Wednesday, August 20, 2008

State settlement proposed for libby asbestos case

Libby, Montana - Only a few weeks after the federal government announced it may finally reach a settlement with W.R. Grace & Company, Montana state officials say they are also ready to sign an agreement with the company which may see more Libby asbestos claims settled. The Environmental Protection Agency announced in April that it had negotiated a $250 million settlement with W.R. Grace & Company. The money would be used to reimburse the agency’s Superfund and pay for the costs of cleaning up the contamination in Libby which was caused by the company’s mining operation in the town. The Montana Department of Environmental Quality today announced a proposed $5.1 million settlement, which will provide additional money to help fund future clean-up costs in Libby. The proposal will soon be open for public comment, and it must be approved by W.R. Grace’s bankruptcy judge. The funds allotted to the Montana Department of Environmental Quality will be separate from the $250 million settlement, and will not come from that money. The DEQ says the $5.1 million will be used only after the EPA’s main clean up project has been finished, and that the money will be used for maintenance and other operations. DEQ Director Richard Opper said, “Since Grace is already paying $250 million for cleanup costs here, we were not going to get a lot of additional funding through the bankruptcy. We are pleased that we were able to get at least a significant sum to help ensure that there is adequate funding to do this cleanup right.” DEQ Remediation Division Administrator Sandi Olsen said, “The EPA settlement currently earmarks $11 million for operation and maintenance. This settlement increases that funding by over $5 million. Of course, operation and maintenance comes at that end of the process, so there should be a substantial amount of interest earnings to cover these costs as well.” The proposed DEQ settlement covers commercial and residential property in Libby and Troy, both of which are affected by the asbestos-contaminated vermiculite mine once operated by W.R. Grace & Company. The mine itself and the land around it will be addressed separately. The proposed agreement, including information about commenting on it, can be found on the Montana DEQ web site at www.deq.mt.gov. Comments must be received by July 7, 2008. (Source: Asbestos and Mesothelioma News)

Asbestos contractors fined in new york and virginia

Two contractors have this week been fined as a result of improper handling of asbestos-containing materials. They are the Cinter Construction Company, Inc. of Williamsburg, VA and AAPEX Environmental Services Inc. of Liverpool, NY. Asbestos was a common component of construction materials up until the 1980s due to its high fire resistance and other desirable factors, but the demolition or renovation of older buildings means the asbestos they contain must be dealt with appropriately. Dumping of asbestos-containing waste in any location other than a licensed landfill is illegal due to the hazards associated with asbestos exposure. Inhalation of asbestos fibers can cause lethal diseases such as asbestosis and mesothelioma due to the chronic inflammation that the fibers cause in the lungs. Due to the hazards of asbestos exposure, removal and disposal of the substance must be carried out in accordance with strict state and federal regulations. This means asbestos must be removed from buildings using specific safe methods, and must only be disposed of at landfill sites which are equipped and licensed to handle the substance. Failure to adhere to laws and regulations controlling asbestos handling can lead to hefty fines, as the two contractors discovered this week. The Williamsburg, Virginia incident concerns the Cinter Construction Company, Inc., which was found by the Department of Environmental Quality to have dumped asbestos-containing waste from a $14 million Navy housing construction site in downtown Newport News. The construction company had illegally dumped asbestos waste at a Suffolk landfill, mistakenly believing it was uncontaminated soil. However, when DEQ officials took samples of the twenty truckloads of waste dumped at the landfill, they found that asbestos was present. The second incident, in Liverpool, New York, occurred after a contractor admitted in federal court to illegally removing and disposing of asbestos-containing materials. The contractor admitted to having been handling asbestos illegally for more than ten years. AAPEX Environmental Services Inc. of Liverpool, NY also admitted to defrauding an insurance company. It had done so by failing to inform its insurer that it was carrying out activities in which asbestos handling was involved, in order to obtain lower insurance premiums. AAPEX Environmental Services Inc. has agreed to pay a fine of $166,700 as part of a plea deal. The deal also involves an agreement to permanently cease handling asbestos-related work. (Source: Asbestos and Mesothelioma News)

Tuesday, August 19, 2008

Oregon deq fines asbestos abatement company

Oregon â€" This week the Oregon Department of Environmental Quality announced it had issued eleven penalties, for a total of $73, 560, in the month of April. The largest penalty? A fine issued to an asbestos abatement company for improper and illegal asbestos removal. April’s largest penalty was issued to Performance Abatement Services, Inc., a DEQ-licensed asbestos abatement contractor. The penalty was issued in connection with a series of asbestos violations that occurred while the company was carrying out an abatement project in September 2007 at the Candalaria Mall in Salem. The Oregon DEQ first became aware of the asbestos violations when agency representatives carried out a compliance inspection on September 12, 2007. The inspector noticed that ceiling tiles containing asbestos had been removed and packaged for disposal by the abatement company, but had not been properly wetted down as Oregon law requires. In addition, the DEQ representative noticed that asbestos sheet vinyl flooring, which was contained in waste bags on the site, had also not been wetted down properly. As well as these problems, the DEQ also noticed that other materials that were potentially contaminated with asbestos, including carpet, wood, metal, and fiberglass insulation, that should have been considered asbestos-containing materials, had not been properly packaged in leak-proof containers. The contaminated waste was being hauled off the site and treated as normal uncontaminated demolition debris. The DEQ says that around 12,000 square feet of asbestos-containing materials were removed from the project site. According to the DEQ, “Because asbestos-containing waste material was allowed to accumulate at the mall site after the abatement and then hauled off site as demolition debris, workers and the public were potentially exposed to asbestos fibers released into the air.” Wetting down asbestos-containing materials is an important part of abatement work because it reduces the possibility of asbestos fibers being released into the air (where they can be inhaled). Materials that were removed from the site contained between 2% and 20% Chrysotile asbestos. According to the DEQ report, “Asbestos fibers are a respiratory hazard proven to cause lung cancer, mesothelioma and asbestosis, and asbestos is a danger to public health and a hazardous air contaminant for which there is no known safe level of exposure.” The fine issued to Performance Abatement Services, Inc. totals $24,900. The asbestos contractor appealed the penalty but a hearing has not yet been scheduled. (Source: Asbestos and Mesothelioma News)

Asbestos drives up costs of school demolition

Whitman, Massachusetts - Asbestos that was discovered during the demolition of a school has driven up the demolition costs by almost six times. Demolition of the Holt School in Whitman, Massachusetts was to have cost around $300,000. However, after asbestos was discovered, the cost has gone up to more than $1.6 million. Town Administrator Frank Lynam said asbestos was found in tiles, floor lining beneath the tiles, and in exterior bricks used in construction of the original school buildings. Lynam also said that the pre-demolition asbestos survey which had been carried out was inadequate, as it had failed to find any of the asbestos that was discovered during the demolition. The discovery of asbestos drives the cost of demolition up considerably for several reasons. First is the fact that the asbestos must be removed before the school buildings can be demolished. Leaving the asbestos intact during demolition could potentially spread large clouds of asbestos dust into the environment, creating an environmental and health hazard. Second, the asbestos removal must be carried out by professional contractors who are licensed to handle asbestos. In addition, special procedures must be used in removing the asbestos, to prevent the dispersion of asbestos dust. These procedures include a process called wet removal, in which asbestos-containing materials are wetted down before they are removed, to prevent the release of dust and airborne fibers. Finally, the cost of disposing of asbestos waste is significantly higher than disposing of non-hazardous material. Asbestos disposal is generally around three times more expensive than disposal of non-hazardous waste. All of these are particularly important considerations that are necessary to prevent asbestos exposure to anyone involved in handling the substance. Even a small amount of exposure can cause a deadly cancer called mesothelioma. The health hazards of asbestos exposure have prompted most states to have strict regulations about handling the substance, as well as regulations governing demolition of buildings that contain it. However, the very high cost of this abatement could have been at least partially avoided. Had the town known of the asbestos earlier, Lynam said, the cost for asbestos abatement would be lower, as the town would have been able to put the work out for contractor bids. Instead, the town has had to pay a higher cost to get the work done with minimum delay. (Source: Asbestos and Mesothelioma News)

Monday, August 18, 2008

Four new asbestos lawsuits filed in west virginia

Charleston, West Virginia - Four families have filed asbestos-related lawsuits, claiming that a family member has suffered from an asbestos-related disease as a result of working with or around asbestos-containing products. In total, the four lawsuits name 124 different defendants. The lawsuits were filed in Kanawha Circuit Court in West Virginia by the attorneys of the plaintiffs. Each of the four suits involves a man who has developed an asbestos-related disease as a result of past exposure to asbestos, and in two of the cases the men who developed the diseases have already died. Asbestos-related diseases such as asbestosis, lung cancer, and mesothelioma cancer continue to increase in incidence as people who were exposed to asbestos decades ago begin to realize the devastating legacy of the substance. In most cases of asbestos exposure which occurred last century, those exposed had no idea they were putting themselves at risk of developing chronic lung diseases or deadly asbestos cancers. The first suit was filed by Doris Bowen of Barboursville, on behalf of the estate of Lemuel Bowen. Lemuel Brown developed asbestosis and lung cancer, and worked in Huntington as a welder at the American Car Foundry. Also of Barboursville is Virginia Harris, who filed on behalf of the estate of Jack Harris. Harris has developed asbestosis and lung cancer, and worked for several years for IBEW Local 317 as an electrician. The third suit was filed by Walter Socha, of Martins Ferry, Ohio. Socha worked at Wheeling Pittsburgh Steel as a laborer and pipefitter, and has developed asbestosis and lung cancer. The fourth suit was filed by John F. Stoll and Betty J. Stoll, who currently reside in Wintersville, Ohio. John Stoll worked Weirton Steel in Weirton, West Virginia as a crane operator, electrician, and laborer. He has developed asbestosis and mesothelioma. The lawsuits state that each of the plaintiffs was exposed to asbestos in products which were manufactured, supplied, or sold by one or more of the various named defendants. The suits also allege that the defendants failed to provide warnings about the dangers of asbestos and of their asbestos-containing products, and failed to provide information about safety procedures to reduce or prevent exposure to asbestos. Each of the plaintiffs is seeking punitive as well as compensatory damages. Virginia Harris and Doris Bowen have filed wrongful death suits. (Source: Asbestos and Mesothelioma News)

