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Showing posts with label Hazardous Materials. Show all posts
Showing posts with label Hazardous Materials. Show all posts

Wednesday, October 12, 2011

Asbestos Fears for Port Hedland Tug Workers

Maritime Union of AustraliaImage via WikipediaAustralian Mining's website reported on October 5, 2011, that up to 10 workers at BHP Billiton’s (BHP) Port Hedland site were exposed to asbestos after completing maintenance work on a tug boat.  According to the Maritime Union of Australia (MUA) crew from Teekay Shipping, a BHP contractor, were exposed to chrysotile, or white asbestos, while removing gasket material on the Star Voyager last month.  Two weeks earlier Teekay workers at Port Hedland walked off the job after asbestos was found in the gasket joining material on another tug, the PB Fitzroy.  Both the Star Voyager and PB Fitzroy were built by Chinese shipmaker Cheoy Lee Shipyards.
Here is the problem, even though Australia has banned the use of asbestos in their country.  That does not prohibit the use of asbestos in products that Australia buys.  Which is the same problem the United States has.
This incident exposed workers to asbestos for 24 hours, and in one case, exposed the worker's family to asbestos after returning home from work in contaminated workclothes.  Workers must be aware of the potential hazards in the materials they work with or otherwise how will they know how to protect themselves.
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Thursday, September 22, 2011

EPA Warns New York City Residents about Dangers of Illegal Pesticides

CABINETS FOR STORAGE OF PESTICIDE "STANDA...Image via Wikipedia
The Environmental Protection Agency (EPA), last week, conducted an investigation of businesses in several New York City neighborhoods revealing dangerous and illegal pesticides are widely available.  Federal and state experts conducted 47 inspections and found 16 different types of illegal pesticides.  The pesticides were not registered by EPA and consumers have no way of knowing how dangerous they are, because they were not subject to testing requirements or manufacturing controls that are required in the registration process. In all, nearly 350 illegal products were collected from the businesses in just three days.  Store owners and vendors found with the illegal pesticides were given a warning and told why selling these products are dangerous and illegal.  Separate but related criminal investigations conducted by EPA with the New York State Department of Environmental Conservation, the U.S Attorney’s Office, U.S. Customs, the U.S. Postal Service and the Manhattan District Attorney’s office produced similar results and several charges were made against individuals last week, resulting in 12 arrests.

EPA Regional Administrator Judith A. Enck said, "I encourage all New York City retailers to check their shelves and make sure all their pesticides have the required EPA labels.  Consumers should be careful to look for the EPA registration number printed on product labels, and to follow the directions for use, storage and disposal.  If a pesticide product does not have an EPA registration number, it should not be purchased.”
“The sale of illegal pesticides poses a direct threat to the health and safety of our community. In the cases charged by our Office, that threat was particularly imminent in the Chinatown neighborhood,” said District Attorney Vance. “Some of these illegal products look and smell like cookie crumbs, making them dangerously tempting to children.  Some of the other products are so toxic that one small vial can kill an adult male.  It is my hope that our collective criminal and civil law enforcement actions will prevent future injury or death.”
The inspections, which took place the week of September 12, targeted stores in neighborhoods in Brooklyn, Manhattan and Queens.  Among the items confiscated were various rodenticides, mosquito repellants and mothballs.  These items will be safely destroyed.
Under federal pesticides law, all products sold in the United States that contain pesticides must be registered with EPA.  Before a pesticide product is registered, the producer of the product must provide data from tests done according to EPA guidelines, to ensure that the product does not make people sick.  EPA then examines the ingredients and the way in which the product will be used, and assesses a wide variety of potential human health and environmental effects associated with use of the product.  Distributors and retailers are responsible for ensuring that all pesticides distributed and sold fully comply with the law.
Pesticides have been linked to various forms of illnesses in humans, ranging from skin and eye irritation to cancer.  Some pesticides may also affect the hormone or endocrine systems. In many situations, there may be non-chemical methods to control pests.   EPA recommends considering and using these methods as part of an overall pest management strategy.

EPA has created an illegal pesticides fact sheet in multiple languages, which it will be distributing to businesses and community organizations in the targeted neighborhoods.

In a separate series of actions earlier this week, the U.S. Department of Justice charged two New York City-based individuals, who together had distributed and sold thousands of packages of illegal pesticides in recent months, with misdemeanor violations of federal pesticide laws.  The Manhattan District Attorney’s office also charged 10 retail sellers with selling dangerous and illegal pesticides and with reckless endangerment.  Agents seized many more illegal pesticides from the individuals during their respective arrests.
For more information on pesticide regulation and enforcement, please visit the EPA’s Web site at: http://www.epa.gov/region2/pesticides.

