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Directories Int'l Realty US Realty
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Home Sweet Vapor Intrusion Home Stuart Lieberman, Esq., A New York State report issued several years ago estimated that volatile organic compounds and other toxic solvents were dumped at approximately 750 sites state wide. That figure applied to just one state, which means that there must be thousands of similar disposal locations all over the country. People who live or work near these sites have always had to worry about air or water pollution coming from the dirty sites. We have known about these issues for decades. In the past few years a new concern has emerged -- vapor intrusion. This refers to a release of vapors into the air as a result of these discharged materials. Here is how it works. Chemicals such as gasoline from a nearby gas station, dry cleaning fluid from a nearby cleaners, degreaser from a nearby gasoline, or any similar solvent leak into the ground. In addition to causing soil and water pollution, the vapors may slowly and continuously be released into the air from some of these compounds. The released vapors often are at low levels which may represent little threat. But sometimes they release at higher concentrations, thereby posing a health threat. The vapors can enter your home through the soil under your house, through ground water under your house, and through cracks in your home foundation. There are government levels for some of these chemicals -- indicating which levels are supposedly safe. However you know how these published levels can be. What is considered safe today may be determined to be dangerous tomorrow. If you suspect that your home or workplace has vapors, testing by qualified professionals should be undertaken. And don't necessarily accept any argument that vapors exist but they are at low, harmless levels. I would not wants any of these vapors in my house, and I do not think any one should have to live with this. Get more information and get it from several sources. While some vapor releases may not be a health risk at all, others may be. Get multiple opinions and make informed decisions. New York has just passed a law requiring landlords to notify tenants of certain pollution problems associated with their property. This may help NY state tenants guard against vapor intrusion. But tenants in other states may have protection as well. For example, some states may impose a legal obligation to disclose hidden problems to tenants. The failure to do so may constitute fraud in these jurisdictions. And home purchasers often have legal rights that require disclosure of this kind of information. Failure to do so can results in a host of legal problems to sellers, home inspectors and real estate professionals. While some states may be more progressive than others, one point is clear -- no one should have to breathe toxic vapors in their air. These vapors may make people ill, and in some case may be life threatening. Sometimes the problem can be corrected with either passive or active ventillation systems. Sometomes the intrusion is so great that a cure is not immediately available. Contact your local health department of environmental agency for help. Severe conditions may result in evacuation orders and hopefully some kind of relocation assistance. If these agencies fail to help, contact a lawyer with an understanding of vapor intrusion. Time limits for filing legal claims may apply, so act promptly and diligently.
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.
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