Monsanto, the exclusive domestic manufacturer of polychlorinated biphenyls from 1935 to 1979, files motion to dismiss PCB lawsuits

Monsanto files motion to dismiss PCB lawsuit
Posted on August 5, 2016 by Sheryl Barr

Source: http://portlandtribune.com, August 5, 2016
By: Jim Redden

Lawyers for the companies that acquired Monsanto have asked the federal court in Portland to dismiss a lawsuit attempting to hold them liable for local pollution created by PCBs manufactured by the original firm.

The motion to dismiss filed with the US District Court in Oregon says the lawsuit is legally flawed and asserts that “Old Monsanto” never manufactured polychlorinated biphenyls in Portland or discharged them into the environmental. The filing includes a list of 33 other public nuisance cases that have been dismissed over the years for such products as PCBs, asbestos-containing materials, automobiles, flushable wipes, fossil fuels, guns, lead-based paint, pharmaceutical drugs, tobacco, and trans-fat foods, including pizza and popcorn.

The filing also says the suit will interfere with the U.S. Environmental Protection Agency-ordered cleanup of the Portland Harbor Superfund site, in which PCBs have been found.

“The City has needlessly resorted to litigation against a former product manufacturer that neither owned nor operated a PCB-manufacturing facility anywhere near the relevant water bodies and never deposited PCBs into the affected water bodies at any time — all in an effort to expand liability by circumventing traditional cleanup laws and regulatory tools, which rightfully focus on the actual dischargers. The City’s action will compel the product manufacturer that has discharged nothing into the water bodies to involve the actual PCB dischargers, including the City itself, in more litigation, which will upend the allocation process that has been ongoing for the past seven years. And because the City will contend its novel theories are not subject to any statute of limitations, the timing of this test case is particularly suspect. It could have been filed next year or thereafter under the City’s own rationale,” the filing says.

The suit filed in Portland is one of eight filed in West Coast cities with the assistance of the same two private law firms, Gomez Trial Lawyers and Baron & Budd. It was authorized by the City Council on March 16. All of the suits claim Monsanto, the exclusive domestic manufacturer of polychlorinated biphenyls from 1935 to 1979, knew the product was hazardous and hid the risks from the public.

PCBs were widely used in electrical and other industrial processes, and have been shown to be highly persistent in the environment and a likely cause of cancer in humans and animals. They have been found in Portland waterways, including the harbor Superfund site that the EPA believes was polluted by city sewers, among other sources.

“Although Monsanto knew for decades that PCBs were toxic and knew that they were widely contaminating all natural resources and living organisms, Monsanto concealed these facts and continued producing PCBs until Congress enacted the Toxic Substances Control Act (“TSCA”), which banned the manufacture and most uses of PCBs as of January 1, 1979,” says the suit, which seeks unspecified compensatory damages, punitive damages, litigation costs and attorney’s fees.

The Monsanto suit also involves pollution outside the Portland Harbor, says Sonia Schmanski, chief of staff to Commissioner Nick Fish, who oversee the Bureau of Environmental Services.

“I’m told the Monsanto case is broader than Superfund, including costs the city has and might in the future incur for investigating, monitoring, remediating, and mitigating PCBs not just in the Superfund site but also in the Columbia Slough, other parts of the Willamette, and tributaries like Johnson Creek,” says Schmanski.

You can read the motion to dismiss here.

You can read the lost of product liability suits that have been dismissed here.

You can read an earlier Portland Tribune story on the suit and find it at tinyurl.com/hu4r23w.

Lead contamination could affect up to 34 homes in N.J. neighborhood, EPA says

Is your West Deptford home on contaminated soil? EPA expanding testing to find out
Posted on August 5, 2016 by Sheryl Barr

Source: http://www.nj.com, August 4, 2016
By: Rebecca Forand

The Environmental Protection Agency has expanded the area to be tested for possible lead contamination in the Birchly Court neighborhood with 28 properties on Woodlane Drive being added to the list.

Homeowners in the development, which was built in the 1990s, have found pieces of crushed car batteries in the soil around their houses. The batteries are believed to have been deposited by Mattea & Sons, a scrap metal and recycling facility nearby which previously owned the property Birchly Court currently sits on.

The black plastic pieces, heavily contaminated with lead, have been found in large quantities throughout the neighborhood and the EPA is testing the soil to see how far the contamination has spread.

“We are expanding the investigation to the rest of the neighborhood,” David Rosoff, the project’s on site coordinator, said. “That should take the next 10 weeks or so to complete, and then the agency will evaluate the whole data set.”

Two properties are already slated for excavation and remediation, which is scheduled to begin in the next two weeks and be completed in October.

The cost of each cleanup varies, Rosoff said, but the first one — which includes the two initial properties — is estimated to cost about $500,000.

