Six weeks after initial report — waste still unclassified

"You can't just, uh, walk up to it and look at it and identify it. You know, sometimes it's that obvious, but other times it needs to be tested."

— DEC Spills Response Officer · on the ECO officer's on-site determination · April 18, 2026 · DEC admits testing is required — no government agency has ordered testing

"Sure. Sure, that's what we do here. Yep."

— DEC Spills Response Officer · when asked if DEC would provide proof of proper disposal · April 18, 2026 · No proof of disposal has been provided to date

"I believe uh, their DPW uh... was also involved at this point."

— DEC Spills Response Officer · on other agencies involved · April 18, 2026 · NT DPW involvement had never been disclosed — no DPW contact or statement received

"We've received multiple FOIL requests. I'm assuming, you know, you're looking for additional information. We're putting that together for you at this time."

— DEC Spills Response Officer · confirming FOIL receipt · April 18, 2026 · Records still pending — FOIL deadlines: April 27 and May 1, 2026

"The City of North Tonawanda does not have the authority to enforce medical waste laws on private property... full accountability [shifts] to DEC and DOH."

— Evan Clausen, Mayor's Office · Formal Record of Correspondence · April 14, 2026 · DEC says it's outside their jurisdiction. DOH has never responded. No one has acted.

"Thanks Ash"

— Michael Emery, P.E., michael.emery@dec.ny.gov Division of Materials Management · Email response · April 13, 2026 · His complete written reply to a formal urgent notice that illegal medical waste was about to be disposed of in a standard dumpster — in violation of state law

"Keep in mind the only violation the city itself can go after is dumping trash in general. This is why they don't mention medical waste but talk about trash broadly."

— Evan Clausen, Mayor's Office · Email · April 7, 2026 · City openly admits it will not pursue medical waste violations — only "trash." The cleanup was classified as routine trash removal.

"We are coordinating the placement of two 30-yard dumpsters and a contractor to perform the cleanup."

— Thomas J. Barr, Property Management · Statement forwarded by Mayor's Office · April 7, 2026 · No licensed RMW hauler. No biohazard containment. No chain-of-custody documentation. Standard roll-off dumpsters at a confirmed medical waste site.

"DEC Spill Response covers petroleum and chemicals under 6 NYCRR Parts 597 — it does NOT include medical waste such as blood."

— Robert Poczkalski, P.G., michael.emery@dec.ny.gov Regional Spill Geologist · Email · March 25, 2026 · DEC's own geologist confirms DEC cannot act. DOH — which can — has never responded to any contact.

"I agree the DEC should have more transparency and accountability, but we unfortunately do not have oversight jurisdiction over them."

— Evan Clausen, Mayor's Office · Email · April 7, 2026 · City cannot force DEC to act. DEC says it's not their jurisdiction. DOH has not responded. The case has no enforcement owner.

"The city agrees the dumping is negligent and creates community hazards."

— Evan Clausen, Mayor's Office · Formal Record of Correspondence · April 14, 2026 · City acknowledges in writing that this is a community hazard — then formally states it cannot act and directs enforcement to state agencies who have also not acted.

Case Status

Status
Active — Under Investigation
Days Since Initial Report
Cleanup Deadline
Severity

Last Updated: April 21, 2026  ·  DEC Case #: 2509651  ·  Location: 301 Meadow Drive, North Tonawanda, NY 14120

Incident Overview

An illegal dumping incident was identified behind Mid City Plaza in North Tonawanda, near Ted's and Zapper's. Materials observed include items consistent with laboratory or medical-type containers — including blood collection tubes — scattered across the grass and parking lot behind the Tops supermarket, directly adjacent to North Tonawanda High School's property line.

Property management attributed the dumping to an unknown third party. On April 3, 2026, michael.emery@dec.ny.gov confirmed Quest staff collected additional medical vials from the site — no human pathological waste confirmed, though DEC noted the scope of the property means some materials may have been missed. DEC's Division of Law Enforcement continues investigating.

On April 14, 2026, Mayor's Office representative Evan Clausen formally documented in writing that a junk removal company — not a licensed Regulated Medical Waste hauler — was contracted for the cleanup. Clausen's letter also formally confirmed that the documenting party has been trespassed from the property, with the property owners installing fences and cameras. The letter was CC'd to Alderman Gabrielle Richards and Jamie Smith (Mayor's Office).

