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(UPDATE: Though we’ve not yet had a chance to review it, here is a PDF copy of the official complaint – not yet including exhibits.)
(UPDATE II: Complaint now also available for download with exhibits)
While we’re working to obtain a copy of the official complaint, here’s what we know so far:
- On July 4, 2009, Laura J. Jones, through her attorneys, filed a lawsuit against the the federal government claiming that her health problems, including non-hodgkins lymphoma, resulted from toxic water at Camp Lejeune. A nice touch, we think, filing suit against the government on Independence Day.
- The suit was filed under authority of the Federal Tort Claims Act. The act allows citizens to sue the federal government in court for money based on “personal injury or death caused by caused by the negligent or wrongful act or omission of any employee of the Government.” (28 U.S.C.A. § 1346(b))
- The official title of the case is Laura J. Jones v. United States of America, case number 7:2009cv00106 7:09-cv-00106-BO.
- The case was filed in the Eastern District Court of North Carolina and was assigned to Judge Terrence W. Boyle.
- The case is filed on behalf of Jones as a single plaintiff with additional cases expected to be filed in the future. No news on whether a class action filing is expected.
- According to a news report from NBC17 in North Carolina:
The suit says the government knew for at least five years that chemicals such as tetrachloroethylene, trichloroethylene, dicloroethylene, vinyl chloride and benzene contaminated the water supply in high doses, but let the wells stay open.
Lawyers say the toxic water led to cancer and other health problems.
[...]
The suit contends that if the military had followed its own regulations that had been in place since the 1950s, the contamination would not have happened.
- According to a CBS News 9 report, Jones lived on the base from 1980 to 1983 and was diagnosed with Non-Hodgkins Lymphoma 20 years later.
- Jones’s case will rely, in part, on military documents that outline the military’s policy for maintaining a safe water supply.
- Jones currently lives in Iowa and suffers from fibromyalgia and immune disorders. She was not well enough to attend the Monday’s press conference announcing the lawsuit.
Below is a video containing excerpts from the press conference, provided courtesy of NBC17:
The Journal Gazette of Fort Wayne, IN reports:
Nearly five years after toxic chemicals were found moving toward a middle school, the company causing the contamination has a plan to clean it up.
Wayne Metal Protection, 1511 Wabash Ave. [see map], reported polluting the soil and groundwater to Indiana’s voluntary cleanup program in the fall of 2004, but consistently missed state deadlines for investigating the extent of the contamination and forming a cleanup plan. The metal-plating company sits a few hundred feet away – and uphill – from Memorial Park Middle School, and the plume of contamination extends toward the school.
[...]
Decades of metal coating at the site have left the soil and groundwater contaminated with chlorinated solvents, which move easily in groundwater and then evaporate as a gas up through the soil.
The chemicals Wayne Metal Protection found in the soil and groundwater – tetrachloroethylene and trichloroethylene – have been linked to numerous health problems including spontaneous abortions, menstrual disorders, altered sperm structure and reduced fertility, miscarriages and developmental problems. They have also been connected to kidney and liver problems, can affect the nervous and immune systems and have been linked to kidney, liver and cervical cancer, according to the federal Agency for Toxic Substances and Disease Registry.
In addition, the company later reported it had found cyanide, arsenic, lead and chromium at the site, as well as vinyl chloride, which is so dangerous the U.S. Environmental Protection Agency says there is no safe level of exposure.
Though the firm has submitted a plan, it will still need technical review by IDEM and a public comment period, a process that could take several more months.
Read more.
And that number appears to be climbing. From today’s St. Petersburg Times:
Scientists studying drinking water contamination at Camp Lejeune were startled when 11 men with breast cancer and ties to the North Carolina base were identified over the last two years.
Six more have been found in one week.
Five additional men with breast cancer and a sixth who had a double mastectomy after doctors found precancerous tumors contacted the St. Petersburg Times last week after reading a story about the 11 men with the rare disease.
“This male breast cancer cluster is a smoking gun,” breast cancer survivor Mike Partain said on Friday. “You just can’t ignore it. You don’t need science to tell you something is wrong. It’s common sense. It begs to be studied.”
