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Even though the family is innocent, DEC and the State Attorney
Generals office have held the Leclercs responsible for
the cost of the cleanup of fuel tank leaks dating from before
they owned the property.
When the couple bought the property, the previous owner had
told them in the contract that there were two buried gasoline
tanks, the one currently in use and another with a broken pump,
Stephen wrote the Governor. When DEC and Precision Environmental
Services investigated, the family discovered that there were
seven buried tanks instead of two. All had leaked except the
one that the Leclercs had kept in service. The other five tanks
had their fill pipes cut off and buried.
The cleanup became extremely expensive. After the family exhausted
its resources and went bankrupt, the State put a lien on the
property. The Leclercs tried to keep on, but finally had to give
up operating the store. It sits vacant for three years. While
keeping up with $3,000 yearly in property taxes on the store,
the Leclercs are still paying off a mortgage on the purchase
price of $80,000.
The State claims that it is just doing its job, enforcing
the law and protecting the environment, according to reports.
The point is apparently lost on the State that the Leclercs are
innocent. The inexplicably high cost of the cleanup under DECs
direction is apparently not an issue to the State. The fact that
the once-attractive Mom and Pop retail establishment, an important
community center for the town of Hadley, sits with the windows
boarded up seems to be meaningless to the State. Recently Stephen
Leclerc pointed out even a person charged with murder is afforded
the opportunity for a trial, but he was not.
The LeClercs store is among at least a half-dozen
general stores in the lower Adirondack region that have liens
filed against them by the state to cover the cost of cleaning
up leaks from underground fuel tanks, according to the
Glens Falls Post Star. Some store owners say theyre
losing their life savings because of the cleanups.
In a major front-page story on August 1, journalist Thom Randall
pointed out, General stores in the hamlets of Johnsburg,
Wevertown, Olmstedville and Starbuckville all had fuel leaks
that were cleaned up by the state Department of Environmental
Conservation. State liens were filed against the properties
to cover the cleanup costs even if the current owners of
the stores didnt cause the contamination, he reported.
The newspaper described the fate of the Crossroads store in
Starbuckville in the town of Chester. Ethel Charron and her late
husband Armand used to own it, but the state filed $550,000 in
cleanup liens against them. The Post Star reported that
Chester Supervisor Frederick Monroe said that the cleanup bills
were pumped up and punitive. Armand Charron was driven to the
brink and died from a heart attack a few years later, Mr. Monroe
told the newspaper. Ethel Charron told the reporter that up to
fifteen people lost their jobs when the store closed.
Other nearby general stores closed, also, as a result of the
States imposition of fuel cleanup liens, according to the
Post Star article and people in the region who commented
after the article appeared.
The loss of these general stores as a result of the unjust
cleanup costs imposed by DEC is tearing at the fabric of upstate
communities. Often the only store in town, the general store
is a hub of the community. In addition to shopping for everything
from groceries to fishing supplies, people start the morning
in these stores over a cup of coffee and continue to gather during
the day to keep in touch with all the local happenings. By causing
vacant general stores in the center of small hamlets, DEC is
inflicting blight on these struggling towns.
© 2002 Property Rights Foundation of America,
Inc.
All rights reserved. This material may not be broadcast, published,
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