The EPA will be paying for the cleanup out of the federal budget and then attempt to identify the entities responsible in order to recoup those costs, he added.



=====================


 
Lead contamination could affect up to 34 homes in N.J. neighborhood, EPA says


 By Rebecca Forand | For NJ.com
   updated July 13, 2016 at 5:51 PM




WEST DEPTFORD TWP. — A family's recent plumbing project has exposed a potentially dangerous problem in the township's Birchly Court development, where lead-contaminated crushed car batteries have been found.

The Environmental Protection Agency is currently testing soil at a few properties in the neighborhood, and is looking to do so at the rest of them, representatives from the agency told concerned residents Wednesday afternoon.

An information session, the first of many, was held at the Verga Firehouse and provided those in attendance with a history of the find, the risks associated with it and what they can do.

Holding a large plastic bag filled with the black, plastic pieces, EPA on-site coordinator Dave Rosoff showed those residents what the contaminated material looks like.

"It is grossly contaminated with lead," he said. "Recyclers would take the lead core out and discard the plastic material."

The battery casings are believed to have come from another EPA Superfund site, the Matteo & Sons scrap metal and recycling facility. The property the development was built on was previously owned by Matteo, Rosoff added.


Seven sites in Gloucester County remain on the federal Environmental Protection Agency's list of Superfund program sites.

The investigation into the casing fragments began in May and the EPA is looking to collect soil samples from 34 properties on Birchly Court, Woodlane Drive and Oakmont Court.

If the soil is contaminated, the group will conduct an excavation of the contaminated ground material and replace it with clean fill, according to Rosoff. Two properties are already beginning the remediation process.

Lead contamination is a serious problem in a residential neighborhood, especially to children, EPA risk assessor Ula Filipowicz said.

"Children are a sensitive population. There's a lot of hand-to-mouth contact," she said.

Until a risk assessment is completed, they can't say how dangerous this particular contamination is, but since it contains lead — which is known to be toxic and cause neurological problems — she suggests anyone in the neighborhood take precautionary measures to limit exposure.

These include taking your shoes off when you enter your home, wet mopping walkways and washing children's hands.

At Wednesday afternoon's information session about a dozen residents were armed with questions and concerns about their own property and risk.

"Is any of this lead getting into our drinking water," Anthony Watson asked. "I'm hoping to find out I don't have a problem." As the EPA is just beginning their investigations, they ask any residents who are in the area to contact them with questions and respond to any inquiries and requests to investigate their property.

Groundwater and soil contamination have been detected at an abandoned former Exxon gas station that has been an eyesore along Ocean City, NJ

Source: http://ocnjdaily.com, August 5, 2016

Groundwater and soil contamination have been detected at an abandoned former gas station that has been an eyesore along Ocean City’s main gateway since it closed down five years ago.

Synergy Environmental Inc., a Cherry Hill consulting firm overseeing the (old Exxon) site at Ninth Street and Bay Avenue, said in a July 20 letter sent to surrounding property owners that the contamination consists of “petroleum-related constituents” that apparently stem from the station’s former operation.

But Synergy also noted, “The current soil and groundwater data indicates that the site poses no public health threats to the nearby communities.”

Synergy added that groundwater contamination has been detected in levels that exceed New Jersey Department of Environmental Protection standards. The contamination is being monitored by taking periodic samples, with the results sent to the DEP for its inspection, according to Synergy.

Synergy said that the groundwater contamination extends about 260 feet radially from the boundaries of the old gas station property, which occupies a prominent spot along the Ninth Street corridor, the main artery in and out of town.

“The environmental investigation is proceeding in accordance with NJDEP requirements,” the letter says. “Routine groundwater sampling is performed periodically. The proposed remedy for this property is to monitor the natural decrease in groundwater concentrations through periodic sampling.”

Contaminants found in the groundwater are “petroleum-related constituents which potentially result from gasoline station operations,” Synergy said.

Soil contamination has been found as well at the site, but an investigation is continuing to determine the extent and concentration, Synergy said.

David Robinson, a Synergy senior associate who is supervising the environmental work, could not be reached Thursday for more details about the site’s cleanup plan.

Doug Bergen, a spokesman for Mayor Jay Gillian, said Ocean City “fully supports the state Department of Environmental Protection’s efforts to hold the owners accountable and to make sure no contamination is left behind.”

Bergen noted that the investigation of the Exxon station’s contamination originally dates back to 1989. Since then, the state has been monitoring the site for 27 years and never found any health threat to the public or marine life, even when the gas station was still in business, he said.

The Ocean City real estate firm Keller Williams has plans to buy the former Exxon site and redevelop it into a new multimillion-dollar office for the company.

Eric Booth, a sales agent for Keller Williams, said Thursday he was not aware of Synergy’s July 20 letter about the contamination. However, he said Keller Williams still wants to buy and redevelop the site after the contamination is cleaned up by the current owner.