Fire clean-up continues in corinth, ny

Corinth, New York - Clean up of asbestos-laden fire debris has been a week-long job in the village of Corinth, New York, where fire destroyed three businesses on the town’s main street in February. Clean up of the burned-out building sites began on Thursday and could be finished as early as Monday, says site supervisor for Rensselaer-based BCL Services Inc, Brian Hladik. The presence of asbestos in the burned buildings has increased the cost of the clean up somewhat. Asbestos was a common addition to many different types of construction materials up until the 1980s. Cheap, light, durable and highly fire resistant, asbestos was typically considered something of a “wonder mineral” and was used in appliances, fire-resistant protective fabric, and many other items in addition to construction materials. However, many businesses and home-owners and workers are now paying the price, due not only to the high cost of asbestos abatement and removal, but also to the personal costs of asbestos exposure, in the form of chronic lung diseases and asbestos cancer. Cleaning up a burned out building which contains asbestos construction materials is a difficult and time-consuming-not to mention expensive-process due to the precautions which must be taken to protect workers and the public from asbestos exposure, and to prevent the release of asbestos fibers into the environment. Asbestos fibers are considered safe as long as they are trapped within the matrix of construction materials such as cement products and plasters. However, damage such as remodeling, demolition, and fire damage breaks up construction materials and can potentially release large amounts of inhalable asbestos fibers into the air. For workers involved in cleaning up the three Main Street businesses in Corinth, that means extra precautions taken to prevent asbestos exposure and release of asbestos fibers. For the business owners, that means extra expenses incurred in clean up, due not only to the measures that must be taken on site, but also because disposal of asbestos containing waste is around three times more expensive than disposal of non-hazardous waste. Luckily for these business owners, the clean up has been partly funded by a “small cities” grant which was given to the village. In mid-May, members of the Village Board voted to help the owners of the businesses clean up the sites by providing a subsidy of $74,000. (Source: Asbestos and Mesothelioma News)

Sunday, August 17, 2008

Asbestos concerns for business owners at colorado mall

Craig, Colorado â€" Owners of businesses located near the Country Mall in Craig, Colorado, are concerned that the presence of asbestos in the mall may have a negative effect on their customer base. However, the possibility of exposure to asbestos isn’t the only thing concerning local business owner Steve Bell, who runs the Furniture Gallery of Craig. When officials posted signed warning of the asbestos contained within the building, Steve Bell began to worry that customers might stay away: “I wonder if people look at that [sign] and worry if it’s dangerous to come around here. There’s a lot of comments from people coming into the store, asking when that eyesore is going to go away.” The Country Mall is located in a burned-out building that has been in disrepair since it burned down in November 2007. The building is now known to contain asbestos but there are no definite plans to begin a clean-up. One reason for this is that the asbestos has to be cleaned up before any renovation or demolition work can take place. However, the owners of the building, Veldon Behrman and Marvin Cortner, say they are waiting to hear from the building’s insurers before hiring contractors to clean up the building. State law requires that the Country Mall site be cleaned up before any further developmentâ€"whether it be renovation or demolitionâ€"can take place. Some areas of flooring contain up to 25% asbestos, and several other locations in the building are contaminated with the hazardous mineral. Roy White, regional manager of King¬ston Environmental Services, a company that carries out clean-up of hazardous material, said that it was possible that wind might blow asbestos to other areas. White added that it would be unlikely to occur in the case of the Country Mall due to recent wet weather that would greatly reduce the likelihood of asbestos becoming airborne. White does say, however, that the insurance company has perhaps taken an unnecessary amount of time to pay the claim on the Country Mall, saying that the owners of the building “need to get it cleaned up and cleaned up quick.” The owners of the building say they would like to begin cleaning the building as soon as possible, but their hands are tied until the insurance claim is settled. (Source: Asbestos and Mesothelioma News)

Union files complaint after asbestos found in baltimore building

Baltimore, Maryland â€" A Child Welfare Services building at 1510 Guilford St in Baltimore may have an asbestos problem that exposed up to 350 state employees, as well as countless numbers of children who have visited the building. According to the American Federation of State, County and Municipal Employees, over the weekend, outside maintenance contractors working at the building found suspected asbestos on pipes. The workers alerted the Maryland Occupational Safety and Health Administration to the potential danger on Monday 28 April. Asbestos is known to cause more than one type of cancer, as well as other serious and chronic health conditions. In general, long-term or heavy exposure increased the likelihood of developing an asbestos-related disease, but cancers can potentially develop after relatively small amounts of exposure. However, because asbestos-related cancers take anywhere from two to five decades to develop, it’s not possible to ascertain whether a risk is present based on whether people have recently gotten sick. Union spokesperson Joe Lawrence said there was supposed to be a meeting about the issue, but it was first postponed twice, and then eventually cancelled. Lawrence says it’s been difficult to get any information about the incident. Employees have apparently been complaining about dangerous conditions in the building for a long time. Last summer, employees filed a complaint with the Maryland Occupational Safety and Health Administration about water leaks and rodent infestations. The MOSH issued an extermination order but according to union officials, didn’t continue with regular inspections as promised. Joe Lawrence says that the building has a history of problems, and the union isn’t satisfied that the MOSH is taking all of its concerns seriously. Brian Wilbon, Deputy Secretary for Operations at the Department of Human Resources, says that there were no contractors working at the building over the past weekend. In addition, says Wilbon, the building has been inspected two separate times over the past year, and asbestos was not found on either occasion. Wilbon said that the results of both of those inspections were presented to workers at meetings held during the year, and also says he would not hesitate to remove staff from the building if he believed that there was any danger present. Currently around 350 Maryland Department of Social Services employees are working in the building, which is on lease to the state. (Source: Asbestos and Mesothelioma News)

Saturday, August 16, 2008

Epa to conduct air tests at iowa tornado site

The Environmental Protection Agency will monitor air samples in Parkersburg, Iowa as part of the massive continuing clean-up efforts in the wake of the EF-5 tornado which swept through the area on May 25, killing six people and injuring almost seventy others. EPA Region 7 personnel will be testing for asbestos and other particulates in the air, to ensure that it is safe for residents to return to their homes, and safe for non-residents who are providing assistance with clean-up and rebuilding efforts.. The testing will be carried out by EPA on-scene coordinators beginning Tuesday June 10, and will continue for as long as is required. Testing will be conducted at several key points in Parkersburg. EPA Region 7 will deploy its Mobile Command Post on June 11. The unit is outfitted with the equipment needed to receive and transmit sample data. The tornado arrived in Parkersburg on the afternoon of Sunday, May 25, and during a short time it devastated the town, leaving almost half of it heavily damaged or in ruins the next day. The storm hit Parkersburg just after 5PM on Sunday. On its east-to-west path it struck Parkersburg, New Hartford, and Dunkerton. Around eighty miles to the southwest, the Des Moines area had heavy rain and wind that gusted to 70MPH. Disaster proclamations were issued for Black Hawk, Buchanan, Butler, and Delaware counties. Several days’ worth of harsh weather across the nation preceded the Iowa tornado. On Friday May 23, two people were killed in Kansas, and Oklahoma was hit by storms the next day. The following Monday another tornado struck Kay County. The day after the tornado, Parkersburg officials counted 222 homes and 21 businesses destroyed, and more than 400 homes damaged. City hall, the local high school, and the town’s only gas station and grocery store were destroyed. Butler County Sheriff Jason Johnson said the more than 600 homes damaged or destroyed, plus the businesses, accounted for around half the town. Iowa Governor Chet Culver said the devastation was overwhelming to witness, “You can’t imagine this kind of devastation, homes completely gone. And to see people trying to sort through their belongings is very difficult.” Rescuers continued to sift through the wreckage of homes and businesses for several days, but the death toll is officially at six, according to Bret Voorhees, bureau chief of Iowa Homeland Security and Emergency Management. (Source: Asbestos and Mesothelioma News)

Did scientology cruise ship expose passengers to asbestos?

Alarming reports have been surfacing about the Scientology cruise ship known as the MV Freewinds, which is it said is packed full of Crocidolite, otherwise known as blue asbestos. The ship, which is owned by the Church of Scientology under the name “’Majestic Cruise Lines,” has been sealed and docked in Mathey Warf in Curacao, Netherlands Antilles, for the last several days. Large amounts of Crocidolite (blue asbestos) were found to be present onboard the ship, and a statement from the vessel’s captain indicates that there have been previous incidents where the asbestos was released into the ship’s onboard ventilation system, which could potentially have resulted in asbestos exposure for everyone on board. The Curacao Drydock Company was contracted to carry out refurbishment and repairs on the ship when it docked earlier this week, but the company has since ceased work due to the risk of asbestos exposure. Several officials, including deputy head of the Department of Labor Affairs Christiene van der Biezen and local health department head Tico Ras, inspected the ship and took samples from paneling that was subsequently found to contain blue asbestos in significant amounts. Subsequently, the Executive Council held a meeting and decided that informing the public would be the best way to avoid rumors and other problems. Other reports say that allegations about asbestos onboard the ship were made at least seven years ago. Lawrence Woodcraft, an architect and former Scientologist, apparently filed an affidavit claiming that he encountered blue asbestos on the ship in 1987â€"more than twenty years agoâ€"and informed Scientology leaders. Online magazine Radar says it spoke with a Scientology spokesperson, who said that the ship hasn’t been sealed and is undergoing a planned overhaul that will be completed according to schedule. The Scientology spokesperson said “The Freewinds regularly inspects the air quality on board and always meets or exceeds US standards. Inspections done on April 15, 2008 and April 28, 2008 again confirmed that the air quality is safe, in accordance with the standards set by the Occupational Safety and Health Administration and the U.S. Clean Air Act.” Regardless, other agencies have suggested that anyone who has ever spent time aboard the MV Freewinds should consider seeing their doctor to determine if asbestos exposure has done any damage to their health, and to arrange ongoing health monitoring. (Source: Asbestos and Mesothelioma News)

