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Wednesday, August 10, 2011
Rudy Giuliani and Air Quality After 9/11: Part 1 & Part 2
Tuesday, August 09, 2011
NYSDOL Asbestos Inspector Indicted in Kensington Towers Probe

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 Conservation. Work 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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- CMM Realty Alleged to Have Violated OSH Act and Clean Air Act (futureenv.blogspot.com)
- Building owner accuses asbestos removers hired by city of not being safe (newdayunderwriting.wordpress.com)
- Daily Show Exposes Asbestos Hypocrisy in Quebec Canada (futureenv.blogspot.com)
Friday, August 05, 2011
The Engineering Job Interview - How an Engineer Dresses Professionally
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Monday, August 01, 2011
NYS Senate Considering Asbestos Notification Fee Changes
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- NYC DEP Plans Increase In Enforcement On Asbestos Investigators (futureenv.blogspot.com)
- Daily Show Exposes Asbestos Hypocrisy in Quebec Canada (futureenv.blogspot.com)
- NYCDEP Creates a New Closeout Process for A-TRU (Asbestos) Permitted Projects (futureenv.blogspot.com)
- Summer & Fall 2011 Future Focus Now Available Online (futureenv.blogspot.com)
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Friday, July 29, 2011
Judge Stops Changes to Manufacturers Trust Company Building
Marble Columns Required Protection from the Poly, Spray Glue, & Duct Tape. |
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Wednesday, July 27, 2011
NYS Education Department Issues Clarification on Asbestos Material Testing
New York State Education Department's Office of Facilities Planning newsletter #107 (July 2011) issued clarifications regarding asbestos material testing that were brought up by the New York State Department of Health' Environmental Laboratory Approval Program's (ELAP) FAQ. Major points from the newsletter:
- Review your management plans and data, and determine if the ceiling tile results were obtained through an appropriate test, ELAP items 198.6 or 198.4. If the tiles were correctly tested in accordance with the current protocols and the data are available, no additional testing is required. If that information is not available, or if the results were not obtained in accordance with ELAP items 198.6 or 198.4, school districts should consider testing as either part of an existing or planned capital improvement or as an independent analysis prior to disturbance.
- Be aware that ceiling tiles and other products purchased today can still contain asbestos, but many manufacturers offer documentation as to the asbestos free nature of their products. Some manufacturers date stamp ceiling tiles. If you can provide documentation of when and where the tiles were purchased and installed, the manufacturer should be able to provide documentation or certification that they do not contain ACM, and your management plan should be updated accordingly.
- If you have documentation that your ceiling tiles or other materials are non-ACM, additional testing is not required, however, as in any investigation, actual bulk sample results would supersede documentation in an analysis of the situation.
- Check the ELAP list, contained in the web links above, to see if any other materials in your school that may be disturbed such as vinyl tile, mastic, caulking, etc, were tested under the correct protocol, and the results are available. If these items were not tested properly under the current protocol with negative results they should be considered for additional sampling prior to any disturbance.
- If ceiling tiles and other materials are found to be asbestos containing under the current analysis method, the schools asbestos management plan must be updated in accordance with AHERA regulations. Areas with significantly damaged ceiling tiles must be isolated and the damaged areas removed in accordance with AHERA and code rule 56. Districts should consider whether to undertake capital projects if certain ceilings must be accessed on a regular basis.
Considering my reccent article in Future Focus, it seems like someone else is thinking along the same lines as myself.
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Friday, July 22, 2011
Where Should Your Necktie Tip Fall?
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- How to Match a Tie with a Dress Shirt and Suit (artofmanliness.com)
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