PERRINE V. DU PONT DE NEMOURS AND COMPANY SETTLEMENT
Below, please find a summary of Settlement milestones for October 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. MEDICAL MONITORING PROGRAM
Important Medical Monitoring Program (the “Program”) milestones were accomplished in October.
On December 1, 2013, we began the second round of testing for Program Claimants, which continued in October 2014. Through October, 994 claimants had signed up for the second round of testing.
In , we submitted to the Court a Report, supported by the Finance Committee, recommending that the Medical Monitoring Fund Pre-Implementation Date Funding (used for Medical Monitoring Plan preparation expenses and Claimant sign-up payments before Medical Monitoring began on November 1, 2011), be poured over into the Post-Remediation Date Funding account of the Medical Monitoring Fund. These assets to be so transferred consist of $26,000 in cash, 1/2 of the Settlement vehicle, and 1/2 of the Claims Office equipment and furnishings. The approval Order was signed on 24, 2014, and the transfer has been accomplished.
B. 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.
By Order dated May 1, 2012, the Court selected NCM as the clean-up contractor, and as October came to a close NCM had completed remediating 176 parcels of soil (Zone 1A only) of the 229 parcels to be remediated (77% complete) and 356 houses of the approximately 802 houses to be remediated (44% complete). All but three (3) contaminated houses in Zones 1B and 2 have been remediated.
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. As October 2014 came to a close, soil remediation had begun for all but about 30 Zone 1A soil properties. Soil remediation for the season is scheduled to end November 15, 2014.
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.
C. ADDITIONAL MILESTONES
Through October 31, 2014, there have been approximately 15,766 telephone calls from Claimants to the Claims Office, and 7,515 Claims Office visits by Claimants.