[...]
Male breast cancer is exceedingly rare. Just 1,900 men are expected to be diagnosed with breast cancer this year compared with nearly 200,000 women, the American Cancer Society says.
A man has a 1-in-1,000 lifetime chance of getting the disease.
Men who get it are often over 70, though it is rare even in older males. Of the 17 men identified by Partain and the Times, just three are over 70 — the youngest was Partain at 39 — and many have no family history of breast cancer, male or female, according to interviews.
[...]
If you or a family member lived at Camp Lejeune in North Carolina and have been diagnosed with male breast cancer, the St. Petersburg Times is interested in talking to you. Please call reporter William R. Levesque at (813) 269-5306 or toll-free at 1-800-333-7505, ext. 5306.
Anyone who lived or worked at Camp Lejeune in 1987 or before can register with the Marine Corps for a health survey. To register or to get more information, visit https://clnr.hqi.usmc.mil/clwater/ or call (877) 261-9782.
Partain’s comment refers to a highly-questionable report proffered recently by the National Academy of Sciences which ignored significant available evidence and reached suspiciously preposterous conclusions including, amongst others, that further study of the poisoned population at Camp Lejeune should be both limited and discounted.
Read the full story here.
From The McDowell News (NC) approximately one month ago:
For over a year now, McDowell County’s Omar McCourry has been digging into the history of Old Fort industry and of environmental protection in the community.
Spurred by the tragic death of his brother, Curtis, to brain cancer in 2004, he learned that his brother’s illness was not unique in Old Fort, despite the condition’s relative rarity among the greater population.
Word of mouth led him to suspect that an alarming number of folks in Old Fort had succumbed to the same illness. He has been lobbying public health officials to investigate ever since.
[...]
In 1989, more than 100 barrels of industrial waste were located buried on the site of the former Old Fort Finishing. These were excavated and found to contain dozens of chemicals as well as metals including lead, mercury, arsenic. EPA documents McCourry obtained said that 70 of the barrels had been crushed or decayed when they were unearthed.
The article notes that residential well water samples have detected TCE and PCE at levels exceeding federal safety thresholds for at least 20 years. The article fails to mention that scientists and health agencies worldwide have long-since established that TCE and PCE are neurotoxic and cause cancer.
Not only do local health officials appear typically disinterested, but a local Senator has decided to participate in what feels like an ongoing, nationwide charade:
As McCourry had been told when he brought his findings to the attention of state authorities, in any given population group, if they live long enough, a great number of them would be diagnosed with cancer. It is very difficult, they said, to identify a “cluster” of cancer cases that might indicate a pattern, or implicate an environmental toxin.
Senator Joe Sam Queen echoed that theme in his comments to The McDowell News.
“Cancer is a condition that touches every family eventually,” he said. “We are all interested in a situation that may involve or jeopardize the health of children.
Translation: People die, suck it up.
The Senator’s comment is one that we hear frequently, and it remains a transparent excuse for inaction. The Senator and local/state health officials should give this matter the attention it deserves rather than idly hiding behind their stuff happens party line.
Edit: Thanks to Jill for the tip.
This just in. We’re getting more details, will have update next week:
FOR IMMEDIATE RELEASE — LAWSUIT TO BE FILED REGARDING CAMP LEJEUNE WATER CONTAMINATION
The law offices of Anderson Pangia & Associates, PLLC (offices in Washington, D.C. and Winston Salem, North Carolina) and Smorto, Persio, Webb & McGill (of Ebensburg, Pennsylvania), will file on Monday July 6 a lawsuit arising from the toxic drinking water contamination at Camp Lejeune. The lawsuit alleges that the United States Government, through agents within the Department of Defense, knowingly exposed hundreds of thousands of Marines, sailors, their family members, and civilian employees to highly contaminated drinking water on the base at Camp Lejeune, while at the same time actively disseminating disinformation to those exposed in an effort to minimize the significance of the exposure.
