Asbestos and the LHA

From Gerry’s post:
Sun shows true Agenda, Ignores Facts in Asbestos story

“Facts Supplied by Dr. Wallace and the LHA: The LHA had all led abated by a professional licensed company as per a contract in the years between 1990-1992 and received a certificate of Full Compliance.

Also, there was an extensive asbestos abatement project performed at NCV in the late 1980′s, again, in full compliance”

For an extensive asbestos abatement project to take place in the late 80s, and inspection report by a certified inspector would have been completed. This report is critical to compiling a work plan for abating asbestos containing material (ACM). Once the work is abated and inspected, compliance can be determined and the ACM that remains becomes part of an O&M plan for the physical plant.

Compliance does not mean that ACM isn’t present. Abatement includes removal of materials, but it also applies to covering (encapsulating) ACM. By encapsulating asbestos, for example, you’re using a coating or other material to bring the asbestos to a category of good condition. In other words it’s not dangerous as long as it remains in good condition and isn’t disturbed. With proper encapsulation, removal isn’t required.

Therefore, inspection reports should exist which describe the ACM in buildings where “extensive asbestos abatement” occurred. These regs were in effect in the late 80s. In fact, AHERA had emerged as the mandatory standard for schools by that time. Its use quickly proliferated to public buildings and beyond. 

Inspection reports are needed so that a scope of work to “abate” the ACM can be created. LHA would have put the scope of work out to bid. It should be in detail with material identification, locations of all the material and estimated quantities.

Once the asbestos is removed, manifests are required that identify the removal company, the means of packaging, shipping, and ultimate destination of the materials.

There’s a paper trail somewhere. If they can’t find it at the LHA offices, then the contractor who completed the work may have it on file, or the regulatory agency that oversees the process may also have a record. If records are not available for some reason, then you can start the drums drumming. But what can be done at this point? Back then, asbestos was mishandled routinely by maintenance workers, plumbers, janitors, etc. 

From what I’m hearing, the units may have been pretty clean. But the boiler rooms and hot water piping likely had ACM in poor condition at some point, if not the determining factor leading to the abatement project. Check for inspection reports.

Fast forward, years later you start a renovations project that involves demolition in a previously abated building, the records come in handy. Frankly, by this time workers know if there’s ACM in the building, so what one or two have said may be true and there may have been violations. It wouldn’t be unusual. But legally, you need licensed asbestos abatement professionals to inspect, test, handle, remove and transport it.

I’m hearing there was asbestos containing floor tiles. Wouldn’t be surprised if units still have the old 9″x9″ or 12″x12″ tiles. But, I’m not concerned about ACM in tiles as the bonding agent prevents fibres from being released into the air. But friable pipe lagging in poor condition is another story.

Lead paint … just follow the process above. It’s similar. After abatement is completed, there still can be lead paint in a building. I don’t know how much regs have changed in recent years, but it use to be required to abate 6 feet off the floor, removal only being required at bitable edges. So again, if you leave it in place and remove it later as part of a reno project, you need to address what’s remaining then.

I’m not sure what the argument is now, which is probably a good thing from a standpoint of objectivity. But it may help to know that the regs for these processes are state and federally mandated. Violation orders would come down from the appropriate agencies.

Of couse, the City is concerned about whether proper permits were pulled, and City inspections were performed. The project design would have included addressing ACM and lead as part of the controlled project. This may be a sticking point in the matter now.

But, if City, State and Federal agencies are working with LHA to get a clean bill of health, that’s what they get paid to do. So all I can say is get ‘er done!

I’m glad Councillor Elliot is holding eveyone’s feet to the fire. Public Safety is a serious and important matter, and transparency is once again paramount to process it to closure. As you can see, once he sees that things are under control, his focus turns to other issues. In my opinion he’s a good City Councilor to have on the team. But I’ll continue to monitor relationships as per my post City Manager Cleans Up Dodge.

George DeLuca produces ComeToLowell.com

City Council Agenda Feb. 7th 2012

LOWELL CITY COUNCIL
REGULAR MEETING
TUESDAY FEBRUARY 7, 2012
CITY HALL, CITY COUNCIL CHAMBER
TIME 6:30 PM

CITY CLERK
1. Minutes of City Council January 31st, Minutes of City Council Rules Sub/Committee January 31st for acceptance.