On April 17, 2026 at 3:30–3:33 PM, an independent post-cleanup site inspection was conducted from publicly accessible areas. 24 photographs were taken with EXIF metadata timestamps providing tamper-evident documentation that the cleanup used standard solid-waste dumpsters — constituting evidence of improper RMW disposal under 10 NYCRR Part 70 and 6 NYCRR Part 364. Independent soil testing remains pending.

TL;DR — What Happened Here

Escalation Status — April 21, 2026

This case has now been formally escalated to the highest level of state environmental enforcement available without court action.

NYS DOH
No Response
Silent since March 25, 2026 — days
Quest Diagnostics
No Callback Received
Complaint #550476 filed March 26 — days ago
DEC FOIL Deadline
April 27, 2026
days remaining — W162091 & W162900
NYS AG — EP Bureau
Complaint Filed
Voicemail submitted April 21, 2026 — awaiting response

Our Demands

These are the five specific actions being requested of state and local authorities. None have been fulfilled as of April 21, 2026.

1
Independent soil testing ordered by a government agency.
NYS DOH or michael.emery@dec.ny.gov must commission or require subsurface soil testing at 301 Meadow Drive to determine whether blood-derived biological markers, anticoagulants (EDTA/heparin), or hazardous chemicals have leached into the ground. No agency has ordered this.
2
Proof of lawful RMW disposal — chain of custody manifest.
The property owner and Rodriguez Construction Group must produce a certified waste manifest proving the materials were disposed of by a licensed RMW transporter under 6 NYCRR Part 364. DEC committed on the record (April 18) to verifying this. No manifest has been produced. Note: Rodriguez-CG called back April 20 expressing concern and stating they would contact property management — property management has not yet confirmed any action.
3
Formal NYS DOH facility inspection of Quest Diagnostics at 301 Meadow Drive.
Under 10 NYCRR Part 70, NYS DOH has authority to inspect RMW generators. Quest Diagnostics is a licensed medical lab at this address. A complaint was formally filed (tracking #550476). DOH has never responded to any contact in this case.
4
Full FOIL disclosure by the April 27 and May 1 deadlines.
Three open FOIL requests (W162091-031626, W162900-032926, W163146-040226) must be fulfilled on schedule. These cover all DEC records, supervisory correspondence, and ECO Shea's records related to Case #2509651. Any further extensions must include a documented justification.
5
NYS Attorney General investigation of compliance violations.
A formal complaint was filed with the NYS AG Environmental Protection Bureau on April 21, 2026 (9:51 PM). The AG's office has independent authority to investigate and prosecute violations of New York environmental law — including improper RMW handling, waste misclassification, and refusal to produce chain-of-custody records.

What Happens Next

⚠️

FOIL deadline — michael.emery@dec.ny.gov must respond to two open requests (W162091-031626 & W162900-032926) by April 27, 2026. Records will be reviewed immediately upon receipt and posted here.

Active actions and upcoming deadlines — updated April 27, 2026.

FOIL Appeal — W162091 — Overdue

DEC failed to produce records by the April 27 deadline. Administrative Appeal filed April 27, 5:01 PM. DEC must issue a final determination by approx. May 12, 2026. If they fail, a Committee on Open Government complaint will be filed.

FOIL W163146 — Deadline May 1

ECO Alexander Shea records — DEC must produce or respond by May 1, 2026. This FOIL is still open. Monitoring for response or extension attempt.

Soil Testing — No Lab Secured

UB Chemistry and UB RENEW both declined April 24. IsleChem on Grand Island is the recommended next contact (referred by UB CIC). Cornell CCE, ALS Labs, Eurofins, and Pace Analytical still pending. No government agency has ordered soil testing.

DEC — Active Investigation

Per April 18 recorded call: DEC Materials Management is actively investigating and identifying the waste. Waste classification still not final. April 26 Statutory Violation Notice sent to Commissioner Lefton — no response yet.

DOH — Circular Referral Loop

DOH LIU confirmed receipt April 23 (REF ID# 20260156) and referred matter back to michael.emery@dec.ny.gov — who already said medical waste is outside Spill Response authority. April 26 notice sent to Commissioner McDonald. No response yet.

