PCB and PCB Dredging Articles

PCB and PCB Dredging Articles by Dr. Robert A. Michaels, NYPPL's science consultant, are available for free download via https://www.researchgate.net/profile/Robert_Michaels3/publications

Michaels, RA; and Uriel M. Oko.  Negative Hudson River Superfund remediation effectiveness: clamshell dredging massively mobilized sediments, increasing PCB contamination. In: Public Comments Received on Proposed Second Five-Year Report, EPA Index Number 374, pages 493-562 (69 pages including appendices), submitted 30 August 2017, https://www.epa.gov/sites/production/files/2018-01/documents/updated_11-30-17_2017_fyr_comments_-_individuals_reduced_1.pdf, published online 17 January 2018;

Michaels, RA; and Uriel M. Oko.  Lessons learned from legacy contaminants of emerging concern: Hudson River PCB dredging. Albany, New York State Bar Association (NYSBA), The New York Environmental Lawyer, 37(2):58-74, https://www.researchgate.net/publication/355203949_Lessons_Learned_from_Legacy_Contaminants_of_Emerging_Concern_Hudson_River_PCB_Dredging_Albany_New_York_State_Bar_Association_NYSBA_The_New_York_Environmental_Lawyer_37258-74_Fall_2017, Fall 2017;

Michaels, RA; and Uriel M. Oko.  Negative Hudson River Superfund remediation effectiveness: clamshell dredging massively mobilized sediments, increasing PCB contamination. Comments on US EPA’s Proposed Second Five-Year Review. Collingswood, New Jersey, The Certified Environmental Professional (Newsletter of the Academy of Board Certified Environmental Professionals; ABCEP), pages 4-6, September 2017;

Michaels, RA; and Uriel M. Oko.  Excessive PCBs in the Hudson River:  attributable to incompleteness of dredging, or to seven years of dredging?  Environmental Claims Journal, 29(2):115-40, 2017; http://dx.doi.org/10.1080/10406026.2017.1307007, 25 April 2017c;

Michaels, RA; and Uriel M. Oko. Hudson River PCB dredging: mid-course assessment, and implications regarding possible project continuation vs. termination. Environmental Practice, 12(4):377-94, December 2010;

Michaels, RA; and Uriel M. Oko. Bias in the US EPA baseline health risk assessment supporting the decision to require dredging of PCB-bearing sediments from the Hudson River. Environmental Practice, 9(2):96-111, June 2007;

Michaels, RA. The emperor’s new clothes and the US EPA’s decision to dredge Hudson River PCBs. Environmental Practice, 7(3), September 2005;

Michaels, RA; R. George Rowland, and Charles F. Wurster. Polychlorinated biphenyls (PCB) inhibit photosynthesis per cell in the diatom Thalassiosira pseudonana. Environmental Pollution (Series A), 27(1):9-14, 1982;

Michaels, RA. Polychlorinated Biphenyl Toxicity to Two Phytoplankters as a Function of Environmental Conditions. August 1979, Degree: PhD, Department of Ecology and Evolution, SUNY at Stony Brook, 164 pages, Supervisor: Dr. George C. Williams, Chairperson (Dept. of Ecology & Evolution); research performed in the laboratory of Dr. Charles F. Wurster (Marine Sciences Research Center);

Powers, C. Donald; R. George Rowland, RA Michaels, Nicholas S. Fisher, and Charles F. Wurster. The toxicity of DDE to a marine dinoflagellate. Environmental Pollution, 9:253-62, 1975.

CONTACT INFORMATION

Dr. Robert A. Michaels; PhD, CEP

President, RAM TRAC Corporation Schenectady, New York

(518) 785-0976

www.ramtrac.com

bam@ramtrac.com

 

Testing employees for Cannabis in positions in the service of the State as the employer

The Department of Civil Service has published General Information Bulletin 22-01, Cannabis Testing for State Titles applicable to employees of the State of New York as the employer. 

Text of General Information Bulletin 22-01 can be found here.

In addition a copy of General Information Bulletin 22-01 has been provided by the Department of Civil Service. To access the PDF version of  General Information Bulletin 22-01 click here.

