PERRINE V. DU PONT DE NEMOURS AND COMPANY SETTLEMENT
Below, please find a summary of Settlement milestones for July 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 July, Dixon, Hughes, Goodman, LLP completed outside audits for the Two Funds for 2013, and we will provide the results to the Court and the Finance Committee shortly.
B. MEDICAL MONITORING PROGRAM
Important Medical Monitoring Program (the “Program”) milestones were accomplished in July.
On December 1, 2013, we began the second round of testing for Program Claimants, which continued in July. Through July, 910 claimants had signed up for the second round of testing. (We prepared a written comparison of first round of testing and second round of testing recruitment rates, indicating that first round of testing had an initial spike, but, thereafter, the recruitment rates for the two rounds are similar.)
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.
By Order dated May 1, 2012, the Court selected NCM as the clean-up contractor, and as July came to a close NCM had completed remediating 112 parcels of soil (Zone 1A only) of the 229 parcels to be remediated (49% complete) and 340 houses of the approximately 802 houses to be remediated ( 42.5% 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.
We have ceased providing NCM additional Zone 3 inventory until Zone 1A is completed, and in May 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 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 July 31, 2014, there have been approximately 15,481 telephone calls from Claimants to the Claims Office, and 7,406 Claims Office visits by Claimants.