Friday, August 15, 2008

Asbestos testing continues after boulder apartment fire

Environmental experts have carried out multiple air quality tests at the Hill House Apartments, the Boulder, Colorado building which caught fire early in July. Officials say it could be weeks before residents can return to their homes, due to the presence of airborne asbestos in the building. The four-story building burned for several hours on July 12, leaving more than fifty residents homeless, most of whom are students at the University of Colorado. The fire started at around 5.15 in the afternoon, and police and fire officials say the likely cause is a discarded cigarette. The next day, crews found there was asbestos present in drywall and as a result officials determined that the building was uninhabitable. Air testing and preliminary clean-up has been an ongoing process since then but the building is still not considered safe for habitation for the residents who were displaced. Ironically, asbestos was often used as a fire proofing and flame retardant material. On that basis it was added to many different types of construction products up until the mid 1980s. However, inhalation of asbestos fibers can cause cancer and other serious diseases, meaning that there are health and safety concerns for residents of the building and firefighters who worked to quench the flames. During a fire, asbestos fibers can easily become airborne as burned materials disintegrate and are spread around by high-pressure water blasts. In severe cases an entire building may become unsafe even if it contained asbestos in discrete areas. These conditions have in the past prevented residents of other burned buildings from retrieving possessions at all, because removing asbestos from porous items such as furniture and clothing is a difficult, lengthy, and expensive process. In Texas earlier this year, for example, former tenants of the Bellerive Apartments were left homeless and without their possessions for several months because they had become contaminated with asbestos. According to Dave Lowrey, a Boulder Fire Marshal, the fifty or more residents who were displaced from the thirty burned units in the Hill House Apartment building won’t know whether they can return to their homes until the air tests are fully completed. Lowrey says the decision can’t be made until a new round of air samples are taken and tested, and “We will make a determination as soon as we know how bad it is.” (Source: Asbestos and Mesothelioma News)

City may sue over asbestos abatement issues

New Haven, Connecticut â€" The Mayor of New Haven, Connecticut is considering suing those responsible for mishandling asbestos during an abatement project, as problems created by the mishandling may mean the city cannot collect nearly $1 million in reimbursement for the work. Mayor John M. Picard hopes to try and change the state’s mind about what costs the state is willing to reimburse, and plans to use litigation as a last resort to try and recoup the money spent on the project. Picard plans to try all possible methods to ensure the city is reimbursed, saying, “I want the taxpayers to know that litigation is possible. I’m not going to stop until we get reimbursed one way or the other.” The state has so far agreed to reimburse the city $955,000 for asbestos abatement completed several years ago at West Haven High School. However, the state has also said that $1.2 million of the $2.5 million spent is ineligible for reimbursement. According to the state, costs are not reimbursable if there is no evidence of a public bid for the work, no plan review, inadequate documentation for the work, and no submitted charge orders. The problem arises from the fact that the project to remove and replace the asbestos-containing façade of West Haven High School ended up almost twice as large as originally planned. Partly due to those initial miscalculations over the size of the project, it was expanded without the extra paperwork which would have preserved the project’s full eligibility for reimbursement.  Some of the work was carried out to address air quality issues at the school. Picard says he will first attempt to convince the state to reconsider what costs are eligible for reimbursement. To facilitate this, members of West Haven’t state delegation will ask the state to extend the deadline for seeking reimbursement for the work. The city has already sent last-minute documents which might make an additional $375,000 eligible for state reimbursement. Litigation will be a last resort. At this stage Picard has declined to name any people or companies that might be named in a lawsuit. However, Building Oversight Committee Chairman Kenneth Carney has said that litigation will target “whoever is responsible for allowing work to proceed without it going out to bid and without filling out proper paperwork to get state reimbursement.” Likely targets may include contractors who carried out the work, or individuals involved in bidding out the contracts. (Source: Asbestos and Mesothelioma News)

Thursday, August 14, 2008

Montpelier schools will open late due to asbestos problems

Montpelier, Vermont â€" All three schools in the district of Montpelier in Vermont will open late this year, due to the asbestos problems suffered by Main Street Middle School. Rather than opening on August 28 as planned, the schools will all open several days later on September 2. Repeated asbestos-related issues at Main Street Middle School are at the root of the late opening, and the delay in the start of the new school year will allow the complete removal of the contamination. The problems began around two weeks ago, when Main Street Middle School was closed by the state Department of Health due to possible asbestos contamination. The school was closed on July 28 after a state Department of Health safety inspector found that workers at the school were using improper practices to remove floor tiles which contained asbestos. Employees of the contracting company were chipping asbestos tiles off the floors to prepare for laying new tiles. The workers were not wearing face masks or using air-sampling pumps to monitor air quality while the asbestos was being removed. Classroom doors were left open, and there were no barriers around the work area to ensure that other workers were not able to enter. As a result, the DOH shut down the project, and all contractors, employees, and any other workers using the building have been asked to vacate until it has been deemed safe to return. Two other schools in the Montpelier district may face similar but less serious problems. Williamstown Elementary and Barre Town Middle and Elementary School both used the same contractor which was shut down at Main Street Middle School for its unsafe work practices. Barre Town Middle and Elementary School has already voluntarily closed, and remains closed. The school was evacuated and closed on July 29, after school officials heard that the construction company they were using had already been removed from the Main Street school. Officials of both of the closed schools are waiting to hear from the Department of Health for approval of clean-up plans to address asbestos contamination issues. The work at Williamstown Elementary has already been completed, and it seems that there may be no safety issues at the school. According to Vermont Department of Health environmental and occupational epidemiologist Dr. Austin Sumner, the job was much smaller and mechanical tile chippers were not used. School district officials worked tirelessly to try and solve the asbestos problems in time for the beginning of the new school year, with the district’s asbestos control officer Chris Crowther devising a plan for removing the asbestos from Main Street Middle School. Despite their best efforts, however, the schools will now be opening a little later than planned. (Source: Asbestos and Mesothelioma News)

Hud grant provides $2m for nashua mill clean-up

The federal government has agreed to contribute $2 million in funds to help with the clean up of a contaminated piece of land which is part of Nashua’s Millyard complex. The site has been long designated for redevelopment, but the heavy contamination has delayed any plans. The grant money is coming from the United States Department of Housing and Urban Development, and will be used to finance work at the Boiler House, a city-owned site which once housed the engine of a former textile mill. The money will be used to remove asbestos, contaminated soil, and underground storage tanks from the site. Mayor Donnalee Lozeau announced May 2 that the city had received the grant via the HUD Brownfields Economic Development Initiative. City economic development director Kathy Hersh said, “The timing allows the city to consider this impact as we review the latest plans for the Broad Street Parkway project.” Brownfield is the term used to describe sites which are federally designated as being contaminated sites. The Nashua Brownfields Program, led by Deb Chisholm, will provide the city with technical expertise on how to deal with the environmental issues raised by the Brownfields site. The Boiler House is located in an area which is slated for development into the Broad Street Parkway. The redevelopment project is intended to help remedy issues concerning the possible environmental impact caused by heavy contamination in parts of the Millyard. Approximately three quarters of the money has been designated to cover the cost of removing asbestos from the site. The asbestos is contained within buildings on the site. Asbestos is expensive to remove and dispose of due to the health risks of asbestos exposure. Safety precautions which must be taken during asbestos handling and removal, and the extra expense of disposing of asbestos-containing waste, make any projects involving asbestos removal costly. While the asbestos does not pose a danger outside the buildings, there are sections where the asbestos is wrapped around pipes and may prove difficult to access due to the height of the ceilings inside the buildings. Chisholm says of the current project, that while the contaminated soil is fairly standard in comparison to what is found in most urban fill areas and is not a significant problem, “The asbestos has to be cleaned up whether the building is rehabbed or gets demolished.” (Source: Asbestos and Mesothelioma News)

Wednesday, August 13, 2008

Epa and east liverpool finally reach an agreement on asbestos fine

Several months after proposing the initial fine, the Ohio Environmental Protection Agency has finally reached an agreement with the city of East Liverpool. The city strenuously opposed the EPA’s fine, claiming it had already paid for an improper asbestos handling incident. The incident that sparked the fine came to light in May 2006, and involved Street Department Supervisor Earl Taylor, who hired a contractor to remove asbestos-containing pipe insulation from a city-owned building. Around 500 linear feet of pipe insulation was removed from the building, which Taylor then buried at a clean landfill site on property that the city also owned. Several days later, then-Service Safety Director William Cowan notified the Ohio EPA about the asbestos removal and disposal due to safety concerns. The removal and disposal of the asbestos turned out to be illegal. The asbestos removal was carried out with the knowledge or consent of the Ohio EPA, and the agency also says the removal did not adhere to necessary safety standards. In addition the asbestos that was removed was disposed of at a landfill site that was not equipped to safely handle asbestos waste. Asbestos removal must be carried out carefully to prevent the spread of asbestos dust, which can cause asbestos-related cancers and other serious diseases if inhaled. Typical asbestos removal includes wet-removal procedures to dampen materials and prevent dust dispersing. Disposing of asbestos safely is another important issue, as asbestos at landfill sites can present a health hazard to anyone working or visiting the site. Asbestos can only be disposed of at waste sites that are equipped to handle hazardous materials. Several days after the incident was discovered, workers from Cardinal Environmental Services cleaned up the remaining asbestos at the removal site, and cleaned up the landfill. The EPA subsequently proposed a fine of $30,000, which was vigorously opposed by the town. Officials said the fine should not have been so large, as the town had already cleaned up the asbestos, Taylor himself had been fined, and the town had voluntarily notified the EPA of the problems and made no efforts to cover up the asbestos mishandling incident. Now, the city has formally agreed to pay a fine of $5,000, after meeting with the EPA several times to ask for a reduction. Around $4,000 of the money will go to the Ohio EPA, while the remaining $1,000 will be contributed to the agency’s Clean Diesel School Bus Program Fund. (Source: Asbestos and Mesothelioma News)