To view previous General Information Bulletins issued by the Department of Civil Service, visit: https://www.cs.ny.gov/ssd/gibs.cfm

 

Bereavement and Family Sick Leave policies available to certain employees of the State of New York as the employer

The Department of Civil Service has issued Attendance and Leave Policy Bulletin 2022-02 which addresses items set out in the 2019–2023 State-PEF Negotiated Agreement and Changes to Management Confidential (M/C) – Bereavement and Family Sick Leave Benefit. 

The text of Policy Bulletin 2022-02 will be found at:
https://www.cs.ny.gov/attendance_leave/PolBull22-02.cfm 

Interested readers may print a PDF version  of Policy Bulletin 2022-02 which has been posted on the Internet at by clicking HERE.

To view previous Attendance and Leave bulletins issued by the Department of Civil Service, visit: https://www.cs.ny.gov/attendance_leave/index.cfm

 

Agricultural Chemical and Pest Risks

NYPPL has received a number of emails reporting that litigation involving medications such as Zantac and agricultural chemicals such as Paraquat are being filed in courts.

Listed below are selectedAgricultural Chemical and Pest Risks Articles and reports by Dr. Robert A. Michaels, NYPPL's science consultant. These items may be downloaded without charge from the Internet via https://www.researchgate.net/profile/Robert_Michaels3/publications.

Dr. Michaels has advised clients on greenhouse chemical risks and permitting. He advised the State of Maine Dept. of Health Services and Dept. of Environmental Protection on pesticide registrations, and was appointed to the Ethylene Dibromide (EDB) Medical Advisory Committee of the Maine Department of Agriculture, Food and Rural Resources. He co-authored a book on EDB, and participated in interviews and technical presentations, for example as an invited TV panelist in the Maine Public Broadcasting Network documentary on Pesticide Spray Drift and Chemical Trespass. Dr. Michaels has assessed exposure and health risks potentially posed by numerous agricultural chemicals, including herbicides and pesticides. He serves on the National Fire Protection Association Committee on Classification and Properties of Hazardous Chemicals, establishing industry consensus standards for storage of substances including pesticides.

CONTACT INFORMATION

Dr. Robert A. Michaels; PhD, CEP, President, RAM TRAC Corporation

 Schenectady, New York

(518) 785-0976    Email bam@ramtrac.com    URL = www.ramtrac.com   

 

Michaels, RA.  Environmental Moisture, Molds, and Asthma - Emerging Fungal Risks in the Context of Climate Change.  Environmental Claims Journal, 29(3):171-93, 2017; online: https://doi.org/10.1080/10406026.2017.1345521, 26 July 2017;

Human Health Work Group, including RA Michaels. Final Report of the Human Health Work Group of the New York State Department of Environmental Conservation Comparative Risk Project. Albany, New York; NYS DEC, 308 pages, May 2001;

Michaels, RA. Mass poisoning. Nature (London):346:505 (letter), 9 August 1990;

Michaels, RA; DW Crawford, BA Campbell, FH Lawrence. Exposure and risk assessment, health monitoring, and risk management for herbicide applicators. National Academy of Sciences/ National Research Council, Transportation Research Record, 1016:21-7, 1985a;

Lawrence, Frank H.; and RA Michaels. Ethylene Dibromide (EDB) – A Guide for Decision Makers. Portland, Maine, EnviroLogic Data, 122 pages, March 1984;

Michaels, Robert Alan. Effect of DDT On Growth Rate and Photosynthesis in Pediastrum boryanum (Chlorococcales). Athens, Georgia, USA; University of Georgia, Institute of Ecology, Department of Zoology; Master of Science (MS) Degree, James E. Schindler, Major Professor; Donald C. Scott, Reading Committee Chairperson; 89 pages plus Appendices, August 1971.

National Fire Protection Association (NFPA) Technical Committee Reports

NFPA Technical Committee, including RA Michaels, et al. Standard System for the Identification of the Hazards of Materials for Emergency Response; NFPA 704, 2022 Edition. Quincy, Massachusetts; National Fire Protection Association, Technical Committee on Classification and Properties of Hazardous Chemicals Data, 38 pages, 2020;

NFPA Technical Committee, including RA Michaels, et al. Code for the Storage of Pesticides; NFPA 434, 2002 Edition. Quincy, Massachusetts; National Fire Protection Association, Technical Committee on Hazardous Chemicals, doi 10.13140/RG.2.2.25647.12964, 14 pages, 19 July 2002;

