Limiting Liabilities: Book Two - The Martinique Files

by Colette Alaine

  “Probably at night. Is there any sign of a pattern based upon your findings?” Billy asks Ken and it is evident he is trying to avoid any embarrassing interruptions from Nick.

  “We haven’t detected any yet but we did only do preliminary testing. Obviously, polluting Lake Michigan is serious for numerous reasons but the one that Tawny brought up is the most urgent.” He glances her way and it makes her a little uncomfortable. She does not want to upstage the two partners even though she wants to hold her own at the same time. She plans to only speak if necessary, thereby maintaining her place as an associate without giving up any credibility. “We can keep people off the beaches and out of the water if necessary but we can’t stop millions from drinking it out of their taps at home.”

  “Did you check any of the cribs?” Billy wants to know exactly what Ken and his team have been doing.

  Ken aims his comment in his lawyer’s direction. “I went there with one of Rick Davis’ assistants. You remember him, right?”

  “Rick’s your right hand man. Of course I remember. It hasn’t been that long and I’m not as old as you are,” Billy chides his client and friend.

  Ken’s jovial laugh returns. “Always with a line, huh, Billy?” He shakes his head. “Anyway, Rick’s busy on another project so I snagged his assistant, Brent, and we took a tour of the Harrison Dever crib. It’s amazing inside. I’d seen pictures on the internet and that’s what it looks like. It’s more real when you’re actually there, of course.”

  “I would’ve liked to seen it.” Billy hints that he should have been included in the visit.

  “I didn’t need a lawyer hanging around today. You can check it out some other time and take these two with you.” Ken points to Tawny and Nick. “I want to go through the process with you because there is risk in the drinking water. The levels are higher and as Dr. Anderson told Tawny he thought the chromium 6 might be able to get through; well he’s exactly right.”

  “Yikes,” Tawny mutters and the others do not disagree with her. “I hope I don’t start glowing.”

  “Do you have that email Tawny sent from the City of Chicago’s website?” He asks them all and Tawny whips out her copy. Billy returns to his desk and prints two of them off the computer.

  They all sit down as Ken reviews his paper. “I know this is mundane but I think it’s valuable to read through this process. I’m just going to start. The process is numbered one through ten and here it is:

  1. Water from Lake Michigan enters the intake crib at depths of 20 to 30 feet.

  2. Water enters the purification plant's intake basin through a tunnel beneath the lake bed.

  3. Water is filtered through eight traveling screens to catch debris.

  4. Water is pumped by low lift pumps up to 25 feet for the first chemical treatment.

  5. Water flows from the chemical application channels.

  6. Water flows through mixing basins to begin the flocculation process.

  7. Flocculated water passes into settling basins to sit for hours allowing floc to settle.

  8. Water is filtered through precisely graded sand and gravel performing a "natural polishing".

  9. Filtered water flows into clearwells for its final chemical application. And finally number

  10. From finished water reservoirs, water flows to the distribution system.” Ken looks up from his paper but no one says anything. He is in control of this meeting now.

  “It goes on to say that this treatment makes the water safe for people to drink. Because water is a good solvent, it picks up all sorts of natural pollutants,” Ken continues to engage them in the task at hand.

  “In nature, water is not always clean enough for people to drink. When the microscope was invented in the 1850s, germs could be seen in water for the first time. In 1902, Belgium was the first country to use chlorine to clean or treat water in a public water supply. Today, almost every city in the world treats their drinking water. Treatment includes disinfection with chlorine or other chemicals to kill any germs in the water.”

  Ken reads more from the printed page. “They test water composition from every point in our system, reporting their findings to Control Engineers. They make decisions on everything from water sources to the mix of chemicals applied in the purification process.”

  He looks up to make certain he still has the attention of the three attorneys. All of them are following what he’s reading. “Our pumping stations distribute pressurized water throughout our city. Chicago doesn’t use water towers in the distribution system. A few of the suburbs do use towers so that pressure is supplied by gravity and kept uniform. We use several chemicals in the purification and treatment of water:

  Chlorine: to disinfect the water.

  Aluminum Sulfate or Alum and Polymer: for coagulation to settle out impurities.

  Blended Polyphosphate: to coat pipes and prevent lead leaching.

  Activated Carbon: to remove unpleasant tastes and odors.

  Fluoride: to help fight cavities in children's teeth.” Tawny is not used to being read to but if the client wants to read, then she is not going to say a word. She understands most of this information since she has the chemistry degree but it is probably very informative for the two partners.

  “Chemical amounts are quite small. The total volume needed to treat 100 gallons of water is about a teaspoon full. That's 15 parts of chemical to 1 million parts of water.” Ken lays aside his page.

  “Sorry, I know that was tedious but it’s important that we all know what we’re talking about here. When you go through this list you can see how the hexavalent chromium can sneak through and enter our drinking water. We tested some taps around town and found higher levels of the element all over.” He lightly smacks his hand on the table. He is so passionate about the environment and his attitude is infectious. “We have to stop this dumping and we’ve got some cleaning up to do.”

