Document 2NVvo2jdxjog5RaaMYmR1g1d5

PLAINTIFF'S EXHIBIT CAP-708 A@ A/C Pipe Producers Association Public Affairs Committee to International Affairs Committee i J. F. Welch, Director, Public Affairs Interna! Correspondence dateApril 29, 1981 SUBJECT Field Problem - Brick Township (Ocean County, New Jersey) ACTION REQUIRED: Review for information Background On March 27, 1981, Ed Hughmanic (Superintendent, Toms River Water Company) called to advise that an article (Attachment 1) had been published in the Asbury Park Press stating that Brick Township would retain Carl Cahill "to discuss his findings" on the A/C pipe and health issue. AACPP had responded previously to inquiries from the Brick Township Municipal Utilities Authority (BTMUA) (Attachment 2). Staff contacted BTMUA Executive Director, Andrew Ciesla to determine status. BTMUA no longer purchases A/C pipe, although approximately 30 miles is in place in the system. Their contacts with New Jersey Department of Environmental Protection were characterized as "passive"; no contact has been made with EPA Region 2 officials. Ciesla stated that an activist group in Sutton Village is convinced that A/C pipe is carcinogenic and "does not want to be confused with facts". Their feeling is that the system simply should be removed. Fiber counts have been done and one test showed a level of 70,000 fibers per liter. All other tests have been negative, including a retest of the 70,000 f./l site. As far as the Cahill situation is concerned, the City Council members apparently were embarrassed into action under heavy public and political pressure. However, the Township attorney recommended that Cahill's credentials be solicited prior to retention. These have been requested from Cahill's attorney. Ciesla solicited additional character references on Cahill, and Staff recommended that Allan Hammer (Director, Water Supply Engineering, Virginia Department of Health) and Bud Allen (Director of Public Utilities, Chesapeake, Virginia) be contacted. Current Status On April 8,1981, the Ocean County Reporter published another article (Attachment 3) on asbestos in Brick Township drinking water. This article made erroneous reference to a 1979 statement from EPA to AACPP that "there is now some direct human evidence that there is a relationship between asbestos in drinking water and increased cancer risk." This statement was used by the activist group as a rationale to replace the thirty miles of A/C pipe in place. On April 29, 1981, Staff contacted Ciesla again. He advised that Cahill's credentials had been received and that it was apparent that he was a journalist who relied on the "sometimes expert opinion of others." Ciesla recommended to the City Council that Cahill not be retained. This recommendation was received favorably, particularly in view of the $3,000 price tag attached to Cahill's services. Ciesla plans to formally agree to have BTMUA keep abreast of all developments regarding A/C pipe and health so that immediate action can be taken, if necessary. He, of course, does not CAPCO JEN 0011040 expect the need for such action. Ciesla believes that the problem is going away, although at a painfully slow pace. Action Required 1. Routine monitoring by AACPP Staff. 2. Special counsel will attempt to obtain the formal complaint filed with DEP and DEP's response to same. JFW/ajb cc: A. Kahn, Esq. N. Rahn, Esq. M. Greenberg, Esq. N. Battle copies to: Public Affairs Committee International Affairs Committee H. Olson I. Adams B. Cook W. Perrell J. Woods J. Baker T. Dougherty D. Stinson W. McCallie R. Dorner E. Van Der Rest B. Giboin R. Hobbs C. Walters A. Saoulis R. Jalan V. Pattabhi H. Hudson C. Barton S. Al-Tarkait E. Costa CAP CO JEN 0011041 ATTACHMENT 1 n. Ocean AOmry pari; Press/TniL-s. March 25.1P.-T '.v: inures; iparre"-dj as!v?y*:r' a .. . BltlCR TOOTvSWP- A Virgin!* mtn acceptable for potable water coming Into our capital outlay costs; $1,521,735 in d-Cw : who claims to have helped in the successful ' homes through asbestos cement pipes," the (ct; $2,701,100 in temporary financing; effort to ban asbestos cement water pipes in' the dty of Chesapeake will be hired to dis cuss his findir.p. on the (natter before the Municipal Utilities Authority.