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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, April 01, 2011

Hazardous Waste In Landscape Mulch

Picture of a Caterpillar 826C landfill compact...

Image via WikipediaLong Island Business News reported yesterday that Victor Liotta, owner of an Oceanside company,  Liotta Bros. Recycling Corporation, was arrested and is being charged of scheming to defraud, prohibited disposal of solid waste, operation of a solid waste management facility without a permit and misbranded or adulterated fertilizer. 
The arrest occurred after a New York State Department of Environmental Conservation (NYSDEC) engineer uncovered that a sample of wood chips from Liotta’s landscaping company contained altered wood and demolition debris, including plastic chips, floor tiles, rags, sheet metal and rubber.

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.
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Thursday, March 31, 2011

Restoration & Remediation Magazine - The RRP Rule: One Year Later

In this month's issue of Restoration & Remediation Magazine, Mr. John Banta wrote an excellant article regarding the Environmental Protection Agency's (EPA) Lead Paint regulation - Renovation, Remodeling, & Painting Rule.  The article covers the history of the rule and discusses enforcement issues.

As the article discusses the roll-out period for firms to become certified by filing their paperwork and paying their fees to the EPA, as well as for the Certified Renovators supervising these jobs to be trained, was extended to the end of 2010, but the effective date for using lead safe work practices remained April 22, 2010.  As Mr. Banta indicates in his article "this means...that any firm performing work for hire in target housing or child-occupied facilities built prior to 1978 is required to follow the regulations, even if their paperwork hasn’t been processed or even filed."  However, this grace period is over.

The EPA may audit the records of any firm in violation of the regulation for up to three years after the job is complete and be fined up to $37,500 per occurrence per day. If the violation of the law is willful, the fine can be doubled and jail time may be assigned by the courts.  This law applies in all federal jurisdictions; except states, tribes, and territories that EPA has approved to administer their own RRP programs.  According to the article those states are, Wisconsin, Iowa, North Carolina, Mississippi, Kansas, Rhode Island, Utah, Oregon, Massachusetts, and Alabama have had their programs approved in lieu of the Federal program. Approved State programs must be at least as strict as the EPA regulations.
Don't forget tomorrow is the EPA Information Session at Hofstra and if you have any questions please post them here or at Future Environment Designs Forum, and I will try to get an answer to your questions.


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Wednesday, March 30, 2011

Hofstra is Hosting an Information Session on EPA's Lead RRP Law.

Environmental journalism supports the protecti...Image via WikipediaThe Guest Speaker will be Jeanette Dadusc, the RRP Coordinator, Region 2 for the Environmental Protection Agency (EPA).  I will be attending this free information session on Friday, April 1, 2011 at 11:30 AM at Breslin Hall.  If anyone has any questions they wish me to ask, please post them here or on the Future Environment Designs Forum.  Maybe I will see you there.
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Tuesday, March 29, 2011

Jury Selection Begins in the Deutsche Bank Building Fire Trial

Deutsche Bank Building damaged by falling debr...Image via WikipediaThe Engineering News Record (ENR) of New York wrote an excellant article on the beginning of jury selection for the manslaughter trial of site safety manager Jeffrey Melofchik, 49, who worked for Bovis; Mitchel Alvo, 58, the cleanup director for subcontractor John Galt Corp.; Salvatore DePaola, 56, a Galt foreman; and Galt itself on the fire that occurred in 2007 at the former Deutsche Bank Building.  The article does an excellant job of providing a history of all that has occurred since the fire occurred in 2007.  Including the Manhattan District Attorney's investigation, the National Institute of Occupational Safety and Health (NIOSH) investigation, and the New York City investigation.  Based on the article it would seem the Manhattan District Attorney will have an uphill battle getting a conviction on this trial.
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Monday, March 28, 2011

EPA Proposes to Add Area Near Hicksville, New Cassel, Westbury, Hempstead and Salisbury, N.Y. to the Federal Superfund List