  As Ken finishes his speech all of them face Billy, expecting him to come up with the answer or at least the next step. He is their true leader no matter how important a client Ken Shelton is.

  Billy thinks out loud. “We need more investigators. If we go public with any of this information, everyone’s going to freak out. If we don’t make certain that people take precautions, this group bringing the claim will go public for us.”

  “They’re already threatening to call the local news station. I’ve begged them to wait so we don’t create pandemonium. They say they’ll be reasonable as long as we act appropriately. I’m not sure how we can’t tell the public but I don’t want to announce it without coming up with some ways of protecting themselves,” Ken warns. “Although I don’t want to downplay the risk, I want to make certain that people don’t freak out, as you say, Billy.” Ken has quite a dilemma in front of him.

  “How long before we can provide those things? We need to be able to produce a list. Drinking bottled water and boiling water aren’t going to be good enough.”

  “It shouldn’t take too long. I’ve got my guys working on it.” Ken is already one step ahead of Billy. They’ve worked together long enough to know what the other is anticipating.

  “We can only use that line for so long before we have to produce,” Billy reminds him.

  Ken opens the bottle of water that Billy made sure Linda provided for him. Ken drinks a lot of the H2O. “I know, I know. I told them it’s a priority. It shouldn’t take too long. The delivery of the information is going to take more strategizing than the research itself. That’s when you get to be involved, Billy.” Ken stands up. He cannot sit for long. He is just as restless as Billy is. Billy has been up since right after Tawny sat down.

  Tawny turns her chair to address the two roaming men. “You know one of the things I wrote in my memorandum was about the Carter Harrison Crib Tunnel Collapse. It was in 1998, so it hasn’t been that long ago really. I mean there are still plenty of people who will remember it,” Tawny reminds her manager.

  “What did the memo say, Tawny. Sorry, I
didn’t get it.” Nick has calmed down tremendously since that first dinner two nights ago.

  “I didn’t give it to you?” Billy cannot believe he didn’t share it. “Sorry, my bad. Tawny, give us an overview.”

  “Well, Wikipedia said that the tunnels leading from the Carter Harrison Crib to shore were de-watered for inspection. There was a lot of controversy about the process. Some experts feared that pumping the tunnels dry would result in a catastrophic collapse, while others guaranteed that collapse was not possible. Unfortunately, however, portions of the tunnel did in fact collapse. City lawyers filed suit against the engineers and contractors, charging negligence for advising the city that it was safe to drain the tunnels. It also charged the engineering company saying that they did the work in a way that caused the collapse. The city spent $5.3 million to fill in a portion of the tunnel under Lake Shore Drive to prevent a possible additional collapse.” Tawny thought this information might come in handy when she wrote the memo and that has proven true.

  “So any mention of manipulating the cribs will come with vehement protests.” Billy again thinks out loud as he is trying to craft what he may have to say on the local news before he even has the information. It is going to require the right words and the right tone. He is going to have to be careful with this one. He cannot cause havoc but he has to make certain the people of Chicago heed any warning Ken wants to send.

  “Settle down, Billy. Let’s wait until we know what we need to tell them first.” Ken knows his buddy way too well.

  “Leave it to you to call me out, Ken. Alright, what else should we know?” Billy is in high gear right now.

  “Getting back to investigating our culprit, we need to have the police patrol further down the beaches with more concentration at night than during the day. If we make the public aware of the problem that will be easy but on the other hand, if the public knows, our culprit may not dump again.” Ken does his own thinking out loud.

  Billy analyzes the situation. “The longer we can keep the community group quiet we can keep the police on high alert and hope our culprit dumps again. Once we come out with the information on how to protect ourselves from danger, our culprit is not going to dump and it won’t matter how many people are watching for them.”

  “But if it goes public, we may get a whistleblower.” Tawny adds her own thoughts.

  “That’s true,” Billy sees a hole in her theory, “except, I’m guessing this is something only a limited number of people know is occurring. Otherwise, we may have already gotten word from an anonymous source.”

  “Unless they don’t know that what they’re doing is wrong,” Nick says.

  “How can anyone be that dense these days?” Billy shoots back.

  “I don’t know, Billy,” Ken interjects as he paces across Billy’s pristine office carpet. He is the only one on the floor that has new carpeting. The perks of being Billy Solomon. “Nick may have something. Unloading sludge in the Lake may seem like a better idea than filling up a land fill. They may think it breaks up and dissolves it instead of it just piling up and hardening. Your average chrome-plater doesn’t have a full understanding of the dangers of chromium 6,” Ken defends the newest partner.

  “I still think they’ve got to know how wrong it is. I mean there are regulations. They have to know those.” Billy does not understand where his people are going.

  Ken clarifies his point. “I’m not saying they don’t know it isn’t wrong. They may just not understand the harm involved.”

  “They’re probably doing this to cut costs or they can’t figure out where else to put the stuff,” Nick continues.

  Billy stops his own pacing and waves his arms out in front of him. “It’s negligence. It’s wrong and it’s illegal. I’m not sure where the two of you are going but we have to find out who is dumping and stop them. I’m not that concerned with why they’re dumping. If they don’t know any better, then they should. Ignorance is no defense to the law, as we all know,” Billy reminds them.

