PERRINE V. DU PONT DE NEMOURS AND COMPANY SETTLEMENT
Below, please find a summary of Settlement milestones for March 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 March, Dixon, Hughes, Goodman, LLP continued to conduct outside audits for the Two Funds for 2013.
B. MEDICAL MONITORING PROGRAM
Important Medical Monitoring Program (the “Program”) milestones were accomplished in March.
On December 1, 2013, we began the second round of testing for Program Claimants, which continued in March. Through March, 604 claimants had signed up for a second round of testing.
At our last quarterly Program review meeting, we reviewed a proposed claimant Medical Monitoring Outreach Plan. The Plan was submitted to the Court on March 21, and will be reviewed at the hearing scheduled for April 2.
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 2013. In March, we received another late claim form and the Court will determine if this late registrant is due to be admitted for good cause on April 2.
By Order dated May 1, 2012, the Court selected NCM as the clean-up contractor, and as March 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 302 houses of the approximately 802 houses to be remediated (38% complete). In February, the Court allowed remediation of Zone 3 houses to begin, in order to ensure that NCM has adequate inventory to work on, but with remediation of Zone 1A soil, followed by Zone 1 and 2 houses, to take priority under a previous Court Order.
The Order also required that Zone 3 houses be remediated in decreasing order of contamination. In March, a Settlement remediation expert, Rich Adams, provided a report listing Zone 3 houses in order of decreasing contamination. The remediation of Zone 3 houses began in March and will be in accordance with this list, while taking into account remediation efficiency, by cleaning houses in proximity to each other, as also allowed by the Order.
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 May 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.
D. ADDITIONAL MILESTONES
Through March 31, 2014, there have been approximately 14,956 telephone calls from Claimants to the Claims Office, and 7,213 Claims Office visits by Claimants.