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Thaindian News reports:
People living in and around a special economic zone in Cuddalore are “2,000 times more” likely to be affected by cancer than the normal population, says a report prepared for the Tamil Nadu Pollution Control Board. In a normal sample population, cancer occurs in one person in a million. But in and around the State Industries Promotion Corp of Tamil Nadu known as SIPCOT industrial park nearly 300 km south of Chennai, two in every thousand are likely to have cancer, say anti-pollution campaigners.
The Nagpur-based National Environmental Engineering Research Institute (NEERI) has prepared the report.
The study confirms the decades-old complaints by local residents that pollution from the chemical factories in the park is worst at night, especially in the village of Eachangadu.
The NEERI submitted the report in August 2007 to TNPCB without any public information. It came to light after an RTI plea by the local environment watchdog, Community Environment Monitoring (CEM).
[...]
The NEERI study found that areas near Shasun Chemicals, and the village of Eachangadu, were the worst affected.
Risk levels near Asian Paints and Tagros Chemicals are also high, the report said.
According to the report, children, elderly and the infirm were the most vulnerable. NEERI attributes this to “air transport of pollutants”.
Levels of Benzene – a chemical that causes blood cancer among children – were 125 times higher than safe levels.
Other carcinogens like chloroform, carbon tetrachloride, methylene chloride and trichloroethylene were 881, 553, 32.5 and 21.8 times respectively higher than acceptable levels, the NEERI report said.
NEERI says “the results are a conservative estimate” as “most of the industries are not operating to capacity on days of sampling”.
“If all the industries in the study area function to the full capacity, it may be expected that concentrations of pollutants will increase three-fold,” the institute told TNPCB.
The Community Environmental Monitor website provides this table of the actual pollution levels discovered:
List of Chemicals Detected with Highest Levels Recorded
| Name of Chemical |
Highest Level (microgram/m3)
|
Location |
Times above safe levels
|
| Benzene |
31.174 |
Asian Paints |
125 |
| Carbon tetrachloride |
72 |
Tagros Chemicals |
553 |
| Chloroform |
74 |
Shasun |
881 |
| Methylene Chloride |
133 |
Tanfac |
32.5 |
| Trichloroethylene |
24 |
Aurobindo Chemicals |
21.8 |
Read the full story here.
This is hardly breaking news, but we’re still catching up on things we missed. Since receiving this press release, we have also obtained a copy of the complaint or, as it’s known in Canada, the statement of claim. The facts are just enraging (e.g. TCE levels in the air inside the Vitez’s home were discovered above 200 ug/m3). We’re still deciding how to make these available on the blog since they are lengthy. In the meantime, if you’d like a digital copy, feel free to contact us.
For now, here’s the official press release:
Toxic air and contaminated groundwater blamed for chronic illnesses in multi-million dollar lawsuit
FOR IMMEDIATE RELEASE – MARCH 14, 2008
CAMBRIDGE, ON – Northstar Aerospace, GE Canada and Rozell Inc., are amongst the Cambridge-based businesses named in a multi-million dollar environmental lawsuit. Spearheaded by Denis and Deborah Vitez, the suit points to these businesses as being responsible for groundwater contamination and toxic air in local residents’ homes, and in the case of the Vitez family, resulting in chronic breathing problems, Parkinson’s Syndrome and neurological damages which have escalated over the past five years. The suit claims that the companies were aware that toxic levels of the human carcinogens Trichloroethylene (TCE) and Chromium were seeping into the groundwater in the vicinity of their Bishop Street plants.
The Vitez family is seeking punitive and general damages, citing negligence, failure to disclose information, misconduct, and failure to comply with the Environmental Protection Act, among other claims against the defendants. TCE, a solvent used for degreasing metal parts, is considered a toxic substance and probable human carcinogen under the Canadian Environmental Protection Act. Chromium is also classified by health organizations as a human carcinogen. Due to the companies’ failure to properly handle, store and dispose of the substances, the Vitez family has suffered through years of discomfort and pain, culminating in the diagnoses of asthma and severe sinus infection in Mrs. Vitez, and symptoms indicating Multiple Sclerosis and Parkinsonism – a group of nervous disorders with symptoms similar to Parkinson’s disease – in the case of Mr. Vitez.