New FOIL — To Be Filed

A new FOIL for all internal DEC waste classification communications was announced in the April 26 Statutory Violation Notice. Not yet submitted — must be filed with michael.emery@dec.ny.gov FOIL Center immediately.

Public Comment — Ongoing

North Tonawanda Common Council holds regular meetings with a public comment period. Residents can raise this issue directly with elected officials. Contact Alderman Richards at GRichards@northtonawanda.gov.

WGRZ-TV — Story In Progress

Rob Hackford (Anchor, WGRZ Channel 2 Buffalo — NBC/TEGNA) conducted an interview on April 19, 2026. Check back here for the story link when published.

NYS Attorney General — Complaint Filed

Voicemail complaint filed April 21 (9:51 PM) with the AG Environmental Protection Bureau. No response yet. Anyone can also file at ag.ny.gov/complaint-form to add independent pressure.

File AG complaint →
Part 2
The Evidence
Numbers · Violations · What should have happened vs. what did · Who failed and how

By The Numbers — What This Case Shows

8
Laws Violated or Implicated
Agencies: No Response
Officials Contacted
Open FOIL / FOIA Requests
23
Days of Documented Correspondence
115
Pieces of Photo Evidence
Days — Quest No Response
Maximum Accumulated Penalty Exposure
Calculating...
Based on days elapsed × $134,617/day maximum across 4 applicable statutes (ECL §71-2703, PHL §1389-bb, RCRA, CWA §311). No fines have been collected.

What Should Have Happened vs. What Actually Happened

Under New York State law, regulated medical waste has a strict legal chain of custody from identification to final disposal. Every step below was skipped.

✔ Required by Law
  1. Licensed RMW generator identifies and segregates waste
  2. Licensed RMW transporter contracted (6 NYCRR Part 364)
  3. Waste classified, manifested, and tracked (10 NYCRR Part 70)
  4. Materials transported to certified treatment/disposal facility
  5. Proof of lawful disposal provided to NYS DOH
  6. Site inspected for subsurface contamination
✗ What Actually Happened
  1. Vials found scattered in public parking lot — origin unknown
  2. Standard junk removal company hired (no RMW license)
  3. No waste classification, no manifest, no tracking
  4. Materials loaded into a standard 30-yard municipal dumpster
  5. No proof of lawful disposal provided to any agency
  6. No soil testing — subsurface contamination unverified

Source: DEC recorded call (Apr 18), Mayor's Office letter (Apr 14), post-cleanup site inspection photographs (Apr 17, EXIF confirmed).

Who Had Legal Duty — and Who Failed

Every party below had a specific legal obligation. Every one failed to meet it.

Quest Diagnostics FAILED

Duty: As RMW generator, legally required to track, manifest, and ensure proper disposal of all medical waste. Failure: No chain of custody. Vials found scattered in a public parking lot. Complaint #550476 filed March 26 — no follow-up in 24+ days.

Property Management — Mid City Plaza FAILED

Duty: Required to hire a licensed RMW transporter (6 NYCRR Part 364). Failure: Hired standard junk removal. 30-yard dumpster, no waste manifest, no licensed hauler. Confirmed by Mayor's Office letter, Apr 14.

City of NT — Code Enforcement NO ACTION

Duty: DEC referred case to NT Code Enforcement April 3. City has local solid waste authority. Failure: No enforcement action. City Attorney email bounced — address does not exist. Mayor's Office: city cannot enforce medical waste law on private property.

michael.emery@dec.ny.gov — Division of Materials Management JURISDICTION GAP

Duty: Spill response and materials management oversight. Gap: DEC spill authority covers petroleum — not medical waste (6 NYCRR Parts 597–598). Case remains open, classification pending, no enforcement action issued.

NYS Dept. of Health — RMW Program ZERO RESPONSE

Duty: Sole enforcement authority for RMW in NYS under PHL §1389-bb. Only agency with legal power to compel compliance. Failure: Has not responded to any contact since March 25, 2026. Formal complaints sent March 25, April 12 (urgent alert), April 12 (Director Symula). Six weeks of silence.

The Triangle of Inaction

Three agencies. Three excuses. Zero enforcement. Each points to another — the waste falls through the gap.

🏛
michael.emery@dec.ny.gov

"Medical waste is outside our spill response authority. Referred to NT Code Enforcement."