UNFINISHED BUSINESS
2. Vote – Accept proposal of Community Teamwork, Inc. ($178,001.00) & convey 391 Pawtucket St., Lot A.

GENERAL PUBLIC HEARINGS (Scheduled for 7PM)
3. Ordinance-Amend Zoning (169.1 169.2 Bridge St.) SGOD Amend s.9.6.

CITY MANAGER
4. Communication-From City Manager Responses to City Council Motions and Requests.
5. Order – 60 Day Trial (Various).
6. Vote – Accept gift ($6,302) from Community Teamwork, Inc.
7. Vote – Transfer $273,523.05 to HOME Program.
8. Vote – Auth Mgr. Execute Lease (VYO-Boston, Inc.) 740 Aiken St. – Parking.
9. Communication – Re-Appt. Susan Lemay, Joel Cohen and Karen Golden (Board of Assessors).
10. Communication – Appt. Jude DeHart and Re-Appt. Marcella Szczepanik, Troix Bettencourt, Brent Rourke, Suellen O’Neil, David Robinson, Jackie Hayes, Nicole Nickerson, Dorothy Duval and Janet Barsorian to the Hunger Homeless Commission.

REPORTS (Sub/Committee, if any)
11. City Council Rules Sub/Committee from January 31, 2012

MOTIONS
12. C. Elliott – Req. the City Council Youth Services S/C meet with UTEC Re: Vote Initiative.

13. C. Kennedy – Req. City Mgr. develop aggressive plan to collect delinquent real estate taxes.
14. C. Kennedy – Req. City Mgr. make three (3) appointments to the Board of Assessors.
15. C. Kennedy – Req. City Clerk provide a list of all Boards and Commissions along with expiration dates of members.

16. C. Mendonca – Req. City Mgr. have City Solicitor provide summary of pending lawsuits pursuant to Ch. 50 Sec. 7 (A)(3) of Charter.

17. C. Mercier – Req. City Mgr. provide updated list of all department head phone numbers.

John MacDonald and the Bear kick it off

They cracked the surface but they were on the right side of the issue. Basically, their recommendation is to open it up for discussion, and perhaps consider other transportation alternatives that may be more practical and economical.

 I’ve researched the trolley expansion issue as part of a study of general transit options throughout the City, and have developed a thought process about it, which can be found in various segments of The Lowell Connection. Basically, a trolley expansion cannot be considered independent of overall transit needs and economic development vision.

I wish I could say the second half hour of the show was as strong as the first, but it wasn’t. That’s not a pan at all, as it was the first show. We need more media coverage of local issues. The program shows promise, but Lowell needs more voices participating in (or starting) programs of this type.

Congratulations to John and the Bear for joining the fray of talk radio. I hope to call in at some point. Best wishes on your success.

Editor’s Note: John MacDonald and the Bear airs on 980WCAP on Fridays from 11am-noon.

George DeLuca produces ComeToLowell.com

Mercier to run for Re-Election in Dracut / Bond hosting Cable Show

According to WCAP Dracut School Committee Member Ron Mercier will run for Re-Election to the Dracut School Committee.
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Mike McLaughlin’s appointee to the Dracut Housing Authority Brian Bond has made his ” BIG” Announcement today on City Life. I missed it but was emailed the following:

He is going to do a CATV show in Dracut, called “Dracut’s Election Connection.” It will be a taped show, that will air several times a week. He’s doing it with 2 other Dracuteers, Billy Morin & Phil Thibeau. They will tape 2 shows a month for now, but may ramp up closer to the election. They are taping their first show, next Tuesday. The plan is to offer a different perspective than Warren Shaw’s show.

It will be interesting to see if any people running for Dracut Offices will appear on the show.

With the MANY Investigations going on concerning Dracut resident Mike McLaughlin involving lying about his salary, the number of hours worked , his campaign fundraising for Lt. Gov. Tim Murray (who appointed Mr. Bond to the DHA at Mr. McLaughlin’s request) and the attempted ouster of the DHA Executive Director so McLaughlin could get his “associate” a Housing Director position, Will State Rep., Selectman or School Committee candidates want to associate themself or their campaign with Mr. Bond and by association Mr. McLaughlin?

Rumors have it that a Selectman and a member of the Dracut Fiance Board both passed on the opportunity to co-host not wanting to be associated any further with the controversial Mr. McLaughlin or Bond’s obsession with Mr. Shaw.

Gotta go there’s a glass of Kool Aid waiting for me!