Tuesday, May 02, 1995

 

Asbestos Explosion - Con Ed Fined For Cover-Up

LOOKING AHEAD by Wally Dobelis


At 6:30 PM on Saturday, August 19,1989, the neighborhood around Third Avenue and 20th Street heard a deafening extended roar and saw a thick geyser of vapor 20 stories high. It was an underground explosion of a Con Edison steam pipe, killing two workers and a neighborhood resident, injuring 24 more residents, and spreading 200 lbs of asbestos dust from the eruption of mud and debris over an area of several buildings, over a four hour period. Dominic Acilino of the Honey Tree Restaurant (renamed Barfly) saw it from the road, as a mushroom cloud. Miraculously, the four people sitting outside his restaurant were saved by its awning. The residents of the 19-story coop building at 32 Gramercy Park South, across the street, were not so lucky. There the blast hit the hardest. The 151 East 20th, and 31 and 34 GPS buildings were also affected. Altogether, 235 area residents were evacuated, most placed at the Gramercy Park Hotel, until the apartments were repaired and scrubbed of asbestos. Half of the residents never came back to their coop apartments. Brotherhood Synagogue, at 29 Gramercy, was under repairs for four months, and operated out of a Con Ed trailer, meanwhile holding Shabbat services in the Baruch College auditorium. Gribouille, the French ladies clothing store at 32 GPS, was totally destroyed. If you want to read more about the disaster, the Choukrouns have some clippings pasted on the wall of the rebuilt store, inside. It took four months of asbestos removal and repair work before East 20th Street was reopened. Con Edison paid $90 million in settlement of civil lawsuits.

On April 21, 1995, Federal Judge John S. Martin sentenced Con Edison corporation to three years of probation, under the supervision of a court-appointed monitor, who will insure that the company is complying with Federal regulations pertaining to the protection of the environment. The monitor will be selected from a group of applicants, recommended by the company and the government, with the salary to be paid by the company. The monitor's exact powers have not yet been worked out.

A monitor was needed, Judge Martin stated, because top executives of Con Edison willfully ignored evidence that asbestos was released by the explosion. After five years, Con Edison admitted in court in October 1994 that it had failed to tell the authorities about the release of asbestos. Asbestos can cause cancer, over a period of time.

Con Edison pleaded guilty to three counts of environmental law violations and one count of conspiracy. Constantine J. Papakrasas, vice president for steam operations, now retired, pleaded guilty to one count of failing to report the release of asbestos. Because of poor health the former executive was spared the maximum sentence of three years imprisonment, and was fined $5,000. The company was imposed a $2 million fine, the maximum, as requested by the chief of the criminal division of the US Attorney's Office, equivalent of 3/100s of one percent of the company's annual income. The fine will not be costly to the consumer. What will cost us are the three layers of damage control precautions, first those voluntarily taken by Con Edison, such as the appointment of "environmental managers" in more than 50 departments of the company, to monitor possible health threats. Add to it the continual audits and overseeing of the plants by monitors of the New York State Department of Environmental Conservation that Con Edison has agreed to. The in-house counsel for Con Edison, Alan Levine, claims that with the above arrangements and with the appointment of two environmental lawyers, Ross Sandler and Angus Macbeth, the company has satisfied the need for monitoring possible health threats. However, Judge Martin feels that an additional third monitor is necessary to insure compliance with the Federal regulations, particularly the need to inform the Environmental Protection Agency when hazardous material has been released. That makes three layers of lawyers, managers and assistants.

We may see these appointments and arrangements as meeting our requirements for assuring the people of New York that their health is well taken care of. I see the word manager. That denotes legal damage control, people who will write memos and have a file to prove, when the next disaster occurs, that all the proper instructions have been issued and are on record.

The damage was caused when a 24" steam pipe, shut down when adjacent water pipe broke, was prematurely reopened. The hot steam and water met, causing a "water hammer" explos ion. There are 106 miles of steam pipes in Manhattan, 75 percent wrapped in amosite asbestos, most of them next to water mains. There are 550 water main breaks a year. We have now been adequately provided with supervision. How can we be assured that there is somebody smart at the opening of the hole in the street, making sure that hazardous conditions are recognized, that and cold water does not hit hot pipe; that the blueprints recognize proximity of dangerous elements; that the workers dig carefully and that asbestos removed is properly bagged? Lawyers and managers could not have saved the three lives and 24 injuries in 1989. Smart technicians on the corner of 20th and 3rd could have, with sufficient on-the-job training. Since 1977, Con Edison has had several underground explosions in this area, on Avenue C, on 1st Avenue, near Stuyvesant Town, and on the FDR Drive It would be important to know precisely where, in the Con Edison plans, the NYS DEC monitoring and in Judge Martin's judgment, there are provisions for such people.





