Document VGB9Y00x8q1wNLej5q47dXmXj

PLAINTIFF'S EXHIBIT / CAP-448 A/C Pipe Producers Association Public Affairs Committee International Affairs Committee JF. y/tSeA.--------------- 'J. F. Welch, Vice President FROM Internal Correspondence January 18, 1982 DATE. Field Problem - Weston, Wisconsin REF: (1) JFW correspondence, same title, June 29, 1981 ACTION REQUIRED: Review for information Background Since the last report on this matter, a number of events oecured. On July 30, 1981, Staff was contacted by Dick Schneider, Director of Public Works. Schneider stated that he no longer was employed by the Town for reasons he characterized as "internal politics unrelated to the possible litigation with JohnsManville." However, he alluded clearly and purposefully to "personal disenchantment and philosophical problems" with pursuing such litigation. He went on to say, "I am not a mercenary, but there are things I know about the design and operation of the Weston system that may be valuable in the preparation of a defense in future litigation." He reported that attorneys were preparing to file an action against Johns-Manville. He said it was scheduled to be filed in October (1981) but the Town wanted to prepare a "very tight case" so it was delayed. He also said Dr. William Croft (University of Wisconsin) was working nearly full time assisting the City's attorneys. This information was transmitted to Wyatt McCallie (Johns-Manville) on or about August 4,1931. During the period June to December, various news articles appeared in the Wausau Daily Herald (Attachment 1). These clippings were provided by the law firm of Terwilliger, Wakeen, Piehler, Conway and Klingberg, S.C. On December 11,1981, Staff was advised by Johns-Manville that a public meeting would be held on December 16,1981 to "give an update on research associated with a possible law suit against manufacturers of asbestos cement water mains used in Weston." Since this field problem has been managed by Johns-Manville, Hal Olson agreed to obtain additional information on the meeting format, attendees, etc. And since AACPP had been directed by Wyatt McCallie (J-M Legal Department) not to do anything in this matter without the approval of J-M, McCallie was contacted in Nashua, New. Hampshire. He agreed that AACPP should be present at the meeting. Later that day, Olson reported on a telephone conversation with Town Attorney, Richard Weber. Weber stated that the purpose of the meeting was to advise water consumers of the findings of its expert scientist, Dr. William Croft. (Note: Croft also was the "expert" for the plantiffs in Walters et al v. Village of Crivitz.) Weber reported that asbestos levels as high as 40-60 million fibers per liter (mfl) were found in the system and that the pipe was "deteriorating more rapidly than previously thought, beyond the point that it can be salvaged." Weber said the Town hired a company (unnamed) to excavate and test sections of pipe. Weber said industry representatives could attend the CAPCO JEN 0002230 meeting but could not and would not be placed on the program. Weber would not divulge the meeting participants. On December 14, Lewis & Gilman arranged for Staff a press backgrounder with the Daily Herald. Its purpose was to express the industry's viewpoint to the public in advance of the meeting. AACPP Counsel recommended that local counsel be contacted in advance of the meeting in order to obtain background on political and legal issues which might be discussed. The firm of Terwilliger, Wakeen, Piehler, Conway & Klingberg, S.C. was recommended. That evening Staff spoke with Douglas Klingberg. Serendipitously, Klingberg was monitoring the situation for Liberty Mutual Insurance Company, insurer for the Flintkote Corporation. Flintkote also was advised that Weston would make claim for damages for costs and expenses in connection with the alleged pipe deterioration (see JFW correspondence, Field Problem - Weston, Wisconsin, March 9,1981).. Klingberg was concerned initially about a potential conflict of interest but after discussions, it became clear that no such conflict existed. Status of EPA Research in Weston On December 15,1981, Staff contacted Gary Logsdon (EPA - Municipal Environmental Research Laboratory) to determine the status of agency - funded research projects on A/C pipe rehabilitation. Logsdon reported: 1. Three sections of A/C main cleaned by a steel scraper or by "polypigs" were cement mortar lined by the Centri-line process. Well water was circulated after the pipes were flushed to determine how the lining reduced fiber counts. Asbestos analyses were in process at Montgomery Engineers. 2. An unlined A/C pipe section was flushed for a long period of time. Before flushing and after flushing samples were taken and forwarded to Montgomery Engineers for analysis. Logsdon also reported the only water treatment used was pH adjustment with sodium hydroxide. He opined that the Town "probably needs bicarbonate treatment" because the water has a low buffering capacity. Staff neglected to ask whether the utility still used iron sequestering polyphosphates which might accelerate leaching of calcium from the pipe. Status of J-M Contacts with the Utility J-M's local sales engineer, Mike Krosnosky, provided an excellent historical perspective on the utility, its consulting engineers, its management, and the use of A/C pipe. He reported that waters of a low Aggressive Index (AI = 8-9) are common in the Wisconsin River Valley but nearly all the utilities using A/C pipe treated the water to a moderately tr non-aggressive state. Wisconsin Rapids, for example, has 48 year old transmission mains which exhibit the ideal eggshell coating indicating proper water stability. Most of the pipe in Weston's system is of J-M manufacture. Krosnosky believes that in addition to Flinkote, Certain-teed Corporation also supplied pipe to Weston. -2- CAPCO JEN 0002231 Krosnosky also reported on discussions with former Director of Public Works, Dick Schneider. He confirmed that Schneider was replaced, by George Peterson, solely for political reasons. This assessment also was confirmed by a Daily Herald reporter. Krosnosky said that Schneider knew that a large number of consumer plumbing problems existed, e.g. corrosion of water heaters, boilers, etc. These premature failures presumably resulted from the highly aggressive water provided by the utility. Since Krosnosky was known by the Town's consultant and certain Town Board members, it was agreed that he should not attend the meeting and potentially place himself and J-M in a compromising position if asked for a public statement. Meeting with Douglas Klingberg, Esq. Klingberg appears to be well connected in the community. He has discretely investigated the matter with an engineer employed by the Town's consultant, BecherHoppe Engineers Inc. and the Town Attorney, Weber. Both these persons are unaware and should remain unaware that he is retained by Liberty Mutual and Flintkote. He also spoke with a local internist-oncologist (Dr. David Jenkins) and physicians at the Marshfield Clinic who he represents in malpractice suits. In Klingberg's words, "the consensus of the local medical community is 'if we lived in Weston we would be concerned.'" Contact With Wisconsin Department of Natural Resources (DNR) Staff contacted Bob Baumeister, P.E., Chief of the Public Water Supply Section, Division of Environmental Protection. He and Staff had discussions on the safety of A/C pipe during the Crivitz trial. Baumeister said Weston had sought "little consultation" from DNR since the corrosion of A/C pipe was first discovered. This was in spite of the fact that he personally offered to speak with the Town Board about the matter. Since the Town approached EPA, rather than DNR, to assist in corrective measures, there is no question that this has rankled Baumeister. In his view, "someone in Weston has built a case against DNR." It must be concluded that the individual is Dr. Croft. Baumeister said the Town also did not contact the Department of Health and Social Services which provides medical advice on contaminants in drinking water. Baumeister said DNR attempted to obtain EPA data on system rehabilitation but Weston would not release it without EPA approval. It is the Department's intention to obtain water samples for asbestos analysis and evaluate the treatment processes currently used in Weston. He did not say when this would be done. Baumeister said DNR made a press release (Attachment 2) on asbestos fibers in State water supplies and the Weston situation. Media Relations Staff met with Daily Herald reporter Don Oakland on December 16,1981. The objective was to obtain coverage of the industry's position on the safety of A/C pipe in advance of the public meeting. Oakland is in his late twenties and is a rather straightforward individual. He listened carefully and had no preconceived notions about the issue. His article (Attachment 3) is an accurate replay of our breakfast meeting. At Lewis & Gilman's recommendation, Staff contacted the assignment desk of the local television station, WAOW (Channel 9) and determined the meeting would be covered. The Daily Herald press coverage resulted in Staff being contacted by reporter -3 CAPCO JEN 0002232 Todd Weiler for a post-meeting interview described later. After the meeting, Staff contacted Oakland to advise him that the industry also