↓ PASSED TO CITY
🏙
City of NT

"The City cannot enforce medical waste laws on private property. This is a state matter."

↓ PASSED TO DOH
🏥
NYS DOH

The primary and only enforcement authority for RMW in New York State.

⚠ ZERO RESPONSE — 6 WEEKS

The only agency with actual enforcement authority has not responded to a single contact in six weeks. The waste was disposed of with zero regulatory oversight.

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NORTH TONAWANDA MEDICAL WASTE — DEC CASE #2509651 301 Meadow Drive, NT — ~500 ft from NT High School Reported: March 10, 2026 | Still open: April 21, 2026 WHAT HAPPENED: • Blood collection tubes found scattered in public parking lot • Quest Diagnostics confirmed ownership — complaint #550476 filed, no response • Cleanup used a 30-yard dumpster — no licensed RMW hauler, no manifest • DEC confirmed on record: property owner liable if RMW disposed as regular trash • No soil testing conducted. Case still open. Zero enforcement actions. WHO HASN'T RESPONDED: • NYS DOH (primary enforcement authority) — 6 weeks, complete silence • Quest Diagnostics corporate — 24+ days, no follow-up • City Attorney — email address does not exist (bounced) POTENTIAL FINES: $134,617/day across 4 statutes — none collected. Full documentation: https://quest-spill-2509651.neocities.org

Why Untested Soil Next to a School Matters

Visual cleanup does not equal safe cleanup. Here is what remains unknown and why it matters.

Bloodborne Pathogens

Blood collection tubes may contain residual blood. Pathogens including Hepatitis B, Hepatitis C, and HIV can survive in soil for days to weeks under certain conditions. OSHA classifies blood as a potentially infectious material.

Chemical Additives

Blood collection tubes contain chemical additives — EDTA, heparin, sodium citrate, clot activators. These are not benign. Subsurface leaching of these compounds has not been tested at this site.

Stormwater Runoff

The site is a paved parking lot with drainage infrastructure. Any subsurface contamination can migrate through stormwater into municipal drains — potentially reaching waterways near the school.

What Testing Would Show

LC-MS/GC-MS mass spectrometry (confirmed available at UB Chemistry) can identify specific chemical compounds in soil samples. Total nitrogen, pH, and organic loading tests can indicate biological contamination. None have been conducted.

Current status: UB Chemistry (CIC) and UB RENEW Institute both formally declined April 24, 2026. IsleChem (Grand Island, NY) is the next priority lab contact — recommended by UB CIC Director Valerie Frerichs. Cornell CCE, ALS Labs, Eurofins, and Pace Analytical inquiries still pending. Results will be posted here immediately upon receipt. No government agency has ordered or conducted soil testing at this site.

Frequently Asked Questions

Part 3
The Official Record
Agency responses · FOIL requests · Jurisdiction gaps · Correspondence timeline · Laws cited

Agency Response Tracker

Every agency contacted, their first contact date, and current response status.

Agency / ContactFirst ContactedStatusNotes

Jurisdiction Gap — Who Is Actually Responsible?

A critical issue in this case is that no single agency has claimed clear jurisdiction, creating a gap where the incident falls through the cracks of the regulatory system.

RESULT: No agency has taken clear ownership. The public is left without a confirmed investigation lead or enforcement action.

Outstanding FOIL / FOIA Requests

Records requests filed with government agencies. Track response deadlines and status here.

Reference #AgencyFiledDeadlineStatusNotes

Quick Navigation Index

Photos by Date
Emails by Date

Photographic Evidence — Before Cleanup

66 photos · 3 dates · Mar 10–29

Sorted chronologically by EXIF metadata. Click any image to enlarge. Do not contact with site materials.

Photographic Evidence — Post-Cleanup

24 photos · Apr 17, 2026

Documented April 17, 2026 at 3:30–3:33 PM — EXIF metadata confirmed. These photos show site conditions after the property management cleanup. Independent soil testing is still pending to verify subsurface contamination status.

EXIF Metadata Evidence: Improper Disposal in Solid Waste Dumpster

The 24 photographs below carry embedded EXIF metadata timestamps of April 17, 2026 at 3:30–3:33 PM. This timestamp cannot be altered without forensic detection and constitutes an independent, device-generated record of when the post-cleanup conditions were photographed.