“Once they deliver a clean site, I don’t see a problem,” Booth said.

The property remains under contract to Keller Williams. Terms of the deal require that the site must be cleaned up before Keller Williams closes on the deal, Booth said.

Synergy’s letter was sent to property owners and tenants within 200 feet of the Exxon site. The letter notes that DEP regulations require the public to be notified periodically “about certain environmental work taking place.”

“We hope the work we are doing will progress smoothly and, in the end, restore the property as a valuable asset to the neighborhood,” the letter says. “In the meantime, we appreciate your concerns and your patience and pledge to conduct our work efficiently and as responsible members of the community.”

Synergy wrote the letter on behalf of 903 Bay Ave. Ocean City LLC, the owner of the former Exxon site. City officials have complained for years about the blighted condition of the property. They fear it creates a bad impression of Ocean City for tourists entering town along the Ninth Street corridor.

Exxon is one of three decrepit, former gas stations lining the Ninth Street entryway. Across the street from the Exxon site are abandoned BP and Getty stations.

The old BP was demolished recently after City Council approved a $475,000 bond ordinance to buy the site and transform it into landscaped open space and parking.

With the BP now gone, the old Exxon and Getty stations are the next targets for demolition.

The city has disclosed it has been in talks to acquire the Getty property and turn it into landscaped open space, too.

Dozens of people were injured after a partial fence collapse at a concert headlined by rappers Snoop Dogg and Wiz Khalifa in Camden, New Jersey

Several people were injured after a partial fence collapse at a concert headlined by rappers Snoop Dogg and Wiz Khalifa in Camden, New Jersey. (WPVI)

Friday, August 05, 2016 10:06PM

CAMDEN, N.J. -- At least 42 people were injured after a partial-railing collapse at a concert headlined by rappers Snoop Dogg and Wiz Khalifa in Camden, New Jersey.



Chopper 6 was over the BB&T Pavilion around 10:25 p.m. Friday.

Police say a stretch of 3-foot railing that separates the crowd and the stage gave way, leaving several concertgoers injured.




The injured were taken to five different hospitals.

The extent of injuries is unknown at this time.

OSHA is investigating if construction at Franklin High School exposed workers to lead paint in Oregon

OSHA probe: Were workers at Portland's Franklin High School exposed to lead paint?

Paint chips and debris that could contain lead dust swept into a at Franklin High School on July 19, 2016. (Don McIntosh/The Northwest Labor Press)

  By Bethany Barnes | The Oregonian/OregonLive
Email the author
on August 04, 2016 at 2:51 PM, updated August 04, 2016 at 5:19 PM




A state safety agency is investigating if construction at Franklin High School exposed workers to lead paint.



The Oregon Occupational Safety and Health investigation follows a story by The Northwest Labor Press that said lead-laced chips and dust littered the massive bond-funded project.

A Labor Press reporter went on the $104 million construction site with a representative from the District 5 International Union of Painters and Allied Trades.

The proof comes not just in the reporter's first-hand account, but in photos he took on scene. Photos show paint chips swept into a heap and mingled with dirt.

The union said its members, who are doing other work at Franklin, saw workers repeatedly scraping lead paint without wearing a protective suit or respirator, as required by OSHA.

The reporter noted he saw a person with a respirator and a vacuum while on the job site, but no suit and only a sheet many feet below to catch harmful debris.

Vern Forrest, owner of Chosen Wood Windows, the subcontractor at the center of the complaint, said his workers followed the rules and wear respirators. He said workers did not need protective suits as air monitoring showed they were not overexposed. He also said suits weren't needed because they weren't doing lead abatement.

But OSHA refers to scraping as a "trigger task" that can "expose workers to extreme amounts of lead." As such, OSHA says it should be assumed workers are overexposed regardless of air monitoring.

Workers scraping paint are required by OSHA to wear protective clothing and use high-efficiency particulate vacuums to suck up harmful chips and dust.

If the company can prove the workers are not overexposed with air monitoring, the requirements are less stringent and a suit isn't required, said Penny Wolf-McCormick, health enforcement manager for OSHA's Portland office.

But until that proof exists the company must take the precautions. Additionally, monitoring must take into account every specific task a worker would be doing, she said.

OSHA's rules say they apply to "renovation of structures, substrates, or portions thereof, that contain lead, or materials containing lead."

Forrest, who had not read Labor Press' story or looked at the publication's photos, questioned if the paint chips shown were the result of his workers or whether another contractor on site could have caused the debris.

David Winkler, the business representative for the union, said the only painted parts at Franklin are the windows, so the culprit had to be Chosen Wood Windows.