2008 international mesothelioma symposium provides support and education

June 26-28 saw the International Symposium on Malignant Mesothelioma at the Hyatt Regency on Capitol Hill. The event was sponsored by The Mesothelioma Applied Research Foundation, and attended by leading international experts on mesothelioma, as well as people affected by the disease. The Mesothelioma Applied Research Foundation created the annual event to highlight the latest advances in research and treatment for mesothelioma, to provide support for patients, families, and caregivers, and provide advocacy and volunteer opportunities for those who wish to provide their own support. Chris Hahn, Executive Director of The Mesothelioma Applied Research Foundation, said prior to the event that more than one hundred patients, family members, caregivers, advocates, researchers, and clinicians were expected to attend. The three-day program included daily meetings, seminars, and discussions as well as a gala dinner on the evening of Friday June 27. Day one of the symposium, on Thursday June 26, was advocacy day. The two focal points of these sessions were to highlight the need for legislation banning asbestos, and the need for more funding for mesothelioma research. Chris Hahn, Executive Director of the Meso Foundation, spoke about how people affected by mesothelioma can emphasize the need for funding and research by telling their own personal stories about their experiences with the disease. Day two, on Friday June 27, was designated as science day. These sessions included discussions by international mesothelioma experts about recent advances in mesothelioma research and treatment, as well as upcoming developments. Several international researchers spoke about recent advances in treatment, such as post-operative intraperitoneal chemotherapy, and about the challenges mesothelioma doctors are faced with when attempting to treat people with the disease. This day also gave patients, family members, and caregivers the chance to talk with specialists and experts. Day three, on Saturday June 28, was community day, and was devoted to the mesothelioma community of patients, family members, friends, and caregivers. Day three included support sessions for people coping with the effects of mesothelioma, and a tribute ceremony to memorialize people who have died from the disease. In addition, attendees discussed ways to increase public awareness of mesothelioma and asbestos. The closing sessions of the symposium was intended to remind people dealing with mesothelioma of the good that can be obtained when people work together to support one another in the face of dealing with the devastation that the disease causes. (Source: Asbestos and Mesothelioma News)

Tuesday, August 12, 2008

Asbestos cleaned out of a second newton fire station

Newton, Massachusetts - A month after asbestos was discovered at Fire Station 3 in Newton, Massachusetts, more of the toxin has been unearthed at Fire Station 2 in nearby Auburndale. Even so, trucks and firefighters that were on shift during the clean-up operations were removed from the station to prevent exposure. They were sent to other locations in the district, to remain on standby. Mayoral spokesperson Jeremy Solomon said that the asbestos-which was found in tiles and heating pipe elbows-was not friable, and therefore there was minimal danger. Non-friable asbestos doesn’t crumble easily and therefore fibers are unlikely to become airborne. According to Solomon, air tests at Fire Station 2 had never been positive for asbestos. However, an April 11 report about samples taken by FLI Environmental indicated that friable asbestos was discovered at Fire Station 2, but the fibers had not been airborne. The FLI report said that damaged asbestos materials were found in the boiler room, a bathroom, a closet, in the tire-check room, and in other areas throughout the station. Of the boiler room material, 35% was Chrysotile asbestos that was damaged and friable. Of the pipe insulation, 10% was found to be Chrysotile asbestos that was damaged and friable. Damaged tiles were found in three different locations and noted to be 5% asbestos. Other exposure incidents at Fire Station 3 prompted more careful handling of asbestos abatement in the fire stations. The first exposure incident occurred on March 19 when contractors were working in Fire Station 3. During the incident, visible dust was dispersed and debris from the ceiling fell near four firefighters. One employee said dust had fallen onto him and his computer. An investigation was initiated after the exposure incident. Initial tests carried out on the air and the dust in the incident area came back negative. A state report released on Friday March 28 indicated that the asbestos dust and debris did pose a health hazard to the workers carrying out the renovation work and to the firefighters present in the station. At the time, Mayor David Cohen said, “We are going to continue to [take] precautions as we do additional work in the fire stations to make sure that our workers are not exposed to asbestos and that we are making the work as safe as possible. The first priority of the city is the safety of the inhabitants of the fire stations.” (Source: Asbestos and Mesothelioma News)

Mining groups sue for review of msha asbestos limits

On February 29, 2008, the Mining Safety and Health Administration published a final rule concerning protection for miners exposed to asbestos. The new rule reduced the permissible exposure limit to just five percent of its former level, down to 0.1 fibers per cubic centimeter. On April 25, just four days before the sixty day deadline for filing a legal challenge to the new rule, two mining groups have filed an appeal to request that the rule be reviewed. One of the petitions is from the Georgia Construction Aggregate Association (GCAA) and the National Stone, Sand & Gravel Association (NSSGA). The petition says that a review of the MSHA rule is needed because “among other reasons, the methods used to measure asbestos under the Rule may indicate that asbestos is present in a mine when in fact it is not.” The second petition is from the National Mining Association, the Industrial Minerals Association-North America Inc., and other groups. In this petition, the groups do not mention their reasons for filing the petition, but simply say the have an “interest in the outcome of this case.” However, while the second petition does not mention any reasons, a letter from these groups to Albert Wynn, chairman of the House’s Subcommittee on Environment & Hazardous Materials, and John Shadegg, a member of the same subcommittee, may provide some clues. In the letter, the NMA and other groups mention some of their concerns, saying that “We must…ensure asbestos is accurately defined so that natural materials, like common rock fragments, are not mistakenly included as asbestos containing products.” The letter also notes that “Rock fragments have been extensively studied and have not been found in either the scientific literature or regulation to cause asbestos-related disease. Arbitrarily including these rock fragments will have a detrimental impact on each of our industries.” Essentially, many mining companies are worried about the possibility that the new asbestos rule might force them to use testing methods that show the presence of asbestos where there is none. The petition filed by the GCAA and NSSGA suggests an alternative method of testing, similar to tests already used by the OSHA, to prevent false positive test results under the new MSHA rule. In those tests a series of sequential tests are carried out to identify asbestos and asbestos-like minerals, and differentiate them from other mineral present in mines. (Source: Asbestos and Mesothelioma News)

Monday, August 11, 2008

Mass asbestos lawsuit dismissal in west virginia

A mass dismissal of asbestos-related lawsuits in West Virginia has left many plaintiffs dismayed over the decision. People suffering from asbestos-related diseases such as asbestosis and mesothelioma must now wait much longer for their day in court. The West Virginia Supreme Court of Appeals this week dismissed more than one thousand asbestos-related lawsuits laid by railroad workers against the companies they once worked for. The more than one thousand plaintiffs had filed lawsuits against their employees, CSX Transportation and Norfolk Southern. Previously, Circuit Judge Arthur Recht of Wheeling had dismissed the lawsuits. Following an appeal by plaintiffs, the West Virginia Supreme Court of Appeals upheld Circuit Judge Arthur Recht’s decision to dismiss all one thousand suits. In upholding the decision, the Supreme Court of Appeals has rejected a plea that the United States Constitution provides every American with the right to sue in West Virginia, regardless of whether or not they have a real connection to the state. In West Virginia, as in many other states, a plaintiff can file a lawsuit even if they live out of state. To do so, however, they must be able to show that either a plaintiff or a defendant in the case has some type of connection to West Virginia. The Court chose to ignore a 2006 decision known as Morris vs. Crown Equipment, which had granted West Virginia jurisdiction to a dispute which originated in another state. The Court says that this decision did not apply because in the Morris case, one of the defendants was a West Virginia corporation. The claims were filed under the Federal Employers Liability Act, which applies to railroad and some other types of workers, regardless of where they live. After the suits had been filed, the Supreme Court of Appeals consolidated them into the Kanawha County Circuit Court, and assigned them all to Judge Recht. The railway companies had already asked for a move to dismiss the cases while the Supreme Court of Appeals was discussing whether or not the plaintiffs could file their suits in West Virginia. Judge Recht then granted the defendants’ motion, saying that the Morris case was not applicable, and that the railroad workers could not file suit in West Virginia. The plaintiffs’ appeal was subsequently rejected, and now all one thousand cases have been freed and may be tried in other state courts. (Source: Asbestos and Mesothelioma News)

Legality of alabama dump site questioned

Lauderdale County, Alabama â€" Complaints about a construction dump site near Killen in Lauderdale County, Alabama, have reached the Alabama Department of Environmental Management. Lauderdale County Health Department officials notified the ADEM about anonymous tips and complaints which accuse Dan Williams, the owner of the site, of using it to illegally dump construction waste. Williams, who also owns a construction company, said he checked with the Health Department, and his use of the site as a dump spot is legal because he’s covering the waste with layers of dirt. In addition he says the construction debris is safe and doesn’t contain asbestos or any other harmful materials. However Scott Hughes, an ADEM spokesperson, says that covering up the debris constitutes disposal, which is illegal when it doesn’t occur at a designated landfill. In addition, Hughes said he doubts that the Heath Department issued permission for what Williams is doing, as Alabama law requires that such waste be disposed of at designated landfill sites only, and Williams’ site does not qualify. Hughes says that budget cuts have made investigation of illegal waste disposal and other relevant matters more difficult recently, as inspectors have not been able to thoroughly or promptly investigate all sites in the state when complaints are received. In fact, it could be up to three months before an inspector can visit the dump site owned by Dan Williams. The site owned by Williams may be free from hazardous wastes, but dump sites where asbestos and other harmful waste has been disposed of can cause serious environmental impact, which may be exacerbated by the slow response time of Alabama state inspectors. Hughes says, “When it rains on these dumps, storm water runs off and has the potential to impact local creeks. They can serve as mosquito vectors, which can carry certain viruses, and, from an aesthetic standpoint, there’s the fact that they’re just not pleasing to the eye.” The problem of slow complaint response times may be alleviated somewhat, as a recently solid waste and recycling management act approved $7 million to improve recycling programs and make other changes in the state. A proportion of the money will go towards hiring more state inspectors to reduce the backlog of sites to be inspected. In addition, around $2 million has been designated for use in cleaning up illegal dump sites. (Source: Asbestos and Mesothelioma News)