The complaint, to be filed in federal court in the Eastern District of North Carolina, attaches numerous documentary exhibits in support of its allegations that the government knowingly, recklessly and/or negligently violated its own standards, rules and regulations by permitting the exposure to continue after the government was specifically warned the drinking water was “highly contaminated with . . . solvents!” and advised that “these appear[] to be at high levels and hence more important from a health standpoint. . . ” The lawsuit will allege that the Department of the Navy had regulations in place as early as 1963 which prohibited the contamination and which would have averted it had those regulations been obeyed; subsequently in 1974 the Commanding General of Marine Corps Base Camp Lejeune, North Carolina put in place additional regulations governing the proper disposal of the very same chemicals which were discovered later to be contaminating the drinking water; had these regulations been obeyed, the contamination likewise would have been prevented. This same 1974 base order declared these “organic solvents” to be hazardous, the lawsuit states.
Many scientists have called the drinking water contamination at Camp Lejeune the worst in the nation’s history. The contaminated drinking water was consumed by an estimated one million people.
The lawsuit will allege that exposure to the toxins caused numerous health problems including cancers, reproductive disorders and birth defects, among other maladies.
Joseph Anderson, Michael Pangia and Kevin Persio, the lawyers responsible for filing the suit, will answer questions of the media at a press conference to be held in front of the North Carolina State Capitol building, 1 East Edenton St. Raleigh, NC 27601 at 1:30 p.m. on Monday July 6, 2009. Call (336) 414-7958 for more information.
We received this statement by email Wed evening (emphasis ours):
Statement in response to National Research Council report on Camp Lejeune:
We are disappointed and dismayed at the report titled, “Contaminated Water Supplies at Camp Lejeune – Assessing Potential Health Effects,” released by the National Research Council (NRC) on Saturday, June 13, 2009. This report was two years in preparation by scientists, many of whom we know and respect, that reached puzzling and in some cases erroneous conclusions. We are aware of the complex situation regarding availability and access to data, and each of us has participated in committees advising the Agency for Toxic Substances and Disease Registry (ATSDR) about how to move forward with health studies. It is our view that the Marines and their families who were exposed to dangerous chemicals in the Camp Lejeune drinking water over several decades deserve to know if this exposure has had an effect on their health. The most direct way to assess this is to conduct valid epidemiologic studies of those who lived or worked there, and we urge ATSDR to continue their efforts to carry these to conclusion. The overall judgment about the impact of the chemicals on health can then be informed both by the general scientific literature the NRC reviewed, plus findings from directly relevant studies of the exposed population.
Specific areas where we disagree with the NRC report include their assessment of the water distribution modeling, their assessment of the risk caused by exposure to two of the principal contaminants (TCE and PCE), and the likelihood of conducting meaningful epidemiologic studies in this setting. We view the water modeling undertaken by ATSDR and its consultants as “state-of-the-art” and worth carrying through to completion so that it can be used in the on-going and proposed health studies. There may be uncertainties about specific levels of exposure for individual households or people, but these can be described in the study results. We also agree with the National Toxicology Program that TCE and PCE are “reasonably anticipated to be human carcinogens” and reject the characterization of the evidence as “limited/suggestive” as presented in the NRC report. We note that this characterization of solvent mixtures actually steps back from previous work done by the National Academy of Sciences Institute of Medicine in 2003. Finally, we disagree with the thrust of the NRC report that it is unlikely that scientifically informative epidemiologic studies of the Camp Lejeune population can be done. The NRC doubts that “definitive” answers can come from any study, but this sets the bar too high – no one study can provide definitive answers, and all studies must be considered in the light of other scientific evidence. From our experience in other settings, we believe that useful studies of the Camp Lejeune population are possible and furthermore that the Marines and their families deserve our government’s best efforts to carry them out.
For these reasons, we urge the ATSDR to consider this particular NRC report in the context of other expert advice they have received during the past decade and the competent work already done by agency staff. Since the NRC report is at such variance with the recommendations of other water modeling and epidemiologic experts, we believe it should not stand as the final word.