  “Billy, I don’t want to create this massive villain for everyone to hate. I want to find who’s dumping, of course, but then stop them, clean up the mess and move forward. You’re looking for a target to pulverize. We need to find out who is dumping and why. The why is important to the agency and to me,” Ken counters his brash attorney.

  “Fine but the public always wants someone to blame. If you don’t give them the evildoer, they’ll make their own. That could be disastrous. This will end whatever company is doing it. There’s not much you can do to protect a culprit that risks the entire city without regard for safety just so they can save a few bucks. You all need to get real about this.” Billy’s been in the business long enough to know how public perception will turn.

  Ken is not about to let Billy start a war without thinking through the consequences. “I’d like to find out the who and the why before setting them up as the wicked company who doesn’t care about people. That’s what I’m saying. Don’t create this villain before we actually have one.”

  “Understood but Ken, you have to be real about this, you know. We have to be ready for an onslaught of angry people. They’ve been drinking this water for two, maybe three years. They’re going to be upset and they’re going to blame all their physical ailments on the intake of their drinking water. No one is exempt. Unless you’ve only used bottled or filtered water for drinking, cooking, bathing, watering, whatever else I’m missing, you’re going to feel affected. Tawny has already mentioned her own use several times. If she’s concerned, everyone will be.” Billy says it like it is.

  Ken is not willing to give up just yet and Tawny is enthralled with the back and forth discussion between the two men. “Okay, I guess you’re right but there should be some middle ground.”

  “I will not create an imaginary villain for everyone to hate before we know who it is. As I stress the importance of taking precautions, I will also assure the public that all legal means will be utilized to stop the dumping and that all clean-up measures will be taken,” Billy compromises.

  Ken takes a swig of his water. “I’m good with that.”

  Having finished the intense discussion with their client, Tawny is ready for a break. Billy knows how to control even against a man who is incredibly prestigious in his field. Ken is the best environmental engineer in the country and has the honors and awards to prove it. No one can better him. Billy depends on him for the high profile cases but Billy won’t succumb to the pressure when he knows he is right.

  “Back to work you two.” Billy points in Nick’s and her direction. “Tawny, research every chrome-plating company in and around the city. Find out anything you can about them that might make them suspect. Nick, take Tawny’s information and start creating questions we need answered.”

  “Will do.” Nick is still following Billy’s orders. It will take both of them some time to adjust to Nick’s new partnership.

  Stopping in Nick’s office, the two rehash a few facts and Nick is feeling much better about his situation with Ken’s cases. Not only is he a partner now but he did contribute to the conversation and held back enough not to impose himself on the huge client. That Ken adores Tawny is no secret but he is a good guy and he will work with Nick just as much as he will work with her. It is clear they think alike and that is an asset she has but Nick has proven himself over and over with Billy. That should count for something.

  Walking back to her office, she refuses to look into Brandon’s office. It is difficult to break the habit but she makes it. Dropping her legal pad on her desk ready to begin the task of researching for the big case, she is surprised to find a memo in her inbox.

  Plucking it out, she sees it is from Brandon. A cold, blunt, short assignment memo telling her to research a mundane topic for him and prepare a three page memo by the end of business tomorrow. There is no context to the topic so she has no idea what the case entails. It is grunt work at its finest and there’s a deadline; one she cannot meet because she must researc
h the monster case bringing in the huge fees.

  Unsure what to do, she sits down and analyzes her options. No way can she do both even if she starts right now and works straight through tomorrow. And that is not going to happen because if anyone has to have sleep to perform it is Tawny. So what to do?

  She could go talk to Brandon but after their earlier conversation this morning, she is not quite sure that is the best alternative. Going to Billy again makes her look like she is running to the boss to make a decision she should be able to make. That brings her back to Brandon.

  While rehearsing what she is going to say, she suddenly remembers Rebecca. Rebecca is the perfect person to bounce her idea off of. Messaging her to see if she has a few minutes, her former manager immediately tells her to come over. Hoping Brandon does not see her leave, she never looks to find out if he spies her walking down the hallway.

  “Thanks for taking the time to talk to me,” Tawny states as she steps inside the plush room.

  “Of course, come in.” Rebecca appears to be so much happier these days. It is amazing what a move down the hall can do for a person’s disposition.

  Admiring Rebecca’s new office, she closes the door and explains her position. Rebecca agrees Tawny must talk to Brandon but appease him to an extent that makes him feel like he is in charge. Rebecca suggests she present her dilemma to the partner and ask him how she should handle the work. She can only do one assignment at a time and Billy is expecting the information be done immediately so that Nick can take it and do his own work on the matter.

  Collecting all her nerves and trying to find her suddenly lost confidence, she enters Brandon’s office and asks if she can speak to him for a few moments. He beckons her to sit across from him. In a flicker of enlightenment, she understands that he is upset that she has so much power in this department without paying the proper dues. He wants to put her in her place so he can feel better about himself. As this revelation flashes in her mind, she quickly decides to let him win this one. It will pay dividends in the future, she is sure of it.