Map of regional administrative divisions of Ne...Image via WikipediaMarch 8, 2011 the Environmental Protection Agency (EPA) announced that they are proposing consolidating areas in Hicksville, New Cassel, Westbury, Hempstead and Salisbury in Nassau County, N.Y. into one site and adding it to the Superfund National Priorities List of the country’s most hazardous waste sites.  Ground water throughout the site is contaminated with harmful volatile organic compounds (VOCs). The Magothy aquifer, Nassau County’s primary source of drinking water, has likely been impacted by the contamination.  Residents of the affected towns are currently receiving drinking water that is being treated to remove the VOCs.  EPA has conducted an initial investigation of the site, and the Superfund designation will allow EPA to further investigate the extent of the contamination and its sources and remediate it.  EPA will solicit input from the public before reaching a final decision on whether to add the area to the Superfund list.

With the proposal of this site to the Superfund List, a 60-day comment period will begin during which EPA solicits public input regarding this action.  For instructions on how to submit comments, go to http://www.epa.gov/superfund/sites/npl/pubcom.htm or contact Dennis Munhall at (212) 637-4343 or munhall.dennis@epa.gov.

VOCs are often used as ingredients in paint, solvents, aerosol sprays, cleaners, disinfectants, automotive products and dry cleaning fluids.  Repeated and direct exposure to VOCs can cause serious health effects including damage to the liver, kidneys and central nervous system.
“By placing the site on the federal Superfund list, EPA can do the extensive sampling needed to determine the best ways to address the widespread ground water contamination in this area of Long Island,” said EPA Regional Administrator Judith Enck.  “Residents of Long Island rely on ground water as their source of drinking water.  It is imperative that Long Island’s drinking water is protected from toxic contamination. Placing these areas on the federal Superfund list is an essential step to cleaning up this water contamination. EPA needs to take a more comprehensive look at the contamination and any potential health and environmental threats it poses.”
New York State had been examining a number of areas contained in the newly proposed site individually, and determined that the contamination would be better addressed as one large site.  Ground water testing by EPA in 2010 confirmed the presence of elevated levels of VOCs in 11 public water supply wells, six in Hicksville, four in Hempstead and one on Westbury.  The impacted towns have installed treatment systems to remove VOCs from the contaminated ground water before it goes into the water distribution systems, and to monitor water quality and the treatment systems regularly.
A variety of past industrial and commercial activities in the area may have caused the ground water contamination, although investigations by the New York State Department of Environmental Protection (NYSDEC) have yet to identify the specific sources contaminating the wells.  NYSDEC has investigated 17 facilities in the New Cassel industrial area between Frost St. in New Cassel and Swalm Ave. in North Hempstead.  NYSDEC and some of the entities in the New Cassel industrial area potentially responsible for the contamination have already installed systems to remove contaminants from the ground water at and near some of the sites.  The New Cassel industrial area is just north of the four contaminated wells – the Bowling Green wells – in Hempstead.
With all Superfund sites, EPA does an extensive search to identify and locate the parties potentially responsible for the contamination and make them pay or perform the cleanup work.  The majority of Superfund cleanups are performed by or paid for ny polluters, not tax dollars.  Superfund money s used for EPA oversight costs and when no responsible party can be identified.

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Friday, March 25, 2011

Engineering News Record of New York Interviews William Rapetti

Tower Crane in Venice, Italy
Engineering News Record (ENR) of New York interviewed William Rapetti after his acquittal of manslaughter charges stemming from the deadly collapse of a 200-foot tower crane in Manhattan in 2008.  The interview was well done and provides the reader with a glimpse of the tenacity and perserverance it takes to defend yourself against unfair charges.  In addition, it gives you a look at the process of when you are charged with manslaughter, and what a person and his family goes through when you become the target.  An very good read and the reporting was done very fairly.
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Conference Season Starts in 3 Months Save the Date: PACNY 2025 Environmental Conference & EIA 2025 National Conference

With the end of 2024 fast approaching, we are looking ahead to 2025, we are excited to announce the dates for the Professional Abatement Con...