wished to give a statement on the meeting outcome. This also is described later. Weston Town Board Meeting The meeting was held in the gymnasium of a local high school; approximately 100150 people were in attendance. In advance of the meeting, Staff introduced himself to Dr. Croft, who was rather surprised to see me, and to Town Board Chairman Jack Allen, who received the introduction icely. Although I reassured him that the industry's presence was in the spirit of cooperation and communication, he reiteriated that the AACPP would not be given an opportunity to present its views. Moreover, in his introductory remarks Allen specifically stated that the meeting participants would only receive questions from water consumers. Presentation by Dr. William Croft Dr. Croft reviewed his credentials, giving particular attention to his educational background. He stated that he had fifteen years experience in cancer research and was associated with the Department of Oncology at the University of Wisconsin, but made no mention of the fact that his assistant professorship .is with the Department of Veterinary Sciences. Croft represented himself as "an onocologist, experimental pathologist and environmental toxicologist" with extensive experience in chemical carcinogenesis. He said he had worked with asbestos for three and a half years, was a recipient of an EPA grant and was "certified" to measure asbestos. He said he considered himself "a scientist first and a clinician second." (Note: This claim is absurd since Croft is not a physician. As a matter of fact, Staff was told by Klingberg after the meeting that a local cancer specialist was outraged at some of Croft's medical explanations.) Croft said he was retained "to answer some of the resounding questions about the deterioration of A/C pipe and its potential health effects on the citizens." He considered it a complex environmental question which could take forty to fifty years before ill effects are known. He reviewed the general approach to his studies. Croft reported asbestos levels in Weston drinking water were as high as 46 mfl and low as 0.5-1.0 mfl. He said "a significant number are above 10 mfl." Sixty samples have been taken to date and the reported results presumably are those of Croft. (Note: AACPP Counsel learned that Croft submitted water samples to Walter S. McCrone Associates for analysis. These may be to double check his results.) Croft claimed there is no asbestos in the wells or ground water in the area. Expert soils engineers and hydrogeologists also concluded, according to Croft, there is no asbestos in the soils or bedrock in the area. No documentation was presented to support this claim and in fact it appears to contradict the DNR press release (Attachment 2). Croft also reported on airborne asbestos levels in the community. His measurements showed an 8 hour time weighted average (TWA) exposure of 3.0 asbestos fibers per cubic centimeter of air were "coming off used A/C pipe in a storage yard" and 1 to 5 fibers/cc levels were present in homes using water conveyed by A/C pipe. In contrast, he stated, homes not using water conveyed by A/O pipe have no fibers in them. Croft characterized this as a "resounding association and a significant finding." I -4- CAPCO JEN 0002233 As far as health effects of exposure are concerned, Croft stated he planned to start in the next few weeks to assess the impact of A/C pipe on the health of the community. Croft then reported on "what Mother Nature is telling us about asbestos in drinking water." He said his research on mesothelioma in dairy calves revealed asbestos fibers present in the tumors and in the calves' abdominal fluid. Since Croft claimed to find asbestos fibers in their drinking water, he concluded that asbestos was the causative agent. This research has not been published. Croft also said "there are 13 cases of mesothelioma in children." He did not say whether those children lived in the IVeston or Wausau-Merrill area. Croft then gave a slide presentation covering: the Kanarek study of asbestos in drinking water and cancer incidence in the San Francisco Bay area. Croft said the study showed a "significant increase in disease in exposed populations." the 8,000 law suits against J-M. asbestos fibers and the transmission electron microscope. the Cook study on asbestos fibers in human urine. medical textbook pictures of the lung and how asbestos caused asbestosis and mesothelioma. Croft claimed workers exposed to asbestos demonstrate asbestos in all body sites. Selikoffs finding of increased gastrointestinal and kidney cancer in workers exposed to asbestos. Also claimed that asbestos exposures resulted in increased brain cancer and that Kanarek demonstrated increases in pancreatic cancer. Croft showed slides of A/C pipe from the IVeston system. The pictures were taken on September 23, 1981 and appeared to show internal softening to a depth of approximately 1/8 of an inch. A picture was shown of a pipe interior scraped to demonstrate softening. Also shown was a large bag of asbestos fiber and cement which had been "poly-pigged" from a section of A/C pipe during the EPA rehabilitation studies. Croft also said the outside of the A/C pipe was softening in a locale where the pipe was buried in water. A picture was shown of a profiled end of a piece of A/C pipe. It appeared to show some corrosive attack. Finally, Croft showed a slide of a table excerpted from the EPA Water Quality Criteria for Asbestos. The data showed cancers expected to occur from exposures to 3,000, 30,000 and 300,000 fibers per liter. He concluded the asbestos levels in IVeston constituted a "very high risk." The Kanarek-Conforti study of asbestos release in non-aggressive waters was used . to support his claim that the pipe will corrode regardless of water treatment. The importance of the Kanarek findings was repeated. i -5- CAPCO JEN 0002234 As to the significance of the data, Croft said "to have zero risks, we must have zero exposure." There are no standards or criteria established to date for asbestos in drinking water, he said. The alleged finding of 1 to 5 fibers/cc in the air of homes constituted, in his judgment, a serious risk. He said that 10% of the people exposed to the current OSHA standard of 2.0 fibers/cc would die of cancer. He said it was desirable to have ten times less exposure in homes due to the susceptibility of women and children to cancer. He said the asbestos and water and asbestos in air were a community problem because "wherever the water goes so goes the asbestos." He said "three generations of people from Weston were exposed and the effects will be permanent." As to what corrective measures should be taken, Croft recommended that citizens, particularly children, reduce exposure to asbestos in air and water. He also recommended minimizing exposure to cigarette smoke and the consuming of Vitamin A and all other vitamins. Presentation by Richard Weber, Esq. (Town Attorney) Weber said the Town Board had taken an open view about the legal aspects of the Town's problem. He said much data was in and much more had to be gathered before the decision was made to litigate. He was concered about the fibers in air and the fibers in water. He said that it would be "inappropriate to divulge to legal theories on which we will proceed." He said the courts in Wisconsin were liberal in granting relief to parties where damages were shown to occur or likely to occur. He cited the large number of law suits with asbestos manufacturers. He said he would be less than candid if he did not state that litigation would be a "new experiment." He is not aware of any cases involving asbestos in drinking water. Importantly, he said if the Town goes forward with litigation, it would attempt to correlate the waterborne exposures with the hazards of asbestos in air. He concluded that no decision had been made to proceed, that the Board was reviewing the Croft data and a decision would be made sometime next year. Presentation by Archie (Skip) Becher, P.E. Becher is a principal in the Town's consulting engineering firm, Becher-Hoppe. He reported on the feasibility and costs of removal and replacement of the existing A/C mains. There are 107,738 feet of 6 to 12 inch A/C pipe in the system. The pressure class was not given. Assuming replacement with ductile iron pipe, minimal service disruption and current pipe prices, Becher estimated the cost to be $2.0 million for removing the A/C pipe and $4.4 million for replacing it with ductile iron. He estimated 2 1/2 - 3 months to complete the job, predicated on an early Spring decision. Presentation by Jack Allen (Town Chairman) Picking up where Becher left off, Allen said a bond would have to be floated to pay for the project. Assuming an 11% interest rate, 10 year payback period, the costs would be $744,000 per year. This would require a special assessment of $350 per year for ten years for all water customers. This figure produced whistles and groans from the audience. There was no mention in either Becher's or Allen's presentations of any other alternative other than removing the A/C pipe. The floor was then opened for questions (Attachment 4). After the questions waned, someone from the audience moved that a straw vote be taken. A smiling Allen and Becher counted only Six "no" votes, all others being in favor of replacing the pipe. , -6- CAPCO JEN 0002235 Media