(February 26, 2004)

From the beginning and with the knowledge that serpentine rock may contain trace elements of asbestos Stevens took the proper actions. April 15, 2002 e-mail from Roger T. Cole, Vice President of Facilities and Support Services for Stevens Institute of Technology.

Fact: For the past three months, Stevens has known about the presence of asbestos in their serpentine rock but did not notify City, State or Federal authorities. On March 11 they began blasting and excavating this serpentine rock to make way for a 800-car parking garage. For the past month as blasting continued on a daily basis, sending clouds of dust high into the air, they have continued to keep the asbestos hazard a secret, failing to notify public officials as well as the public. On Friday, April 12, after the asbestos problem was brought to light by the Fund for a Better Waterfront, Stevens finally submitted some of the air monitoring reports to Nancy Tarantino of the Hoboken Board of Health. For four days in January of 2002, Stevens Institute sampled the air at this site to assess the presence of the asbestos, thus confirming their knowledge of the problem at that time.

From the beginning of the project we have had two monitoring stations checking the airborne asbestos levels twice per day. All readings have been well under the level of compliance. Quote from Cass Bruton-Ward, spokesperson for Stevens Institute of Technology, Jersey Journal, April 12, 2002.

Fact: Four of the air samples taken by consultants for Stevens Institute exceeded the EPA standard now being used to monitor asbestos at the World Trade Center site. This limit is 70 structures per square millimeter in the filters collecting the 1200 liter air samples. Two were on March 20, including the highest reading of 186.67. The two samples on April 8 indicated levels of 133.33 and 120. Of the numbers that were reported, every day except one showed concentrations of asbestos in the air. On April 9 and April 10 the sample analysis indicated 40 structures per square millimeter. On March 18 the sample measured 53.33. These are not insignificant amounts.

For the duration of the work . . . there was no health risk or danger to anyone. April 15, 2002 e-mail from Roger T. Cole.

Fact: Some experts say that when it comes to a know carcinogen, such as asbestos, there is no safe limit. The risk and standard has been the subject of much debate and study. The greatest risk is clearly for a long-term exposure to asbestos. But when Stevens Institute fails to inform the public of the potential hazard, no one has the opportunity to decide for themselves how much risk they are willing to take. Many may decide that it is best to avoid the area when dust is being sent into the air. People may choose to close their windows to avoid asbestos contamination in their homes. Some of the Stevens buildings close to this site may have in fact collected considerable dust as a result of this operation. This could mean that people working in these buildings could be subjected to long-term exposure if no precautions are taken to clean up the asbestos contamination. And what about the workers who have been operating heavy equipment and breathing this dust on a daily basis without any protection? Also, how is this material being disposed of? Could this also pose a potential risk?

Serpentine rock may contain trace elements of asbestos. April 15, 2002 e-mail from Roger T. Cole

Fact: All serpentine rock unquestionably contains asbestos. FBW took a sample of the dust surrounding the site to be analyzed by a geologist who confirmed the presence of asbestos. How much can only be determined by testing the rock using an x-ray refraction unit. If Stevens has tested the rock, they have not shared the results with the public. This same band of serpentine rock exists in Staten Island and contains about 2% asbestos, above what would be considered a trace amount.

According to Bruton-Ward, the optimal safety condition would be for Stevens to water the site daily to keep dust particles from becoming airborne. During the first couple of days of blasting, the school did that, but on March 15 the state ordered water restrictions because of drought conditions, she said. Because of the restrictions, Stevens had to stop hydrating the dirt and rocks. The Hoboken Reporter, April 14, 2002.

Fact: The State of New Jersey’s drought restrictions do not apply to hydrating a construction site in order to control dust.

The statement that the rock contains asbestos clearly implies that Lewit [President of the Fund for a Better Waterfront (FBW)] knew that there could be an issue but didn’t raise it until the Maxwell House conflict grew to the proportions that we have made a specific overture to the developers. April 15, 2002 e-mail from Roger T. Cole.

Fact: FBW Executive Director Ron Hine first learned about the asbestos problem on April 4, 2002. In order to understand the historical and geological significance of the outcropping of serpentine rock at Castle Point, he went to the Staten Island Institute for Arts and Science to obtain a book written by Steven C. Okulewicz, a geologist and leading expert on serpentine rock. On that day, a scientist at the Institute mentioned to Mr. Hine that serpentine rock contains asbestos. The following day, Mr. Hine called Stevens Institute and also inquired at a number of offices in Hoboken City Hall regarding this problem. No one that Mr. Hine talked to at City Hall was aware of the asbestos problem. The file on this project at the Hoboken Building Department contains numerous letters from Stevens Institute to the City and several letters to state agencies. In this correspondence Stevens Institute does not reveal anything regarding the asbestos hazard.