These photographs document that the cleanup was conducted using standard solid-waste dumpsters — not a licensed Regulated Medical Waste (RMW) hauler as required by New York State law. On April 14, 2026, Evan Clausen of the Mayor's Office confirmed in writing that the property management hired a "junk removal company" to conduct the cleanup. No certified RMW manifest, licensed transporter, or approved treatment facility was engaged.

Applicable Violations — Documented by EXIF-Timestamped Photos:

  • 6 NYCRR Part 364 — Waste transporter permit required for RMW transport. Junk removal companies are not licensed RMW transporters.
  • 10 NYCRR Part 70 — NYS DOH Regulated Medical Waste program requires licensed generators, transporters, and treatment facilities. Disposal in an unlicensed solid-waste dumpster is a direct violation.
  • 6 NYCRR Part 360 / ECL §27-0711 — Solid waste management requirements prohibit commingling RMW with general solid waste at any stage.
  • ECL §71-2727 — Civil penalties up to $37,500/day for improper RMW disposal.

Summary: The EXIF metadata from these photographs establishes that on April 17, 2026 at 3:30–3:33 PM, medical waste materials were removed from this site using equipment consistent with standard solid-waste removal — in violation of NYS regulated medical waste disposal statutes. This documentation has been preserved and forwarded to NYS DOH and michael.emery@dec.ny.gov.

Correspondence Timeline

17 dates · 20+ contacts

All emails, calls, FOIA/FOIL requests, and official responses. Red headers = key escalation points.

Glossary of Terms

Acronyms and terms used throughout this report — for residents, journalists, and anyone unfamiliar with environmental regulatory language.

Key Contacts — Everyone We Have Reached

All officials, agencies, and parties contacted. Includes phone, email, and how to reach each one.

Part 4
Take Action
What you can do · Contact officials · File FOIL · Sign the petition · Share locally

What You Can Do

Every report filed and every contact made creates a paper trail. Here is how you can help apply pressure and support accountability.

File Your Own FOIL Request

Anyone can file a Freedom of Information Law (FOIL) request in New York State — it's free and takes 10 minutes. More FOIL requests on the same case multiply pressure on agencies to respond. Copy the template below and submit directly.

michael.emery@dec.ny.gov FOIL

Request all records for DEC Spill Case #2509651 at 301 Meadow Drive, NT.

File at dec.ny.gov →
City of NT FOIL

Request all city records related to 301 Meadow Drive and DEC Case #2509651.

File at northtonawanda.gov →
Copy-Paste FOIL Template
To Whom It May Concern,

Pursuant to the New York Freedom of Information Law (Public Officers Law §§84–90), I respectfully request copies of all records related to:

• DEC Spill Case #2509651
• Location: 301 Meadow Drive, North Tonawanda, NY 14120
• Date range: March 10, 2026 to present
• All reports, photographs, correspondence, inspection records, enforcement actions, and inter-agency communications

Please confirm receipt and provide an estimated response date.

Thank you.

Downloadable Documents

Official correspondence and case files available for download and sharing.

Incident Location

301 Meadow Drive, North Tonawanda, NY 14120 — behind Mid City Plaza, adjacent to North Tonawanda High School property line.

⚠ Medical waste dump site — rear parking lot
🏫 NT High School — approx. 500 ft away
📍 Publicly accessible parking lot

Open in Google Maps  ·  View DEC Spill Record #2509651

🏫

NT High School Parents & Staff — Read This

The dump site at 301 Meadow Drive is approximately 500 feet from North Tonawanda High School. Blood collection tubes were found scattered in a publicly accessible parking lot. The cleanup used a standard garbage dumpster — not a licensed medical waste hauler. No soil testing has been conducted to verify subsurface contamination.

Independent soil testing has been requested from UB Chemistry and Cornell CCE — results are still pending. Until testing is complete, subsurface contamination status is unknown.

Email Alderman Richards → Email NYS DOH →

Share this page with other NT High School families using the Share button above.

Before / After Documentation

Comparative documentation showing site conditions before and after cleanup. EXIF metadata timestamps verified on all images.