Sincerely,
Ann Aschengrau, Sc.D., Professor, Associate Chair of the Department of Epidemiology, Boston University School of Public Health
Richard Clapp, D.Sc., MPH, Professor, Boston University School of Public Health
David Ozonoff, MD, MPH, Professor and Chair Emeritus of the Department of Environmental Health, Boston University School of Public Health
Daniel Wartenberg, Ph.D., Professor, Environmental and Occupational Medicine, Robert Wood Johnson Medical School
Sandra Steingraber, Ph.D., Scholar in Residence, Ithaca College
The following press release was issued yesterday (emphasis ours):
HAGAN WANTS A CONCLUSION TO THE ONGOING CAMP LEJEUNE WATER CONTAMINATION ISSUE
Tuesday, June 16, 2009
WASHINGTON, D.C. – US Senator Kay R. Hagan (D-NC) issued the following statement reacting to a new National Academy of Sciences (NAS) study on water contamination at Camp Lejeune. The study, released Saturday, concludes that while there was water contamination at the Jacksonville Marine base, additional research is “unlikely to determine conclusively whether Camp Lejeune residents were adversely affected by exposure to water contaminants.” Hagan, a member of the Senate Armed Services Committee, has been very active in working to determine whether the Navy and Marine Corps should have handled water contamination at Camp Lejeune differently.
“The NAS study released Saturday is simply a review of previous scientific literature on hydrocarbon solvents, reports on Camp Lejeune water contamination, and published epidemiologic and toxicological studies,” said Hagan. “However, it failed to take into account the conclusions of previous epidemiological studies that found an association between volatile organic compounds (VOCs) exposures and childhood leukemia, and presents some direct contradictions to the EPA’s maximum containment levels of VOCs in drinking water. Moreover, the NAS study barely mentioned benzene and vinyl chloride and severely downplays the established links between adverse health effects and exposure to VOCs that were present in the water at Camp Lejeune. For these reasons, I cannot stand behind the validity of the NAS study.
The NAS study neglected to address key historical documents, also omitted in previous studies, regarding verified high levels of benzene found in an operating well on July 6, 1984 in the Hadnot Point water system and the 1979 leak of 20,000-30,000 of fuel at the near-by Hadnot Point fuel farm.
“The resolution of this issue cannot be held hostage to additional scientific studies that may not tell us anything more than we already know. The time has come for Congress, the Department of the Navy, and the Marine Corps to work together to develop a plan to resolve the longstanding issue of water contamination at Camp Lejeune. We already know that exposure to VOCs in drinking water is linked to adverse health effects,” Hagan continued. “While it is important that we allow the Agency for Toxic Substances and Disease Registry to complete its water modeling simulation and pending epidemiological studies for personnel and residents affected at Camp Lejeune, ongoing work on these simulations and studies need not foreclose action by Congress and the administration to reach an appropriate resolution.”
Last week, Hagan sent a letter to the Navy along with Senator Richard Burr (R-NC) asking 14 detailed questions to determine if there was prior knowledge of TCE (trichloroethylene), PCE (perchloroethylene), benzene, and vinyl chloride in the water supply before the wells were shut down. The Navy and Marines Corps have until June 25th to respond. Hagan and Burr plan to meet with the Navy Secretary Ray Mabus to address these questions and the conclusions of the NAS study before August.
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The Walt Disney Co. has been sued by several groups of plaintiffs for dumping wastewater and contaminating Polliwog Park and the surrounding area with Chromium 6, TCE, and PCE.
As their attorneys shuffle between four similar lawsuits that allege the Walt Disney Co. has for decades contaminated groundwater with cancer-causing chromium 6 and other toxic chemicals, stories of ill health from the plaintiffs are beginning to emerge.
In the latest lawsuit, filed last week in Los Angeles Superior Court by the Sacramento-based firm Kershaw Cutter & Ratinoff LLP on behalf of 16 people with strong ties to the Rancho District, the plaintiffs claim Disney dumped wastewater contaminated with hexavalent chromium from its on-site cooling systems down the centerline of Parkside Avenue, toward Parish Place and across Riverside Drive into the so-called Polliwog, an 11-acre parcel near the studio’s Imagineering facilities.
