Memo regarding WTC vehicle removal and liability, Apr 2002

NYC 9/11 Public Portal Document

Gilsenan, Michael From: Kelly McKinney [[email protected]] Sent; Friday, April 05, 2002 6:12 PM 4 To: [email protected] Subject: WTC vehicles

Draft Risk FDNY WTC AM NYPD ESS AM sessment TAB LES Data.xls Data.xls Mike,

At your request, the following is a brief description of the subject issue:

In the weeks following September 11th, 2001, as many as twelve hundred vehicles were removed from the vicinity of the World Trade Center and transported to the Department of Sanitation landfill in Staten Island. At the landfill, the vehicles were searched for evidence and human remains and their ownership status determined. Most of the vehicles were damaged beyond repair, but up to two hundred vehicles were considered "potentially operable" with many owners requesting their return. Many city agencies, including DOS, DOH, NYPD, FDNY, COSH and the Law Department (I believe DEP was invited) met at OEM over the course of several weeks. The issue of liability was discussed. Although data indicated only minimal potential for exposure to hazardous materials, if an owner got sick he or she might sue the city for personal injury damages. Legal counsel indicated the need to provide to the owner sufficient notice of potential health impacts as well as cleaning guidance. After discussing the issue at length in this series of meetings, we reached the following consensus approach: In the absence of an environmental hazard sufficient to condemn the cars for health reasons, WTC vehicle owners have the right to their property, assuming sufficient notice is given. I believe the Law Department discussed the approach with DEP General Counsel's office and Commissioner Miele was advised but I don't have details.

DOH, Law Department and DOS developed notice letters to vehicle owners alerting them that the city had possession and giving them 15 days to claim them. At DEP's request, owners were required to bring flatbed trucks to the landfill. The vehicle exterior was to be power washed by EPA at the site boundary and the vehicle tarped prior to removal by the owner. On March 18th, the first of 68 vehicles (the "WTC vehicles") were scheduled for release. On March 14th, Congressman Jerrold Nadler sent to EPA a letter that claimed "dangerous levels of asbestos" and said (among other things) "I respectfully request that you exercise your authority to file an emergency injunction...to stop return of these vehicles..." and "...direct EPA On-Scene Coordinators to remediate the cars for hazardous waste contamination before returning them to their owners."

EPA contacted MOEC, OEM, and the Law Department urgently requesting delay of the return of the WTC vehicles, to which the city agreed. We met with EPA (Bruce Sprague, Branch Chief of Hazardous Waste and Emergency Response and William Sawyer of EPA Region II legal) at 290 Broadway the following week. The meeting ended with a request from EPA for WTC vehicle data, which DOH provided that afternoon.

WTC vehicle data is attached. It is primarily air monitoring data collected from the vehicles most severely impacted by WTC dust and debris: New York city fire trucks and police emergency service vehicles that responded on September 11th. These vehicles were on the street in

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