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Showing posts with label asbestos waste disposal. Show all posts
Showing posts with label asbestos waste disposal. Show all posts
The second day of the Professional Abatement Contractors of New York's (PACNY's) 23rd Annual Environmental Conference at Turning Stone Resort & Casino in Verona, New York, started in the Vendor Exhibit Hall with the realization that there were quite a few new vendors on display. To be exact 5 additional vendors added to the usual 23 vendors the conference usually has. To provide access to the presentations PACNY has loaded most of the presentations from the three-day conference at their website, click here.
Video of the Vendor Exhibit Hall at Turning Stone Casino
Opening remarks & conference welcome were done by Chairman Deb Sanscrainte of Aramsco, and PACNY President Joseph Cantone, of Colden Corporation. The first presenter for the second day was Sue Rossi, CHMM the Sr. Industrial Account Manager of Waste Management, her topic was "Asbestos and other special wastes". Her presentation informed us that New York State in 1988 had 227 landfills and now there are only 26 active landfills, many closed due to tougher environmental regulations. Her presentation also informed us that NYS requires landfills to treat non-friable asbestos-containing materials (ACM) that are placed into an asbestos labeled waste bag (class 9 bags) as friable. Even if they are put into class 9 bags that were turned inside out. If the bag rips open at the landfill, the landfill will back charge the contractor for the additional fee for disposal as a friable instead of the nonfriable charge. Ms. Rossi also discussed that Waste Management's High Acres Landfill can accept polychlorinated biphenyls (PCBs) bulk product (e.g., caulk, paint, mastics, sealants) waste. The approval checklist and backup information for the handling of PCB bulk product wastes and a copy of her presentation can be found here.
Sue Rossi, CHMM of Waste Management speaking about Friable ACM waste
Our next presenter was Timothy W. Pullis, ARM, Construction Practice Leader of Brown & Brown of NY, Inc., discussing "Workers' Compensation EMR Fundamentals". Mr. Pullis discussed a drugfree workplace credit of 5% (worth 5 points); experience mod was explained as a formula that calculates the ratio of "expected" losses compared to "actual" losses, the experience mod is a statistical comparison of risks using the same job class codes and similar payroll, and the result adjusts the annual workers compensation premium based on the prior loss experience by "modifying" the manual premium; and EMRs over one (1) could exempt people from certain contracts. Our presenter before coffee break was Adam Schrader, President of Ecospect and George Schambach, President of NYS American Association of Radon Scientist and Technologist (AARST) Professional Home Inspection Service discussing "Current Radon Legislation in NYS, and current national American National Standards Institute (ANSI)/AARST Standards for testing and mitigation in all building types". Mr. Schambach discussed pending NYS legislation Assembly Bill #A8605 and Senate Bill #S6851 to amend the real property law, in relation to radon service professional licensing. Radon service professionals would include - radon measurement professional defined as radon service professional who deploys and retrieves radon detectors and provides a report of the associated measurement results that are generated by a radon analytical laboratory and radon mitigation professional defined as a radon service professional who interprets radon test results and determines the most effective way to manage radon concentrations within buildings.
Corey Briggs of Colden Corporation - Freeze Framed!
After taking our break in the Vendor Exhibit Hall, Kevin Canaan, of AAC Contracting, started the presentations by awarding Joseph D. Lane, President of Environmental Protection Services, PACNY's Lifetime Achievement Award for his many years of service above and beyond normal PACNY duties. Corey W. Briggs, MSPH, CIH, CET, FAIHA, Senior Consultant of Colden Corporation, led a presentation titled "Freeze Frame - Focus on H&S" that was entertaining for the many pictures of unsafe acts. Next up was Brian Sampson, of the Associated Builders and Contractors Association, discussing "Trends and Issues of Concern for the Construction Community". His discussion touched on the legalization of recreational marijuana and the extension of prevailing wage to private work.
Mike Rubin of Goldberg Segalla - Proactively Establish Your Defenses
After lunch and the Vendor Exhibit Hall Mike Rubin Esq., Partner at Goldberg Segalla, discussed "Occupational Safety and Health Administration (OSHA) Top Ten Tips - Minimize and Eliminate Exposure". Mr. Rubin's presentation touched on the employer's rights during an OSHA inspection, creating an OSHA response plan, asserting your rights during an inspection, and points necessary for a proactive defense. After another visit to the Vendor Exhibit Hall, Mike Waller, PhD, of Rochester Regional Health, spoke on "Sustainability/Solutions and How to Balance". Dr. Waller started his presentation with "how do you define sustainability." His definition was thought-provoking "development that meets the needs of the current generation without compromising the needs of future generations" or in other words "Solving today's challenges without creating future problems". The presentations ended with Rob DeMalo, Member of the Board of Directors of the Environmental Information Association (EIA) and Senior Vice President of EMSL Analytical, Inc, presentation on "Toxic Substance Control Act (TSCA) Regulatory Update". Discussing the Significant New Use Rule (SNUR) proposal from the Environmental Protection Agency (EPA).