NFPA Technical Committee, including RA Michaels, et al. Code for the Storage of Ammonium Nitrate; NFPA 490, 2002 Edition. Quincy, Massachusetts; National Fire Protection Association, Technical Committee on Hazardous Chemicals, doi 10.13140/RG.2.2.18936.24328, 11 pages, 19 July 2002;

NFPA Technical Committee, including RA Michaels, et al. Fire Hazard Properties of Flammable Liquids, Gases, and Volatile Solids; NFPA 325, 1994 Edition. Quincy, Massachusetts; National Fire Protection Association, Technical Committee on Classification and Properties of Hazardous Chemicals Data, doi 10.13140/RG.2.2.17258.52169, 94 pages, 14 July 1994.

 

New York Public Personnel Law handbooks

The Discipline Book - A concise guide to disciplinary actions involving public officers and employees in New York State set out as an e-book. For more about this electronic handbook, click HERE.

A Reasonable Disciplinary Penalty Under the Circumstances- The text of this publication focuses on determining an appropriate disciplinary penalty to be imposed on an employee in the public service in instances where the employee has been found guilty of misconduct or incompetence. For more information click HERE.

Disability Benefits for fire, police and other public sector personnel - an e-book focusing on retirement for disability under the NYS Employees' Retirement System, the NYS Teachers' Retirement System, General Municipal Law Sections 207-a/207-c and similar statutes providing benefits to employees injured both "on-the-job" and "off-the-job." For more information about this e-book click HERE.

The Layoff, Preferred List and Reinstatement Manual-This e-book reviews the relevant laws, rules and regulations, and selected court and administrative decisions. Click HEREfor more information.

Former Village of Rhinebeck, New York employee arrested for working side job on the Village's time

New York State Comptroller Thomas P. DiNapoli and the New York State Police, reported the arrest of former Village of Rhinebeck Superintendent of Public Works John J. Fenton, Jr., on six counts, including grand larceny, falsifying business records and corrupting the government in the 3rd degree. The arrest was a result of a joint investigation between DiNapoli’s Office, the Dutchess County District Attorney’s Office, and the New York State Police.

While a full-time employee with the Village of Rhinebeck, Fenton obtained part-time zoning and code enforcement and building inspection employment with the Town of Rhinebeck, the Village of Tivoli, the Town of Red Hook and the Town of Clinton. In addition to his public employment, Fenton conducted home inspections for his two private companies.

Fenton allegedly left during the workday while working for the Village of Rhinebeck to work for the other municipalities and then falsified timesheets submitted to Red Hook to hide his double-dipping. Fenton also falsified mileage reimbursement requests to Red Hook in order to receive improper payments. In addition Fenton allegedly used the village’s office and other resources to work his various side jobs. As a result, he allegedly stole $2,697 from the Village of Rhinebeck and $2,978 from the Town of Red Hook.

“Mr. Fenton allegedly cheated the taxpayers of multiple municipalities to line his own pocket,” DiNapoli said. “I thank Dutchess County District Attorney William Grady and the New York State Police for partnering with my office to hold him accountable.”

Fenton was allegedly stealing from taxpayers for his own benefit by falsifying his timesheets, said New York State Police Superintendent Kevin P. Bruen. “We have no tolerance for any type of public corruption, and I commend the New York State Comptroller’s Office, our State Police members, and the Dutchess County District Attorney’s Office for their combined effort in exposing this fraud.” 

Fenton was arrested and released on an appearance ticket and is due back in court on April 7th.    

###

 Since taking office in 2007, DiNapoli has committed to fighting public corruption and encourages the public to help fight fraud and abuse. New Yorkers can report allegations of fraud involving taxpayer money by calling the toll-free Fraud Hotline at 1-888-672-4555, by filing a complaint online at investigations@osc.ny.gov, or by mailing a complaint to: Office of the State Comptroller, Division of Investigations, 8th Floor, 110 State St., Albany, NY 12236.

