NYC 9/11 Public Portal Document
MAY-20-2002 21:45 U.S. EPA/DEPP
212 6373772 P.05/09
asbestos project monitor and air sampling contract
Asbestos recommendations
Joel R Kupferman, Esq,, Executive Director of the New York Environmental Law &
Justice Project
Th/4 outline Ures done Qi last minute. Various points probably have been left out.
1. All federal regulations should apply tor the debris removal disposal
2. All debris must be tested with Transmission Electron Microscopy fTBM)
3. EPA must completely accept responsibility and culpability for the environmental
disaster that occurred due to the coverup and inaction.
4. Remediation zone must include areas that have been exposed (north of Canal,
Brooklyn, NJ, etc)
5. All violations should be referred to the Assistant Chief of the Environmental
Enforcement Section at DOJ
6. What the EPA must do
a. ERA Should be doing the cleanup not NYC DEP
i. EPA has ultimate jurisdiction, enforcement, and authority on this
matter
il. Although some NYC & State agencies have administrative
penalties, the authority, many times actions were taken without
assessment of any penalties.
iii. NYC DEP has a long history of non-compliance
(1) NYC In general and NYC DEP has proven to be more than
"lax" in enforcing asbestos and other environmental
regulations
(2) They have continuously made false, inaccurate or
incomplete statements
(a) It is In their best interest to cover-up their inaction by
claiming that abatement Is not necessary
(3) NYC DEP admitted that it only issued one Asbestos violation
since 8Z11.
(4) Scaffolding Fatal accident A contractor who had an
impersonator take a safety test was fined only $350 and
served no jail time.
(5) City agencies have been notorious in their failure to recuse
themselves in Instances including conflict of interest issues,
complacency, lack of enforcement, sweetheart deals, and
other behavior that pul* the public at risk.
(a) One example, inc? 'des Department of Sanitation
hiring of Rapid Dcmolitlon/Hi-Tech Environmental/
NYC-WTC_000144816
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