*w'- V****/ .'j Carl CahIU, of Chesapeake, Va., in a let* rter to the authority's attorney, said he had ''assembled more than pounds of infcrcia* 'tion on asbestos cement pities and the haz ards of infested asbestos fibers. . . I - 'Toe problem of asbestos in water his been a concern of mine sire* 1573 and par tially through my efforts Chesapeake -- to 2973 --'beeame the first city in the nation to ban installation of A/C pipe because of health reasons," the letter aid. \ petition nates. $3,C3i,148 in' operaCions. * * Andrew Cicsla, authority executive They also gave preliminary aperrv- director, old bn itigM that testing conduc a plan under which Buret Taverc Mr- ed by the franklin institute In Philadelphia condominium owners would receive too:v - showed that water tests at Amy Court to al bills for water service. " Sutton Village contained asbestos fibers The comtominum is'the only drvt- longer than live milicrons. " ' - ment to the township that had beer. rr<\ Fibers longer than (ire milicroas ere ' tog a single water service bill, acccrito: considered dangerous by health experts be Surkey. cause they sire more easily retained by. the Die condominium association, which ; body. 'ed residents for water through the rr:ztm Residents from Sutton Village will have 'maintenance fee, h2s an unpaid bill a public meeting 8 p.m. April B in tl>* Sutton $49,009, he said. *' Village Clubhouse on Sutton Drive to raise Under an agreement with the rjr<-r increased pupil support for the removal.of tion, the unpaid balance will 1 paid a*. . aS asbestos pipes in the township. rate of $l,CO) a month at 1 fiercest titer **Also, and again partially due to my ef forts, Connecticut in October 153) banned id- . slallation of Ui& pip?s," OhiU also* wrote in his letter., : t: \ In `approving the resolution to lore Ca* \ * In other action, the authority adopted its new 15S1-S2 budget of SD.&5.C93. an increase of 1C percent from last year's budget of $5,015,353. * 7he new budget allocates $1,Q2S,6BQ in lor the next 51 months, le raid. * Individual homeowners will be kZ quarterly for $53.50 for minimum servfre: the association win pay fer any execs? v;. used, Starkey said. * hill, authority attorney Cnarles E. Stnrkey was authorized to research Cahill's back* The decision to lure Oihlil for a $3,009 fee came after a group of homeowners from Sutton Village cor.domir.imum and the Holly wood Manor housing development protested to the authority last night that It had not taken sufficient action or. the jvjssiMe har- ards of asbestos cement water pu<s used to distribute the towr.ship's.watLf supply...* Cahill will be hired to speak at a speck!' authority meeting to which representatives lrom the state Department of Environmental rrotection and the federal Environmental Protection Agency will also be Invited, ac cording to Warren Wolf,' authority asslctant treasurer. * , - .. While authority officials said they share the residents* concern over the asbestos pijfcs, they said they have not > ct jvcvived conclusive information that the pipes are potentially harardwis. *....................... ... An estimated 10 percent --* er 39 miles -- ef the authority's wokr pipes arc made of Ysl**stos ccmcot. . ... . Aslicsirc is a mineral that is cor.udcred to be a cancer causing agi-nl when inhaled, but studies hare not yet shown tint asl*.*sios % Is carcirogenif vhrn Ingi^led or Inhaled, ao- cording to the authority, in Ks ir;u.T, CiluU sold that f.dtttoe Mere "pew an even' pvatrr tJuv.it to Irc'dth" when they are emitted fit*m ccrtab* borne appliances. - . 1 . "Often overlooked* by `utility companies 7--"but an even greater threat to health -- ~ jure the (asbestos) fibers which are emitted jfrem clothes dryer*, home humidifiers and Jvaforircts. Inhaled asbestos, as yew well ^ kna'V, caul'*- nshcMcnii. fuug cancer and 'mrethchoma," Ciiiiil safiL* **** * > >anv*:;.,e, over 400 reridenw have sign ed a petition demanding that She pipes be re- i nlacvik - * * / i CAPCO JEN 0011042 A/C Pipe Producers Association 1600WiHonRou4vai<J. SuS*l308 Aitngton. VigWo 22209 (703) 84HSS6 ATTACHMENT 2 March 26, 1981 Mr. Andrew R, Ciesla Executive Director The Brick Township Municipal Utilities Authority 1551 Highway 88 West Brick Town, New Jersey 08723 Zo <' -- ZSS' ~ =?ooco Dear Mr. Ciesla: Your February 9,1981 letter to the Director of Research, Union Carbide Corporation, recently was forwarded to this Association for appropriate action. It is the industry's position that there is substantial scientific evidence to support the conclusion that the use of asbestos-cement (A/C) water