Sunday, August 10, 2008

Montpelier school clean-up will cost $50,000

Montpelier, Vermont - Montpelier’s Main Street Middle School is doing what it can to solve its asbestos problemsâ€"the school was quickly evacuated and closed when the problem was discovered, and federal Environmental Protection Agency officials have been in the school to investigate the possible asbestos contamination which occurred this week. Now, however, the school has learned that cleaning up the asbestos will cost around $50,000. The school was closed on July 28, and currently officials don’t know whether the school will be able to open in time for the beginning of the new school year, less than one month away. Main Street Middle School was closed after a state Department of Health safety inspector found that workers at the school were using improper practices to remove floor tiles which contained asbestos. DOH asbestos and lead engineer Andrew Chevrefils noticed that workers were using methods which violate state regulations for removal of asbestos. Employees of the contracting company were chipping asbestos tiles off the floors to prepare for laying new tiles. The workers were not wearing face masks or using air-sampling pumps to monitor air quality while the asbestos was being removed, and area where the work was being done was not kept isolated or contained. Despite the lack of appropriate safety precautions, Austin Sumner, a Department of Health epidemiologist, says it’s unlikely anyone is in great danger of developing an asbestos-related disease. As a result of the possible asbestos contamination, the state Department of Health has shut down the project, and all contractors, employees, and other workers using the building have been asked to vacate until it has been deemed safe to return. The district’s asbestos control officer Chris Crothers says the extent of the asbestos problems, and the measures required to solve them, may keep the school closed into the new academic year. Crothers has designed an asbestos removal plan for the school, which has received preliminary approval from the DOH. However, the clean-up and air monitoring is expected to take at least two weeks to complete, and that’s after the plan has been fully approved, which may put an additional week or more on the total time needed to clean up the school. Asbestos is present not only in floor tiles in the school, but also in pipe insulation in the basement. The pipe insulation is thought to be friable, making clean-up particularly dangerous and necessitating extra caution. (Source: Asbestos and Mesothelioma News)

Asbestos problems for more schools in montpelier, vermont

Less than two weeks after Main Street Middle School was closed by the state Department of Health due to possible asbestos contamination, more schools are under examination and may face similar problems. Closed on July 28 due to asbestos-related problems, Main Street Middle School in Montpelier, Vermont remains closed and school officials don’t know whether the school will be able to open in time for the beginning of the new school year, just one month away. The school was closed after a state Department of Health safety inspector found that workers at the school were using improper practices to remove floor tiles which contained asbestos. Employees of the contracting company were chipping asbestos tiles off the floors to prepare for laying new tiles. The workers were not wearing face masks or using air-sampling pumps to monitor air quality while the asbestos was being removed. Classroom doors were left open, and there were no barriers around the work area to ensure that other workers were not able to enter. As a result, the DOH shut down the project, and all contractors, employees, and any other workers using the building have been asked to vacate until it has been deemed safe to return. At least two other schools in the Montpelier district may face similar problems. The school district has discovered that Williamstown Elementary and Barre Town Middle and Elementary School both used the same contractor which was shut down at Main Street Middle School for its unsafe work practices. Barre Town Middle and Elementary School has already voluntarily closed, and remains closed. The school was evacuated and closed on July 29, after school officials heard that the construction company they were using had already been removed from the Main Street school. Officials of both of the closed schools are waiting to hear from the Department of Health for approval of clean-up plans to address asbestos contamination issues. The work at Williamstown Elementary has already been completed, and it seems that there may be no safety issues at the school. According to Vermont Department of Health environmental and occupational epidemiologist Dr. Austin Sumner, the job was much smaller and mechanical tile chippers were not used. Main Street Middle School has been concerned about the possibility of opening late, but Montpelier School Superintendent Steve Metcalf says if the school can get its clean-up activities underway soon it may still open in time for the start of the school year, less than four weeks away. (Source: Asbestos and Mesothelioma News)

Saturday, August 9, 2008

Some 9/11 first responders are still waiting for medical treatment

Treating the many men and women who responded to the emergency situation following the 9/11 attacks and the collapse of the World Trade Center is an expensive businessâ€"so much so that many first responders are still waiting for medical treatment. Today, medical, health, and safety experts urged congress to approve new legislation which would help establish a permanent system of monitoring the health of first responders, and provide a permanent health care program for people exposed to the toxic atmosphere at Ground Zero. The collapse of the World Trade Center buildings created and dispersed enormous clouds of dust that were full of toxins and chemicals, including asbestos dust, lead dust, glass fibers, and toxic gases. As many as 100,000 responders, including paramedics, rescue workers, and firefighters, were exposed to the toxic mix. Many people who breathed in that dustâ€"including area residents and office workers and well as respondersâ€"have since developed serious health problems such as asbestosis and certain types of cancer. Exposure to the traumatic events of the day and the days after has also caused many people to suffer from anxiety, depression, and episodes of trauma. A study completed in 2006 by doctors at Mount Sinai Medical Center in New York City found that a staggering 70% of responders they examined were suffering serious health problems as a result of their exposure. Nearly seven years after the tragedy, however, a guaranteed, comprehensive medical treatment program still does not exist. Even worse, funding for medical care for people who need such medical treatment has actually been cut over the last year. In 2007 congress approved $108 million to be spent on healthcare for 9/11 responders. In 2009 Bush cut that figure by 77%, to just $25 million. Yesterday the Centers for Disease Control announced it would contribute a grant of $30 million to New York hospitals providing medical treatment for people affected by health problems relating to 9/11. While these sums of money seem substantial, in the long term it’s nowhere near enough. In the two years following the attacks, the 9/11 Victim Compensation Fund paid more than $7 billion to almost 5,600 victims and survivors. However, because the fund was required by law to stop accepting claims in December 2003, people who developed disease symptoms after that date might be ineligible to claim. Some people have been driven to extreme measuresâ€"including lawsuitsâ€"to try and claim compensation to pay for medical expenses. Kenneth R. Feinberg, the administrator of the 9/11 compensation fund, believes that an estimated 25,000 to 30,000 people may develop related health issues over the next five to ten years. (Source: Asbestos and Mesothelioma News)

Epa superfund work upsets ambler residents

Around ten days ago, the Pennsylvania Department of Health has issued a health consultation document stating that the BoRit asbestos site is not dangerous, saying the site poses “no apparent public health hazard to the community for cancer effects or no cancer effects.” However, residents of Ambler, Pennsylvania aren’t convinced, and they’re concerned about public safety issues now that work is starting at the contaminated site. According to the results of a study recently released by the Pennsylvania Department of Health and the Agency for Toxic Substances and Disease Registry, the site is not harmful to the public. However, the document also says that “exposures to asbestos fibers when on-site soils and asbestos-containing material are disturbed are a public health hazard to area residents.” It’s the implications of that last sentence which have Ambler residents worried, now that crews contracted by the Environmental Protection Agency have begun clearing out brush and vegetation to prepare the site for the clean-up work. According to the document, activities such as on-site sampling may disturb soil and materials to the extent that they may become hazardous to the public. In addition, very dry weather conditions may also cause an increase in airborne asbestos. The 38-acre BoRit site has a long history, beginning in the late 1800s. Until 1933 the site was owned and operated by Keasbey & Mattison Co., which used the site to manufacture milk of magnesia. In 1933 the site was contaminated when a number of manufactures dumped asbestos-containing waste and other industrial contaminants on the then-unused site. By the 1980s the BoRit site was considered a public health risk due to the presence of large amounts of exposed asbestos. Now designated an EPA Superfund site, the federal agency will fund and supervise clean-up of the contaminated land. However, the work currently underway on the site has some residents concerned over safety issues. Residents are also concerned about the safety of the workers themselves, as they have been spotted without protective clothing to prevent dust exposure and inhalation. Asbestos is dangerous only when fibers are airborne and can be inhaled, and the activities workers are carrying out may cause asbestos fibers to become airborne. Some Ambler residents say the EPA has violated its own guidelines because it did not warn them that the work was beginning at the site. EPA officials say there’s no danger, but residents believe even a little risk is a big enough issue. Considering that some experts say that the inhalation of just a few asbestos fibers can cause mesothelioma, its no surprise that Ambler citizens are worried. (Source: Asbestos and Mesothelioma News)

Friday, August 8, 2008

Federal epa gets involved in asbestos issues at montpelier school

Montpelier’s Main Street Middle School seems to be making every effort to solve its asbestos problems, with federal Environmental Protection Agency officials in the school to investigate the possible asbestos contamination which resulted in the school closing this week. The school was closed on July 28, and currently officials don’t know whether the school will be able to open in time for the beginning of the new school year, less than one month away. The district’s asbestos control officer Chris Crothers says the extent of the asbestos problems, and the measures required to solve them, may keep the school closed into the new academic year. Main Street Middle School was closed after a state Department of Health safety inspector found that workers at the school were using improper practices to remove floor tiles which contained asbestos. DOH asbestos and lead engineer Andrew Chevrefils noticed that workers were using methods which violate state regulations for removal of asbestos. Employees of the contracting company were chipping asbestos tiles off the floors to prepare for laying new tiles. The workers were not wearing face masks or using air-sampling pumps to monitor air quality while the asbestos was being removed. Classroom doors were left open, and there were no barriers around the work area to ensure that other workers were not able to enter. Chris Crothers says that based on the removal method and the lack of safety precautions, exposure was likely to have occurred, due to the probability of airborne asbestos particles being present. However, Austin Sumner, a DOH environmental and occupational epidemiologist, says it’s not likely that anyone working at the school is in “great danger” of developing an asbestos-related disease. As a result, the DOH has shut down the project, and all contractors, employees, and other workers using the building have been asked to vacate until it has been deemed safe to return. In addition to the floor tiles, several feet of asbestos insulation must be removed from pipes in the school’s basement. School officials, DOH representatives and EPA representatives met at the school on Wednesday July 28. DOH officials have also notified the Occupational Safety and Health Administration. Over the next month, the school must be monitored for signs of asbestos contamination, and both the basement insulation and the floor tiles must be removed. John Hollar, chairman of the Montpelier Board of School Commissioners, says the school will do everything and anything necessary to ensure the school is safe before it reopens. Chris Crothers has designed an asbestos removal plan for the school, which has received preliminary approval from the DOH. (Source: Asbestos and Mesothelioma News)