Coverage of Meeting Staff was approached by television reporter Todd Weiler (WAOW, Channel 9) to give industry's response to the meeting. The interview went as follows: Weiler: Mr. Welch, what is the industry's reaction to the meeting tonight and to Dr. Croft's claims? Welch: The industry's position is that the scientific evidence stands on face value. There is no cause and effect relationship between ingested asbestos and any disease. Ten epidemiology studies and nine animal feeding studies have shown this to be the case. Weiler: What about the two studies that Mr. Weber mentioned showing ingested asbestos causes disease? Welch: Mr. Weber is incorrect, there has only been one study (Kanarek) which was published twice. The study also was never replicated. Replication is one of the basic tenets of the scientific method. Weiler: Mr. Welch, would you drink the water in Weston? Welch: Yes, I would not hesitate for a second. Weiler: Would you buy a home in Weston? Welch: Yes I would. It is a lovely community. The meeting was given broadcast coverage on the 10:00 p.m. news, December 16, 1981 and again on December 17. Staffs interview aired on the latter program. The Daily Herald also ran a story (Attachment 5) in which Staff expressed its concerns about the form and content of the meeting, especially Croft's claims. Staff Analysis of Meeting This was a well orchestrated, tightly controlled event whose result was fully planned weeks in advance. Croft's presentation was designed to instill great fears about the health hazards of waterborne and airborne asbestos. Given the half-truths, falsehoods and inflammatory nature of Croft's statements, no other result could reasonably be expected. The prevailing mood after Croft's presentation was one of genuine concern. The audience was convinced that the health hazards of A/C pipe were not potential but real and imminent. Becher-Hoppe's role was greatly restricted. In not presenting alternatives to pipe removal, Becher side-stepped the only issue which might represent any opposition - the $6.4 million cost. The avoidance.of any mention of DNR's or EPA's support or opposition to this action also is notable. ft Becher-Hoppe undoubtedly realizes its potential liability in this matter and has chosen to follow the path of least resistance. Not only did they originally approve the use of A/C pipe, but as the Town's consultant failed to recommend appropriate treatment processes to stabilize the highly corrosive water. For that matter, the Town Water i -7- CAPCO JEN 0002236 Board also may be responsible for the alleged deterioration, which does not appear to be significant and certainly is correctable at much less cost than pipe replacement. Follow Up with Wisconsin Department of Natural Resources On the morning of December 17,1981, Staff contacted Bob Baumeister and gave him a full briefing on the meeting. Baumeister could not believe some of Croft's statements. When asked, he said he did not know how DNR might handle the situation. Staff advised Baumeister that it had been contacted by the Wisconsin Legislature to provide information on the safety of A/C pipe. Baumeister reported that Dr. Croft was working actively with the legislator for the Wausau area, Walter Chilson. Croft told Chilson that "DNR is not doing its job" with regards to asbestos in drinking water. This has resulted in some political pressure on Baumeister. Moreover, Baumeister believes that it is likely that Croft may push for introduction of legislation to ban A/C pipe in Wisconsin. AACPP Action Plan Douglas Klingberg of the law firm Terwilliger, Wakeen, Piehler, Conway and Klingberg has been retained to monitor future developments and provide input on the feasibilty of potential action plans. He reports (Attachment 6) that recent conversations with Weber suggest "a lawsuit is all but certain." There are two distinct but interrelated problems: (1) the removal of the existing A/C pipe system and the adverse publicity, real or perceived, which may result in the marketplace from such action, (2) the possibility of a lawsuit involving two or more A/C pipe manufacturers. Assuming that AACPP is not likely to be a named defendant in litigation to recover expenses of pipe removal and replacement, only options relevant to mitigating potential adverse publicity are discussed. AACPP Counsel will outline what legal options, if any, exist for AACPP participation in pending litigation (see Executive Committee meeting minutes, September 1,1981). Option 1: Take No Public Relations or Legal Action Advantages: (1) No financial or Staff resources required (2) Industry does not release data which might be valuable in future legal defense. (3) Town gets what it wants. Disadvantages: (1) Possibility of "domino effect" to other Wisconsin utilities using A/C pipe; resultant public relations problems and other legal actions. (2) Possible "domino" to other states. (3) Industry's integrity may be questioned i.e. why is not strongly defending the safety of its product? Opti tn 2: Take Limited Public Relations Action ' Another option would be to prepare a full-page "letter to the people of Weston" and publish it in the Daily Herald. The letter would attack Croft's claims, the roles of Water Board and consulting engineer in creating the alleged problem, evidence supporting~industry's position, and perhaps appeal for more reasonable corrective measures such as pipe rehabilitation or -8- CAPCO JEN 0002237 water treatment. This approach would have maximum impact if DNR plans to take a position against the Town's action. Advantages: (1) Industry's position is expressed without editing. (2) May raise questions about Croft's claims, Board's actions and need for replacing system; may put Town Board in defensive posture. (3) May result in citizens request for another "informational meeting," perhaps with DNR and/or industry representation. (4) Industry perceived as defending and standing behind product; may be important outside Weston. (5) May focus public attention on options to pipe removal. Disadvantages: (1) Ideally, data (asbestos levels in air and water) are required to rebutt Croft's allegations. (2) Commitment of financial and Staff resources required. (3) Lack of credibility by public; industry has a vested interest so its views will be received skeptically. This could be overcome only if DNR took a position similar to the industry position. (4) Industry might release information which could weaken its defense in future litigation. Option 3: Attempt to Stimulate Investigatory Reporting It may be posible to work with the Daily Herald and encourage an in depth series of news articles on the alleged problem. Advantages: Disadvantages: (1) The shallowness of Croft's expertise, the roles of Becher-Hoppe and the Water Board might be brought to light. (2) Maximum credibility by and impact on the public. (3) Maximum potential for modifying or reversing proposed actions, if series is powerful enough and uncovers wrongdoing or inaccuracies in Croft's measurements. (1) Some data (preferably DNR) required to rebutt Croft's measurements. (2) Unknown probability of success in getting Daily Herald interested. (3) Commitment of Staff resources. Option 4: Attempt to Organize a "No" Vote on the Pipe Removal Referendum This option is predicated on there being a legal need for the Town to approve the $6.4 million removal/replacement by a referendum. Attorney Klingberg does not believe that this is the case but his firm is researching the matter and will advise accordingly. Winner/Wagner 6c Associates, Inc., AACPP special counsel in California, specializes in managing "no" votes on ballot measures. Their largest client is Consolidated Edison of New York (electrical utility). Advantages: (1) Uses Weston citizens who may be opposed to removal for financial reasons or because they believe industry CAPCO JEN 0002238 or DNR position. (2) Places a heavier burden on Town Board and its consultants to justify the proposed actions. (3) May provide a number of public or media forums to express industry's position or for DNR and EPA to express positions, if any. Disadvantages: (1) Substantial cost and commitment of Staff and consultant resources. (2) Probability of success unknown. Option 5: Organize Legal Action It might be possible to organize citizens opposed to the proposed action to file a complaint against the Town Board. The action might restrain the Board from removing the pipe on the grounds that it is unreasonable or an abuse of discretion. The citizens would rely on industry legal support and scientific expertise to move forward with its case. Advantages: (1) Stops Town Board from removing pipe. (2) Board, its consultants and evidence not protected by work product theory would be subject to rules of discovery, deposition, etc. Disadvantages: (1) Commitment of substantial financial (special counsel) and Staff resources. (2) Probability of organizing such a citizens group (only one person is needed) is unknown. (3) Probability of prevailing is unknown. Since all but Option 1 require a substantial commitment of resources, action will be taken by the Executive Committee on January 20-21, 1982. If you have any questions or recommendations, please do not hesitate to call. JFW/ajb Enclosure cc: A. Kahn, Esq. N. Rahn, Esq. Special Counsel (7) Douglas Klingberg, Esq. Asbestos International Association Asbestos Information Association/NA