But Dianne Danowski Smith, a spokeswoman for Skanska, the contractor overseeing the subcontractor, said the Franklin site had lots of lead paint chips lying around before Skanska began work there. She said she was unsure what requirements, if any, that triggered for keeping workers required to walk through those chip-strewn areas.

She said Skanska is cooperating fully with OSHA's investigation and wants all questions answered. "Skanska's responsibility is to ensure that all of our vendors and subs are working within all safety requirements," Danowski Smith said.

Portland Public Schools referred comment to Skanska.

"Franklin is a closed site. There are no students or staff there," said Portland Public Schools spokeswoman Courtney Westling. "Skanska is solely responsible for all of the activity that occurs on that site, including best practices for the subcontractors with whom we don't have a contract."

The district has admitted to previous slip-ups with lead paint, including failing to remove rampant lead dust debris from an Alameda playcourt during a schoolwide painting project in 2014 and failing to notify a Head Start program that workers would be scraping lead paint near an open classroom full of preschoolers.

At Franklin, Forrest said he didn't understand why the union would complain about his workers, who are not represented, unless the union was upset about the job going to non-union workers.

Winkler agreed his union's involvement was an important question.

"Why did it take us coming out there to point this out?" Winkler said. "Do they just not care? It's weird to me, knowing with all the lead in the water, all the press, why no one stepped up. That's what I had an issue with."

Franklin dates back to 1915, and lead is presumed present in building constructed before 1978. The union tested paint on site and found lead, and Forrest said his workers always assume they are handling lead because historical renovations involve old paint.

"Jealousy isn't something that motivates what we do," Winkler said. "It's just trying to make sure everybody is following the same rules."

This isn't Chosen Wood Windows' first OSHA investigation.

In 2012, OSHA fined Chosen Windows $540 after a complaint that workers were getting sick from having to remove lead-based paint in a poorly ventilated room. OSHA deemed the violations "serious."

Forrest said that violation happened when Chosen Wood Windows was new to restoration.

"That was a learning experience back then as we were getting into the restoration process," Forrest said. "From that time to now our engineering for how we do all of our work is many times better, many times cleaner."

Lead is extremely dangerous and has "a plethora of symptoms that it can cause," said Wolf-McCormick, of OSHA.

Lead is a powerful neurotoxin and, while panic has lately been focused on drinking water, paint is the most dangerous form.

Lead, if inhaled, is quickly absorbed into the bloodstream, Wolf-McCormick said. That's why OSHA requires workers to use a respirator and suit and to entrap dust and debris. Loose lead dust and paint chips could scatter off site and harm people in the community, too, she said.

In addition to inhalation, OSHA worries about people ingesting lead, which is easier than it might sound if safety protocol is lacking, she said.

Imagine a worker is chipping paint without protection. Lead dust may be on his hands and sneak into his sandwich during his lunch hour, she explained. Or lead could slip into a worker's mouth during his regular smoke break. Perhaps he doesn't ingest it, but his family does, she said. Imagine lead falls off a worker's shoes and into his living room carpet, the same carpet his kids, who like to suck their fingers, play on daily.

OSHA has 180 days to complete its investigation.

O’Connell Electric worker was electrocuted while working at a manhole at a construction site in Rochester, New York

Electrical worker possibly shocked while working in Rochester


August 03, 2016 06:51 PM

An electrical worker was rushed to the hospital after being he was possibly shocked in Rochester.

The incident happened around 10 Wednesday morning on Liberty Pole Way. The victim is 28 and an O’Connell Electric apprentice.

Police say the contract worker was doing some underground work when another co-worker looked down into the manhole to discover that the man was unresponsive. Co-workers pulled him out of the manhole and performed CPR until first responders arrived.

Investigators say the victim's heart stopped and they had to use a defibrillator on him. He was breathing again as he was being transported to Strong Hospital.






"Excellent work by his coworkers to get him out of the hole and immediately do a defrib on him," says Rochester Fire Department Battalion Chief Chris Peer. "It was excellent work by them."

"The members of O'Connell Electric found him slumped over," says Peer. "They pulled him out of the hole, he was on a harness, and he was removed from the hole. They did shock him and started CPR."

Battalion Chief James Hartman of Rochester Fire Department says performing CPR and using a defibrillator more than doubles the chances of a person's survival.

"The focus of what the Rochester Fire Department wants to recommend is people do CPR and don't just stand there," says Battalion Chief Hartman. "Their actions can only help."

Nina Porciuncula: "Not everybody knows how to perform CPR or how to operate an AED. Where do we go for that?"

Hartman: "Absolutely. If you have questions honestly the CPR one there's training available for hands only CPR and they can contact the Rochester Fire Department at 311 and we can direct them to agencies. Also the most important part: if you don't have training is to push hard at the center of the chest at the rate of around a hundred a minute."

Police tell us that at this point it is still unsure whether the victim was shocked or not. Earlier, we're told the power line the victim was working on was not energized. The investigation is still ongoing.

