Amanda Antell ย |ย  December 12, 2018

Category: Asbestos

The community of Ithaca, N.Y. is concerned after asbestos abatement procedures were recently announced for the former Tompkins County Library. Set to begin this month, the asbestos abatement procedures are meant to remove the harmful substance from the building site in the most efficient and minimal risk method possible.

The asbestos abatement was supposed to start in October, but the concerns of residents halted the process, according to an Ithaca Voice article. The entirety of the old building contains asbestos, including fireproofing materials, flooring, and roofing, which led to public concern.

According to the contracted firm hired to do the asbestos abatement, the project team had initially planned to remove all interior Regulated Contaminated Materials before beginning demolition.

Along with developer Travis Hyde, contractor Delta Engineers, Architects, and Land Surveyors had filed a plan in May 2018 that explained the asbestos abatement procedure. The contractors further stated that the asbestos would be cleaned out in an enclosed area that was sealed with negative air pressure.

However, the community was spurred into outcry when the contractors reportedly switched their abatement tactics to โ€œcontrolledโ€ rather than โ€œcontained.โ€ The contractors did this after the building was condemned in September 2018, with the director of code enforcement of the cityโ€™s Building Division and structural engineer, Mike Niechwiadowicz, stating it would be safe for workers to conduct the asbestos abatement from inside the building.

In contrast to the โ€œcontainedโ€ asbestos abatement plan, the โ€œcontrolledโ€ plan would have the contractors spray the site continuously with water as asbestos debris is removed. While this can help prevent airborne contamination, the water must be contained and filtered to prevent groundwater or soil contamination.

Overview of Asbestos Contamination Concerns

Asbestos is a fibrous material that is harmless when dormant, but can be dangerous to the surrounding environment once released into air or water. In fact, asbestos is a known carcinogen.

When asbestos fibers are inhaled, the fibers can become entrapped in the lungs and cause serious scarring. A number of serious health complications can develop from this, including asbestos lung cancer. If it embeds in the lung lining, it can cause mesothelioma.

Asbestos diseases can take decades to appear. Asbestos-caused lung cancer can take up to 35 years to develop to the point of showing symptoms, which often results in latent diagnoses and limited treatment options. This makes safe and strict asbestos abatement procedures vital for the publicโ€™s general safety.

As it stands, the federal government set strict regulations for asbestos use and removal over a decade ago. Trump-era deregulation brings its use and dangers back into the spotlight.

While contained asbestos abatement is the ideal, New York law states that a controlled procedure can be implemented if a building is condemned. This was reportedly the case for the old Tompkins County Library, with the local director of code enforcement Mike Niechwiadowicz declaring the building condemned after finding the building unsafe for the workers to directly work in.

Niechwiadowicz and the contractors ultimately opted for a controlled asbestos abatement, which will have the asbestos debris removed on covered trucks continuously sprayed with water. According to a public release report, this water will then be collected and filtered before being pumped into a designated storm drain.ย While this is an approved procedure for asbestos abatement, many residents are greatly against this.

Since October 2018, approximately 750 people have signed a letter circulated by Walter Hang, the President of Toxics Targeting, to stop the controlled asbestos abatement from happening.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual asbestos lawsuit or asbestos class action lawsuit is best for you. [In general, asbestos lung cancer lawsuits are filed individually by each plaintiff and are not class actions.] Hurry โ€” statutes of limitations may apply.

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