Dupont denied writ of mandamus in whisnant case

Texas â€" DuPont has sought and been denied a writ of mandamus in their appeal against the overturning of the verdict in a recent asbestos-related lawsuit. DuPont won the case, but the plaintiff’s attorney asked that the verdict be overturned. During February and March, the jury in the six-week Whisnant vs. DuPont asbestos trial listened to plaintiff claims that Willis Whisnant had developed mesothelioma as a result of negligence on the part of contractual employer DuPont. The jury decided in favor of the defendant. Subsequently the plaintiff’s attorney, Glen Morgan, asked that the verdict be set aside and a new trial granted. Morgan filed a Plaintiff’s Motion for a New Trial stating that the jury’s decision was “contrary to the overwhelming weight and preponderance of the evidence.” The sixteen-page motion argued that the jury may have been unduly influenced by an online and print publication, “The Southeast Texas Record,” which publishes articles about local court events. Morgan claimed that the newspaper, which is owned by the U.S. Chamber of Commerce, deliberately publishes “anti-plaintiff propaganda,” and that articles about the Whisnant trial which were clearly favorable to DuPont may have contributed to the jury’s decision. DuPont defense attorney M.C. Carrington defended the jury’s verdict, saying that “…the jury had every reason to reach the decision that they did. There is not any way that the court will find that there is insufficient evidence to support the jury finding.” Carrington also said that there was not enough evidence to determine whether or not the jury was unduly influenced by The Southeast Texas Record’s coverage of the trial. Judge Donald Floyd evidently agreed with Glen Morgan, overturning the verdict and paving the way for a new trial. The next step for DuPont was filing a writ of mandamus in appeals court. The writ is filed in an appeals court in an attempt to correct a lower court decision in which it is alleged there has been an abuse of discretion. DuPont attorneys wrote in the writ that “speculative inference that jurors read news articles about the case during the trial” should not be grounds for overturning a verdict, and that there was no proof that any of the newspaper’s articles had any influence on the jury’s decision, or even that any jurors had read the articles. DuPont’s attorneys also said that Judge Floyd should be forced to give a reason for granting a new trial to the plaintiff. The appeals court, however, has denied DuPont’s request, saying that “the discretion and judgment of the trial court in granting a new trial cannot be controlled or directed by mandamus.” (Source: Asbestos and Mesothelioma News)

Thursday, August 7, 2008

Aspen school district has ongoing asbestos problems

Aspen, Colorado - Schools all over the country are feeling the pinch of stretched budgets and hurried schedules, as they complete asbestos removal and construction programs before school begins again at the end of the month. The Aspen School District is one of those struggling to complete asbestos removal work; however this year asbestos-related problems have put the district $1.3 million over budget and forced the district to delay some of the work until after school starts. Thousands of schools in America were built using asbestos-containing construction materials, due to the extremely durable, strong, and fire-resistant nature of asbestos fibers. Unfortunately, those same properties make asbestos a health hazard. When inhaled, asbestos fibers become lodged in the lungs, and over several decades can cause deadly mesothelioma to develop. For that reason, exposure to inhalable asbestos is an extreme health hazard, and many schools which contain asbestos materials end up spending hundreds of thousands of dollars on asbestos containment or removal, in their efforts to keep students and staff safe. Dave Detwiler, project manager for the Aspen School District, has said that the school has had to pay a significant amount of money to cover unexpected asbestos removal, and that the budget blow-out could prevent the district from completing some of its planned summer construction projects. Without the asbestos removal, Detwiler said, the work would have been competed on time and within the budget. The problems stem from asbestos removal work at the district’s middle school, which the district plans to demolish to make way for a new school. Asbestos removal work was completed there several decades ago, but the district is now having problems cleaning up the remaining asbestos. The remaining asbestos is located within interior walls in the school, meaning that the work could not be completed while the buildings were in use. A further problem is that the state of Colorado recently implemented regulations about the removal of vermiculite, which was used in insulation in the walls of the school. The district hired a contractor in January to remove asbestos from the middle school, hoping the work would be completed by the beginning of the summer. However the contractor has located so much asbestos in the school that the work has dragged on much longer than anticipated and the cost of removal has climbed to almost $1.5 million, with no signs of stopping. The project now has a shortfall of $1.3 million, and asbestos removal won’t be completed until just before the beginning of the new school year, meaning the demolition will have to be carried out during the school year. Detwiler says the contractor for the demolition is willing to work during evenings and weekends, but doing so would mean more delays and additional costs. (Source: Asbestos and Mesothelioma News)

Off-roaders protest clear creek closure

Off-road enthusiast who enjoy racing at Clear Creek have been protesting the closure of 31,000 acres of the California recreation area. The area was closed after the Environmental Protection Agency completed a study about the asbestos exposure risk for people involved at the Clear Creek Management Area. The risk assessment study completed by the EPA found that there is an increased long-term cancer risk for people carrying out certain activities in the area. The increased cancer risk is due to the presence of asbestos. The EPA’s soil sampling in several areas at the CCMA site found asbestos present in soil in some areas. EPA Toxicologist Daniel Stralka said that “Higher dust-generating activities produce higher exposures and, therefore, higher risks.” Asbestos levels measured in CCMA breathing zones are in the range seen in more industrial environments, and Stralka says these levels of asbestos are cause for concern. Jere Johnson, a Superfund project manager for the EPA, said “Frankly, we were surprised at how high the levels of asbestos are at Clear Creek.” The CCMA is home to the largest natural deposit of asbestos in the United States. The CCMA itself spans over 75,000 acres, and includes a 31,000 acre natural asbestos deposit. The Atlas Asbestos Mine Superfund Site is also located here. According to the EPA study, activities such as motorcycling, ATV, and SUV use are those most likely to disturb large amounts of asbestos dust, and these activities are responsible for the highest amounts of asbestos exposure. As a result of the study, approximately 31,000 acres of the CCMA were closed for all public uses. Don Amador, a frequent visitor to Clear Creek, is also a member of an off-road advocacy group called the Blue Ribbon Coalition. He and many other enthusiastic off-roaders are shocked at the closure, and plan to fight it. Amador says that no Clear Creek regulars have become sick as a result of being exposure to asbestos, and that nobody in the community has developed mesothelioma. Justin Hensley, another off-road enthusiasts and long-time Clear Creek visitor, agreed that he’d never heard of anyone developing mesothelioma, and said he believed the Bureau of Land Management was simply trying to reduce the challenges of managing a large recreational area. Hundreds of members of the off-roading community have met with Bureau of Land Management and Environmental Protection Agency officials to plead their case. (Source: Asbestos and Mesothelioma News)

Wednesday, August 6, 2008

Asbestos shuts down construction project in sausalito

Sausalito, California ‘ Sausalito officials were forced to temporarily shut down a construction project situated near the Bay Model, after locals became concerned about asbestos exposure and dust created at the site. The construction project is a $7 million rehabilitation of an old South Pacific Division Laboratory. The US Department of Veterans will convert the old site into a new research center. The site was once the Marinship Ship Yard, which was was placed with the War Assets Administration in 1946 and converted to a geotechnical testing laboratory in 1950. Around ten years after the laboratory closed in 1997 ownership was transferred to the Department of Veterans Affairs. Part of the work has involved asbestos abatement, and over the weekend contractors dressed in protective clothing began removing asbestos siding from the building. During the course of the word wind began blowing dust from the construction site into nearby homes and boats. Concerned residents called police and firefighters to the scene, and the work was ordered to be stopped. Police Chief Scott Paulin said there was dust in the air and a layer of dust on nearby boats, and noted that arriving police cars also became covered in a dust layer. On Monday May 5, city officials called the Bay Area Air Quality Management District to ask for the work site to be reviewed. An inspector said that the work complied with the necessary building regulations and also said that the asbestos-containing siding was not being cut, broken, or crushed, so asbestos was not being released into the air. In addition, the inspector said it wouldn’t be possible to determine what was in the dust that was released during the weekend work. The Bay Area Air Quality Management District will continue monitoring the site. Work may resume as early as Tuesday May 6. Veterans Affairs spokesperson Judi Cheary said that all proper procedures were being followed at the construction site, but Sausalito Planning Director Jeremy Graves said that even if the dust was harmless, locals should still have been warned. Before the site was cleaned, a study of groundwater and soil had shown concentrations of arsenic and polychlorinated biphenyls in addition to asbestos. The site should be safe post-cleanup, however. The site construction will take two years to complete. Once the research center is open the VA plans to study post-traumatic stress disorder, HIV, liver disease, and other conditions. (Source: Asbestos and Mesothelioma News)

Kentucky man names 30 defendants in asbestos lawsuit

The estate of Danny Joe Brown, a Kentucky man who died from lung cancer, has filed a lawsuit which names thirty companies as defendants. The lawsuit alleges that Danny Joe Brown developed lung cancer as a result of working in environments in which he was exposed to deadly asbestos dust. The lawsuit was filed by Terry Joe Meadows, on behalf of the estate of Danny Brown, on June 3 in Kanawha Circuit Court, West Virginia. The lawsuit names as defendants a total of thirty state and national companies, including CSX Transportation and AK Steel. The suit claims that Danny Joe Brown worked from 1955 to 1991 for a number of companies, including Armco Steel, Monsanto Chemical, and Union Carbide. The suit also claims that Brown worked as a carman and laborer for the Chesapeake and Ohio Railway Company, which later became CSX Transportation. According to the suit filed by Terry Joe Meadows, Danny Brown was exposed to toxic materials such as asbestos from 1955 onwards, and the exposure to these toxins subsequently caused Brown to develop lung cancer. The lawsuit claims that Brown was not aware that exposure to asbestos was dangerous, and was not aware that working with and around asbestos could later cause him to develop lung cancer. The lawsuit says Danny Brown suffered reduced enjoyment of life, mental and physical pain and anguish, reduced earning capacity, and lost income. In addition, the lawsuit says, Danny Brown eventually died as a result of the lung cancer which he developed due to toxin exposure. As well as these issues, the lawsuit claims that the family of Danny Brown has suffered a great deal of mental anguish, and must also cope with medical bills and hospital and doctor expenses as a result of Brown’s battle with lung cancer. The lawsuit is seeking both compensatory and punitive damages. Cases such as this are often much less clear cut in comparison to cases where the plaintiff has developed mesothelioma, as even though lung cancer is known to be caused by asbestos exposure, it can develop in response to other carcinogens, such as cigarette smoke. This means it can be difficult to pin down the exact cause in a case where asbestos is a risk factor. Mesothelioma cases are usually much simpler to resolve, as unlike lung cancer, this type of cancer is caused only by exposure to asbestos. (Source: Asbestos and Mesothelioma News)