RG&E statement

"At approximately 11:30 this morning RG&E received notice of an incident involving an employee of O'Connell Electric. O'Connell Electric is an independent contractor performing work for RG&E. The O'Connell Electric employee was transported by ambulance to Strong Hospital for treatment. At this time, the cause of the incident is under investigation and RG&E is assisting in the investigation.

"Questions regarding the individual's condition should be directed to Strong Hospital or O'Connell Electric. Our thoughts are with the individual employee and all O'Connell employees."

=======================
Man Working In Western NY Manhole Shocked, Hospitalized
By Associated Press August 4, 2016 6:14 PM

 

ROCHESTER, N.Y. (AP) — Fire officials say a worker at a western New York construction site was shocked while he was working in a manhole.

Rochester Battalion Chief Daniel Peer says crews were called to the manhole around 10 a.m. Wednesday and found O’Connell Electric workers performing CPR on the 28-year-old worker outside the manhole. He says the man was initially unresponsive but the workers were able to get him breathing again.

Authorities say the man was working on a manhole when a spotter noticed he was slumped over and immediately removed him from the manhole.

The man has been taken to Strong Memorial Hospital, where he was in critical, but stable condition.

The incident remains under investigation. The Occupational Safety and Health Administration has been notified.

[STORY BY: THE ASSOCIATED PRESS]

OSHA to investigate fatal Les's Meat Market building collapse in Parkland neighborhood in Louisville, Kentucky

OSHA to investigate fatal Les's Meat Market building collapse in Parkland neighborhood in Louisville, Kentucky
 Posted: Aug 05, 2016 11:47 AM EST Updated: Aug 05, 2016 11:47 AM EST












LOUISVILLE, Ky. (WDRB) -- It's been two weeks since a deadly building collapse in the Parkland neighborhood. Now, a federal agency is involved.

The Occupational Safety and Health Administration (OSHA) is investigating, and may interview employees and people living in the area. Depending on what investigators find, the business could be cited or fined.

John Dozier, age 71, was killed in the collapse of Les's Meat Market at the corner of 28th Street and Grand Avenue. Fire officials confirm they had warned that the building was not structurally sound.

It could take up to six months for OSHA to complete the report.

Copyright 2016 by WDRB News. All rights reserved.

Metropolitan Engineering, Consulting, Forensics, and Environmental Remediation Services. Construction, Investigation, Remediation and Forensic Expert Engineers

Construction Defects, Construction Claims, Engineering, Property & Casualty Investigations, Assessment, Site Investigation, Remediation, Litigation and Indoor-Air Expert Engineers

Bill Stephan, PhD, PE, CIH, CHMM, JD, MBA

Principal Engineer

P.O. Box 520

Tenafly, New Jersey 07670-0520

Phone: (973) 897-8162

Fax: (973) 810-0440

E-mail: metroforensics@gmail.com

__________________________________________________

Firm Overview

The engineering and forensic firm of Metropolitan Forensics and Consulting Engineering and Environmental Services was established for the purpose of providing a high value service to the insurance industry and to the insured companies or individuals. Our founding principal (Bill Stephan) is a licensed professional engineer in several states, including, New Jersey, New York, Pennsylvania, and Delaware.

We specialize in the in-situ remediation of petroleum and chlorinated spills, the defense of liability claims, the investigation and defense of first or third party insurance claims and the handling of subrogation claims.  We are also experts on oil and gas energy sector issues (design, investigations, construction oversight), renewable energy sector (wind turbines, solar panels, biofuels, etc), vapor intrusion evaluation, vapor phase and transport and in design on vapor mitigation systems.  Additionally, we offer forensic engineering services, including age-dating of contaminant releases, construction defects, oversight, evaluation of remedial alternatives, sub-slab ventilation system design and installation.  The list of our core services is:

• Cause and Origin Investigations
• Construction Failure Analysis (Residential, Industrial and Commercial)
• Structural Integrity Evaluation
  
• Site Investigation
• Tank removals and tank installations; licensed and insured to perform entire UST work
  
• In-Situ Remediation of Soil and Groundwater
  
• Vapor intrusion, indoor air evaluation and mitigation
  
• Causation
• Forensic Investigations (age-dating)
• Oversight
• Review of Remedial Action Work Plans
• Reserve Estimation
• Cost Allocation
• RAWP Preparation
• Site Remediation
• Cleanup Level Development and Negotiation
• Subrogation
• Expert Witness/Litigation Support
• Licensed Site Remediation Professional (LSRP) Services
• Construction Claims (Delay, Differing Site Conditions, Loss of Productivity, Acceleration, and others)
  

 





