Nancy Battle Mike Krosnosky -10- CAPCO JEN 0002239 copies to: Public Affairs Committee H. Olson I. Adams W. Perrell J. Woods J. Baker T. Dougherty D. Stinson W. McCallie B. Collier B. Cook HEGA/6 Chrono International Affairs Committee R. Dorner E. van der Rest B. Giboin C. Walters R. Hobbs . A. Saoulis R. Jalan V. Pattabhi H. Hudson C. Barton S. Al-Tarkait i -11- CAPCO JEN 0002240 't, i ATTACHMENT 1 Weston case may get wide attention .W By DON OAKLAND HenMSutf Tbc town of Weston may become the tint municipality in the United "To have zero risk, you most have zero exposure," be added. Weston la cot alone la having abestos fibers-la Us drinking States to tue manufacturers of asbestos<ement pipe because of asbeetoe fiber* entering the town's drinking water. The town contends the presence of tbe asbestos, a known cancer* water. The U.S. Environmental Protec tion Agency surveyed water utili ties in 406 cities in 17 states and found asbestos fiber concentrations. of more than one million fibers per .causlx* agent, is an unreasonable lila In 18 percent of tbe samples. threat to pubUe health. Asbestos -- Part 1 Sampling done la Westons has found average fiber levels of about two million per liter, la some sam*. pies, counts of 150 million fibers Pipe manufacturers argue the per liter have been found. amount of fiber, estimated at tow There Is about 300.0CO miles of as cee part per billion parts water, asbestos-crment pipe In use In tbe poses no hazard. United States and about two mil If the controversy finds its way lion miles in use worldwide, ac Into the courtroom, It will likely cording to the A-C Pipe Producers draw a national audience. One re Association, Arlington, Va. searcher estimates 10 million util* One EPA report estimates that Ity customers to the country might 1$ percent of tbe asbestos-cement find themselves In situations simi pipe In use In the United Stales lar to Weston's. could be susceptible to the type of "We are going to have to demote deterioration Westoo Is experienc strata that water containing as* ing. The EPA estimates that would bcstoa fibers of quantities that we affect 10 million persona. have them Id Weston are unrea Westoo purchased Its asbestos- sonably dangerous/' explained cement ptpe between 1968 and 1971, Richard Weber, attorney for the. according to Richard Schneider, town of Westoo. former director of public works for TTbem U satin Uw. qulte weU Westoo. established to the federal courts, It was purchased because U was that has said that asbestos pro less expensive than cast iron pipe, ducts am Inherently dangerous as according to Vilas Machmueller, a matter of law." be said. wbo was a town supervisor at the .However, tboae cases ' Involved time the ptpe was purchased. tbe tabalatioo of asbestos fibers In May 1980, public works crews and a link to certain types of can discovered that a portion of onq- cer. It la believed that U the We*- watermala was soft Schneider fi too case goes to court. It will be gured the pip* was deteriorating tbe first to argue that ingestion of and releasing asbestos fiber Into fiber is as dangerous. the water. To data oo studies havs shown a Zlmpro Inc., Rothschild, later*; ceodoalve link between the Inges confirmed the presence of fibers. tion of asbestos fibers and cancer In June 1980, the town entered, formation. However, Westoo offi cials say they can't wait for their concerns to be confirmed by re search. We cao*t wait until somebody 'into so agreement srlth the EPA which led to a 175.000 study of tho Westoo situation. Field studies to determine tbe amount of pipe de terioration and fiber content In tho develop, um tort o( eucenoe w.rer were done Uil ML A report A tumor, we feel we he duly to ,, tbe project I, enectod la tho do Mmethla, (boat It Ttuf, tho three month,. m r V. attltode of the Town Board, At the direction of Writer and I eStlllK IOr aSDCStOS Weber said. Crofti tbe town recently dug two In March the board hired Dr. test wells to determine U asbestos' William Croft, an oncologist at the Is occurring naturally la tbs K University of Wlscoosin-Madisoa, groundwater. to provide technical assistance to The town must prove It has no. Weber as he develops the town's asbestos from natural sources In D "Exposure to a carcinogen U ex posure. Whether you drink In the fibers or inhale them, you stiU are going to be exposing that person Co order to show thst the fiber Is coming from the pipe, Croft ex plained. Also, Croft b taking samples. it," Croft said. See WESTON. Page I. Celema 1. CAPCO JEN 0002241 Weston asebestos case unique .(From Page 1) from the watermains to obtain pre cise fiber counts. Preparation of the case is ex pected to be completed by fall, Weber said. If the suit is filed, it will be a multi-million-dollar claim. To replace the 23 miles of as bestos-cement pipe in the town would cost 510 million according to one estimate, Schneider said. ``It's physically impossible to get J10 million. Even if it was avail able, I don't think we'd have enough bonding power," Schneider said. To obtain those funds, the town is considering a product liability suit against Johns-Manville Sales Corp., Denver, Col., and Flintkote Co., New Rochelle Park, N.J. (In Tuesday's article, the two as bestos-cement manufacturers in volved react to the possible suit. The third article will examine two ' asbestos studies which appear to contradict each other.) 3> I CAPCO JEN 0002242 a3 "iu3 -k5 '=S.2Ii. 5 g*S 5 *g g-i,,9*,~o no*"%,_52T.* f* S ~m2.> 0;1r sr Oo* OA S%* 5* rH?** 4O-m0r* 42.*Do HtrS P--< w o & _ -a r> f?5? o o " 2. ?i *mj _ g o ojr'Hsr.*sr 53 rt h *j*i _ OQ to 2 3 "B 3 ll3-" 5 b> e. O' 3 3 ;V .Vi^A .ot3oo'O.wp2.PGn"cfw*SjlJ-cot3ttgS`?i 5-eo2Ms o"--^MoH5 ,c9o4*qo2o.rGcVM5i 5ogcc'^I2*-^ri*522n***0 *9 3 n > s^ .3o ">*->f*a: Sis2-s-sQl aj 3 .o 233 vi Ccq nC S3 <3 * ce 03 t-i 0 O Ik I >I qgszaesf-IgS Oo--,*<(wiDfl oA, wic P^s ^o- Mco><,,a* 1 -* rS^S-o 5Wgoo'o*2 ^"*-55C--*-J*J--3--2o 'S2-cSsecSc 3 3 >.2 g ^ U 3OaSO3O ?(k. a, 5v S' ^ a*gn'35m .Si55^ 8^3- baoo c JSc8Hb HOa gs2*i*8 *3 *f .S 3 O > Q. 5#S"5a.-3 iJS S3 totf) ^5 p -* a o S3 a.2b-gM*.rtS. wo *3 Wo* sjjjj>*a> c"- pycClH^a-Sg's3aT > ss-ss^ aZbstl s a.2s|5|?5 go's ^ a iftoc ^ _25SE-Pi:_SEi to 8 S s i*5 al 2 2 s 3 3sl< ef S"-a es-s g <s+H & 1*1* s9 o-S to eg ss.s. II2 S'3- Stilus C$ Q Z M o 2 3 1&2 >> 53 to-* M . % 20:c3o 8?.5Coa_*5- E ** *3 ofi2--tEgg5--2 5-2 2p2 >%*** ns Co -- to Mto co x> tSo >S a I <M Ph 00 O s*- 'S ai ** Is 3V ES --* pa. -Ss 2 "3 i 3a s.--c 2 o -SijS. 8go. s sa g Ba s?|. M ww j33 c 3 i JIIO25sPo ^o--.s!a>n?-?pJa5O|c-|9--aC3=us*4 -iG-O w : oP ehkto .5^; go *cg u--s*l3e o..ajg.2siji^S4;s<U8 TU3 CAPCO JEN 0002243 :jj* ill i*"3lf5 fa*igi 8 ga--..WAa So> 52 O 5* rt 3 8 O Qw eo 41 oCo c: g.o2 ft s I g 8 3 3 3 * - g 3 g S g bC3oMo Ot b 3 mgu-M co 3-0 S 33*9m c hC ^* -C . Q. >* O S 5 "1 bo-9 SPona a^-fisSttt iSSf S.S3 s"a S 41 . g jEoI-fl 3 *2 > >o4*so*5) 0tgoe4o)T. J:H4>Gi OoOOc-. Sg5&3-SaS8.- Mb* , jJOa<J lftfHS -go a - 2 iio 8 3>u .8il.gff.aJ3f ^ M 4 Q<q 32s.Ea?1"^33o>3o6 JUI Jll SSS^oo S&sl2s| Sa 5US"Bg<oug&p..p.jwroa --a o 3 8*9.15* .*<u JoZ ^ur.j g >.-33 a; 8,-81-- fe^SS-g =8gg"S<Sc-gl 25 73 oH? T2 ^J3 .*2j* 4^> *q3 V) q C 3 /1 * o *uj: 28*** oft. -^O=3 fwlsS'S.otga'xgfaS S-^ S*"`5 g 8 2*3*2*$ -SSSaoJ" S"ug31^S o a tJ a i?i o-g-s sEg-"S 3 c "s 5 sS S?2>S>_5- 0o |8^.*SoS*o>a .o8as,*H-5f2e5n s55e.c| ~ 0.*.!3^ S ~ Jj/S Ja S u^C <3 CAPCO JEN 0002244 w. m a o m V CAPCO JEN 0002245 In Weston j Meet should be open \ The Weston Town Board last week scheduled a dosed meeting to dis cuss with William Croft, a Univer sity of Wisconsin-Madison oncolo gist, and Richard Weber, town attor ney, the cost of their services re lated to a possible lawsuit against `the manufacturers of asbestos-ce ment pipe used in Weston. At the last minute that meeting was cancded and then postponed to Thursday, Nov. 12. We believe the Town Board was wrong in closing the scheduled meet ing. Thursday night's meeting should be open. The public has a right to know how its money is being spent. In Weston this is particularly critical because the town's water utility is considering placing a special charge on the tax bill of water customers in 1982 to pay for this research, among' other items. In 1982 the water utility faces a $204,447 deficit, according to figures released last week by Agnes Krause, town clerk. Paying that deficit would require a special charge of more than $100 to each of the 1,970 water utility customers. That would be in addition to the 54 percent Increase in Weston water rates which went into effect last summer. According to lastest estimates, the town has been billed $101,630 for the services of Croft and Weber. For that money, the town has seen ` few results to date. Also, town offi cials have received little indication of how long this research will con- linue, when a lawsuit will be filed ' and what additional costs are likely to be incurred. : The purpose of the meeting is to obtain answers to those questions from Croft and Weber. We Clink the j public should be allowed to hear the answers. We can appreciate that some of what may be discussed would be in- ' formation that the town would use in its case against the manufacturers of the asbestos-cement pipe. But we think the town could sepa rate the legal issues from the cost issues. Those items of legal strat egy, which if made public could give the manufacturers of asbestos-ce ment pipe an unfair