Vendor Reception - Food and an Open Bar
After the presentations, the Vendor Reception was held in Vendor Exhibit Hall including food and an open bar. The vendor reception included the usual suspects Aramsco, DiVal, Frederico Demolition,Healthy Indoors, and Future Environment Designs, click here for a full list of Sponsors/Vendors. One of the interesting new vendors was Sundstrom displaying new respirators for asbestos and silica and Red Roof Inn with a special discount for conference attendees. The second day is called Professional Day and all the presentations definitely met the definition of professional with a lot of valuable information provided and may takeaways. Stay tuned for the final day Regulatory Day!
Here we are again! The Professional Abatement Contractors of New York's (PACNY's) 22nd Annual Environmental Conference is 13 days away. As usual, we are excited for the conference and looking forward to going to Turning Stone Resort & Casino in Verona, New York to hear some presentations, gamble a bit, and enjoy some great networking. We are sponsoring the conference, again. So come visit Future Environment Design's (FEDTC) at booth 18! Ms. Sheryl Esposito will be womaning the booth! As we have done in the past, we will be tweeting the conference live at twitter.com/angelogarcia3 with the hastag #FEDTCPACNY on Twitter. There are some exciting presentations we look forward to hearing, this year!
Long Island is Usually Represented by Some Entertaining Characters!
Linda Reinstein, President & Co-Founder of the Asbestos Disease Awareness Organization and the Global Ban Asbestos Network, presentation on Thursday, March 1, 2018, is the keynote speaker. She is inspiring and we are looking forward to hearing an update about the ban of asbestos under the current administration. Mr. James Meacham, of the New York State Department of Labor (NYSDOL), presentation on Wednesday, February 28, 2018, "Solving the Mystery of the ACB" sounds intriguing. Considering all the problems we have experienced on Long Island (Clemente Park & Dix Hills) with the dumping of asbestos and other hazardous materials, Richard Clarkson, of New York State Department of Environmental Conservation (NYSDEC), presentation on Thursday, March 1, 2018, on "Part 360 Revisions and Solid Waste Regulations" should be very interesting! On the same day, Mr. Adam Andrews, of the American Council of Accredited Certifications (ACAC), presentation on "The Advantages of Certification for Indoor Air Quality" will give us a different perspective. Mr. Bob Krell of IAQ Technologies and Healthy Indoors Magazine, presentation "Avoiding Potential Pitfalls of Mold Investigations and Remediation Projects" will close out Thursday. Leading us into the cocktail reception in the exhibitor hall.
Cocktail Reception in the Exhibitor Hall
The final day of the conference typically starts with a presentation before NYSDOL's panel and round table discussion. This year, we are looking forward to hearing AAC's Peter DeLucia's presentation on "Managing the Many Facets of the Silica in the Construction Standard". It will be interesting to hear how a contractor is dealing with this new standard that went into effect in September 2017. The conference will close out with the Panel from the NYSDOL featuring Dr, Eileen Franco, Director; Mr. James Meacham, PE, Program Manager; Ed Smith, PE, Engineering Services Unit; & Mr. Kirk Fisher, Licensing & Certification Unit. They will be giving us an update on what they are doing and an opportunity to ask questions. If you wish to attend you can register for the conference at PACNY's website. We look forward to seeing you there. It always a good time!
Mazza & Sons Inc., located in Tinton Falls, New Jersey, was named in a seven-count indictment of conspiring to dump 60 million pounds of asbestos-contaminated debris at a farm containing wetlands in upstate New York. Arrested under the indictment were Dominick Mazza, the owner of Mazza & Sons, Julius DeSimone of Rome, New York, Donald Torriero of Wellington, Florida, and Cross Nicastro II of Frankfort, New York.
The indictment describes a scheme to illegally dump thousands of tons of asbestos-contaminated, pulverized construction and demolition debris that was processed at Eagle Recycling’s and Mazza & Sons Inc.’s, New Jersey-based solid waste management facilities. That asbestos-contaminated debris was then transported to and dumped at Cross Nicastro II’s farm in Frankfort – much of which contained federally-regulated wetlands. Dumping and excavating operations were managed on-site by Julius DeSimone.