Airborne Particulate Matter (PM) Articles

Airborne Particulate Matter (PM) Articles by Dr. Robert A. Michaels, NYPPL's science consultant, are available for free download via: https://www.researchgate.net/profile/Robert_Michaels3/publications

Michaels, RA.  Serology testing for antibodies induced by Covid-19 may indicate past exposure without past infection.  Science Magazine, e-Letter, online: https://science.sciencemag.org/content/368/6495/1060/tab-e-letters, 18 June 2020;

Michaels, RA.  Legacy contaminants of emergent concern.  Conference presentation:  Energy and Environmental Law Section, New York State Bar Association, Annual Meeting, New York City, 31 January 2020;

Michaels, RA.  Confidence in courts:  a delicate balance.  Science Magazine, 357(6353):764, Letters, doi: 10.1126/science.aao3967, 25 August 2017;

Michaels, RA.  Environmental Moisture, Molds, and Asthma - Emerging Fungal Risks in the Context of Climate Change.  Environmental Claims Journal, 29(3):171-93, 2017; online:  https://doi.org/10.1080/10406026.2017.1345521, 26 July 2017;

Michaels. RA.  Particulate matter:  the Marines, EPA, and air quality. Guest Perspective. Arlington, Virginia; Risk Policy Report, 11(10):33-5, 26 October 2004;

Michaels, RA.  EPA can no longer ignore risks potentially posed by hours-long PM excursions.  Commentary.  Risk Policy Report, 8(9):35-9, 18 September 2001;

Michaels, RA; and MT Kleinman.  Effects exerted by PM in minutes to hours, involving immunological and electrophysiological mechanisms, can account for epidemiological associations of daily morbidity and mortality with 24-hour-average PM in air.  Inhalation Toxicology, 12(Supplement 2):151(Abstract), 2000;

Michaels, RA.; and MT Kleinman.  Incidence and apparent health-significance of brief airborne particle excursions.  Aerosol Science and Technology, 32:93-105, February 2000;

Michaels, RA.  Health effects of airborne particulate matter:  role of short-term exposures in producing chronic effects.  In:  Current Asbestos Issues, Sourcebook on Asbestos Diseases; George A. Peters and Barbara J. Peters, Editors.  Charlottesville, Virginia; Reed Elsevier, Inc.; Lexis Law Publishing Division; Volume 18, pp. 117-43, 1998;

Michaels, RA.  Permissible daily airborne particle mass levels encompass brief excursions to the ‘London fog’ range which may contribute to daily mortality and morbidity in communities.  Applied Occupational and Environmental Hygiene, 13(6):385-94, June 1998;

Michaels, RA.  Particulate matter policy.  Science, 278:1,696 (letter); 5 Dec. 1997; 

Michaels, RA.; and MT Kleinman.  Dose-dependent health risks support control of one-hour airborne particle levels.  Proceedings of the 90th Annual Meeting of the Air & Waste Management Association; Toronto, Ontario, Canada; 8-13 June 1997, 21 pp. 1997;

Michaels, RA.  A technically supportable middle ground in the particulate matter debate.  Commentary.  Risk Policy Report, 4(4):35-7, 18 April 1997;

Michaels, RA.  Airborne particle excursions contributing to daily average particle levels may be managed via a one-hour standard, with possible public health benefits.  Aerosol Science and Technology, 25:437-44, November 1996.

Michaels, RA.  Health risks support a one-hour airborne particle standard with data acquisition via rapid automated monitoring instrumentation.  In:  Measurement of Toxic and Related Air Pollutants, cosponsored by U. S. EPA and Air and Waste Management Association, Research Triangle Park, North Carolina, 7-9 May 1996; pp. 201-7, 1996;

Michaels, RA.  Health risks and particle monitoring:  new technologies to meet emerging data needs.  Pittsburgh, Pennsylvania; 14th Annual Meeting, American Association for Aerosol Research, Abstracts, page 338, 9-13 October 1995;

Michaels, RA.  Health Risks and Particle Monitoring:  New Technologies to Meet Emerging Data Needs, Including A One-Hour Upper Mass Limit in the Next National Ambient Air Quality Standard.  Robert A. Michaels; PhD, CEP; Project Director.  Schenectady, New York; RAM TRAC Corporation, 169 pp., 17 July 1995.

