HomeMy WebLinkAbout08-28-13 News ReleaseNEWS RELEASE
Date: Wednesday, August 28, 2013 3 p.m. `
Prom: 6th District Council Member Oliver J. Davis Contact: 876 -6938
Public Morks & Property Vacation Committee Chairperson
City-Council Concerns Over Protecting the Public Health From Asbestos Risks Related to Proposed
Demolition of Vacant and Abandoned Homes Validated
On April 26th, Council Members White and Schey joined me in a issuing a News Release asking the City
Administration to make sure that the "...public health, safety, and welfare of our City are protected" with regard
to the vacant and abandoned proposed demolition program. We focused on four (4) key public safety areas:
1. Has the Indiana Department of Environmental Management (IDEM) approved the City's demolition
program and if so may we have copies?
2. What are the budgetary implications regarding compliance with IDEM's asbestos regulations?
3. Are there penalties if the City fails to comply with state and/or federal asbestos regulations?
4. Has the City contacted the EPA Region 5 Asbestos Coordinators on the proposed demolition program?
A copy of that April 26th News Release is attached.
Monday's, update from Code Enforcement Director Shubhada Kambli to the Council's Residential
Neighborhoods Committee on the vacant and abandoned program validated the Council's public safety
concerns raised over four (4) months ago when she noted that:
• 116 vacant and abandoned house have with inspected for asbestos with a prevalence rate of about eighty -eight
percent (88 %)
• $16,000 has been spent by the City on asbestos training, licensing fees and inspections after the Indiana
Department of Environmental Management required the City to comply with Indiana state laws on asbestos
inspection and removal
One wonders what would have happened had the Council not used its oversight role in asking pertinent
questions which focused on public safety. The Council will continue to be a watchdog seeking to protect all
interests. Now that we are reviewing the proposed 2014 City budget, we look forward to Mayoral updates on
private funds for the vacant and abandoned demolition program, so that our limited tax dollars can be
addressing additional city priorities. We will continue to seek answers for the greater good of our community.
NEWS RELEASE
Date: Friday, April 26, 2013, 10:00 a.m.
From: 3rd District Council Member Valerie Schey Contact: 210 -9623
Utilities Committee Chairperson
6d' District Council Member Oliver J. Davis Contact: 876 -6938
Public Works & Property Vacation Committee Chairperson
Council Member at Large Karen L. White Contact: 235 -5985
Health & Public Safety Committee Chairperson
City Council Seeps Answers from Administration on Asbestos Removal & IDEM Discussions Related to
Proposed Demolition of Vacant and Abandoned Homes
The Indiana Department of Environmental Management (IDEM) website on asbestos begins with the following
statement:
"Asbestos is a problem because, as a toxic substance and a known carcinogen, it can cause several
serious disease in humans..." www.in.gov /ideni/4983html
The U.S. Environmental Protection Agency (EPA) reports that:
"Asbestos fibers may be released into the air by the disturbance of asbestos - containing material
during product use, demolition work... exposure to asbestos increases your risk of developing lung
disease..." www.2epa.gov /asbestos.html
As the City of South Bend moves forward with the implementation of various recommendations set forth in the
"Vacant & Abandoned Properties Task Force Report ", we want to make sure that the public health, safety, and
welfare of our City are protected.
On Monday, April 22, 2013, both at the Public Works and Property Vacation Committee, as well as under
"Special Business" at the Common Council meeting, several Council Members asked questions of the City
Administration with regard to proposed demolitions related to vacant & abandoned properties plaguing our
great City. Some of the information requested, as part of the Council's oversight authority to assure a proper
check and balance involving the monitoring and supervision of tax - funded programs, included the following:
• Have you received any documents from IDEM related to the proposed plan of demolition? If so, please
provide copies.
• Are there any budgetary implications regarding compliance with IDEM regulations in the event that
asbestos is involved?
• Are there potential penalties if the City fails to comply with all applicable state and federal regulations?
• Has the Administration been in contact with the "Asbestos Coordinators" for EPA Region 5 which
govern Indiana, to seek advice and recommendations before proceeding ahead with the proposed
demolitions?
News Release
April 26, 2013
Page 2
Asbestos - related demolition is a very regulated area, at both the federal and state levels. A copy of the 1"page
to 1DEM's website is attached which provides access to literally hundreds of pages of documents.
It would appear that "residential buildings that have four (4) or fewer dwelling units" are exempt from
"notification and removal requirements" but are NOT exempt from "disposal requirements ". In light of this, the
Administration was also asked:
"In light of the City's proposed plan to demolish multiple dwellings, does
that plan impact any exemptions from the governing rules & regulations
on asbestos removal ?"
We are also attaching a copy of IDEM's Form 52571 which is an "Application Checksheet for Asbestos
Contractor ".
"In light of the City apparently considering doing some demolition in -house
and some demolition by outside contractors, does the City have the expertise
and required training ?"
In light of the $6.825 million dollars already spent on a 3 -year vacant /abandoned program which began in 2007;
the current appropriation of $1 million for this year; and with new budget proposals for 2014 being developed,
we would like assurance that as the vacant & abandoned properties program moves forward, that the best
possible decisions are being made.
An additional area of concern which we brought to the Mayor's attention and the new Code Enforcement
Director in yesterday's hand - delivered letters inquired about the City's compliance with federal and /or state
regulations dealing with the removal of "lead- contaminated dust" and "lead -based paint ". Since many of the
dwellings ear - marked for demolition probably include these items, and since there are both civil and criminal
penalties for "failure to comply" with them, we want to make sure that this topic is also addressed.
The Common Council is ever mindful of its overall Mission Statement:
"To make certain that our City Government is always responsive to the need
of our resident & that the betterment of South Bend is always our highest priority':
Sharing relevant information, opportunities for informed discussions and collaboration are essential.. especially
when involving the spending of taxpayer dollars. We believe that this is critical to the success of the proposed
program.
We hope that answers will be forthcoming.