pipe does not create a public health hazard. The potential health effects of the ingestion of asbestos have been studied for at least 10 years, using data bases extending for up to 35 to 40 years -- well beyond the latent period for cancer -- in Connecticut, Duluth, Minnesota, Canada and the Pacific Northwest where large amounts of asbestos are present in drinking waters. All such studies have not shown that there is a cause and effect relationship between asbestos in drinking water and disease. Moreover, studies in which test animals have been fed monumental amounts of asbestos do not support the proposition that the ingestion of asbestos is harmful. The Environmental Protection Agency and all state health departments known to have considered the question have rejected a conclusion that the use of asbestos-cement water pipe constitutes a public health hazard. The Association has no reason to believe that this is not the position of the New Jersey Department of Environmental Protection as there are no restrictions on the sale or use of A/C pipe in the State. Enclosed are the following materials: 1. An executive summary of scientific evidence on A/C pipe and drinking water. 2. "A/C Pipe and Drinking Water" (A/C Pipe Producers Association) 3. "A Study of the Problem of Asbestos in Drinking Water" (American Water Works Association Research Foundation) 4. The recently released results of a multi-million dollar animal feeding study being conducted by the National Institute of Environmental Health Sciences. 5. Correspondence from Environmental Protection Agencies P.cgion 4 and 6, which state their respective views on the safety of A/C pipe vis a vis competitive materials. CAP CO JEN 0011043 A/C Pipe Producers Association Mr. Andrew R. Ciesla March 26, 1981 Page 2 6. Position statements of state health departments on the safety of A/C pipe. Copies of epidemiological and animal feeding studies referenced in the above materials also are available if you require them. If you have questions or require additional information, please call. Very truly yours, A/C PIPE PRODUCERS ASSOCIATION JFW/ajb Enclosures cc: A. Kahn, Esq. N. Rahn, Esq. M. Greenberg, Esq. John F. Welch Director Public Affairs FP/1 Chrono CAPCO JEN 0011044 ATTACHMENT 3 RECEIVED APR 20 CSf nh pipe group wards the 30 miles of a-c pipe in - Bv GENE GATENS use in the township replaced immediately. Political involvement in the asbestos- The group not only believes reports that the pipe, which emits tiny asbestos cement pipe issue in Brick Town grew last par-ides that flow throngh'drinkicig week a* one town council member con water supplies', is a cancer risk, but it also demned the use of the pipe. Moreover, says there ore economic factors which her member and two council candidates dictate the immediate replacement of the p.-ctec to attend a meeting tonight of a pipe. :p dc.r.'ii'.JIng the replacement "of the in the township. Meanwhile, Uricktown Citizens for Clean Water spokesman Paul Yancht-sky clrsrpcd the Brick Township Municipal CV.'up members s.'.y they oonT v.an: io continue paving maintenance cost.-; on a water system that they dor not feel safe about. Tticy sav that they would lathe: pav to replace the pipe now than to be faced with Utilities Authority (BT.MUA) with higher pipe installation ar.d other construe- `cirogain; its feet'' in efforts to obtain tion costs <n five. lOor 20years, v hen water information on the possible health . utilities may be ordered to be remove the hazards connected to the pipe in the hope pipe by health officials. that public support will fade. Only 10 percent of the water system ir. Yanchosky also reported that he lias filed Brick Township is ashcstos-cemem pipe. a formal complaint with the state Depart Brick Township Councilman Ronald ment of Environmental Protection (DEP) on Jones said he stands by all the points the use of the controversial pipe. The nearly 100-men:ber anti-asbestos tCVitinu-iit gii p*gt 4-Ai CAP CO JEN 001104-5 (ContlnunJ from Page 1) ronde by the group ennirming removal of the pipe, and noted that he believes much of the pipe i >> question is 25 years old and should be showing signs of wear --a condi- which cool*.! aid the breaking o!T of asbestos fibers Into the drinking oarer supply. "There is no question thut the pipe should be re moved," Jones said. Jones said he wilt attend a meeting of the clean wjict group tonight at 8 p.