Tuesday, August 5, 2008

Woman files asbestos suit on behalf of deceased husband

Kanawha County, West Virginia â€" A woman whose husband died of malignant mesothelioma has filed a lawsuit on behalf of his estate. Betty Bailes, a Nicholas County resident, files the suit on behalf of her husband, George Bailes, naming a total of fifty companies as defendants. The suit specifically names Union Carbide Corporation and T.H. Agriculture and Nutrition. Both of the defendants specifically named have been involved in numerous other asbestos-related lawsuits in the past, including several in Kanawha County. According to the lawsuit filed by Betty Bailes, she and husband George lived in Nicholas County. George Bailes worked in Kanawha County, and was exposed to asbestos during the course of his work. As a result of the asbestos exposure, the lawsuit claims, George Bailes developed malignant mesothelioma, a type of cancer. Malignant mesothelioma is an asbestos-related disease, so called because the only known cause is asbestos exposure. The cancer can develop after relatively low levels of asbestos exposure, but its effects are no less serious. Mesothelioma is a deadly cancer that is difficult to diagnose and treat, and leaves very few survivors. Despite the dangers of the substance asbestos was heavily used by many companies for much of the twentieth century. Asbestos was cheap to produce and add to manufactured products, and provided improved fire resistance and durability to thousands of different types of construction products. The legacy of the heavy use of asbestos is now being seen, however, as thousands of people exposed to asbestos prior to the 1980s develop asbestos-related diseases in the twenty-first century. Mesothelioma has a long latency period, of up to five or six decades, and it’s likely that George Bailes and others like him were exposed to asbestos in the 1970s or even earlier. The lawsuit filed by Betty Bailes includes nine counts, and alleges that the companies named in the suit knew that asbestos was dangerous, and were negligent in their failure to warn employees about those dangers. The lawsuit alleges also that the defendants did not advise employees about the proper safety precautions that should be taken to prevent exposure to asbestos at work. Betty Bailes is seeking both compensatory and exemplary damages in the nine count suit, which alleges that both George and Betty Bailes suffered when George Bailes was diagnosed with malignant mesothelioma, due to the devastating nature of the disease. (Source: Asbestos and Mesothelioma News)

April 1 is now asbestos awareness day in montgomery, alabama

March 27, 2008, Montgomery, Alabama â€" The first week in April is Asbestos Awareness Week, and now one Mayor in Montgomery, Alabama has taken a step towards increasing local asbestos awareness by declaring April 1 to be Asbestos Awareness Day. On Friday March 28, Mayor Bobby Bright will sign a proclamation that declares April 1 to be Montgomery Asbestos Awareness Day. The proclamation goes hand-in-hand with the Senate’s decision that April 1-7 is now National Asbestos Awareness Week. Around ten thousand Americans die each year from asbestos-related diseases such as mesothelioma and asbestosis. Any measures that improve awareness both locally and nationwide can be considered important for educating the general public and helping people with asbestos related diseases, and their families. Asbestos was widely used between the 1940s and 1980s due to its strength, durability, and resistance to heat, acid, and chemical degradation. It was a common addition to thousands of different types of construction products used in residential, commercial, public and industrial buildings, and was widely used for many other industrial purposes. Asbestos, when inhaled or otherwise ingested, causes chronic illnesses that are notoriously difficult to treat. Asbestosis, caused by repeated exposure to asbestos, causes considerable pain and breathing difficulty. Mesothelioma, a form of cancer that occurs only as a result of asbestos exposure, has a mortality rate of close to 100%, due to its aggressiveness and high treatment resistance. Public education about asbestos and the diseases it can cause is particularly important because the symptoms of the diseases are non-specific. This means diagnosis is often made too late for treatment to be as effective as it could be. The diseases also have long latency periods, and many people who are seemingly healthy may have already been exposed to enough asbestos to cause disease without being aware of it. National Asbestos Awareness Week kicks off in 2008 with a weekend conference sponsored by the Asbestos Disease Awareness Organization (ADAO). The Fourth Annual Asbestos Awareness Day Conference includes events designed to increase public awareness about asbestos and related diseases and will be held on Saturday March 29 at the Barbara Ann Karmanos Cancer Institute in Detroit, Michigan. Representatives from organizations such as the Center for Asbestos Related Disease, the Karmanos Cancer Institute, the Occupational Health Clinic for Ontario Workers, the National Center for Vermiculite and Asbestos-Related Cancers, and the United States Environmental Protection Agency are scheduled to speak at the conference. (Source: Asbestos and Mesothelioma News)

Monday, August 4, 2008

Ny code enforcement fired after asbestos incident

Cherry Creek, New York â€" A code enforcement officer from the Chautauqua County village of Cherry Creek claimed to have been fired after blowing the whistle on his boss over an asbestos-related incident. The incident centers on the demolition of Cherry Creek’s old and dilapidated schoolhouse. Code enforcement officer Frank Watson refused to sign off on the demolition papers on the grounds that proper asbestos abatement procedures weren’t being followed. The trouble began in February, when demolition of the Cherry Creek schoolhouse was initiated. At the time code enforcement had not issued any permits, and there were questions about whether an asbestos inspection had been carried out prior to demolition. Watson claims that after the demolition had already began, Cherry Creek’s mayor asked him to sign off on the demolition, but Watson refused to do so. Watson subsequently claimed that “By me not signing that permit and by speaking out I’m being fired.” Cherry Creek Mayor Dean Mount says, however, that the incident “probably” had something to do with Watson being fired, but only “a very small part of it.” Watson claims that he was fired for purely political reasons to do with his refusal to illegally sign the permit, calling the incident “small-town politics at its worst.” The Mayor, however, claims that Watson was fired due to budget constraints. At a meeting held on March 12, Department of Labor’s Asbestos Control Division confirmed that notice of asbestos code violations in relation to the Cherry Creek school building had been issued to the village. Department spokesperson Chris Perham confirmed that “The violations ha[d] stipulations attached that state the village must correct whatever the specific issue was.” An additional problem that the special Village Board meeting at which Watson was fired wasn’t properly publicized according to New York State Open Meetings Law requirements. The law requires that such meetings be publicized in the media. In this case, the requirement would have been to publish notice of the meeting in local newspaper “The Post Journal,” but this was not done. Instead, says Mayor Mount, flyers were posted around town to publicize the meeting. Posting flyers satisfies only one half of the law, which states that public notice of a meeting should be given to the news media and should also be “conspicuously posted in one or more designated public locations.” (Source: Asbestos and Mesothelioma News)

Epa to begin clean up of illinois reliant site

The federal Environmental Protection Agency may soon begin remedial clean up of a contaminated site in Rock Falls, Illinois, the Rock Falls City Council learned this week. The agency will be taking the lead in initiating clean up of the site, and will complete the project with the help of the city. The contaminated area is the former Reliant Fastener site, which contains an abandoned factory heavily contaminated with asbestos. The presence of asbestos on the site means the EPA must be involved in the clean up, according to environmental engineer John Brimeyer. However Brimeyer, who works for the environmental clean up company Terracon which was hired to work on cleaning up the site, says the project can proceed only if money is available in the city’s fiscal budget for this year. If money isn’t immediately available the project cannot begin until October. The clean up plan has been several years in the making. In 2006, the federal EPA approved more than $120,000 in Brownfields money to fund an initial survey of the site. The survey was carried out to determine the extent of the contamination at the Rock Falls River site, and begin devising a plan of action to clean up residual asbestos and other toxic substances. The Illinois EPA has approved the plan for cleaning up the site, which includes removal of contaminated soil and ground water. The contaminated soil will be removed in a vacuum-type process, which the EPA estimates will be completed over a period of four to six months. Brimeyer says the federal EPA must sign off on the project before it can proceed, but does not anticipate any problems with that part of the plan. A date hasn’t yet been set for the soil clean up, but it may begin at the same time as another phase of the project, in which rubble will be removed from the former Reliant site. Rock Falls Mayor David Blanton says he is satisfied with the progress being made on the clean up project, even though it may not be completed for some time. “We are moving forward, it does seem slowly, but in scheme of things, it is rapidly. Hopefully, in a couple of weeks we’ll have the final verdict one way or another of which way to go. We do see light at the end of the tunnel.” (Source: Asbestos and Mesothelioma News)

Sunday, August 3, 2008

Weekend warning for colorado tornado survivors

Windsor, Colorado â€" After a town meeting on Saturday, plans for rebuilding and a warning for residents of homes which were damaged and destroyed by the tornado were issued. The massive tornado destroyed more than 100 homes in Windsor, Colorado. The heavy storm brought with it winds of up to 165 miles per hour, as well as heavy hail, and powerful tornadoes which are thought to have touched down six times in Colorado. The only known fatality is Oscar Michael Manchester, aged 52, who died when the storm struck his camper at a park on the southeast of Windsor. Around 100 residents have been treated for minor injuries. At the Saturday meeting, residents were told that almost 600 homes had been assessed to determine whether it was safe to return to them. Around 340 homes were safe for occupancy, 154 were in need of repair but were safe for occupancy, and 102 were declared unsafe to live in. The American Red Cross is providing short-term housing for people who need accommodation for up to 30 days, while the Department of Local Affairs will assist in providing longer-term accommodation for those who need it. The Colorado Department of Public Health and Environment has issued a warning to residents about the possibility of dangerous asbestos in homes which were damaged or destroyed by the hurricane. Exposure to asbestos can cause the development of fatal cancers, but the effects of mesothelioma cancer don’t manifest for three to five decades after exposure. Asbestos is a potential problem after a destructive storm due to the presence of the substance in homes built prior to the 1980s. Asbestos was so commonly used in construction materials before the 1980s that most homes built before this time will contain some asbestos in materials such as siding, roofing shingles, or insulation. A storm that damages older homes could potentially release asbestos fibers, making homes unsafe to return to until any damaged asbestos has been cleaned up. According to the Department of Public Health and Environment, residents should be cautious about handling pipe insulation, linoleum flooring, textured ceiling plaster, shingles, drywall, and plaster. The DPHE says any materials which may contain asbestos should be kept isolated from other materials to prevent contamination. In addition, the materials should be thoroughly wetted if they have to be removed or disturbed in any way. Any materials suspected to contain asbestos should not be cut or burned. (Source: Asbestos and Mesothelioma News)

