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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.