-.n. at the Sutton Village Clubhouse on Sutton Drive in Sutton Village in the township. Yanchosky said coun- dl.-.cman Mary Anne Bu tler and council candidates Anthony Nappe and Albert Neehaus are expected to .'trend also. The Sricktown Con-.-s of Concerned Citi .ns h8s also announced it'.- support for tiie group. Yanchosky this weekend tk.ut-.eJ the BTMUA with "dragging its feet" in effertsTo contact a-c pipe ac tivist Carl Cahill. The authority voted unanimously at its Wed nesday, March 25. meeting to i.uii'uct tiu*i, *1 attorney Charles 5*:*! key to roKtact Cahill for a check of his background and credentials. On Friday, Starkey said he had just returned from a three-day trip to- Mas sachusetts and that a letter to Cahill would be in the mail that day. Cahill, an advertising man by trade, conducted a successful,' one-man cruaaue in 1978 to have a-c pipe banned in his hometown of Chesapeake, Va. The information he gathered on the pipe was inter useful-in a move ment to have the pipe banned in the state of Connecticut. Cahill has told the group by phone that he would ac cept an invitation to present his information to the au thority for r. fee of S3.000 plus expenses: But at the time of this writing he had not beer, contacted. Yanchosky said he is not surprised that-it. has taken the authority more than one week to contact Cahill. "They (the authority) nre trying to prolong things for as long as pos sible in the hope that the issue, and public interest, will die," Yancliosky said. "Well I've got news for them," Yanchosky said. "Public interest is grow ing." In other action, the group last week filed a iortnal complaint with the state Department of En vironmental Protection (DEPJ in Trenton on the use of the pipe in the township. Ir- o letter to PEP Chief >f PuMir Participation P.s chard Gimeilo, Yonchci h;- said that the fedFr=v. Environmental Pro tection Agency's 1972 statement to the Asbestos Pipe l*r"Ji:crrs *'Sy,<:i.i- Z-.iir<~ tSlit "cuere i> cuw some ri-voct lr.tn-.vn eu- uct.-e i.at tiiiTc is ii i'e- T.Tfuuiship between as bestos in drinking water And increased cancer risk" is, in the group's opinion, "reason enough to replace tile ~apnro.\i- mateiy M) mil cl, of mre pine in in_ t'le township with a proven safe pipe?1* "'"TarvHosky said he and other citizens question the accuracy of ail $ 11,000 per year BTMUA estimate to maintain the asbestos pipe in the township. Calling the figure "a gross underestimate," Yanchosky stated the - group's beliefs on why the pipe should be replaced now. Stating that the water system in Dover Township is nearly 100 percent asbestos-cement pipe, Yanchosky said he believes "political pres sure could restrain the BTMUA from doing the right thing for its custom ers." Yanchosky said BTMUA-com missioned tests of water in areas of Brick Town where the pipe is used showed as many as 70,000 asbestos fibers of five microns in length in one sample taken.. * `We want no asbestos i n our drinking water," Yan chosky said ir. the letter. He said the authority's "reluctance to act ag gressively and responsi bly" In the Cahill matter "has resulted in the au thority's total loss of credibility in the eyes of citizens." According to authority chairman William Miller, "nobody on the heard is opposed to replacing the pipe. But we would first like evidence that there is something about it that i harmful." Miller expresred con cern over installing alter nate types of pipe i;i in-* event Ibni the authority d:J rc'.d'.t to replace the a c pipe. "Is somebody going to tell us there is somethnv, wrong with iron pipe or plastic pipe after we rip up the a-c pipe?" be asked. Miller confirmed Jont.,' belief that most of the a-c pipe in use in the township is 25 years old. hut he explained that the BTMUA has never used the pipe for installation. He said the a-c pipe pre sently in use was install--*.', before the authority purch ased. the water system firm another water utility. He said the authority uses only rfuctol iron pipe to replace .damaged asbestos-cement pipe. Miller included that the authority is trying to obtai:. caily tbs results of feden-.' Environmental Protect;,--. Agency (EPA) tests on as bestos ingestion. Findings on the; tests, in v. 'iiclt rai*5 are fed asbes tos with tluir daily diet-and then studied at El'A research labs in Ciocinatti, err expected to be conclusive. Tests results are not ex peered for another vetr CAP CO JEN OOI 1 04-6