advantage in court, could be discussed in closed session. Those items dealing with the cost of the research, which the public has a right to know, could be discussed in open session. ' The stale open meeting law, while making provision for municipal offi cials to discuss legal strategy with their attorneys In closed session, makes no provision for closed door meetings to discuss spending public funds for consulting services related to possible litigation. i CAPCO JEN 0002246 W eston plans town meeting on asbestos DON OAKLAND - Asbestos Is a known cancer caus- Herald Staff ing agent. However, whether the A special Weston town meeting is . planned for the first week of Decem ber to discuss the town's asbestoscement pipe problem and a possible lawsuit against manufacturers of that pipe. The time and. date of the meeting will be set when town officials can obtain a facility large enough to presence of asbestos fiber in drink ing water is a health hazard has not been conclusively answered. . In June 1980 the town entered into a contract with the U.S. Environ mental Protection Agency to study the .problem. The EPA provided 875,000 for that study. At a meeting Monday night the accommodate the large turnout ex utility board approved a contract pected, the officials said Monday with Becher-Hoppe Engineers, Inc., night. Schofield, to complete a report of The Weston Water Utility is also that study for a sum not to exceed considering whether to hold a refer * 810,850. endum among customers of the util Initially, the report was to have ity on whether to continue spending been made by-Richard Schneider, money on asbestos related projects.' the former director of public works, "In December we'll either aban who resigned in May of this year. No don it or proceed," said Jack Allen, one has been hired to replace him as town chairman. director. From conversations with town re sidents, Allen said he suspects many will want the town to begin remov ing the pipe. "When we have this meeting, they are going to tell us to start getting that stuff out of the ground," Allen predicted. He said town officials hope to In March of 1981 the board hired a University of Wisconsin-Madison on cologist, William Croft, to conduct research related to a possible law suit against manufacturers of that pipe. The legal research would be conducted by Town Attorney Rich ard Weber, the board decided. have enough data to give answers on To date the utility has been billed whether the pipe is a health hazard, 8101,630 for services connected to whether the town should pursue a the lawsuit research. Weber's fees lawsuit and what future costs might have thus far amounted to $3,205, be incurred. and Croft has submitted bills for > In the spring of 1980 town crews 851,007. The remainder of the money discovered that portions of the is owed other firms for work coni asbestos-cement watermains were nected with the research. ; deteriorating. Town officials feared asbestos fibers were being released .There are no grants available to into the water supply. offset that cost, Allen said. I CAPCO JEN 000224.7 <~iatV32*-fS d|*=ar o<? g&s"B Ssg* 2-3 aSSS, ji2l s, 3 A 52^<T***3<o1 CZcsSs>Z "95 s?o a " e co * " 3s S $> 2 aSn h* 3 H. " Sisli s-P 3Sa'nf5.fL3 =-||aa g/g<3 a3ire-o a t_ gfs II s&l5 lit I1 * B"-Sw ft o o ^ tr ' W &> .3 n go o ~o - IT u< gJL 2o Q ta asx * 3 P P i gs* 1 Fa * > r' st*o a 9^3 ^ i.s a fa ?|i a :s3s|| n s = sifQ.S |s a*SL * tt) a n gw 2 3 = Sg.'5B *-, 3 < ?soT fg 3 oJ*.* wo P_pET S?V9? 8 S. e. a o. : 4 mCD 2? O B or-H $*1> JS?."p H 1 1 1 c/3 eg c; H.*a a >. 8U^s CWt - *3a2. 9oET 3p5- oog.. us S, c 2. n (ft A s|g.S'" ga A (A ET *. * 'H.-a ogis o-3 p o a * co o 5 ^ Oo a -s-H^---/tg^aSLg5eAH2*r*5g6| o Mr& a?S ET ` '"I c"n *a lit 8a<M9 rO+ 3:l"O ^ 33 'a . ^ (i a I fl'S.gr J --a B ra 5-*2.*< ,, ^. rr 5* w -a ~ ,,2-C A ISfg u X 2.0 3 a g a. J&P n .CL cP *O* fc a Vi a Pf<S *< f5. ^3 r(Aaw 5 > JaB o 1 <>.ff 5^ gSw..S<t . -<fiaxi5S p-o. E2c. "3H.or!q- cP. aC. o sf-ff1 73ji '<< ET ooO,, = 2fP P o A f5 I |N i If III 8.r% o IpU> aS)* ?.s s s ?^S. -c. o S5S. cs "5123 sr o--. P ft /P 19 na>?G_S; ffict r^8A.,'H.8Ci >3 p a (a a> E. a. h{ CD CD N 9 H- mCD r4" 2.0 5- 5^52< 8 M- So s^B &aMt ona ci o c: SS So < "o- ffb? "3 ^a 8' 2 TC S<s E" ^ S oCA a raB 1- ^g S' s-?r a o c fi> - Sra 2i.:^ 3 s- a^ * rr a tw a *0 ra":oj-- 2! cri? ^ S M >-r sis **35<o*:: ^1o*5aoOa cmwjOcr-d"**o^13 `"pjn 5rara"- c2.. S' 3 ra :1 3_eraaHto .<--^i B' a-- 2 -a <Sa~: :iLm*S?*1 ."a| atr _S OA I-S--3 c o2 -8 -i :st c > _i 'wQt'r.-oBPJ<_JoJ h u* rr C Q _%*w A o& BO .s.8 5TC a .fas !11L aBi 'ooUo(A rgaS-gra.2^.BS&- A I A CAPCO JEN 0002248 Cost of Weston asbestos fight keeps escalating By DON OAKLAND an indication of when his research will be done and Herald Staff what future expenses will be. Bills totalling $35,585 from a consultant working Town officials have received few results from on asbestos-cement pipe research has Weston offi Croft's research thus far, Allen said, although cials upset. Croft Has assured the Town Board that results of That bill and continued expenses related to a his tests will be forthcoming. possible lawsuit against manufacturers of the "We want to see them (test results) in black and asbestos-cement watermains have caused mem white and let us draw our own conclusions," Allen bers of the Weston Water Utility Board to once said. again consider placing a special charge on the 1982 It is important that those results be obtained tax bills of water customers. prior to the special town meeting, said Supervisor According to a budget presented by Agnes John Neitzke. Krause, town clerk, the utility will face a $168,862 "You know how silly we'd look if we and Dr. deficit in 1982 unless rates are increased. Croft couldn't give the people any facts,"Neitzke Added to that would be the consultant's latest said. bill, which would place the total deficit at $204,447. In response to that situation, the board made The utility board is also looking at a $10,850 ex two moves Monday night. penditure proposed by Becher-Hoppe Engineers, I They asked Jack Allen, town chairman, to Inc., Schofield, to finish the final report of the U.S. arrange a special meeting Thursday night with the Environmental Protection Agency asbestos-cement consultant, William Croft, an oncologist with the study. ' University of Wisconsin-Madison. For that expense the town will not receive out 1 They also decided to hold a special town meeting side aid. - in the near future to give Weston residents an up At the Town Board meeting, which immediately date on the asbestos-cement pipe problem and the followed the utility board meeting, the board took financial plight of the utility. the following actions: ! The board indicated it would not act on any spe- Turned down a request from Rothschild to ; cial water charge until after that special town participate in the construction of a storm sewer meeting. along Volkman Street to afford drainage to Tim- Costs of the research for the possible lawsuit berlane Addition, which is in Rothschild. have risen steadily. Prior to the $35,585 bill sub Agreed to pay for the legal work to exchange mitted Monday, the utility had spent $66,045 for deeds with James Schroeder, 4004 E. Everest services of Croft and Richard Weber, town attor Ave., Schofield, for a portion of the land he owns ney, according to a report issued by Krause in Oct on JaMar Street which was inadvertantly located ober. oh the street right of way. Of that $66,045, the bill from Croft came to Ratified a mutual police protection agreement- $49,495, according to Krause, and the balance was with Schofield and Rothschild which will allow due Weber and also included soms laboratory fees. officers to make arrests in any of .the three com "It's a never ending, expensive deal," Allen said munities. The agreement, which had been previ of the lawsuit research. ously ratified by Schofield and Rothschild, is now He said he has been unable to obtain from Croft in effect. 'PN 000224-9 STATE OF UISCONSIll/DEPARTilEilT OF NATURAL RESOURCES North Central District Headquarters Box 818 Rhinelander. -Wisconsin 54501 ATTACHMENT 2 CONTACT Tom Bashaw District Hater Quality Supervisor (715)362-7616 Bill Dobbins, Environmental Engineer/Watcr Supply (715)362-7616 FOR IMMEDIATE RELEASE j>ccenber _I1_,_ 1981 Asbestos Fibers Occur Naturally_ at Times in Water Supplies RHINELANDER, WI -- Recent water quality testing by the Di!R of public water supply wells statewide has' shown low level amounts of asbestos fibers in 10 of 17 welTs sampled. Bill'.Dobbins, Water Supply Engineer, said. . "these naturally occurring asbestos fibers in drinking water have also been found in several western s'tates and Canada," Dobbins said. "Because of this initial finding of asbestos in some Wisconsin groundwater, the DNR is expanding its study to find out the distribution of the .fibers in the groundwaters of the state." Several public water-supply wells in the Marathon County area .are scheduled for asbestos sampling during the next few weeks. Dr. Henry Anderson of the Bureau of Community Health and Prevention of the Wisconsin Department of Health and Social Services has stated tha.t there is very little evidence of a correlation between asbestos fibers ingested through water and any carcinogenic effect. "It's tough to get any asbestos fiber dose and response effect evidence of harm because the effect from individual to individual is