Language in environmental document regarding past contamination leaves residents uncertain about safety of LaSalle Park
SOUTH BEND, Ind. -- Beck's Lake at LaSalle Park was used as an illegal dumping ground from the 1930s to the 1950s, leaving behind toxins in the soil such as lead and arsenic.
The Environmental Protection Agency along with the City of South Bend and Honeywell has overseen lead remediation and the overall cleanup of the Beck's Lake Superfund Site, which was listed on the EPA's National Priorities List in 2013.
The Environmental Restrictive Covenant, a contract from earlier this year, lays out what the land can and cannot be used for.
One of the restrictions states the land can't be used for residential purposes. This includes daycares and K-12 schools. At Large Common Councilmember Dr. Oliver Davis expressed his concerns.
"When you read some of the reports, it says 'well as long as they don’t disturb the ground to a certain level then they’re ok but if they disturbed the ground or put something in the ground, it could lead to the ground being disturbed and then you have a problem.' Well, we have a lot of picnics out here. We have the Juneteenth picnic. We have many other reunions out here that are packed and they say it's ok for temporary picnics and things like that, but at the same time, it’s saying there’s caution for children. You’re getting two different messages out here," said Davis.
The restrictions in the document are as follows:
The owner:
- Shall not use or allow the use of the Real Estate for residential purposes, including, but not limited to, daily child care facilities or educational facilities for children (daycare center or K-12 schools)
- Shall not use or allow the use or extraction of groundwater at the Real Estate for any purpose, including, but not limited to: human or animal consumption, gardening, industrial processes, or agriculture, except that groundwater may be extracted in conjunction with environmental investigation and/or remediation activities.
- Shall not use the Real Estate for any agricultural use, including community gardens.
- Shall neither engage in nor allow excavation of soil at the Real Estate, depicted in Exhibit B, unless the Soil Management Plan, described in VFC #80498242, 82550747, 82633086, 83457942, 83583404, 83583417, 83790575 and any IDEM approved updates are followed and the Department is notified prior to initiation of work.
- The final cover, depicted in the TCRA Construction Completion Report, dated January 20, 2023, VFC # 83509511 (refer to Exhibit D for figure), should be operated and maintained so as to protect its functional integrity and it should also adhere to any EPA and IDEM approved institutional control implementation and assurance plans (ICAPs), if applicable.
- Shall prohibit any activity at the Real Estate that may interfere with the groundwater monitoring or well network. Refer to Exhibit E and GPS coordinates.
Though the illegal dumping took place decades ago, it's now a 2026 problem, because a crucial part of the contract that restricts what the land can be used for states that the soil shouldn't be disturbed, in order to be considered safe.
The language is causing some confusion and concern about whether LaSalle Park is safe for use.
Some lifelong residents spoke to ABC57 about their concerns but asked to remain anonymous. One man grew up in the area and was living in the LaSalle Park neighborhood when the soil testing began, "I want to say they might’ve cut down 70 trees, so they got rid of a bunch of trees. They planted 80 trees after they took them up, so they replaced more than they took out but they did turn the soil," he explained.
Another man still doesn't know whether the area is safe or not, "They had environmental trucks out here to check the soil to see how good it was. They were here about four or five months. When they left, they never told anyone anything, so we were left it in the dark.”
The two men say they're not familiar with the contract formed on February 10.
Neighbors tell us they wonder why it was never presented to the Common Council. The City Spokesperson says the ERC was presented and approved in multiple public meetings, both the Board of Park Commissioners and the Board of Public Works, which own the land.
One of the restrictions states the land can't be used for residential purposes. This includes daycares and K-12 schools. At Large Common Councilmember Dr. Oliver Davis expressed his concerns.
"When you read some of the reports, it says "well as long as they don’t disturb the ground to a certain level then they’re ok but if they disturbed the ground or put something in the ground, it could lead to the ground being disturbed and then you have a problem." Well, we have a lot of picnics out here. We have the Juneteenth picnic. We have many other reunions out here that are packed and they say it's ok for temporary picnics and things like that, but at the same time, it’s saying there’s caution for children. You’re getting two different messages out here," said Davis.
Click to read the entire Environmental Restrictive Report.
The City Spokesperson shared this statement about the covenant, which was signed by Elizabeth A. Maradik, President of the City of South Bend, Board of Public Works.
"In 2022, the City and Honeywell remediated LaSalle Park to ensure the safety of the park for visitors and neighbors. With the complete cleanup, the ERC is a positive step towards ensuring the permanent use and safety of LaSalle Park.
The ERC permanently memorializes the safety use restriction of the EPA & IDEM; required by the EPA & IDEM since at least 2012. The finalized agreements are also required as part of the process to get LaSalle Park removed from the EPA listing.
The ERC was presented and approved in multiple public meetings earlier this year by both the Board of Park Commissioners and the Board of Public Works, the two entities that own the land subject to the ERC. The mayor does not sign the ERC."