LOOKING AHEAD by Wally Dobelis

Asbestos Explosion - Con Ed Fined For Cover-Up

At 6:30 PM on Saturday, August 19,1989, the neighborhood around Third Avenue and 20th Street heard a deafening extended roar and saw a thick geyser of vapor 20 stories high. It was an underground explosion of a Con Edison steam pipe, killing two workers and a neighborhood resident, injuring 24 more residents, and spreading 200 lbs of asbestos dust from the eruption of mud and debris over an area of several buildings, over a four hour period. Dominic Acilino of the Honey Tree Restaurant (renamed Barfly) saw it from the road, as a mushroom cloud. Miraculously, the four people sitting outside his restaurant were saved by its awning. The residents of the 19-story coop building at 32 Gramercy Park South, across the street, were not so lucky. There the blast hit the hardest. The 151 East 20th, and 31 and 34 GPS buildings were also affected. Altogether, 235 area residents were evacuated, most placed at the Gramercy Park Hotel, until the apartments were repaired and scrubbed of asbestos. Half of the residents never came back to their coop apartments. Brotherhood Synagogue, at 29 Gramercy, was under repairs for four months, and operated out of a Con Ed trailer, meanwhile holding Shabbat services in the Baruch College auditorium. Gribouille, the French ladies clothing store at 32 GPS, was totally destroyed. If you want to read more about the disaster, the Choukrouns have some clippings pasted on the wall of the rebuilt store, inside. It took four months of asbestos removal and repair work before East 20th Street was reopened. Con Edison paid $90 million in settlement of civil lawsuits.

On April 21, 1995, Federal Judge John S. Martin sentenced Con Edison corporation to three years of probation, under the supervision of a court-appointed monitor, who will insure that the company is complying with Federal regulations pertaining to the protection of the environment. The monitor will be selected from a group of applicants, recommended by the company and the government, with the salary to be paid by the company. The monitor's exact powers have not yet been worked out.

A monitor was needed, Judge Martin stated, because top executives of Con Edison willfully ignored evidence that asbestos was released by the explosion. After five years, Con Edison admitted in court in October 1994 that it had failed to tell the authorities about the release of asbestos. Asbestos can cause cancer, over a period of time.

Con Edison pleaded guilty to three counts of environmental law violations and one count of conspiracy. Constantine J. Papakrasas, vice president for steam operations, now retired, pleaded guilty to one count of failing to report the release of asbestos. Because of poor health the former executive was spared the maximum sentence of three years imprisonment, and was fined $5,000. The company was imposed a $2 million fine, the maximum, as requested by the chief of the criminal division of the US Attorney's Office, equivalent of 3/100s of one percent of the company's annual income. The fine will not be costly to the consumer. What will cost us are the three layers of damage control precautions, first those voluntarily taken by Con Edison, such as the appointment of "environmental managers" in more than 50 departments of the company, to monitor possible health threats. Add to it the continual audits and overseeing of the plants by monitors of the New York State Department of Environmental Conservation that Con Edison has agreed to. The in-house counsel for Con Edison, Alan Levine, claims that with the above arrangements and with the appointment of two environmental lawyers, Ross Sandler and Angus Macbeth, the company has satisfied the need for monitoring possible health threats. However, Judge Martin feels that an additional third monitor is necessary to insure compliance with the Federal regulations, particularly the need to inform the Environmental Protection Agency when hazardous material has been released. That makes three layers of lawyers, managers and assistants.

We may see these appointments and arrangements as meeting our requirements for assuring the people of New York that their health is well taken care of. I see the word manager. That denotes legal damage control, people who will write memos and have a file to prove, when the next disaster occurs, that all the proper instructions have been issued and are on record.

The damage was caused when a 24" steam pipe, shut down when adjacent water pipe broke, was prematurely reopened. The hot steam and water met, causing a "water hammer" explos ion. There are 106 miles of steam pipes in Manhattan, 75 percent wrapped in amosite asbestos, most of them next to water mains. There are 550 water main breaks a year. We have now been adequately provided with supervision. How can we be assured that there is somebody smart at the opening of the hole in the street, making sure that hazardous conditions are recognized, that and cold water does not hit hot pipe; that the blueprints recognize proximity of dangerous elements; that the workers dig carefully and that asbestos removed is properly bagged? Lawyers and managers could not have saved the three lives and 24 injuries in 1989. Smart technicians on the corner of 20th and 3rd could have, with sufficient on-the-job training. Since 1977, Con Edison has had several underground explosions in this area, on Avenue C, on 1st Avenue, near Stuyvesant Town, and on the FDR Drive It would be important to know precisely where, in the Con Edison plans, the NYS DEC monitoring and in Judge Martin's judgment, there are provisions for such people.