Paul Mann, Counsel for the Vitez family, and one of Canada’s top litigators in health-related matters, explains, “These companies knew they were contaminating the water and air with toxic chemicals, failed to warn homeowners that levels were in excess of Ministry of Environment (MOE) standards, and failed to prevent further release of the chemicals after they first learned of the leakage and discharge. Denis and Deborah Vitez may never get their health back as a result and it is time for justice to be served.”
Denis and Deborah Vitez married in November 2003, and she moved into the house that the widower had shared with his first wife Donna since 2000. Donna had often complained about a strange odour in their house before she died in 2002 from brain cancer that had mysteriously resurfaced after three years in remission. Additionally in late 2003, Northstar Aerospace conducted tests on their Bishop Street property and concluded it was contaminated with TCE and Chromium at levels that exceeded MOE standards (a reading of over 230). Testing was expanded to include a wider area, but it took the company over a year to publicly state that the property was severely contaminated, that TCE had migrated through the groundwater and that TCE vapours had seeped into some of the buildings and properties in the area.
The company promised to take measures to resolve contamination issues in affected homes, including gutting and resealing basements, and removing toxic vapours through the installation of Heppa filters and air exchangers. Work at the Vitez residence commenced in December 2005 with a promise of completion within two months. Just days into the process, the Vitez family was forced to vacate for 11 days due to a noxious odour. Then, in early 2006 their recently resealed basement was torn up for plumbing modifications by Northstar’s contractors. During the three weeks of this construction, the Vitezes remained in their house, assured by company PR representatives that the toxicity levels were nothing to worry about. However, no air quality tests were conducted during this time period. Work was still underway well into May 2006.
Denis Vitez’s first tremors appeared in late autumn 2005. He was also waking nightly for months due to tingling and pain in his extremities. Deborah Vitez subsequently began having breathing problems and embarked upon an exhausting and frustrating course of treatment for what would be diagnosed as severe asthma, throat and sinus infections. For the next two years both would see various doctors and specialists, including a neurologist for Denis, who ordered numerous tests, blood work and brain scans. The ultimate diagnosis was Parkinsonism, with additional symptoms of Multiple Sclerosis.
“We were devastated by this news,” says Denis. “We were both feeling unwell and dealing with so much stress. Then in August 2006, Northstar began digging on our property without our consent. Two weeks later, we learned the contamination under our home was dangerously high. We moved out immediately on our own expense, and haven’t returned since. It’s too much of a risk. We want the responsible parties to own up to their negligence and irresponsibility.”
Paul Mann is a sole practitioner who operates his practice in the City of Cambridge, Ontario. He has been litigating complex medical malpractice issues, for plaintiffs only, for approximately 30 years. Mr. Mann has won the Bruce Hillyer Award for litigation and the advancement of justice on two separate occasions. He was also honoured by the Ontario Trial Lawyers Association with the “Celebration of the Personal Injury Bar” award as a leader in his profession for the year 2007. Ron Culley, co-council on this case, has extensive experience with health-related matters as a trial lawyer and practises in Waterloo, Ontario.
For further information or to arrange an interview with Paul Mann, Denis or Deborah Vitez, contact: Sandra Perron or Pat Hayward at 519-623-0700.
Update: Since many folks have arrived here looking for it, you can now download the Statement of Claim here .
According to ABC News (that’s the Australian Broadcasting Company, by the way):
The Health Department says another 900 residents could be affected by contaminated bore water in Adelaide’s western suburbs.
They live in Findon, further west of the Beverley and Woodville South residents who were warned back in December not to use ground water because it an industrial cleaning agent had been detected.
Hydro geologists have advised that the area affected by trichloroethylene is wider than earlier thought.
Acting chief medical officer Paddy Phillips says letters are being sent to residents of the newly-identified problem area.
“The zone will now extend westward to include Findon Road to the east, Balcombe Avenue to the south, Pioneer Street and Todville Street to the west and Ryan Avenue to the north,” he said.