Additional Specialty Service Areas

Age Dating
Boilers & Burners
Bridges
Building Codes
Building Inspections

Construction Accident
   Reconstruction
Construction Defects
Construction Delay Claims
Construction Surety Claims
Construction Disputes
Construction Differing Condition Claims
Construction Oversight
Construction Management
Construction Acceleration Claims

Construction Failures
Construction Injuries
Contractor Performance Issues
Corrosion

Defective Designs
Defective Roadway Design
   Evaluations

Earthquake
Electrical Accidents/Injuries
Electrical Equipment Failures
Electrical Fires
Elevators, Escalators
   & Conveyors
Embedded Software Hazards
   & Analysis
Equipment Failures
Errors and Omissions
Explosions
Failure Analysis
Fire
Fire Codes
Fire Protection Systems
Fire Suppression Systems
Flood Damage Assessment

Foundation Systems

Gas Systems
Hailstorm damage

Heating & Ventilation Systems
Heavy Construction
Highway/Roadway Design
Human Factors

Indoor Air Quality
Laboratory Services
Ladders, Scaffolding Falls
   & Failures
Lightning

Mechanical Defect Evaluations
Metallurgical Age Dating
Mold Causation
Natural Disasters/Weather
   Related Issues
Nuclear Energy
Occupational Hazards
   & Illness
Piping
Playground Equipment Injuries
Plumbing
Product Failures
Roofing Problems & Failures
Safety Codes
Safety & Human Factors
   Engineering
Scalding
Scene Mapping and Photographs
Sick Building Syndrome
Sports Equipment Injuries
Standardized Codes
Steam Systems
Subrogation Issues

Transportation Issues
Trips, Slips & Falls
Underground Storage Tanks
Utilities Expertise
Vibration
Water Damage
Windstorm

Mission Statement

Our mission is to work as an extension of our clients to expeditiously achieve the most economically favorable resolution of claims on their behalf and on behalf of their insured. We have developed and will continue to create new solutions to the technical problems and issues which are facing the insurance industry and the insureds today.  

Metropolitan provides forensic engineering work (age-dating or fingerprinting), site remediation, auditing, cost control and litigation support services to insurance carriers, their insureds and to private or public companies.  In its risk management role, examines, manages and audits environmental claims to ensure that assessment and remediation services provided to both carriers and policy holders are reasonable and necessary, properly rendered and appropriately charged. 

In its litigation support role, Metropolitan assists carriers and their counsel to ensure that litigious disputes are resolved fairly and reimbursement benefits are provided when appropriate.  The corporations service area includes the entire United States, with our corporate office located in Northern New Jersey.  The Firm's professional staff also travels regularly throughout the United States on assignment.

Forensics at Metropolitan

There are many issues associated with disputes over responsibility for cleanup. Who, what, when, where, and how chemicals were released can be investigated. The tools of forensic investigation include mathematical models, statistical models, fate and transport calculations, chromatography, lead isotope analyses, time of travel assessments, library search site characterization, tracer additives, and recently developed software applications.

Effective forensic project management should include an evaluation of multiple forensic tools based on site specific circumstances. The process of evaluation and the ultimate selection of the forensic tool are critical to a successful outcome. When project budgets allow, combining forensic methods for corroborative evidence can substantially strengthen your client’s position in an effort to prevent or support litigation. The effective forensic consultant must be well acquainted with an ever expanding list of analytical methods, environmental regulations, assessment procedures and remedial technologies.

The forensic field is one that utilizes a wide range of scientific tools to identify and characterize complex adverse environmental events. Some of the scientific disciplines involved in forensics include engineering principles (biological, physical and chemical), hydrology, lithology, geology, site history, site practices, mathematics, and statistics. These areas may be combined with technologies such as respiratory analyses, chromatography/mass spectrometry and chemical fingerprinting methods to answer complex questions with the ultimate goal of establishing responsibility for a particular event. Accurate, defensible forensic analyses are an essential component of any strategy that attempts to resolve the extent of the insurer or insured client responsibilities in the cleanup of contaminants.

Contact us online or call 973-897-8162 to learn more about our forensic services.

Property Damage Services at Metropolitan

Metropolitan assists property owners, claims professionals, businesses, and attorneys in   the assessment of the cause & origin (C&O), extent of damage and required restoration after pipe bursts, settlements, manufacturing and construction failures, fire, flood, earthquake, or storm damage.  Our teams of engineers have extensive experience in the many systems that make up a building including structural, mechanical and electrical systems.   We also have the necessary background to evaluate property damage to items such as communications towers or solar panels. We can help determine alternative, appropriate, and cost effective solutions for repair or restoration of any damaged property, both commercial and residential. 

Providing Competent, Expert and Objective Investigative Engineering and Consulting Services.