CONTACT INFORMATION

Dr. Robert A. Michaels; PhD, CEP

President, RAM TRAC Corporation Schenectady, New York

(518) 785-0976

www.ramtrac.com

bam@ramtrac.com

 

Evidence claim to have been concealed will be deemed irrelevant absent a showing it is material to resolving the arbitration

In this CPLR Article 75 action challenging a disciplinary arbitration award resulting in the termination of the Petitioner from his employment by the City of New York, the Appellate Division found that the Petitioners failed to meet their burden of "establishing, by clear and convincing evidence, the existence of fraud or misconduct sufficient to warrant vacatur of the arbitration award under CPLR 7511(b)(1)(i)."

Although the Petitioners' claimed that there was intentionally concealed video evidence present in the course of the arbitration, the Appellate Division opined that Petitioners failed to demonstrate that the alleged concealed video evidence was "materially related to an issue in arbitration" as the arbitrator had determined that the testimony given at the hearing was sufficient to sustain the employee's guilt and the imposition of the penalty of termination.

Click HERE to access the Appellate Division's decision.

Employees seeking reinstatement following submitting a resignation must comply with the controlling law, rule or regulation

In Sanchez v The Department of Education of the City of New York, 2022 NY Slip Op 00954, the Appellate Division held that Sanchez, the petitioner in this CPLR Article 78 action, was not entitled to the restoration of his tenure upon his return from resignation as he failed to provide 30 days' notice of his resignation. The court explained that the Department of Education's action was not arbitrary and capricious, noting that "[J]udicial deference to an agency's interpretation of its own regulations is a basic tenet of administrative law," citing Andryeyeva v New York Health Care, Inc., 33 NY3d 152, and that it had previously ruled that "DOE employees must 'strictly' comply with the procedures set forth in Chancellor's Regulation C 205," citing Matter of Vaccaro v Board of Educ. of the City Sch. Dist. of the City of N.Y., 139 AD3d 612.

Click HEREto access the text of the Appellate Division's ruling.

Tennessee woman pleads guilty to receiving deceased mother’s retirement system benefits

New York State Comptroller Thomas P. DiNapoli joined the United States Attorney for Eastern District of Tennessee (EDTN) in announcing that Leslie Schwinzer has pleaded guilty to wire fraud (18 USC. §1343) in the U.S. District Court at Knoxville, TN for stealing $56,352 from the New York State and Local Retirement System (NYSLRS). This case was the result of a joint investigation with the Social Security Administration Inspector General’s Office (SSAIG), the EDTN and the Comptroller’s Office.

In February of 2021, SSAIG contacted NYSLRS and informed them that a pension beneficiary, Shirley Conklin, had died on July 3, 2018, and all payments should have stopped after her death. SSAIG also informed NYSLRS that no death certificate had been issued for Conklin’s death, just a police report. After Conklin’s death, she continued to receive both monthly NYSLRS payments and bi-weekly Social Security payments in a joint account with her daughter, Schwinzer, 46, of Madisonville, TN. Schwinzer failed to notify NYSLRS and the Social Security Administration of her mother’s death and was not authorized to receive either payment.

The 31 monthly pension fund payments totaled $56,352 and were deposited into the joint account, with Schwinzer withdrawing that amount in funds. During this same period, Schwinzer took out an additional $35,871 in Social Security payments after her mother’s death that she was not entitled to.

In total, she withdrew approximately $92,223 in NYSLRS and Social Security payments from her mother’s account.

“Ms. Schwinzer hid her mother’s death for two years to steal money from the New York State and Local Retirement System,” DiNapoli said. “I thank the United States Attorney for the Eastern District of Tennessee and the Social Security Administration Inspector General for working across state lines to assist in our efforts to root out fraud and hold Schwizner accountable.”

Schwinzer was charged with one count of wire fraud (18 USC. §1343) in the EDTN on January 27, 2022. She has agreed to pay $56,352 in restitution to NYSLRS. Sentencing is set for July 14, 2022, in United States District Court for the EDTN at Knoxville.

 

Providing benefits to employees greater than those mandated by law

In the course of collective bargaining pursuant to Article 14 of the Civil Service Law [the Taylor Law] the City of Troy agreed to permit its police officers to receive benefits from outside employment while on various types of sick leave, including leave pursuant to General Municipal Law §207-c. The City's discretion in permitting outside employment is conditioned by the terms of the settlement agreement in that "approval shall not be unreasonably withheld." 

