PERRINE V. DU PONT DE NEMOURS AND COMPANY SETTLEMENT
Below, please find a summary of Settlement milestones for January 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
In December, we presented to the Court a Report and proposed Order recommending the continued engagement of Dixon, Hughes, Goodman, LLP to conduct outside audits for the Two Funds and review their income tax returns, this time for 2013. The Court signed the Order in January. Our next quarterly financial matters review meeting is scheduled for February 19 at the Spelter, West Virginia Fire Station.
B. MEDICAL MONITORING PROGRAM
Important Medical Monitoring Program (the “Program”) milestones were accomplished in January.
On December 1, 2013, we began the second round of testing for Program Claimants, which continued in January.
Our next quarterly Program review meeting is scheduled for February 19.
C. PROPERTY CLEAN-UP PROGRAM
There are 1,155 Property Clean-Up Registration claims, with no additional claims being allowed due to the Court Bar Date Order signed in June. However, the Court will determine if one late registrant is due to be admitted for good cause, shortly.
By Order dated May 1, 2012, the Court selected NCM as the clean-up contractor, and as January came to a close NCM had completed remediating 107 parcels of soil (Zone 1A only) of the 229 parcels to be remediated (48 % complete) and 285 houses of the approximately 802 houses to be remediated (35.6% complete). In December, soil remediation for the year came to a close, to recommence in the Spring.
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 withy 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. We began the 2013 remediation of the soil in August, and ended for the season in November. Soil remediation is expected to begin in April for the 2014 season.
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.
As contaminated house inventory in Zones 1 and 2, other than houses in Zone 1A that also have contaminated soil, which cannot be remediated until the Spring, it may be necessary to begin house remediation in Zone 3 in the near future. In January, we drafted for review by the Finance Committee and NCM a Report and Order allowing remediation of Zone 3 at this time, which we expect to file with the Court on February 7.
D. ADDITIONAL MILESTONES
Through January 31, 2014, there have been approximately 14,700 telephone calls from Claimants to the Claims Office, and 7,057 Claims Office visits by Claimants.