Related articles
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Wednesday, September 21, 2011

Owner of Asbestos Abatement Training School Sentenced to Prison

Environmental Protection Agency Criminal Inves...Image via WikipediaIn November 2008, Albania DeLeon, former owner of Environmental Compliance Training (ECT), the country's largest asbestos abatement training school, fled the United States after her trial.  DeLeon was convicted of a broad range of charges including selling training certificates to thousands of illegal aliens who had not taken the mandatory training course.  Deleon then placed these unqualified individuals in temporary employment positions as certified asbestos abatement workers in public buildings throughout Massachusetts and New England.  Deleon was also convicted of encouraging illegal aliens to reside in the United States, making false statements about matters within the jurisdiction of the Environmental Protection Agency; procuring false payroll tax returns, and mail fraud. 
On October 30, 2010, law enforcement authorities in the Dominican Republic, working in conjunction with the U.S. Marshal’s Service, arrested her in the capital city of Santo Domingo, where she was living under an alias and had dyed her hair blonde. In November, 2010, she was extradited to the United States.  Yesterday, Albania DeLeon was sentenced to prison.   U.S. District Judge Nathaniel M. Gorton sentenced DeLeon, 41, formerly of Andover, Mass., to 87 months in prison to be followed by three years of supervised release.   She was also ordered to pay $1,200,939.45 in restitution to the Internal Revenue Service and $369,015 to AIM Mutual Insurance Company.
United States Attorney Carmen M. Ortiz said, “Today, justice was served, and Albania Deleon has finally faced the consequences of her crimes. I hope that this sentence sends a strong message to anyone who might contemplate fleeing to avoid punishment, that we do not give up on fugitives, and we will take all necessary means and resources to apprehend and prosecute them.”
“She ran and tried to hide, but eventually the law caught up with her,” said Michael E. Hubbard, Special Agent in Charge of the US Environmental Protection Agency Criminal Investigation Division in Boston. “Ms Deleon cynically defrauded the taxpayer and put her own workers and the public at risk due to her greed. Today’s sentence shows that individuals who put illegal profits ahead of the welfare of society will deservedly be prosecuted and pay a very high price.”
“This sentencing sends a clear message to employers that seek to gain an unfair business advantage over their competitors by employing illegal workers,” said Bruce M. Foucart, Special Agent in Charge of Homeland Security Investigations in Boston. “The potential risk to public health and safety involving asbestos and lead abatement and training licenses made this investigation and the need to bring this individual to justice even more compelling.”
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Thursday, September 08, 2011

Future Environment Designs Sponsors Vapor Intrusion Video

Future Environment Designs is proud to sponsor this informational video on vapor intrusion.  This video is designed as a public service awareness video on the dangers and concerns regarding vapor intrusion.  We hope this video is helpful and informative.

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Tuesday, August 30, 2011

ADAO to Livestream the film “Breathtaking”

Largest asbestos producerImage via Wikipedia
The Asbestos Disease Awareness Organization (ADAO) recognizing the global and negative impact of the Canadian asbestos industry, has partnered with Ontario filmaker Kathleen Mullen, the directer of Breathtaking, to hold a first-ever, international livestreaming of Breathtaking on September 26th, 2011 at 6:30 pm EST from the ADAO website.  The 45 minute screening will begin with a short introduction from Mullen and conclude with a fifteen minute question and answer session via Twitter with the filmmaker and ADAO President and Co-Founder, Linda Reinstein.
Breathtaking addresses the asbestos industry through a moving and personal investigation into the death of Mullen’s father, and the baffling present-day use, pubic mining, and incessant export of asbestos in spite of decades of scientific evidence that asbestos kills people.   Commercially mined since the Industrial Revolution, asbestos was nicknamed the ‘magic mineral’ for its fabric-like, and fire retardant properties and has been used in everything from brake pads to oven mitts.  Although it has been discovered to be carcinogenic, and asbestos use has been banned in many countries and limited in others.  However, Canada, Russia and several other countries, still mine asbestos and export it for use in developing nations.
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Tuesday, August 09, 2011

NYSDOL Asbestos Inspector Indicted in Kensington Towers Probe

Thank you to Darren Yehl of Cornerstone Training for bringing this indictment to my attention:

A state inspector and two City of Buffalo inspectors are among nine individuals and two companies indicted Thursday on felony charges related to an asbestos removal project in the city.  The 23-count federal indictment also charges six of the contractors' employees with improperly removing and disposing of asbestos at the Kensington Heights housing project on Fillmore Avenue.  Federal and state officials would not confirm the likelihood that workers or neighborhood residents were put at risk during the asbestos removal, but they would not rule it out either.

"These are very serious charges," U.S. Attorney William J. Hochul Jr. told reporters. "Asbestos is a highly dangerous substance."

