Statement of Tim Tobin, Elmira, NY

My son, Michael, was diagnosed with testicular cancer on November 22, 1999. At that time, he was a fifteen-year old sophomore, who ran cross-country, track, and raced bicycles. Nothing I can say can describe the feelings his mother and I experienced when told "your son has cancer". Michael underwent immediate surgery. In January 2000, we flew to Indianapolis for additional surgery at the center where Lance Armstrong was treated.

Within a week of my son's diagnosis and first surgery, a parent whose son was diagnosed with testicular cancer two years prior contacted me. This father and 1 began a dialogue about cancer and the oddities of this disease. It would not be long until a third young man would come to be diagnosed with testicular cancer. Researching National Cancer Institute Data, first to find information about the nature, treatments, and survivability of this cancer, and later to assess the "peculiarities" of testicular cancer cases among young men led me to a startling discovery.

The NCI data for the occurrence of testicular cancer is between 3 to 4 cases per 100,000. Almost 70% of these cases occur in men in their mid twenties to early forties. Rates for people of Hispanic descent, such as my son, are less. The NCI statistics, in addition to with what I would later learn about chemicals used in industrial manufacturing that are in the ground where my son attends school, lead me to this conclusion--I had a greater statistical likelihood of developing testicular cancer than my son, unless there was another factor at play. Coupled with the growing awareness of other cancer cases, this was cause for concern and inquiry.

Elmira, NY has been home to many former industrial sites typically found in northeastern cities. My son's high school was built on a site that had experienced 100 years of industrial use. During the years of manufacture, some of the chemicals used and that are still present on the site include, but are not limited to PCB's, chromium, beryllium, arsenic, lead, nickel, zinc, phthalates and trichloroethelene. All of the above chemicals are known to, or highly likely, to be carcinogenic.

In evaluating the site various criteria was used to determine safety. Many of the chemicals in the soils at Southside High School and in the industrial site that still stands right next door exceed acceptable human exposure limits from either the EPA or the NYSDEC. However, they were still determined to be safe. In many cases, the NYSDOH stated that exposure would not occur due to a "well established grass cover" (NYSDOH Preliminary Draft August 22, 2000)

I have also read recent federal studies on phthalates have indicated that exposure to this chemical causes "testicular lesions" in lab animals. (Center for the Evaluation of Risks to Human Reproduction). I also must question the inherent contradiction that this area is safe when several experts have repeatedly stated that "we could not build this facility here today as it would not pass industrial standards." And no where in all of the data, studies, and reports from any of the different investigate or public health agencies, is there a mention that this site is on or directly contiguous to a DEC Class 2 Superfund site. This information, taken directly from DEC files by NYPIRG, was published in the Elmira Star-Gazette on May 30, 2001.

I would submit that clear-cut standards of chemical levels and exposure levels be implemented across the board. Further discussion, such as issues raised by the U.S. News and World Report on June 19, 2000 or measures recommended in "Poisoned School-- Invisible Threats, Visible Actions," needs to be engaged. Clean-up measures should be taken to meet these standards. Public notification of schools when an industrial clean up takes place is a must. In September of 1999, such a clean up was taking place during school hours at the site next door to my son's school. I can only imagine the chemical exposure that children were unknowingly subjected to from this activity.

I believe that industrial waste is a danger to humans. I believe that a more diligent, cooperative approach to "fix" the problem, rather than place blame is needed.

In particular, I believe that these substances are enhancing the risks and rates of cancer in our children. This is one risk that needs to, and can be, eliminated.

I would like to thank the City of Elmira and its elected officials for the position and leadership they have taken on this issue. I would like to thank all of the members of the committee for your interest in this matter,

Respectfully submitted,

Timothy J. Tobin Elmira, New York June 11, 2001