According to court documents, Donald Torriero and other conspirators concealed the illegal dumping by fabricating a New York State Department of Environmental Conservation (DEC) permit and forging the name of a DEC official on the fraudulent permit. Once the conspirators learned that they were under investigation, they began a systematic pattern of document concealment, alteration and destruction by destroying and secreting documents responsive to grand jury subpoenas and falsifying and submitting environmental sampling to the U.S. Environmental Protection Agency (EPA).
Back in April, NJ.com reported, Eagle Recycling of North Bergenpleaded guilty in federal court to dumping 16.2 million pounds of pulverized construction and demolition debris - including asbestos - at the site and then attempted to destroy documents to conceal it. As part of the plea agreement, Eagle Recycling agreed to pay a criminal fine of $500,000, to implement an environmental compliance plan at its North Bergen facility, and to pay restitution that potentially includes cleanup costs.
Liotta Bros. Recycling Corporation, operates a solid waste management facility in Oceanside and a retail store called “Island Hopper Landscape Supplies” in Island Park.
Floor tiles being part of the waste in the mulch brings up the question is it asbestos containing or not. If it is asbestos the mulching process obviously makes it friable and would make it regulated by the Environmental Protection Agency (EPA) as a category I nonfriable that has become friable. Hopefully, not many people used this company's products. It will be interesting to see how this is handled.
Asbestos fibres - a single fibre is believed to cause mesothelioma
As we have discussed in our asbestos refresher classes, and previously in our blog, the Mancuso family is in the news again. This time it is Lawyer Steven Mancuso of Utica, New York being disbarred from practicing law upon his conviction for conspiring with his brother, Paul Mancuso, to cover-up illegal asbestos removal operations. Steven, Paul and their father, Lester Mancuso, were sentenced to three years in federal prison last June.
An attorney since 2002, Steven Mancuso was found guilty in a federal trial for wrongfully aiding his brother in the creation of fraudulent partnerships and submission of false legal documents in an effort to conceal the illegality of Paul Mancuso’s asbestos business. Steven Mancuso denied the charges, yet U.S. District Court JudgeFrederick Scullin ruled that he had used his legal skills in the furtherance of his brother’s criminal conspiracy. “When an attorney used his law license to commit crimes and to aid another in the commission of crimes, the appropriate sanction is disbarment,” stated the December 30th ruling. Reports said that Mancuso is currently in the process of appealing to the court, saying that the prosecutors failed to properly handle a variety of legal issues.
We recently had a question regarding how to handle nonfriable asbestos wastes (roofing materials, vinyl floor tiles, asbestos cement pipe) in New York State. The first regulations we need to review is the Environmental Protection Agency's (EPA) regulations, in particular the National Emissions Standards for Hazardous Air Pollutants (NESHAPs). NESHAPs is the regulation that regulates asbestos waste disposal on the federal level. NESHAPs would separate asbestos waste into three categories, the first category would be regulated asbestos containing materials (RACM); all friable asbestos containing materials are RACM. The second and third categories would be nonfriable organically bound materials (e.g. roofing materials and vinyl floor tiles) are Category 1 nonfriable asbestos waste and other nonfriable asbestos waste (e.g. cement pipe and transite) would be Category 2 nonfriable asbestos waste. Assuming these last two categories do not become friable during the removal, EPA NESHAPS would not regulate the disposal of these materials. Leaving the responsibility to New York State Department of Environmental Conservation (NYSDEC) to regulate these materials. On January 25, 1985, NYSDEC issued a policy memorandum (for a copy of the NYSDEC memo follow the link on the title to our discussion group) regarding asbestos waste. This memo states that regulated asbestos waste includes friable asbestos material waste (Regulated Asbestos Containing Materials (RACM) under EPA NESHAPS) and control device asbestos waste. Control device asbestos waste is defined as any asbestos containing waste material that is collected in a pollution control device. Other asbestos containing waste shall be treated as construction and demolition debris.
This leaves us to decide what a pollution control device is? My view is that a pollution control device would be an asbestos labeled waste bags (as seen in the photo above) or drums. As long as you do not place nonfriable category 1 or 2 asbestos containing waste (assuming that during the removal you did not make the materials friable) into an asbestos labeled bag or drum, the waste can be disposed of as construction and demolition debris in New York State. If you have a differing opinion, please comment below or send me an email and we will post it here and in our discussion group.
PACNY's Environmental Conference - Day 1 - And So It Begins!(futureenv.blogspot.com)
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