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Stuart Lieberman
Stuart Lieberman, Esq.
liebermanblecher.com

*NJ Deputy Attorney General assigned to the State Department of Environmental Protection from 1986 - 1990.
*Partner in the environmental law firm of Lieberman & Blecher, P.C. in Princeton, New Jersey
*Lectures for the N.J. Institute for Continuing Legal Education (ICLE), and is available for other speaking engagements through the year.


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THE ENVIRONMENT
Recipe for Toxic Soup in NOLA
Stuart Lieberman, Esq.,

We have heard much about the contaminated water in New Orleans. Many readers are probably wondering what makes the water contaminated and what the results might be. While I do not know the answers to these questions, as an environmental lawyer, perhaps I may speculate.

First, we know that the sanitary sewage plants failed in New Orleans. When these failures occurred, and I believe several hundred treatment plants were knocked out by the storm, you end up with raw, untreated sewage.

Normally, this untreated sewage finds its way to the ocean and causes harm to sea life. And maybe tourism. In New Jersey, about 15 years ago a lot of shore tourism was lost because a New Jersey city's wastewater plant was consistently not working.

But in New Orleans, I would imagine that the flood water was contaminated by human waste. Which means that the water in the streets and homes probably had raw sewage in it. This can contain high bacteria and virus levels and make people very ill.

Also, the storm drains in New Orleans were obviously inundated (proof of that being that the city flooded). Storm water is usually conveyed through street gutters into nearby rivers and lakes. It is contaminated with dog waste, fertilizers, street debris and oils, and everything else on buildings, lawns and streets.

In this case, all of that was mixed into the flooded waters as wells. This would expose persons to illness from pesticide, fertilizers, automotive oils and a lot of other toxins.

Gasoline station oil tanks may also have been affected. Its hard to imagine that the volume of water would not have released the contents of some tanks. This would introduce gasoline and gas additives into the toxic soup.

55 gallons drums of hazardous materials from the City's industrial plants were presumably uprooted. The contents of many of these tanks, including degreasers and other volatile organic materials, were likely released into the mix as well. Many of these kinds of materials can make people ill, and in some cases lead to cancer.

Heating oil for building and home heating purposes is often stored above ground, in large tanks. A large flood could easily free those tanks, resulting in the release of thousands of gallons of heating oil into the water as well.

Many companies have drum storage areas where used drums of hazardous chemicals are stored until they are removed by licensed companies. Those drums usually have toxic residue. I would imagine that many of those drums were liberated, and the residue from the drums was introduced into the toxic mix.

Exposure can occur from multiple sources. Ingestion may place those who were submerged into the flooded waters at risk.

In certain instances, mere skin exposure is enough to make people ill. This is especially so in the case of caustic materials.

And in the case of some chemicals, inhalation poses a risk.

Presumably, most people will not become ill as a result of this exposure. But those with prolonged chemical exposure, and those with chronic illness, may need medical monitoring to ensure that the exposure to the contaminated waters does not enhance their chance of becoming sick.

Of course, for the most part this is a secondary issue. For most in New Orleans, the real goal was simply to survive, and get away, alive.

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The information provided in this column is written by Stuart Lieberman,a practicing environmental attorney, and is for general information purposes only. It is not legal advice and should not be used in place of legal advice.

Stuart Lieberman, Esq., and IRED.Com, Inc., will not accept any responsibilty for any reliance on the information in this column or any damages whatsoever resulting from reading this column.


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