$3.2m asbestos verdict upheld after appeal

Baton Rouge, Louisiana â€" Fifteen months after winning a verdict of $3.2 million, Ray Rando, a former contractor who developed mesothelioma after asbestos exposure, has won his case all over again, this time in the Louisiana First Circuit Court of Appeal. Ray Rando won the case against defendants Parsons Infrastructure & Technology Group, Inc. and Jacobs Constructors, Inc. Rando developed mesothelioma after working as a welder and pipefitter for the construction companies, and being exposed to asbestos on the job. He worked in these positions between 1965 and 1985 and was diagnosed with mesothelioma in 2006. In a statement, Rando’s attorneys said, “Ray Rando’s employers tried repeatedly to evade responsibility for his injuries, but these committed attorneys convinced the trial court, and then the Court of Appeal, that these companies were responsible to their employees for exposing them to dangerous levels of asbestos.” “Mr. Rando’s employers did not protect him from the clouds of asbestos in which he worked, even though basic prevention methods have been known since the 1930s. This man has had to accept that the disease that will kill him was preventable, but his employers did nothing to protect him.” In their decision the Louisiana Court of Appeal ruled that since Louisiana’s Workers’ Compensation Act doesn’t cover mesothelioma, and therefore mesothelioma lawsuits brought against employers can’t be barred on the basis of workers’ compensation coverage. In addition, the appeals court ruled that the state’s ten-year pre-emptive period to bring personal injuries claims arising from deficiencies in construction improvements did not bar Rando’s lawsuit. The appeals court ruled that the claims Rando made against his employers fell within statute exceptions because his employer, which was a turn-key construction company working onsite at chemical plants, had control over the  conditions at the construction sites where Rando was exposed to asbestos. Asbestos was commonly used in construction materials in the twentieth century, particularly between the 1940s and 1980s. Its fire-resistance, acid-resistance, strength and durability made it an ideal material to use for insulation, caulk, plaster, adhesives, cement products, and many other types of construction materials. In addition to causing deadly cancersâ€"including mesothelioma and lung cancerâ€"asbestos exposure causes a chronic lung disease called asbestosis, and other types of lung damage. Mesothelioma is perhaps the most lethal of the asbestos-related diseases. This cancer is difficult to diagnose and treat, and is incurable. (Source: Asbestos and Mesothelioma News)

Saturday, August 2, 2008

$9.7m verdict awarded in texas mesothelioma case

Houston, Texas â€" A Texas man was this week awarded a total of $9.7 million by a jury who heard his asbestos-related lawsuit and determined that he developed mesothelioma as a result of negligence on the part of the Crane Company. Chief Brewer and his wife Gail filed the lawsuit more than a year ago, after Chief Brewer was diagnosed with mesothelioma. During the trial, the jury heard that Brewer had served as a machinist mate in the U.S. Navy, and had been exposed to asbestos because the Crane Company, a defense supplier, had manufactured pumps, seals, and other products that contained asbestos. Asbestos was commonly used in ship-building and construction in the twentieth century, particularly between the 1940s and 1980s. Its fire-resistance, strength and durability made it an ideal material to use for insulation and packing materials on board Navy vessels, and it was widely used in Navy ships for several decades. In addition to causing deadly cancersâ€"including mesothelioma and lung cancerâ€"asbestos exposure causes a chronic lung disease called asbestosis, and other types of lung damage. Mesothelioma is perhaps the most lethal of the asbestos-related diseases. This cancer is difficult to diagnose and treat, and is incurable. During the trial the Brewers’ attorneys claimed that the Crane Company had continued to sell its asbestos-containing products long after it was aware that asbestos exposure was a serious health hazard. In addition, the plaintiff’s attorneys showed that the Crane Company manufactured and sold its asbestos-containing products without warning users that asbestos was a dangerous substance, and that exposure could cause serious diseases. The last year has been difficult for the family. In addition to coping with the stress of the court case, Brewer has been hospitalized numerous times for treatment, undergoing grueling courses of chemotherapy. Both Chief and Gail Brewer were appreciative of the jury in their case as well as their attorneys. Gail Brewer said, “we appreciate and applaud the efforts of the jury, who put their lives on hold for two long months away from their jobs and families. I think it is a huge sacrifice and very commendable for them to do that for our family.” The $9.7 million awarded to the Brewers included $700,000 for medical expenses and loss of income, as well as $5 million in non-economic damages awarded to Chief Brewer, and $4 million in non-economic damages awarded to Gail Brewer. (Source: Asbestos and Mesothelioma News)

Two ma theatre owners will pay asbestos fine

With their case set to go before a jury today, a father and son have entered a plea of “no contest” to charges of illegal asbestos removal. The charges relate to the Fitchburg Theater building on Main Street in Fitchburg, Massachusetts. Francis D. Tramontozzi, 72, of Tewksbury, and his son, Thomas M. Tramontozzi, 47, of Fitchburg, were each fined $3,850 after pleading in Fitchburg District Court. The Tramontozzis were charged with allowing asbestos emissions to be released into the air, and also with removing asbestos without notifying the Massachusetts Department of Environmental Protection. According to the state Attorney General’s office an inspector of the Fitchburg Board of Health brought the Tramontozzis’ case to the attention of the state Environmental Crimes Strike Force in 2006. An anonymous complaint was made which indicated the Fitchburg Theatre building, a commercial building in the downtown district, may contain a possible asbestos hazard. Upon inspecting the site, the Board of Health inspector noticed that asbestos insulation present on heat pipes was in poor condition, and was in need of repair or removal. Francis D. Tramontozzi, the owner of the property, was issued with a Board of Health violation notice. The notice ordered the Tramontozzis to fix the asbestos violations to comply with state regulations. However, when the Board of Health inspector returned to inspect the property several months later, the deteriorating asbestos insulation was still present. Subsequently Francis D. Tramontozzi told the Board of Health inspector that his son, Thomas M. Tramontozzi, had repaired the deteriorating asbestos insulation materials. Tramontozzi said the job was “complete.” A third Board of Health inspection was carried out, during which asbestos dust and debris was discovered to be present and uncontained in the area around the building. Following the discovery, the inspector contacted the Department of Environmental Protection to report improper asbestos removal. At the same time, Francis D. Tramontozzi was told that the work which had been done was unauthorized and that the problems would need to be fixed by licensed asbestos workers. Asbestos regulations must be followed strictly due to the hazards associated with exposure to the fibrous mineral. Asbestos exposure and inhalation of asbestos fibers can cause serious lung conditions such as asbestosis, and a rare and very lethal cancer called mesothelioma. Due to the hazards of asbestos exposure, state and federal regulations have strict laws controlling how asbestos is handled, removed, and repaired. (Source: Asbestos and Mesothelioma News)

Friday, August 1, 2008

Parents of thomas o’brien academy students learn of asbestos problems at school

Schenectady, New York â€" The Thomas O’Brien Academy of Science and Technology was last week forced to close for the upcoming school year due to asbestos-related problems. The Albany District school must undergo considerable asbestos remediation before it can open again. Parents were later informed of the school’s problems at a meeting on Friday July 25. Parents learned that the school’s five hundred students, in pre-kindergarten to grade six, will be relocated to other schools while the Academy is closed. According to school district spokesperson Ron Lesko students will be relocated to the former Philip Schuyler Elementary School for the duration of the work on the school. Work began on the Academy and it’s ‘parent’ school Giffen Elementary School when the school year ended in June, as part of a general improvement project. The Academy was shut down at that time to complete a small asbestos remediation project. However, when the crews began their work, they discovered that there was much more asbestos in the Academy building than was previously thought. According to Ron Lesko, asbestos was found in places from which it was thought it had been removed in the late 1980s. Some parents were worried at the news that asbestos was a problem at the school, but most are pleased at how the issue has been handled. The Academy, they say, has done the best it could in a bad situation, and has handled the problems promptly. A few parents are angry, however, because the first they heard of the asbestos problem and the closure of the school was on the evening news. Asbestos issues are increasingly prevalent in schools across the country. The substance was once heavily used in construction materials of many different types, but is now becoming a serious problem. As these buildings age the risk of asbestos exposure increases, and removal is a costly procedure. Federal law requires that all schools adhere to Asbestos Hazard Emergency Response Act (AHERA) guidelines which require schools to create and maintain asbestos management plans. In addition, schools must be inspected every three years, and asbestos management plans must be available for public review by staff and parents. After the discovery of the extra asbestos at the Thomas O’Brien Academy, air samples were taken in school buildings, but showed there were no elevated asbestos levels present. School officials estimate that the Academy will reopen for the 2009-2010 school year. Officials will meet with parents again this week to discuss more issues relating to the asbestos and the closure of the school. (Source: Asbestos and Mesothelioma News)

Nj environmental group targets chemical companies

A New Jersey environmental group has increased its legal efforts against two chemical companies it alleges have polluted a section of the Raritan River in Edison. The polluted segment of river is located near a popular public boating area. On July 16, Edison Wetlands Association and Eastern Environmental Law Center filed a motion seeking an injunction which would force the two companiesâ€"Akzo Nobel Chemicals and Basell USAâ€"to immediately cease discharging liquid and solid waste into the environment, and remove hazardous waste which has already built up along the river’s shoreline. Edison Wetlands Association member Robert Spiegel says samples of mud and tar from the river’s shore have been tested and found to contain a range of contaminants, including asbestos and 4-chloroaniline. Spiegel says the presence of those site-related materials clearly indicate that the materials are seeping out from the industrial sites. Even worse, however, is that the polluted area is located very close to popular public recreation areas. Spiegel says contaminated samples have been taken from an area which is “not even a hundred feet from where people come to fish.” Samples taken by an Akzo Nobel Chemicals consultant indicated the presence of high levels of benzene and arsenic. Benzene was found to be present at 860 times higher than acceptable limits, and arsenic at 550 times higher, according to standards set by the New Jersey Department of Environmental Protection. In January 2008, EWA filed a lawsuit claiming both chemical companies were violating the federal Resource Conservation and Recovery Act. However, Spiegel says that despite the evidence the environmental association presented no further action was taken. The EWA says it doesn’t yet know how far into the river the pollution has spread. Spiegel says, “We want the judge to order the companies to clean up their toxic mess first. Only then, we can clean up the river.” Spiegel says that the Department of Environmental Quality, and the owner of the site, have known for years that the contamination has reached unacceptably high levels, but have consistently failed to take any action. One problem delaying action is the question of who is responsible. Akzo Novel sold the site to Basell USA around two years ago, and Basell says that the responsibility for cleaning up the mess lies with Akzo Nobel. An Akzo representative said the company is reviewing the documents the EWA filed on Wednesday. (Source: Asbestos and Mesothelioma News)