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)

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)

$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)

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)