“We’re now letting people know that the area has expanded slightly and again reminding people to take appropriate precautions and that is to not use bore water in that area for drinking or swimming or irrigation.”
Best we can tell, bore water=private well water.
Surprisingly, there has been no mention of the danger of toxic vapors or vapor intrusion even though contamination has clearly been discovered under and near buildings and homes. These communities should be warned of the risk of vapor intrusion, and tests should be conducted to rule it out.
The Jerusalem Post reports that Israel’s Ministry of Environmental Protection has identified the reduction of toxic air as a “top priority” for 2008:
The ministry’s agenda for 2008 focused on reducing pollution, especially air pollution, as well as assessing Israel’s contribution to global warming. According to the ministry, air quality in Israel is lower than the average for Western countries. To improve it, the ministry plans to adopt and enforce the European IPPC standard as well as adjust legislation to dovetail with government environmental policy. The Integrated Pollution and Prevention Control requires highly polluting industries to acquire a permit of environmental approval to operate. Finally, the ministry intends to set up filtering systems on electricity plants.
In a related story, the Post reports the Ministry is already making good on its commitment, announcing that 11 factories are under investigation for contributions to toxic air around Haifa Port:
The ministry tested the air quality around the port for 24 hours in June and then again in September. They found that the levels of benzene, chloroform, methylene chloride, formaldehyde, and trichloroethylene were all too high. The above are all either carcinogenic or suspected of being carcinogenic. The 11 factories either use, store or sell the chemicals in question.
Shuli Nezer, head of the air pollution branch at the ministry, told the committee that more tests would be conducted in February to locate the sources of the pollution, which thus far remain unknown.
Committee head MK Ophir Paz-Pines (Labor) demanded that the factories suspected of releasing the chemicals be shut down until the leaks could be identified.
“We must close down suspected factories until it can be proven that they are not the polluters. It cannot be that in Israel in 2008 there is an occupation [the] price [of which] is human lives,” he declared.
Read the full stories here and here.
According to environmental lawyers Willms & Shier’s newsletter, Canada: Environment, Energy & Resources Law (Jan 2008), Toronto Public Health is now seeking comments on a proposal that would require stricter reporting from companies that use and emit TCE and PCE. From the proposal being circulated by TPH:
In 2007, Toronto Public Health examined a variety of chemical substances that may be released from institutional, commercial and industrial operations in Toronto and identified 25 toxic substances of priority health concern. They include carcinogens such as cadmium, trichloroethylene and formaldehyde. These substances occur in the Toronto environment at levels that are of concern to health. For Toronto residents, emissions to air are the most important route of exposure to these chemicals, and hence pose the greatest health risk.
Although we know these substances are in our environment at levels that are a concern to health, we are missing important information about how these chemicals get into our environment. To be able to reduce the levels found in our environment we first need to know where they are coming from.
Canada has a pollutant tracking program called the National Pollutant Release Inventory, or “NPRI.” About 300 facilities in Toronto report to the NPRI. The majority of operations in Toronto that may use or emit chemical substances, however, are too small to meet current NPRI reporting requirements. Toronto Public Health estimates that more than 80 per cent of emissions to air of these 25 priority substances are not reported at all. The proposed Environmental Reporting and Disclosure Program would fill this gap in information. It will track the use and release of the priority chemicals from all sizes of operations.
Over the past two years, Toronto Public Health has examined similar programs used in North America and met with businesses, community organizations and other experts to decide what would work best for Toronto.
This document presents an idea about how an Environmental Reporting and Disclosure Program could work. It does not contain the actual text of a bylaw. It identifies elements such as the chemicals to be tracked, the types of businesses affected, what information they would be required to report and how the public could access the data. It also outlines some options for facilities to innovate, prevent pollution and improve competitiveness.
Download the full consultation document/proposal entitled Environmental Reporting and Disclosure from Toronto Public Health. The comment period ends February 6, 2007.
I was cruising the Shannon Citizens’ Committee website today and I came across this helpful explanation and overview of carbon filters and carbon filtration, esp. for TCE.