The charges outlined in the 62-page indictment center around the work done by two companies -- Johnson Contracting of Buffalo and JMD Environmental Inc. of Grand island -- and the allegations that they violated the federal Clean Air Act by improperly disposing of asbestos.  The indictment also charges a state Labor Department inspector, Theodore Lehmann, and two city inspectors, Donald Grzebielucha and William Manuszewski, with falsifying inspection reports.

"They certified false documents or lied about what they saw," Hochul said.

Prosecutors said one of the inspectors has reportedly retired but two others remain on the job.  State and city officials declined to comment, and Lehmann, Grzebielucha and Manuszewski could not be reached to comment.  When asked if bribes were involved, Hochul said his office has yet to uncover any evidence of payoffs.

"At this point, I can't comment on the motive," he said of the inspectors.

Most of the indictment focuses on the work of the two companies hired to remove and dispose of asbestos at Kensington Heights.  Visible from the Kensington Expressway, the 17-acre public housing project has been a symbol of decay and abandonment for three decades.  The complex, made up of six vacant towers behind Erie County Medical Center, is owned by the Buffalo Municipal Housing Authority and was targeted for demolition two years ago.  Tearing down the eight-story towers is the first step in the Housing Authority's proposal for a new $105 million retirement community.

As part of the demolition, Johnson Contracting was hired to remove and dispose of the estimated 63,000 square feet of asbestos in each of the towers.  JMD was hired to monitor their work.  The indictment alleges that from June 2009 to January 2010, Johnson and two of its managers -- President Ernest Johnson and Supervisor Rai Johnson -- instructed workers to dump asbestos down holes cut through the floors of each building.  They also are charged with failing to wet the asbestos and leaving it in open containers for disposal. 

Aaron Mango, the assistant U.S. attorney overseeing the case, said Johnson's practices violated a wide range of regulations regarding the disposal of asbestos.

"It is so dangerous," Mango said, "you have to insure you're taking these steps."

The indictment also alleges that JMD, the company hired to monitor Johnson's work, conspired to violate the Clean Air Act.  The company was hired to conduct air sampling tests and other oversight work but, according to prosecutors, failed to do those tests properly.  The government also claims JMD falsified inspection reports.  The indictment also charges four of JMD's employees: Field Supervisor Evan Harnden of North Tonawanda and Project Monitors Henry Hawkins of Buffalo, Chris Coseglia of Niagara Falls and Brian Scott of North Tonawanda.

Each of the 23 counts carries a maximum penalty of five years in prison, a fine of $250,000 or both.

"Asbestos is a known carcinogen and we take very seriously these investigations," said David G. McLeod Jr., assistant special agent in charge of the Criminal Investigative Division of the U.S. Environmental Protection Agency.

According to the EPA, exposure to asbestos increases the risk of lung disease, including lung cancer and mesothelioma.  State and federal officials would not speculate on the public health risks posed by the asbestos-removal effort at Kensington Heights.  They did acknowledge, however, that given the companies' alleged practices and the six-month period in which the alleged violations took place, it is possible the public was put at risk.

"There are plenty of good reasons why the (Clean Air Act) is on the books," Hochul said.

Prosecutors said the indictment is the culmination of an investigation involving a wide range of state and federal agencies, including the FBI, the U.S. Department of Housing and Urban Development and the New York State Department of Environmental ConservationWork on Kensington Heights stalled last year and prompted the Housing Authority to terminate its demolition contract with developer Hormoz Mansouri in January.  Mansouri countered by suing the authority for breach of contract.  Federal officials said Mansouri, a politically connected contractor, is not accused of any wrongdoing.
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Monday, April 04, 2011

Board Member of Queens Cooperative Has An Asbestos Question

Habitat Magazine does twice a month podcast where they invite a New York co-op or condo board director to ask a legal question, and they host a panel of attorneys who address it.  In this podcast, Karen Ward, a board director of a 67-unit co-op in Queens, is facing an asbestos problem.  The board president of her co-op had hired a contractor to remove asbestos in their meeting room and a tenant' apartment.  The contractor was not licensed to do this type of work, and the proper disposal protocols were not followed.  According to Ms. Ward, the building is now facing fines and penalties.  Find the podcast at: http://www.habitatmag.com/rss/feed/podcast
 
The podcast was interesting to listen to on how the panel of attorneys address this issue.  First, the panel did not include a specialist (environmental attorney) in this type of problem.  These attorneys said they would bring on an environmental attorney, which should have been done as part of the podcast.  However, the individuals on the panel acknowledge their limited knowledge of the regulations impacting this issue and made excellant recommendations on how this individual should handle this problem.  Including potentially removing the President, calling the insurance company, and possibly even calling the regulatory agencies.  Highly recommend this podcast for Co-op and Condo Board members considering asbestos removal. 
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Friday, December 31, 2010