Before Cleanup

March 10 – March 29, 2026

66 photos · EXIF: Mar 10–29, 2026

View all before photos ↓

After Cleanup

April 17, 2026 · 3:30–3:33 PM

24 photos · EXIF: Apr 17, 2026

View all post-cleanup photos ↓

⚠ Independent soil testing still pending — visual cleanup does not confirm subsurface remediation.

Independent Lab Results

Soil and environmental testing results from independent laboratories. Samples collected from 301 Meadow Drive site.

Timeline of Events

Activity Log

DateActivity

Public Action and Government Engagement

On April 7, 2026, Ash Tower addressed the North Tonawanda Common Council during the public comment period, formally presenting concerns about the dumped medical waste — including the presence of potentially hazardous materials, use of non-licensed disposal methods, public and worker safety risks, and the need for clear regulatory oversight and accountability.

This appearance is part of the official public record. Meeting minutes are available on the City of North Tonawanda website. Video of the public comment is available on the NT Clerk Treasurer Facebook page — look for the April 7, 2026 Common Council meeting recording (approx. 1 hr 16 min).

This public record establishes that the issue was formally acknowledged within a municipal setting prior to the April 12 escalation and the April 14 Mayor's Office formal response.

Press & Media Coverage

This incident involves matters of significant public interest: potential improper handling of medical waste adjacent to a public high school, regulatory jurisdiction gaps between state agencies, and ongoing enforcement questions.

All documentation on this site — photographs, agency correspondence, FOIL records, and official responses — is available for media review and publication.

News Coverage

Media Contacts

Press Inquiries — Ash Tower

greatlakes.eco.nrcs@gmail.com

For interview requests, document access, or additional information please reach out directly.

Reporting — Rob Hackford, WGRZ-TV Channel 2 Buffalo (NBC/TEGNA)

Robert.Hackford@WGRZ.com  ·  (716) 277-8802

Anchor/Multi-Skilled Journalist/Producer. Contacted April 18 — interview conducted April 19, 2026. CC: WGRZ.NewsDesk@wgrz.com

Key story angles:

  • Medical waste found scattered in parking lot adjacent to North Tonawanda High School
  • DEC case still open — materials management actively investigating, waste classification pending (Apr 18 recorded call)
  • City Fire Department and Building Department claim no records of the incident
  • Multiple FOIA/FOIL requests filed — some responses still pending
  • No enforcement action taken against responsible parties as of April 12, 2026
  • Property management plans to use standard 30-yard dumpsters — no certified medical waste hauler

Public Reporting Tool

Submit reports to local officials, the Niagara County Health Dept, or michael.emery@dec.ny.gov.

Where to Share Locally

The more people who know about this, the harder it is to ignore. Share in these local channels for maximum impact.

Demand Accountability — Add Your Voice

Medical waste was dumped next to a public high school. No agency has taken enforcement action. No responsible party has been held accountable. Sign the petition and share it — public pressure creates accountability.

2 signatures — every one counts. Be next.

Sign the Petition on Change.org Share This Page
You can also email officials directly using the templates in the Take Action section above.

Follow & Stay Updated

Follow for updates, new photos, and public awareness posts about this incident.

@grassrootsceap
QR code — quest-spill-2509651.neocities.org Scan to open this page — print on flyers

Publish to Neocities

Your live site: quest-spill-2509651.neocities.org  ·  Follow these steps every time you update. Check off as you go.

Step 1 — Prepare Files on Your Thumb Drive

Everything goes in the ROOT — no subfolders

index.html ← renamed from questDumping.html
IMG_9041.JPEG … IMG_9753.JPEG (115 photos total)
corsponacde evan clawson.pdf ← NEW
ub emAIL RESPONCE.pdf ← NEW
non compient-04152026173206.pdf ← NEW
emory email.pdf ← NEW
dec voice mail.pdf ← NEW
rob hackford.pdf ← NEW
voice pdf.pdf ← NEW
ub LABS.pdf ← NEW
als labs.pdf ← NEW
FIN2.pdf ← NEW
fin.pdf ← NEW
PCE labs.pdf ← NEW
DUMPSTER FOLLOW UP.pdf ← NEW
EP OFFICE.pdf ← NEW
+ all previous PDFs (30 total)

Step 2 — Upload to Neocities

Filename rules: Neocities is case-sensitive. Upload files with the EXACT filename shown in the site — including capitalization and spaces. A mismatched filename = broken link.