Debris Hauling Company Sued by California City for Discharging Dust into Neighborhood

Early this year, the City of Oakland filed a lawsuit against a construction debris hauling company that had been the focus of concern for the municipality and people living and working near the business. According City Attorney Barbara Parker, the company has been charged with intentionally blowing dust from construction debris into the neighborhood, allowing contaminated water to flow into the city’s storm water system and operating in violation of zoning laws. 
 
Dust and debris from demolition projects, construction sites and waste hauling operations have the potential to contain all types of hazardous materials. In a statement released by Parker’s office, she states, “West Oakland neighborhoods have suffered disproportionately from pollution in the air, soil and ground water, and that has taken a toll on the health of West Oaklanders. Children living near freeways in Oakland are hospitalized for asthma at 12 times the rate of children in Lafayette, and West Oakland residents suffer a 2.5 times greater lifetime risk of cancer compared to the Bay Area as a whole. This lawsuit is about environmental justice for West Oakland. Given the environmental threats in the neighborhood, it is unconscionable for anyone to deliberately add to this danger and potentially harm the health of children who live nearby.”  
 
“Exposure issues due to the presence of dusts contaminated with lead-based paints and asbestos-containing materials are a real threat and cases like this happen all too frequently across the entire country,” said Franco Seif, President at Clark Seif Clark (CSC). “Asbestos is a typical hazard in these situations because it was used in so many building applications. Materials ranging from insulation, roofing and siding to vinyl floor tiles, cement sheets and adhesives are just a few of the many common asbestos-containing materials. Under the Lead Renovation, Repair, and Painting Rule (RRP), contractors who renovate or partially demolish pre-1978 residential buildings must be lead-safe certified by the U.S. Environmental Protection Agency (EPA) and use lead-safe practices. Unfortunately, this rule does not apply to the total demolition of a structure.” 
 
Identifying outdoor and indoor air quality (IAQ) pollutants in residential, commercial and institutional settings are the environmental and industrial hygiene experts at Clark Seif Clark. CSC offers comprehensive environmental quality assessments, inspections, audits, testing and monitoring services. If areas of concern are found, their professionals can recommend ways to mitigate or eliminate the issue. These services are instrumental for keeping companies in regulatory compliance with environmental as well as health and safety regulations.
 
To learn more about this or other air quality, industrial hygiene, environmental, health and safety services, please visit www.csceng.com, email csc@csceng.com or call (800) 807-1118. 
 
About Clark Seif Clark
CSC was established in 1989 to help clients in both public and private sectors address indoor air quality, occupational, environmental, and health and safety (EH&S) issues.  CSC is a leading provider of these services with multiple offices along the western seaboard and southwest.  The company believes in science-based protocols and has a strong background in engineering, making them the preferred environmental consultants to industrial clients, healthcare facilities, architects, schools, builders, contractors, developers and real estate professionals.
 

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Paul Cochrane

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Cochrane & Associates, LLC

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