Paul Mancuso of Utica New York Ordered to Pay $17,972 to EPA

HVAC ducts insulated with chrysotile asbestos.
We have discussed this case in our asbestos refresher classes and slowly but surely it is getting resolved.  Paul Mancuso of Utica, New York was ordered to pay back $17,972.68 it cost the Environmental Protection Agency (EPA) to clean up toxic piles of asbestos that were illegally dumped in a rural Herkimer County field.  On Tuesday, December 28, the prosecutor, Assistant U.S. Attorney Craig Benedict, said it is satisfying to know that Paul Mancuso will have to pay some financial penalty for what he has done.  “We’re pleased that the judge has found Paul Mancuso responsible for repaying the taxpayers of the United States for money expended to clean up the asbestos that was illegally dumped as a result of the Mancusos’ criminal activities,” Benedict said.


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Wednesday, November 10, 2010

Kings Park Psychiatric Center Cleanup Estimated At $215 Million

Kings Park Psychiatric CenterImage via WikipediaThe verdict is in on the Kings Park Psychiatric Center environmental cleanup.  The cleanup is estimated to cost $215 million.  Compared to original estimates from developers ten years ago of $60 million, that is nearly 4 times the original estimates.  Though we don't think the original estimates were accurate at all.  The current estimate, developed by Dvirka and Bartilucci an environmental engineering firm based in Woodbury, NY, and TRC Environmental, an environmental consultanting firm based in NYC, is probably closest to the mark because Dvirka and Bartilucci and TRC spent several months on the property performing a number of inspections and surveys to get as accurate a picture of the materials and the costs involved with this project. 
The $215 million price is for demolishing all 57 abandoned buildings on the property and returning the 368 acres to open space, said a statement from the New York State Office of Parks, Recreation and Historic Preservation, which commissioned the study by Dvirka & Bartilucci.  The bulk of the cost, about $186 million, pays for tearing down the buildings and cleaning up asbestos and other hazardous materials. Other costs include $26 million to demolish and remediate five miles of underground steam tunnels and $3.7 million to excavate materials dumped on the property over the years.  State Sen. John Flanagan (R-East Northport) had secured $29 million for park cleanup and agreed to spend $3.6 million for the environmental study.  He said the actual cost will be determined when the projects are put out for bid. 
In February 2009, after community groups clamored for some resolution of the property, then State Parks Commissioner Carol Ash ordered the demolition of 15 buildings deemed unsafe, which will cost $14 million. Requests for bids for that project will go out soon.  Once that happens and those bids come in we will get a better idea what it will actually cost.



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Wednesday, October 20, 2010

Watertown Daily Times | Asbestos suspected in cellar of plaza

Code enforcement official (CEO) stops illegal asbestos removal work.  This is a good sign that some CEOs are starting to learn the asbestos requirements and bodes well for the asbestos industry.  Maybe we'll see less cheating, which will create more work for the asbestos industry.
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Friday, July 30, 2010

W. R. Grace To Pay For Asbestos Cleanup in Easthampton, MA.

Asbestos (tremolite) silky fibres from Val di ...Image via Wikipedia
W.R. Grace and Company leased a facility in Easthampton, Massachusetts where they produced zonolite attic insulation and fireproofing.  This facility received vermiculite that was mined in Libby, MT which is known to be contaminated with tremolite asbestosWR Grace and the owner of the property Oldon Limited Partnership agreed to pay an estimated $833,000 to cleanup the site and reimburse the Environmental Protection Agency (EPA) for past cleanup costs of $72, 537 as recently reported by Environmental Protection (click on title to see the full article).
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Sunday, June 27, 2010

ADAO Responds to Potential Canadian Efforts to Revive Jeffrey Mine « ADAO – Asbestos Disease Awareness Organization

amiante6.jpgImage by LHOON via Flickr
ADAO Responds to Potential Canadian Efforts to Revive Jeffrey Mine « ADAO – Asbestos Disease Awareness Organization

As the Asbestos Disease Awareness Organization notes, Quebec continues to consider chrysotile asbestos less dangerous than other forms of asbestos.  Since Jeffrey Mine, Inc.'s current mine has run out of asbestos, Quebec's government is offering $58 million dollar loan guarantee for Jeffrey Mine to open a new mine and continue mining asbestos.  Unfortunately, the market for this new asbestos is the Third World, where many industries are concerned more about staying in business versus human life.
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That Time of Year! Conferences, Posting Requirements, and OSHA Violations Increased!

It's that time of year again. We're between conferences.  February 15-16, 2024 was the Professional Abatement Contractors of New Yor...