LOOKING AHEAD by Wally Dobelis

Asbestos Explosion - Con Ed Fined For Cover-Up

At 6:30 PM on Saturday, August 19,1989, the neighborhood around Third Avenue and 20th Street heard a deafening extended roar and saw a thick geyser of vapor 20 stories high. It was an underground explosion of a Con Edison steam pipe, killing two workers and a neighborhood resident, injuring 24 more residents, and spreading 200 lbs of asbestos dust from the eruption of mud and debris over an area of several buildings, over a four hour period. Dominic Acilino of the Honey Tree Restaurant (renamed Barfly) saw it from the road, as a mushroom cloud. Miraculously, the four people sitting outside his restaurant were saved by its awning. The residents of the 19-story coop building at 32 Gramercy Park South, across the street, were not so lucky. There the blast hit the hardest. The 151 East 20th, and 31 and 34 GPS buildings were also affected. Altogether, 235 area residents were evacuated, most placed at the Gramercy Park Hotel, until the apartments were repaired and scrubbed of asbestos. Half of the residents never came back to their coop apartments. Brotherhood Synagogue, at 29 Gramercy, was under repairs for four months, and operated out of a Con Ed trailer, meanwhile holding Shabbat services in the Baruch College auditorium. Gribouille, the French ladies clothing store at 32 GPS, was totally destroyed. If you want to read more about the disaster, the Choukrouns have some clippings pasted on the wall of the rebuilt store, inside. It took four months of asbestos removal and repair work before East 20th Street was reopened. Con Edison paid $90 million in settlement of civil lawsuits.

On April 21, 1995, Federal Judge John S. Martin sentenced Con Edison corporation to three years of probation, under the supervision of a court-appointed monitor, who will insure that the company is complying with Federal regulations pertaining to the protection of the environment. The monitor will be selected from a group of applicants, recommended by the company and the government, with the salary to be paid by the company. The monitor's exact powers have not yet been worked out.

A monitor was needed, Judge Martin stated, because top executives of Con Edison willfully ignored evidence that asbestos was released by the explosion. After five years, Con Edison admitted in court in October 1994 that it had failed to tell the authorities about the release of asbestos. Asbestos can cause cancer, over a period of time.

Con Edison pleaded guilty to three counts of environmental law violations and one count of conspiracy. Constantine J. Papakrasas, vice president for steam operations, now retired, pleaded guilty to one count of failing to report the release of asbestos. Because of poor health the former executive was spared the maximum sentence of three years imprisonment, and was fined $5,000. The company was imposed a $2 million fine, the maximum, as requested by the chief of the criminal division of the US Attorney's Office, equivalent of 3/100s of one percent of the company's annual income. The fine will not be costly to the consumer. What will cost us are the three layers of damage control precautions, first those voluntarily taken by Con Edison, such as the appointment of "environmental managers" in more than 50 departments of the company, to monitor possible health threats. Add to it the continual audits and overseeing of the plants by monitors of the New York State Department of Environmental Conservation that Con Edison has agreed to. The in-house counsel for Con Edison, Alan Levine, claims that with the above arrangements and with the appointment of two environmental lawyers, Ross Sandler and Angus Macbeth, the company has satisfied the need for monitoring possible health threats. However, Judge Martin feels that an additional third monitor is necessary to insure compliance with the Federal regulations, particularly the need to inform the Environmental Protection Agency when hazardous material has been released. That makes three layers of lawyers, managers and assistants.

We may see these appointments and arrangements as meeting our requirements for assuring the people of New York that their health is well taken care of. I see the word manager. That denotes legal damage control, people who will write memos and have a file to prove, when the next disaster occurs, that all the proper instructions have been issued and are on record.

The damage was caused when a 24" steam pipe, shut down when adjacent water pipe broke, was prematurely reopened. The hot steam and water met, causing a "water hammer" explos ion. There are 106 miles of steam pipes in Manhattan, 75 percent wrapped in amosite asbestos, most of them next to water mains. There are 550 water main breaks a year. We have now been adequately provided with supervision. How can we be assured that there is somebody smart at the opening of the hole in the street, making sure that hazardous conditions are recognized, that and cold water does not hit hot pipe; that the blueprints recognize proximity of dangerous elements; that the workers dig carefully and that asbestos removed is properly bagged? Lawyers and managers could not have saved the three lives and 24 injuries in 1989. Smart technicians on the corner of 20th and 3rd could have, with sufficient on-the-job training. Since 1977, Con Edison has had several underground explosions in this area, on Avenue C, on 1st Avenue, near Stuyvesant Town, and on the FDR Drive It would be important to know precisely where, in the Con Edison plans, the NYS DEC monitoring and in Judge Martin's judgment, there are provisions for such people.

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