From their website (English, French):
OUR MISSION
The gravity of the situation necessitates, in our opinion, constant and rigorous attention to this matter, so we have taken on the task of representing the citizens in everything, big and small, that touches the contamination file. To do this we have a seat on the Follow-up Committee put into place by the municipality and we are in contact with the Québec Public Health Department and the Ministry of the Environment so as to ensure the most adequate solutions. The citizens of Shannon are at the heart of our preoccupations, we believe it is essential that all citizens be informed.
OUR OBJECTIVES
- To ensure regular surveillance of all the filter systems put in place at the homes with contamination problems.
- To see to it that all the citizens on the south side benefit from a water test and that rigorous surveillance is assured on the north side of the municipality.
- To find answers so that residents who wish to take advantage of medical support have ready access to adequate resources.
- To see that the Committee be informed of all the steps that are taken at the environmental level.
- To see to it that the aqueduct system be installed as quickly as possible without entailing any additional cost to residents.
Thanks to Charles Veilleux, the attorney handling the recently-approved class-action lawsuit in Quebec on behalf of Shannon residents, we have learned there will be a press conference regarding the case this week:
When: March 28, 2007 at 10:00 a.m.
Where: MORENCY, SOCIÉTÉ D’AVOCATS
400-3075, Chemin des Quatre-Bourgeois,
Québec (Québec) G1W 4X5
For more information: Charles Vellieux, by phone at (418) 651-9900 or email at cveilleux@morencyavocats.com.
Thanks for keeping us posted, Charles. Congratulations on the recent class certification. Best wishes to you, your team, and residents of Shannon.
Thanks to CPEO for this tip:
Montreal Gazette (Quebec, Canada)
March 25, 2007
A Quebec Superior Court judge has allowed residents of Shannon to launch
a class-action lawsuit against the Department of National Defence and
SNC Tech over drinking water that was contaminated with
trichloroethylene, or TCE.
Residents are seeking several hundred million dollars in damages for
health problems they blame on the industrial solvent.
The residents charge that during the 1950s, Shannon’s underground water table was contaminated with TCE used at the adjacent Canadian Forces Base Valcartier. Health Canada says TCE is a potential carcinogen.
Read the full story here.
The Manila Sun Star reports:
The Department of Environment and Natural Resources (DENR) has found cancer-causing trichloroethylene (TCE) chemicals in groundwater samples taken from some areas of Las Piñas City, thus prompting Mayor Imelda Aguilar to create a task force that will determine the extent of the contamination of the aquifer.
Read the full story here.
A recently published article from CancerConsultants.com reports:
Occupational Solvents May Increase Risk of Lymphoma
Researchers from Italy have reported that occupational exposure to solvents such as benzene, xylene, and toluene may increase the risk of developing non-Hodgkin’s lymphoma (NHL) and Hodgkin’s lymphoma (HL). The details of this case-control study were published in Epidemiology .
[...]
Many, but not all, studies show a consistent link between woodworking and Hodgkin’s disease . Trichloroethylene is an organic chemical used in dry cleaning, metal degreasing and as a solvent for oils and resins and has been identified to cause liver and kidney cancer in animals. Exposure to trichloroethylene has been associated with an increased chance of developing Hodgkin’s disease and other cancers. Machinists in the metal working industry have also been reported to have a higher than average incidence of Hodgkin’s disease. Exposure to pesticides has been associated with an increased incidence of Hodgkin’s disease in some, but not all, clinical studies. It has also been known for some time that young adults with infectious mononucleosis are at increased risk for the development of Hodgkin’s lymphoma.
Read the full article here. Or check out the abstract of the study, entitled “Occupational Exposure to Solvents and the Risk of Lymphomas.” (the full study is available here for download with registration)
According to this website:
The law firms of Sutts, Strosberg LLP and Hilborn & Konduros are prosecuting a proposed class action against Northstar Aerospace (Canada) Inc. (”Northstar”).
The action is on behalf of all persons who own real property area within the City of Cambridge bounded by Bishop Street North to the north, Briarwood Drive to the east, Highland Park to the south and the intersection of Bishop Street North and Hamilton Street to the west (the “Class Area”).
In late 2004, Northstar began conducting ground water and soil testing near its facility located in Cambridge, Ontario. The testing revealed that trichloroethylene (”TCE”) and chromium were present at levels that exceeded the standard established by Ontario’s Ministry of the Environment.
