NIAGARA FALLS — A contractor who has been outspoken about radioactive material beneath Lewiston Road may be given more time to finish his reconstruction of the road.

The City Council will decide tonight whether to approve an extension of the existing $7.71 million contract for West Seneca contractor Man O'Trees.

"Between changes that had to be made because of uncontrollable conditions and delays getting started with radioactive removal, we knew there was going to have to be an extension," Mayor Paul A. Dyster said. "After fits and starts, there seems to be a lot of progress done on the project."

The extension would last until March 18, 2012, with an expectation that paving would stop in the winter and a spring schedule would then be created. The current contract expired Friday.

The project, aimed at rebuilding Route 104 between Bath Avenue and Findlay Drive, has been over-budget and plagued by delays, including the need for the contractor to obtain a state license for handling radioactive materials and unforeseen utility work.

In June, about $600,000 in changes were made to the project, though city officials said the money would be shifted from other items in the contract to prevent the need for additional city funds. Other construction costs are expected with the extension.

The potency of the radioactive waste, or "slag," is at the heart of a disagreement between city officials and Man O'Trees owner Dave Pfeiffer, who claims he has collected readings 10 times greater than normal levels.

"All I want to do is let everyone know that it's there," Pfeiffer told The Buffalo News. "It's there, and it's bad [stuff]."

Pfeiffer was approached by a woman who asked whether her child faced a possible health risk living in the neighborhood.

"I said, 'If you have the ability to move away from here, move,'" Pfeiffer said.

City officials expected to find the slag, Dyster said, and a public meeting with concerned residents was held in 2008 to inform them of the removal process.

The area was extensively studied in 2008, and a report was prepared by Science Applications International Corporation. The report, provided by city officials, identified 32 areas of elevated radioactivity. High levels of uranium were encountered near roadway curbs in 10 instances. Curbs are commonly made of granite and include uranium.

The radioactive material found under the road recently was "slightly elevated" above expected radioactive levels, according to a fact sheet from the state Department of Environmental Conservation.

DEC officials, citing information gathered by the state Department of Health in 1980, said the slag is not considered a health risk. It is only being removed because of the road project, Dyster said.

The slag originated from industrial processes in the phosphate industry several decades ago, officials said, and contains Uranium, Radium and one small area of Thorium.

The slag must be separated from the rest of the roadbed material and is subject to DEC regulations once it is removed. Pfeiffer contends the remaining dirt removed from the slag — especially on Findlay Drive — is highly radioactive. The slag will be disposed of in a Michigan facility.

Pfeiffer estimates the project is one-third complete and will be finished by early fall to late 2012.

"They're working to try to get the project completed south of College Avenue," the mayor said. "When that section opens up, that's going to [fix] the existing inconvenience."

cspecht@buffnews.comnull