Citing Matter of City Troy[Troy Police Benevolent & Protective Assn., Inc.], 191 AD3d at 1207, the Appellate Division observed that "Such a self-imposed restriction on its own discretion does not violate public policy" as the City  retained its discretion in approving outside employment to a police officer while on General Municipal Law §207-c leave but agreed that it would not unreasonably withhold approval.

In addition, the Appellate Division noted that as part of its collective bargaining negotiations, a municipality may "provide benefits to its employees in excess of those provided by General Municipal Law §207-c," citing Matter of City of Plattsburgh [Plattsburgh Police Officers Union AFSCME Local 82], 250 AD2d 327, leave to appeal  denied93 NY2d 807].

 Thus, said the court, the City "has not demonstrated that it would be unlawful under any statute, precedent or public policy to refer this grievance to arbitration," citing Matter of City of Ithaca [Ithaca Paid Fire Fighters Assn., IAFF, Local 737], 29 AD3d 1129.

In Matter of City of Plattsburgh the relevant collective bargaining agreement provided that disabled police officers were entitled to receive benefits in accordance with §207-a of the General Municipal Law otherwise available to disabled firefighter injured in the line of duty rather than §207-c available to police officers injured in the line of duty. When Plattsburgh refused to provide disabled police officers §207-a benefits, the union demanded that the resulting grievances be submitted to arbitration, Plattsburgh objected to arbitrating the issue and in an effort to obtain a stay of the arbitration, the City contended that the disputed contract provision:

    1. Had been included in the contract by mistake and

    2. The benefits to be provided disabled police officers are limited to those set out in General Municipal Law §207-c.

The Appellate Division held that the alleged mistake at issue, as well as the meaning and impact of the provision modifying the statutory §207-c benefits as set out in the collective bargaining agreement, was for the arbitrator to resolve and denied Plattsburgh’s application to stay arbitration. The arbitrator ruled in favor of the union and awarded the injured police officers §207-a benefits otherwise only available to firefighters injured in the line of duty.

Click HERE to access the Troy decision by the Appellate Division.

Per- and Polyfluoroalkyl Substances (PFAS) Articles

Per- and Polyfluoroalkyl Substances (PFAS) Articles by Dr. Robert A. Michaels, NYPPL's science consultant, are available for free download via https://www.researchgate.net/profile/Robert_Michaels3/publications

Michaels, RA. Protecting science and public health in communities – PFOA and possible cancer clusters in the Village of Hoosick Falls, Rensselaer County, New York. Environmental Claims Journal, 30(1):58-70, January-March 2018, doi: 10.1080/10406026.2017.1422660, (https://doi.org/10.1080/10406026.2017.1422660), published online 31 January 2018;

Michaels, RA.  Confidence in courts: a delicate balance. Science Magazine, 357(6353):764, Letters, http://dx.doi.org/10.1126/science.aao3967, 25 August 2017;

 Michaels, RA. Lessons learned from legacy contaminants of emerging concern: perfluoroalkyl compounds (PFCs) in the Village of Hoosick Falls, Rensselaer County, New York. Environmental Claims Journal, 29(1): doi 10.1080/10406026.2016.1270666, url link: http://dx.doi.org/10.1080/10406026.2016.1270666, February 2017;

Michaels, RA. Perfluoroalkyl compounds (PFCs) in the Village of Hoosick Falls, Rensselaer County, New York: health risks and successive approximation toward enforceable national regulation. Albany, New York State Bar Association, NYSBA, New York Environmental Lawyer, 36(2):88-111, Fall 2016;

Michaels, RA. Testimony before a joint New York State Assembly and Senate hearing on drinking water quality and contamination, Standing Committees on Health and Standing Committees on Environmental Conservation; Albany, New York State Assembly and New York State Senate, 10.13140/RG.2.2.15054.46407, 6 pages, 7 September 2016;

Michaels, RA. Testimony on drinking water contamination with perfluorooctanoic acid (PFOA) before the New York State Senate Standing Committee on Health and Standing Committee on Environmental Conservation; Albany, New York State Senate, doi: 10.13140/RG.2.2.31831.68006, 5 pages, 30 August 2016.

CONTACT INFORMATION

Dr. Robert A. Michaels; PhD, CEP

President, RAM TRAC Corporation Schenectady, New York

(518) 785-0976

www.ramtrac.com

bam@ramtrac.com