Document y59KEzwjzxwm19RDbJ2NOO56

A/C Pipe Producers Association Public Affairs Committee International Affairs Committee J. F. Welch, Director, Public Affairs Field Problem - Weston, Wisconsin SUBJECT. ACTION REQUIRED: Review for information t PLAINTIFF'S EXHIBIT CAP-684 Internal Correspondence DATApril 27, 1981 Enclosed is a news clipping from The Daily Herald describing the retention of an expert witness to assist the Town of Weston in its litigation against Johns-Manvilie. JFW/ajb Enclosure cc: A. Kahn, Esq. N. Rahn, Esq. N. Battle copies to: Public Affairs Committee H. Olson B. Cock IyAdams MV. Perrell J. Woods J. Baker T. Dougherty D. Stinson W. MeCallie International R. Dorner E. van dor Re: B. Giboin C. Walters R. Ilobhs A. Saoulis R. Jalun V. Pattabhi II. Hudson C. Barton S. Al-Tarkait E. Costa FP/1 Chrono < .' j S\ ' X' c'1 it CAP CO JEN 0010895 Johns-Manville Internal Correspondence To: Wyatt HcCall^ie 2-20 Date: April 2, 1981 From: H. Copies: J/'R. Cran, John Welch, A, Vogt Oakbrook f/c Subject: WESTON, 'WISCONSIN The attached report from .the Wausau "Daily Herald" reveals who the city attorney plans to have as an "expert" witness - - the one he was reluctant to reveal to me when I spoke to him last week. As this is now primarily a legal problem, and only J-M from the AACPP is involved, I presume the ball is primarily in your court. Please let me know what, if any action you would want me to take. HLO:bj a attachment CAP CO JEN 0010896 is considering lawsui , By DON OAKLAND ,,. - tf ^ 'I] It also hired, at 575-an-hour, n Unlver-// Up to a quarter Inch of deterioration Herald Staff [/ally of Wlsconsln-Madlson oncologist (the/ [ has 'iccn found on some sections of pipe, The town of Weslon may bring a prod I study of enneer) who specializes in] * Schneider said. uct liability suit against two manufactur I abestos research to act as a consultant ' How much fiber Is being released Into ers of wafcrmnlns ns a result of asbestos ' and expert witness for the town. the system, how much pipe deterioration problems In the town's water. William Croft, who has a doctorates in has occurred and possible solutions to Town officials say the pipes are deteri pathology"oncology, and environmental the problem are the subjects of an-U.S. orating and causing abestos fibers to be toxicology, will work with Weber and Environmental Protection, Agency present In the drinking water. Dick Schneider, Weston director of pub funded study which was conducted In the The suit, if brought to court, would lic works, to determine If West, a can town Oils winter. seek damages in the amount necessary make a case against the pipe manufac Results of study are expected to be to replace the pipes, Vilas Machmueller, tures. released In June. town chairman, said.The estimated cost The case will center on -an abestos Initial samples Indicated that a fiber of replacing the pipe is between $7 mil problem .discovered last year In the content of one to two million fibers per lion and |10 million. town. liter was present In the water, Schneider The Town Board Monday voted unani Town officials contend the Inside walls said. mously to authorize Richard Weber, of the pipes are deteriorating causing the Preliminary findings of the latest town attorney, to'proceed with prepara 'release of abestos fibers Into the drink study indicate fiber contents as high as tion for the suit. '. ing water. ' ; _ 149 fibers per liter under high pressure .1 . __ i over asBesios ^ VIV 1 flushing, he said. : Arc those amounts of fiber dangerous lo the public health? 1 Croft said there is no immediate'dan ger, but with a cancer causing substance like asbestos, any amount poses a risk. "To have zero risk you should have zero exposure," Croft said. A study In San Francisco last year found that an exposure of between one I and two million fibers per liter over a 35/ to <0 year period did pose a cancer risk,] he said.. ' Abestos has been found to cause .tumors in'the lining of the chest cavity -.and cancers in the stomach, intestines, , `pancreas and kidneys. .. ! There Is no evidence that abestos. causes blood related cancers like lue- kemla.hesaid. Town officials said n rumor was circu lating In Weslon that abestos can cause leukemia. Basically the town has three options, Schneider said. -- It can do nothing. -- It can rehabilitate the pipe at a cost estimated between 53 million and 54 mil lion, Schneider said. However, preliminary Indications from the EPA study are that rehabilitation will not be effective, Schneider said. EPA proposed lining the interior of the pipe with zinc. "Bight now I'm a bit leery of lining,'' Schneider said. The third option would be to replace the pipe with metal pipe at a cost or .knO(3 k between $7 million and $10 million. But, town officials asked, "Who will pay for it?''' One option Is to have the pipe manu facturers, Johns-Manville Sales Corp., Denver, Col., and Fllnlkote Corp. Irving; Texas, bear the cost in a product liability action. " It's a reasonable alternative to take as a funding source," Schnleder said. Weber could not say how long such an action would take or what the legal expenses would be. He said that If the town is nble to establish a' good legal foundation and good scientific evidence that the town has suffered damages, It Is possible the1 companies will settle before the case would go to court. CAP CO JEN 0010897