[...]
If you own property within the Class Area, please provide the information requested on the Communication page of this website or call Sutts, Strosberg LLP at 800.229.5323, extension 8296 or Hilborn & Konduros at 519.658.6341.
Its unclear how this action relates to this earlier lawsuit announcement.
O.K., we must admit, we know next to nothing about adequate solvent replacements for TCE and don’t intend to develop deep expertise in this area. That said, Manufacturingtalk.com reports this news:
2006 marked the fifth series of the EnSolv Roadshow, which visits towns and cities throughout the UK and Europe. Visiting the Brooklands Hotel in Barnsley, 100 delegates located from Scotland to London and beyond to Germany and Benelux, registered for this popular event. 25% of the audience were aerospace related following the unique success in EnSolv 5408 being approved by Boeing as a suitable alternative to Trichloroethylene.
A little digging reveals that the news comes by way of a press release from EnSolv manufacturer, Stowlin Croftshaw.
The Cambridge Times (Ontario, CAN) reports:
Preston residents affected by contamination caused by a chemical spill at Northstar Aerospace are invited to a public information forum tomorrow.
The forum will be led by independent public facilitator Robb Ogilvie. The meeting will be held at 7 p.m. at Fairview Mennonite Home auditorium, 515 Langs Dr.
Tomorrow’s meeting is the first since the disbanding last month of the Bishop Street Community Liaison Committee. City councillors voted to disband the committee because two of the members are involved in class action lawsuits against Northstar. Council chose instead to pay for a facilitator to host neighbourhood meetings and update residents on groundwater and air quality testing and remediation efforts.
Tests on groundwater and soil at Northstar found trichloroethylene (TCE), a solvent used as a degreaser at the manufacturing facility on Bishop Street.
More than 1,600 indoor air samples have been collected from 335 homes. Tests at 102 homes showed TCE levels that required no remedial action; 109 required regular monitoring; and 120 homes had TCE concentrations that required remediation. To date, 109 homes have had equipment installed to clean the air, and another 45 homes will be outfitted by June.
Back in January of this year, the law firm of Scarfone Hawkins (Ontario, Can) issued this press release [PDF, 21K]:
CAMBRIDGE RESIDENTS COMMENCE CLASS ACTION LAWSUIT ALLEGING ENVIROMENTAL CONTAMINATION
Northstar Aerospace, Inc. and Northstar Aerospace (Canada) Inc. facing legal action as a result of Trichloroethylene (“TCE”) contamination
A Statement of Claim was issued in the Ontario Superior Court of Justice today for damages for negligence, nuisance and breach of duty against Northstar Aerospace, Inc. and Northstar Aerospace (Canada) Inc., in respect of alleged contamination of TCE in the subsurface and groundwater of lands in close proximity of the Northstar manufacturing plant located in Cambridge, Ontario
The Statement of Claim seeks damages for negligence, nuisance and breach of duty in the amount of $100,000,000.00 and punitive, aggravated and exemplary damages in the amount of $10,000,000.00.
The Plaintiff, Linda Watson, owns a home located in close proximity to the Northstar manufacturing plant on Bishop Street North and is bringing the action under the Class Proceedings Act, 1992, on behalf of a Class consisting of any person or persons who own property within a three (3) mile radius of the Cambridge Plant, whose property has been contaminated with TCE.
[...]
The Statement of Claim alleges that TCE was widely used by the Defendants in their plant and that the Defendants allowed TCE seepage and contamination of surrounding properties.
The Statement of Claim, which contains allegations which have yet to be proven in Court, alleges that readings of TCE levels indicate the existence of TCE in the subsurface and groundwater around the Cambridge plant, far in excess of acceptable standards. The Statement of Claim alleges that the surrounding public community is well-aware of the TCE contamination and that, as a result, people living within a 3 mile radius of the plant have suffered loss and damage.
The Claim is being pursued by Scarfone Hawkins LLP of Hamilton, a law firm with significant experience in handling complex class action claims on behalf of Plaintiffs.
[...]