Our experts are multi-skilled, competent, and objective professionals who apply their analytical and common sense skills to reconstruct, determine the root cause, and document the events that give rise to property, casualty, and liability claims.  Thorough investigations and detailed measurements/research help us distinguish between pre-existing conditions and sudden and accidental losses.

 






























Our investigations are:

·         Comprehensive & Accurate

·         Legible & Easy to Understand

·         Timely Performed

·         Delivered Quickly

·         Cost Effective

·         Clear & Concise

·         Developed by Professionals

·         Dependable

·         Our own uniform reporting system saves time and money.

Our Fast Track Investigation and Uniform Format Reporting systems allow us to conduct and deliver a comprehensive response to the assigned claim.  In most cases, we will obtain findings based on a site visit, visual observations, photographs, interviews, and field measurements.  Further investigations and testing will be provided upon request and approval by the client.

Forensic Investigation of Property Damage Claims

Metropolitan Consulting, Engineering & Forensics understands your need to complete a claim investigation accurately and efficiently as possible.  Whether it is accident reconstruction, damage due to environmental forces such as wind, water, hail, snow, tornado, etc.; fire origin & cause investigation or any other claim, the engineers at Metropolitan understand both you and your client want to resolve the claim.  The analysis you receive from Metropolitan will be accurate and complete, giving you the information needed in the claim adjustment and analysis.

Our services have extended beyond the forensic analysis phase into the remediation and repair phase of many large loss claims.  Upon the completion of the cause and origin (C&O) investigation, Metropolitan can provide our clients with complete working drawings and specifications needed to repair or rebuilt damaged buildings or other structures.  Metropolitan Consulting & Engineering’ staff possesses many-many years of experience in rehabilitation design, construction management, and project oversight to ensure the loss is restored in a timely and cost-effective manner without sacrificing quality.  Building code knowledge allows us to identify possible code upgrades as needed.  Metropolitan understands constructability and realizes making an insured whole goes beyond forensic investigation and design. We pride ourselves in providing practical solutions contractors can understand and follow.

At the forefront of available technology, we provide professionals and staff capable of handling a variety of engineering evaluations.  Our reports are clear, concise, complete and efficiently produced.  Our engineering objectives are achieved in an ethical manner consistent with the traditions and character of engineering professionals.

Contact us online or call 973-897-8162 to learn more about our property damage services.

Extensive Experience helping Sureties

Metropolitan also has extensive experience helping sureties fulfill their bond obligations resolve disputes after a contractor has defaulted.  This work includes the evaluation of contractor bid pricing, evaluation of the contractor’s ability to perform work, risk assessment, evaluation of termination, construction completion services, claim and litigation support services, loss recovery services, evaluation of payment bond claims, negotiation and settlement of payment bond claims, and construction defects investigation services.  Metropolitan has provided these services for commercial, development, educational, and assisted living projects.

Construction is a business fraught with risk.  Disputes over even the smallest of issues can quickly escalate, with crippling consequences to the project and the parties.  Over the years, the construction industry has developed various methods of contractually allocating the risk of project delay and disruption.  Some of these methods include liquidated damages provisions, "no damages for delay" clauses, mutual waivers of consequential damages, provisions that limit liability, claims notice provisions, and provisions addressing responsibility for the adequacy of the construction plans and specifications.  Parties frequently litigate the sufficiency of these risk-shifting efforts in conjunction with the underlying merits of delay and disruption disputes.

Construction Claims & Disputes

The most frequently encountered claims include:

1.            Construction Delay Claims

2.            Disruption and Loss of Labor Productivity Claims

3.            Design and Construction Defect Claims

4.            Force Majeure Claims

5.            Acceleration or Compression of the Schedule Claims

6.            Suspension, Termination and Default Claims

7.            Differing Site Conditions Claims

8.            Change Order and Extra Work Claims

9.            Cost Overrun Claims

10.         Unacceptable Workmanship or Substituted Material Claims

11.         Non-payment Claims (stop notice (or Notice to Withhold) claims, mechanics’ lien (only for private construction projects) and payment bond claims)

Forensic Engineering Experience Case Studies

Metropolitan staff has developed and utilized scientific methods to assist clients in a variety of ways related to their claim issues. The following is a partial list of such projects:

