PERRINE V. DU PONT DE NEMOURS AND COMPANY SETTLEMENT
Below, please find a summary of Settlement milestones for August 2014:
During the month, much was accomplished in carrying out both the Medical Monitoring Program and the Property Clean-Up Program, after timely beginning on November 1, 2011.
A. GENERAL MATTERS
After vetting the fifth proposed budget with the Finance Committee, for the period of September 1, 2014 to August 31, 2015, we submitted it to the Court for consideration on August 19, 2014. It was heard on August 27, 2014, and was subsequently approved by the Court.
In July, Dixon, Hughes, Goodman, LLP completed outside audits for the Perrine Medical Monitoring and the Perrine Remediation Funds for 2013, and we provided the results to the Court and the Finance Committee in August. On August 27, 2014, we held our quarterly Finance Committee meeting, and Dixon & Hughes presented its 2013 audit findings to the Committee.
B. MEDICAL MONITORING PROGRAM
Important Medical Monitoring Program (the “Program”) milestones were accomplished in August.
On December 1, 2013, we began the second round of testing for Program Claimants, which continued in August 2014. Through August, 974 claimants had signed up for the second round of testing. We held our quarterly Program review meeting on August 27.
C. PROPERTY CLEAN-UP PROGRAM
There are 1,156 Property Clean-Up Registration claims, with no additional claims being allowed due to the Court Bar Date Order signed in June 2013, except for one late claim allowed by the Court in May 2014, for good cause. In August, we received one late claim, which we denied, while giving the claimant the right to appeal.
By Order dated May 1, 2012, the Court selected NCM as the clean-up contractor, and as August came to a close NCM had completed remediating 136 parcels of soil (Zone 1A only) of the 229 parcels to be remediated (59.4% complete) and 345 houses of the approximately 802 houses to be remediated (43% complete). All but five (5) contaminated houses in Zones 1B and 2 have been remediated, and in July we submitted a Report and proposed Order to complete the remediation of these Zones, except for the foregoing five (5) houses. This Order was signed by the Court on July 28, 2014.
We have ceased providing NCM additional Zone 3 inventory until Zone 1A is completed, and in May 2014 we provided NCM all the remaining Zone 1A inventory to work on in 2014, with the goal of the Remediation Program for 2014, being to complete Zone 1A. Toward this end, NCM is conducting Zone 1A remediation in both Spelter and Erie.
Soil remediation for the 2014 season began on May 22, with the primary goal of the remediation plan for 2014 being to complete Zone 1A.
Unlike in some clean-up programs, soil and houses are retested for heavy metals contamination after the Settlement remediation contractor, NCM, reports that they have been remediated. If they are still contaminated, NCM must remediate them further at NCM’s expense. Under additional soil remediation procedures approved by the Court (only Zone 1A has soil remediation), beginning with the 2013 soil remediation program, the consistency of the soil (not to have too much clay) will also be tested after the new soil is in place on the Claimant’s yard.
We continued to have weekly update calls with NCM and to use a web-based confidential remediation database, being updated by the Settlement, NCM and CORE (the post-remediation testing company) on a real-time basis.
On June 4, 2012, we submitted to the Court for consideration a proposed First Addendum to the CORE Sampling Agreement, previously approved by the Court, allowing CORE to do the post clean-up sampling as NCM cleans up soil in Zone 1A and houses in the Class Area. By Order dated June 11, 2012, the Court-appointed CORE for this task, and CORE is conducting the post-remediation sampling.
D. ADDITIONAL MILESTONES
Through August 31, 2014, there have been approximately 15,578 telephone calls from Claimants to the Claims Office, and 7,438 Claims Office visits by Claimants.