For more information, contact James Scarfone or David Thompson of Scarfone Hawkins LLP at (905) 523-1333.
At their website, you can also review the official Statement of Claim or complete the resident’s questionnaire .
…with TCE and other toxins, acccording to this report on Haaretz.com:
Groundwater in the country’s central region is severely polluted, a new survey commissioned by the Water Commission reveals.
The survey, conducted by researchers from Hebrew University and Ben-Gurion University, found dozens of violations of drinking water standards in the area around Ramat Hasharon, Herzliya and Tel Aviv, along with traces of toxic materials, mainly from the nearby Israel Military Industries plant.
[...]
Water in the IMI complex also contained very high concentrations of various poisonous materials used in making explosives, as well as of chromium, a carcinogenic metal. Another carcinogen, trichloroethylene, was found in high concentrations in four drill sites outside the IMI complex as well.
Read the full story.
Back in February, we mentioned that this was in the works. It has now been approved. From the official press release:
Health Minister Ujjal Dosanjh today announced that Health Canada and the Federal-Provincial-Territorial Committee on Drinking Water has agreed to a more stringent guideline for the amount of trichloroethylene (TCE) in drinking water.
The new guideline is 10 per cent of the previous limit, lowered from
0.05 mg/L to 0.005 mg/L.
“The quality of drinking water is a priority for Canadians and their
governments,” said Minister Dosanjh. “Our collaborative work with provinces
and territories on establishing guidelines, such as this one provides
benchmarks that ensure that our drinking water is safe.”
TCE is a volatile solvent used extensively in the automotive and metal
industries for degreasing and cleaning of metal parts. TCE can enter
groundwater as a result of industrial effluents or spills, or leaking from old dump sites. Regulations under the Canadian Environmental Protection Act, designed to phase out the use and sale of TCE in Canada, came into force in July 2003.
Note: For comparison purposes, the old Health Canada standard equates to 50 parts per billion (ppb). The new standard is 5 parts per billion, consistent with U.S. EPA’s current federal safety threshold for TCE in drinking water.
Read more here.
…to keep people safer from TCE, please encourage them to contact:
Jody Milanese (millaneese) in Congresswoman Sue Kelly’s office at 202-225-5441
The Montreal Gazette has an informative overview of the TCE contamination situation in the Municipality of Shannon in Quebec, Canada where residents range between alarmed and furious over cancers and illnesses thought to be related to TCE exposure:
200 cases of cancer have been documented by a local doctor in a small town of 3,700 residents, located 25 kilometres northwest of Quebec City. These include brain, kidney, pancreas, liver, uterus and skin cancer….In the U.S., incidence of brain cancer is four in a population of 100,000, [the doctor] said: “I have seven or eight cases for the small population here. That’s unusual.”
In addition to the mayor’s public statements, the regional health department has conceded that the cancers might be linked to TCE poisoning. Read more here.
Meanwhile, though it appears more study is under way, we also discovered that 2 lawsuits are pending in the Superior Court of Quebec:
- The Municipality of Shannon has filed suit against the alleged potentially responsible parties (prp’s) including the Government of Canada. The municipality is seeking, among other things, $41.3 million for the extension of the water distribution system and the establishment of a new source of water for the municipality and $15 million in punitive damages. The municipality is also seeking a permanent injunction ordering the Defendants to stop the contamination in the municipality and an order to proceed with the decontamination. From National Defense Canada backgrounder.
- A resident of the municipality of Shannon, Marie-Paule Spieser, has also filed suit against against the Government of Canada, attempting to get class action status granted. Mrs. Spieser is claiming damages in the amount of $165,000 including $100,000 in punitive damages. She also wishes to bring this action on behalf of everyone who resides or has resided in the Municipality of Shannon since 1953 and who has suffered damages due to the presence of noxious substances, including TCE, in the groundwater of the municipality of Shannon as a result of the actions of the Defendants. Plaintiff estimates that approximately 2,000 individuals are included in this group. From National Defense Canada backgrounder.
Update: Though we missed it the first time around, the Gazette article above reports that the town dropped its $56-million damage suit against the federal government, opting for a $19-million out-of-court settlement. It appears the class-action suit is still pending.
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