different " Dr. Anderson said. "Obviously the lower the dosage of fibers in water, the less likely there will be a result so it's prudent to keep levels as low as possible." Asbestos fibers were discovered in municipal drinking, water supplies in the Town of Weston. It was believed to have been from corrosive water leaching out the calcium in asbestos cement water supply piping. I (Over) a Drn .ifn OOO22S0 v. ` ' "The Di!R has reports of residents putting in private wells to avoid drinking water from municipal supplies containing asbestos fibers " Dobbins said. "This may not lead to asbestos free water since naturally occurring asbestos in groundwater might be fairly common." Connections to both a municipal water.supply and a private well is a violation of the state plumbing code. This also presents a health hazard to the community if inside..water from an unprotected private well was to enter the public supply system, Dobbins noted. This is commonly referred to as a "cross-connection". .A number of research projects to gather information on the health aspects of asbestos fibers and of the protection and rehabilitation of asbestos cement water delivery- pipes are. being conducted across the country. The Town of Ueston asbestos pipe study is expected to be completed by the Spring 1932. The,,y.S. EPA has taken no steps to initiate a drinking water standard for . asbestos fiber. iniptimi i I CAPCO JEN 0002251 Wausaua Daily Herald, December 16, 1981 ATTACHMENT 3 o eston meet By DON OAKLAND Herald Staff How serious is the asbestos problem in the town of Weston? Does the town have a case to sue man ufacturers of the asbestos-cement, pipe for the cost of replacing the pipe? What will it cost to replace the pipe? These questions will be addressed at a public meeting to be held at 7 p.m. to night in the auditorium of the D.C. Ever est High School. At the conclusion of the meeting, a straw vote will be taken on what course of action town officials'should pursue, according to Jack Allen, town chairman. . The meeting will begin with an over view of the situation by Allen. The problem with asbestos-cement pipe was discovered in the spring of 1380 by town crews who noticed portions of the watermains were deteriorating. Town officials feared asbestos fibers were being released into the water. Asbestos is a known cancer-causing agent. Whether the presence of asbestos fiber in drinking water is a health hazard has not been conclusively answered. In March 1981, the Town Board hired William Croft, a University of Wisconsin- Madison cancer researcher, to conduct a study of'the watermains in connection with a possible lawsuit against the manu facturers. Croft will be at the meeting to discuss his findings. Richard Weber, town attorney, will discuss the legal, implications of. the study and the potential fora lawsuit. The cost of hiring Croft and Weber will also be discussed. To date the town has been billed $101,630 by them and others involved in the study. Town officials say there are no federal or state grants available to offset the research cost. Archie Becher Jr., president of Becher-Hoppe Engineers, Inc. Schofield, will present a report on the cost of re placing the pipe. . He estimates the cost of installing new mains and removing the old mains at $6.4 million.. In attendance at the meeting will be a representative from the A/C Pipe Pro ducers Association, Arlington, Va. In a related matter, the state Depart ment of Natural Resources said Friday that asbestos fibers' have been found in 10 of 17 public wells sampled statewide.. Fiber has been found in some samples of groundwater in Marathon County, ac cording to Tom Bashaw, water quality supervisor for the Rhinelander DNR of fice. - "Because of this initial finding of as bestos in some Wisconsin groundwater, the DNR is expanding its study to find out the distribution of the fibers in the groundwaters of 'the state," said Bill Dobbins, environmental engineer-water supply at the Rhinelander DNR office. "The DNR has reports of residents putting in private wells to avoid drinking water from municipal supplies contain ing asbestos fibers. This may not lead to asbestos free water since naturally occurring asbestos in groundwater might be fairly common," Dobbins said. Producers' spokesman defends pipe By DON OAKLAND Herald Staff "There is no cause and effect relation ship between the ingestion of asbestos (in drinking water) and disease," said John Welch, director of public affairs for the A/C Pipe Producers Association, Ar lington, Va. Welch was in Wausau today to attend the public meeting on the Weston as bestos problem to be held tonight. He said he was attending the meeting as an observer and to give the industry's view point if asked. The A/C Pipe Producers Association is a trade group representing the three pro ducers of asbestos cement pipe in the United States, pipe manufacturers in Canada and 16 pipe companies world wide. If the `Weston case goes to court, it would be the' first case in the United States to address the question of poten tial health hazards associated with as bestos-cement pipe, Welch said. "To the best of my knowledge, this is the second time this concern has pro ceeded to the point of litigation," he said. The other case occurred in Crivitz, Wis., where the question of health was not addressed because the judge dis-' missed the suit by ruling no significant amount of asbestos fiber existed in the Crivitz system, Welch explained. The position of the industry that as bestos-cement pipe poses no health risk has grown stronger in light of recent studies, Welch said. "We feel even stronger about the prod-uct then we did a year ago," he said. A study of the Puget Sound area of Washington, where high levels of abestos fiber occur naturally in the groundwater, found no incidence of disease which could be attributed to the asbestos, Welch said. That study is soon to be published in the American Journal of Epidemiology, Welch said. The National Institute of Environmen tal Health Sciences sponsored a study in which hamsters were fed asbestos fibers, he said. A status report on that project re ported on Jan. 22, 1981: "There was no indication cf major differences in. the mortality rate between the hamsters re ceiving the asbestos or the control diet." Preliminary findings Df a study in the area around Pensacola, Fla., where large amounts of fiber have been found in the water system, have found no rela tionship between the presence of fiber and disease, Welch said. The U.S. Environmental Protection Agency is winding down all its studies of asbestos cement pipe, Welch said. It is unlikely that the EPA will issue any standards for the amount, of fiber considered safe in drinking water, he . said. Other then saying it would be a prece- denting case, Welch had little comment about the Weston situation because he said he has limited information about it. "I have yet to see any technical data," he said. -- CAPCO JEN 0002252 Question: Answer: Question: Answer: Comment: Reponse: Question: -Answer: Question: Answer: Question: Attachment 4 Questions from the Audience What about people on fixed incomes? (Allen) We are talking about a serious health problem and it must be corrected. Weber appears to be doubtful about the success of litigation yet Dr. Croft is so conclusive about the hazards of ingested asbestos. Why the disparity in judgments? (Weber) Lawyers are conservative by nature. We must prove the case and every single element of it. It will be a ''frontier case" for which there are no precedents. There are risks involved. It will be no instant success. My telephone conversations with J-M representatives (Hal Olson) indicate that industry's position is that there is no risk whether it's 10 million or 100 million fibers per liter. However, other experts differ. Eleven studies have been conducted, nine of which show no hazard two of which do. We will be looking toward recovery on an airborne theory. Much of what Dr. Croft says will have great weight on whether we proceed with litigation. Why do we have to wait twenty years for disease to occur in our children? It would appear that ample studies have been done on this "inferior pipe" to show that it is hazardous. The pipe should be removed. None. (Lawyer) I don't want myself or my children to be a guinea pig for disease. We drink water continuously and are exposed to the air continuously. We would be greedy or foolish to ignore what has to be done in this matter and that is to remove the pipe. Resounding applause from the audience. If someone gets cancer, could the Town be named a co-defendant in a law suit? (Weber) Yes. This is why the Town is conducting its investigations. At this juncture Weber adraitly attempted to separate the question of pipe replacement and the question as to whether the Town should proceed with litigation. He said that he would like to see the issues addressed in a phase-like manner. (Dr. David Jenkins, Internist and Oncologist): I have been reviewing articles provided by Croft and Weber. There are two questions in my mind and they are what has to be done and how it is to be paid for. There is no question in my mind that something has to be done but I feel the industry has a "tremendous armor and defense" in the Quebec (Wigle) and Connecticut (Meigs) studies. Nonetheless, I do not want my children to be exposed to a substance'which causes mesothelioma, an