• Provided expert witness services for plaintiff seeking remediation of contaminated groundwater that caused indoor air inhalation problems;
• Testified that engineering and scientific evidence was improperly collected and analyzed and was inadequate to show the age of the release;
• Origin and cause of retaining wall failures.  
• Lightning damage to structures or electrical systems and equipment
• Roof failure or collapse as a result of accumulated load, additional weight and snow drift at hundreds of commercial and residential properties.
• Demonstrated that solvents in groundwater at client's property originated from off-site dry-cleaner and that client's site actually provided remediation for the off-site release of dry cleaning solvent;
• Expert witness for property owner impacted by industrial waste disposal from industrial manufacturer;
• Demonstrated that environmental analysis by a previous consultant for a manufacturing site was inadequate; as a result, the lender's concerns were alleviated and financing proceeded;
• Chemical "age-dating" and contaminant transport analyses of petroleum in groundwater at a gas station showed that contaminants originated from other parties;
• Age-dated petroleum release at a former gas station to show that the previous owner of the gas station caused groundwater contamination;
• Age-dated petroleum releases at an industrial facility to show that the on-site plume was the result of an off-site source;
• Prepared age-dating reports for over one-hundred residential fuel oil spills;
• Assisted insurance companies attorneys in defending subrogation claims; was able to demonstrate that the forensic data collected by the first party consultant were collected and analyzed using invalid methods;
• Demonstrated that structural damage to a residence was from a source other than the alleged high lake level
• Collected evidence (for the primary responsible party) that identified other responsible parties to share in the cost of a Superfund cleanup;
• Review of the site data at a bulk petroleum facility indicated that the site releases were not the result of regular oil transfer operations and that they were caused by the negligent actions of the insured’s agents; the case was settled in favor of the insurance company;
• Was able to demonstrate that the majority of the removal actions at petroleum release sites were neither reasonable nor necessary; as a result of our opinion, the insurance client settled the claim in favorable terms;
• At several drycleaner sites we were able to demonstrate that the age of the release was much earlier than the parties originally believed; as a result, the insurance client settled the claim at a fraction of the alleged liability;
• We performed numerous flood and wind damage assessments at commercial and residential properties.

Contact us online or call 973-897-8162 to learn more about our forensic engineering services.

Site Remediation Services

 Characterizing and remediating contaminated sites involve some of the most complex and difficult issues for environmental lawyers and their clients. Problem areas include responding to regulators; negotiating enforcement settlements; negotiating or litigating cost allocation and recovery claims; working with the insured or insurer client, lawyers and regulators to develop efficient, cost-effective remediation approaches; and selling, buying, or developing contaminated properties.

Metropolitan staff has developed and applied an innovative approach to the use of sodium persulfate for the sequential in-situ treatment of subsurface contaminants through chemical oxidation followed by enhanced biological degradation through sulfate reduction. This approach has broad applicability to a wide range of contaminants, and shows strong cost-saving benefits through reducing the initial volume of chemical oxidant necessary and enhancing the in-situ biological degradation of contaminants.

Through proper subsurface geochemical characterization and chemical dosing design, the approach focuses on utilizing the oxidant for immediate mass reduction at the source area, followed by degradation or polishing of the residual contamination using sulfate reducing bacteria.  Depending upon the oxidant activation method, this approach is applicable to petroleum hydrocarbons including both volatiles and PAHs, chlorinated volatile organic compounds (CVOCs) including chlorinated ethene, ethane and methane groups, as well as PCBs.

Contact us online or call 973-897-8162 to learn more about our Site Remediation Services.

Vapor Intrusion and Indoor-Air Studies

Vapor intrusion has received increased attention over the last few years near contaminated sites because some contaminants have the potential to migrate into nearby buildings and negatively affect indoor air quality. The accumulation of these volatile vapors in buildings can result in significant safety and health concerns.
To properly evaluate vapor intrusion a thorough evaluation of the building's ventilation system and subsurface conditions needs to be conducted by a knowledgeable professional in accordance with state and federal established procedures. 
The evaluation process typically includes a thorough building chemical inventory, the advancement of soil gas probes and the collection of soil gas samples. When indoor air quality problems are identified they can normally be resolved through the modification/installation of a properly designed ventilation system.
Metropolitan is well experienced with U.S. EPA and State vapor intrusion investigation techniques. We have completed numerous vapor intrusion and indoor air quality studies at commercial and residential properties. We have the experience to identify and resolve indoor vapor intrusion problems and the practical know-how to resolve indoor quality issues in an efficient and cost effective manner.
Contact us online or call 973-897-8162 to learn more about our Vapor Intrusion and Indoor Air Studies.

Metropolitan Engineering, Consulting, Forensics, and Environmental Remediation Services.

Construction, Investigation, Remediation and Forensic Expert  Engineers

P.O. Box 520

Tenafly, New Jersey 07670-0520

Ph.: (973) 897-8162

Fax: (973) 810-0440

metroforensics@gmail.com

Contact: Dr. Bill N. Stephan, PhD, PE, JD, CIH, MBA, CHMM

Insurance claim examiners, insureds, insurers, insurance adjusters and risk managers use Metropolitan for determining cause, evaluating the extent of damage, determining the age of the release, separating unrelated damage, analyzing loss scopes and managing restoration data, determining costs to repair, restore or replace, and preparing for insurance appraisals.

Attorneys call on Metropolitan for help when preparing for Litigation and Alternative Dispute Resolution such as arbitration and mediation