incurable CAPCO JEN 0002253 Question: Answer: Question: Answer: Question: Answer: Question: Answer: Question: Answer: Question: Answer: Question: Answer: Question: Answer: Question: . Answer: Comment: disease. Will distilling water reduce the fiber content? (Croft) No. Dr. Croft, what is the most significant danger? Airborne exposures I have seen. Dr. Croft, would you drink the water? "I would not drink the water." Will the Town provide another source of water? (Allen) Water will be provided at the Town Hall, which is on a separate well, at no cost. Are there less expensive methods of handling this problem? (Allen) The results of the EPA rehabilitation studies will be forthcoming from Becher-Hoppe. I am opposed to zinc coating the pipe "due to the freeze thaw characteristics of our pipe." Will home air purifiers remove asbestos? (Croft) The electrostatic type may do so but the fiberglass filter type probably will not. Croft then tried to explain, at Allen's request, what a micron was, but he could not. He stated that 1,000 microns equal 1 centimeter. How effective would home filtration equipment be? (Croft) The only filtration equipment I would recommend would be those devices which cost $1,500 - $2,000. Allen also answered that he had received 8 to 10 calls from filter manufacturers all of whom said their equipment could not remove asbestos fibers. What is the life expectancy of A/C pipe? Why is it not more than 10 years? (Allen) The pipe has been in since 1968 although the manufacturer only warranties it for six months. This evoked a large groan from the audience. Will humidifiers put asbestos into the air? (Croft) Probably. (Woman) There ere two major investments here in Weston, our children and our homes. In my judgment we must consider removing this pipe as soon as possible to safeguard both. t CAPCO JEN 0002254 Response: Question: Answer: Question: Answer: Question: Answer: Question: Answer: Question: Answer: Question: Answer: Question: Answer: Question: Answer: Applause from audience. Was there any data on the safety of A/C pipe when it was purchased in 1968? (Weber) Metal pipe was originally specified for the project but the A/C pipe manufacturers pressured the Town Board to include asbestos cement. There was considerable debate about it at that time. The price difference was only $30,000. Last October, A/C pipe producers were still advertising in the AWWA Journal that it was a good pipe for aggressive waters though DNR says it shouldn't be used in aggressive waters. How many other municipalities have A/C pipe? (Weber) The industry estimates 225,000 miles are in the ground, but not all of it is in aggressive water. There are probably similar problems in surrounding areas. Why not just leave the pipe in the ground and save the money of removal? (Allen) DNR probably won't allow us to leave it in the ground. It will deteriorate and contaminate our ground water. Someone shouted from the audience to send it back to the manufacturer. This pipe appears to be disintegrating very quickly, what is the chance of total disintegration and collapse? (Allen) Dr. Croft will run a computer analysis to determine its failure date. This is why the "flexibility test" has been done. Croft added that pipe tested to date still meets specifications. (No data presented). What are the legal ramifications of hooking up to our own well? (Weber) There are mandatory hook up provisions but these will not be enforced. What would be the cost of litigating? (Weber) Actually a nebulous non-answer. "We are damned if we do damned if we don't." t I am concerned about the asbestos build up in my home. How can it be eliminated? ^ (Croft) Don't know of any data on this, but if you vacuum well <?nd leave the windows open in the summertime it wiR probably go away. Don't we have to have a referendum for approving costs for the pipe removal? (Allen) I want to get a general consensus right now. CAPCO JEN 0002255 Question: Answer: Question: Answer: What then, is the consensus of the Town Board in this matter? (Allen) The matter has not been taken to a formal vote but my opinion is that the pipe must be taken out. (Jim Beyer) It appears to me that we cannot give you a reasonable vote at this time. (Grumblings from the audience). Shouldn't the Board consider all the options, including rehabilitation, before we make a decision? None. 1 CAPCO JEN 0002256 CAPCO JEN 0002257 V4. tV/XU (From Pag* 1} EL, Schofield, a Weston resident and specialist in Internal medicine to haled. There are more than IS,000 Wausau, offered a similar waning. lawsuits to toe Untied Staten related "There la a significant amount of ar to injuries suffered by persons tohtl- gument against what we are aay- lax fibers, Croft sill . **" However, there are no cases to- "I would be guilty of malpractice votvi&| the drinking of weter coo- U I stated we have a gold plated totalnf fibers. case," Weberaaid. "Out's would be a frontier case,** Such epic could take a year to said Richard Weber, lownailontey. ] try and two to three years H Croft centcods whether you Inhale ppealad.basald. or drink the fibers, they still eater A' spokesman for the A/C Pipe the body, circulate through It and Producers Association, Arlington. create a potential lor cancer, partic Va., who attending toe meeting, this ularly a tumocoua cancer of too lung morning expressed skepticism of or abdominal cavity called ns Croft's claims. eotbeUoraa. "The claims that Dr. Croft Is Ke baa done research In Wisconsin making I'm highly skeptical of, es over the past' two years in which pecially those concerning asbestos to dairy cattle at slaughtering bouses the alr,H aaid John Welch, public af were checked for cancer. Cattle fairs director of toe association. found with mesothelioma were Welch found it difficult to believe traced beck to farms. The water that airborne asbestos la Weston those some of cattle drank while on homes la higher than to factories the farm cootaloed asbestos fibers, where asbestos products are manu Croft said. factured or handled, as Croft's fi Ctoft has found In Westoe. fiber In gures would indicate. the drinking water ranging from a A relationship between asbestoe to half-million to 41 mllUoo fibers per drinking water aod airborne as liter ofwater. bestos fiber "has never been cor , 'There have been a significant roborated by any other sekolist to number of samples with about 10 jhe world." Welch sold. million fibers per liter," be said. No technical data was presented Asked if be would drink Weston at the meeting which showed actual water. Croft responded: "1 would deterioration of the pipe or that the not drink the water.** pipe no longer meets specifications, Croft has also found fibers to air Welch said. of homes booked to toe water sys "1 was dismayed somewhat that tem. Ur. Alton did not provide an oppor "Homes that were connected to tunity for the industry to present its the water utility had fibers In toe position on the safety of its pr^ sir," be said. Homes with private duct," Welch said. wells had oo fiber. The cost of replacing too pipe may The asbestos In the air Is a greater health baxard than asbestos In the drinking water, Croft said. One to five fibers were found per cubic centimeter of air in homes. The Occupational Safety and Health be leu costly than U a utility cus tomer rued the town for providing unsafe water, aaid Dr. Michael Alt, 2311 Summit! Ave., Scbofield, to Weston. . tonWeber conceded that if town Administration has ruled two fibers did nothing, It would be vulnerable per cubic centimeter of air unac to such* suit ceptable,Croft said. Town residents can do little to Because of women and children, some recommend levels no greater than two-tenths fiber per cubic cen timeter of air In homes, be said. "We think we can show a causal relationship between fibers in too pipes going into the drinking water and subsequently into the air,'* Weber said. protect themselves from the as bestos other than not using the water, Croft said. The town does provide water that hat not cir culated through the mains at the municipal center, Alien said. Filtering the water is not practi cal because toe fibers are so small, Croft said. Air purification systems, particu More data oeeda to be collected larly electro-*Lauc systems, could before a decision can be made reduce the amount of fibers to the whether to sue the manufacturers of air to a home, Croft said. tbeplpe for damages, Weber said. Croft's research has found oo as He warned U would not be an easy bestos la the groundwater, soil or case and there are no assurances the -bedrock underneath the town. towo would win. Dr. David Jenkins. 2006 Hemlock Worried About ATTACHMENT 6 RECEIVEDJAN-* m Terwilliger, Wakeen, Piehler,Conway & Klingberg,S.C. HERBERT TERWILLIGER EMIL A.WAKCCN WALTER M.PIEHLCR NCH M. CONWAY OOUGLAS J. KLtNGBERO RODNCT LEE YOUNG W.THOMAS TERWILLIGER C. JOHN BUZ2A H.R.KLUETER MARK S.HCNKCL WALTER CENC CCW STCVCN R.SCHILKC D.O.GRAFF DAVID A. PIEHLCR RHCA A LUC MYCRS OCAN J. KCYCS Attorneys at Law *OI-*TH STREET P. O. BOX 1063 Wausau,Wisconsin 54401 (7IS) GAS-2121 December 28, 1981 STCVCNS POINT OFFICE 1308 MAIN STREET P.O.BOX 6 STEVENS POINT, WISCONSIN S4A8I (7IS) 34I-78SS Liberty Mutual Insurance Co. 421 South Military Avenue P. O. Box 3039 Green Bay, WI 54303 Attention: Mr. Rod Hughes Claims Manager Mr. John F. Welch Director of Public Affairs A/C Pipe Producers Assoc. 1600 Wilson Blvd. - Suite 1308 Arlington, VA 22209 ' RE: Town of Weston - The Flintkote Co. Gentlemen: Enclosed to each of you, you will find photocopies of articles appearing in the Daily Herald of 12/16/81 and 12/17/81 respectively. I am also enclosing to John a photocopy of an article received from Rod relating to Fairleigh Dickinson University studies on the effect of asbestos fibers in water. You may be aware of that study, John, but if not, I am certain you would want to follow up. I just heard via the grapevine that Attorney Dick Weber, repre senting the Town of Weston, has been in touch with Philadelphia counsel with respect to instituting a lawsuit. Although Attorney Weber was very circumspect in his statements relating to the probability of success, the Town Chairman asserted on two occasions that he felt the probability of success was excellent and fully expected to make a recovery. Given that attitude, I think a lawsuit is all but certain. With respect to a theory of recovery on that lawsuit, there seems to be a rather distinct shift in the Croft approach. Initially, all literature appearing in the newspaper had to do CAPCO JEN 0002259 Page Two December 28, 1981 with the uncertainty of the effective asbestos fibers in water. All discussion was related to the health hazard incident to drinking. During his presentation at the meeting, he made it clear that he had undertaken significant studies relating to the amount of asbestos fiber getting into the air. Clearly, what he is attempting to do is to develope an alternative theory premised on the known health hazard incident to the inhalation of asbestos fibers as opposed to ingestion. The scientific footings for his findings of released asbestos, fibers in the air would appear to be rather circumspect. I want to remind you, John, that you have agreed to furnish me with a resume of your views and observations from the meeting, together with a copy of the Crivitz Court opinion, both of which I think will make interesting reading for myself and Rod. I think we- can continue to profitably share what information we develope and see no evident current conflicts of interest or such conflicts prospectively. Ned Rahn called recently asking that I furnish information to him relating to the statutory procedures necessary for the Town of Weston to follow to make an implemented decision to re move the pipe and install new piping. I personally do not have the time to conduct that research, but will have a younger member of our office take a look at that issue and furnish the information shortly after the first of the year. Sincerely yours, DJK/cs Enc. Douglas a. Klihgberg CAPCO JEN 0002260 * " w #w ^ Asbestos In W ater safe, Say FDU Tests By ED SPERLING StafnVriler MENDHAM -- Recent tests at airlelgh Dickinson University, "lorham Park, show smalt 65- estos fibers, such as those found n the borough's drinking water >y Rutgers University research* rrs. do not cause cancer. . In the experiments, hundreds jf white laboratory rats were fed about 13 billion fibers of asbestos per liter-- about 3,200 times the concentration of asbestos detect ed in Mendham's water. The ani mals died of old age, not cancer. The same experiment was re peated with laboratory hamsters, which show an equal sensitivity to cancer. The results were simi lar. Dr. William E. Smith, who led a team of scientists in the coun try's first experiments of this type, said the results are proba bly more definitive than if people were used. "Human beings are exposed to a variety of things." Smith said. "Laboratory animats can be ex posed to certain well-defined sub stances." There were some cases of can cer in the laboratory animals. But those animals not drinking water laced with asbestos fibers showed equivalent cancer rates, indicating the asbestos was not carcinogenic. Smith said. The purpose of the tests was to determine if asbestos fibers In drinking water are dangerous and whether large amounts of money should be spent to develop filtering systems. "If you look for asbestos in drinking water, you will find It more often than not." Smith said. "Asbestos is part of the earth's crust. When they grind rocks for roads ft often releases asbestos fibers." * * The university's studies con firm tests now under way by the federal Environmental Protec tion Agency In Cincinnati, Ohio. Both sets of tests showed no dif^ ference in animals drinking wa-' ter containing asbestos and those * drinking asbestos-free water. However, the Federal Register on Nov. 28,1980, said for "maxi mum protection'* from cancer, drinking water should be asbes tos-free. HJ-D12 DAILY RECORD MORRISTOWN HJ it(59,000 (8)67,000 "Which insurer is liable for asbestosis cases? The U. S. Supreme Court will soon de cide whether to wade into a controversy over which insurers should pay claims against asbestos manufacturers by viotims of the chronic lung disease asbestosis--payment* that are likely to add up _ V to billions of dollars. The outcome could set the pattern for determining liability in a growing category of cases involving long-term riska. The product-liability insurance carrier that covers a company when a victim is injured is generally the one responsible for s claim. The current problem is how to apply that rule to a condition that builds up cumulatively for many years-- in the case of asbestos workers, perhaps over more than two decades. Asbestosis victims are claiming that asbestos man ufacturers are responsible because they . did not warn of dangers in applying the product. But over the decades in which victims developed the disease, most as bestos makers bad more than one insur ance carrier, and the issue now is who should pay. Such companies as Aetna Life & Ca sualty Co. and Insurance Co. of North America (DU) vonrue that liability be longs to the company that has the policy when the illness first becomes manifest But otherB,.Ied by Hartford Accident & Indemnity Co. and Travelers Corp., be lieve that all the insurers covering the defendant company while the victim was exposed to asbestos fibers should share the cost of damage payments. Manufac turers generally support this "exposure theory" because it will give them more protection by spreading the responsibili ty among many companies. A couple of large awards to victims whose diseases become manifest in any given year--and - awards of more than $100,000 are not unusual in these cases--would exhaust the coverage under some policies. A lot t suit*. Asbestos Litigation Re porter, a newsletter covering the issue, estimates that 12,000 asbestosis cases are already in court and that the total is growing by at least 100 a week (BW-- Apr. 13). Aetna estimates there will be "50,000 to 100,000 asbestos-related dis ease cases within the next few years."' Furthermore, insurance company law yers agree that the approach finally adopted for asbestosis cases will dictate how the liability is split for illnesses caused by other compounds. ers Vice-President Floyd K---- ^ DCS--diethylstilbestrol--is s form of estrogen ones commonly grits x pregnant women to lessen the riU. <* miscarriage. It is a suspected eaoee at cervical and vaginal cancer in thoee women's daughters. Agent Orange, s de foliant used extenaivsly by the U. S. in Vietnam, allegedly caused injuries to U. S troops exposed to it. John P. Ar nes, a lawyer for Hartford, notes that the biggest impact will be from materi als not yet even suspect "There are things causing harm right now that scientists won't even find out about for a year or two." Choe. Last year two U. S. Courts of , Appeals accepted the "exposure theory" of parceling out liability in asbestosis cases, but other courts have since taken different approaches. The U. S. District Court in Boston opted for the argument that liability belongs to the company that has the policy when the illness becomes manifest. But on Oct. 1 the U. S. Court of Appeals in Washington bought neither approach and .instead found every insurer liable for the entire damage claim. "It is creating chaos." complains Aetna Vice-President John F. Shea Jr. "There is complete confusioo in everyone's mind over how we should handle these cases." Adding to the confuaioa is the fact that insurance is regulated by state law. The cases are in federal court only because the victims are residents of one state and' the companies they are suing have headquarters in others. In such cases, federal courts are supposed to : apply state law. I But on the issue of diseases that build up etowly, "there isn't any applicable state law as far as I can see," says [ Eugene Gressman, a University of , North Carolina law professor who is working for DU on the issue. At the same time, he says, "It's certainly not a . matter of federal law or policy." The specter of different rules in differ- . ent states frightens the insurance com panies more than anything. That, they argue, would lead to more litigation and more expense. The Supreme Court has specifically invited insurance companies that have not submitted briefs on the issue to get them to the justices before the court decides whether to take the cases. The betting in the industry is that i some sort of Supreme Court ruling will ' come down. And the hope is that even if it is based on the law of a specific state, it will carry enough prestige to make all * other jurisdictions fall in Use. 12A-20 BUSINESS WEEK WEEKLY 750,000 NOV 9 1981 CAPCO JEN 0002261