“The water, without warning, would rush down like a flood,” said resident Bob Bell, who in 1945 paid $25,000 for his home at the corner of Parkside Avenue. “Water hopped the curb and flooded the streets for hours on end.”
The contamination was recently brought to light by Environmental World Watch, a party to one of the lawsuits. EWW claims that Disney has dumped air cooling water and the chemicals into curbside drains every day for the past 21 years.
Plaintiffs are seeking compensation for property damage caused by the contamination. No word yet whether any personal injury claims have been filed.
A report by the National Research Council, Contaminated Water Supplies at Camp Lejeune – Assessing Potential Health Effects, was released yesterday. Money quote:
The available scientific information does not provide a sufficient basis for determining whether the population at Camp Lejeune has, in fact, suffered adverse health effects as a result of exposure to contaminants in the water supplies.
[...]
[T]hese limitations cannot be overcome with additional study. Thus, the committee concludes that there is no scientific justification for the Navy and Marine Corps to wait for the results of additional health studies before making decisions about how to follow up on the evident solvent exposures on the base and their possible health consequences.
Though we’re not yet through the whole thing, the report appears to raise more questions than it answers — not so much about the exposed poisoned population at CL, but about the mindset, approach and conclusions of the NRC.
Andrea over at The Few, The Proud, The Forgotten has posted the the full report (PDF), as well as the report brief (PDF) and the executive summary (PDF).
We’ll be back with thoughts and questions once we trudge through the full report…stay tuned.
Like Mike Partain, Bill Smith is a male breast cancer survivor who was exposed to toxins at Camp Lejeune, NC. Bill was kind enough to share his story with us:
After graduating from Florida State University with a journalism degree, William J. P. Smith, Jr. served in the USMC from 1956 until 1959, stationed at Camp Lejeune, NC, the majority of the time with the Globe as sports editor and acting editor of the largest Corps newspaper at the time. While there, he married, residing at the trailer park on the base and later in Midway Park, while fathering two girls.
In 1994, Bill was diagnosed with breast cancer, and had a radical modified mastectomy with 30 lymph nodes removed from his left side. He was treated with Tamoxifin for five years, and has had no reoccurance. It should be noted that there was no history of any kind of cancer in the Smith family. His former wife and two girls have had no symptoms of the disease.
On behalf of women, Bill has been a fund raiser and is the subject of two books, Living with Breast Cancer, the Story of 39 Women and One Man by Perry Colemore and Lisa Adelsberger, and Messages from Somewhere, Inspiring Stories of Life After 60 by Harriet May Savitz. He has also written an autobiographical screenplay on his experience.
The irony of all of this is that Bill was part of the team at Xerox Corporation that introduced xeroradiography for the early detection of breast cancer in 1969 at Hutzel Hospital in Detroit. Every once in a while, he takes the press kit from his library shelf and shares it with his students, who find it hard to believe that men can contract the horrific disease.
Today, Bill resides in Tallahassee, FL with his wife Kathy, teaches at FSU and runs an integrated marketing communications consultancy, Huckleberry Finn Tomorrow.
There are now at least 4 men known to have developed breast cancer after exposure to toxins at Camp Lejeune. With fewer than 2,000 new cases of male breast cancer diagnosed each year, we wonder:
- What are the odds of finding 4 cases of male breast cancer from the same contaminated military base?
- How many other military men have developed breast cancer?
As we learn more, we’ll keep you posted.
Mike Partain is a breast cancer survivor. He was diagnosed years after his exposure to toxins at Camp Lejeune, NC. Tallahassee.com tells his story:
Poisoned at Camp LeJeune, snookered by Uncle Sam
Bill Berlow
Associate Editor
Mike Partain, son and grandson of Marine Corps veterans, grew up steeped in traditional American values — a rock-solid Reagan Republican whose life, even before birth, began among the few, the proud, at Camp LeJeune, N.C.
But for the past year, the 40-year-old Tallahassee insurance claims adjuster’s faith in his government has been shaken to its core.
He’d always assumed that Uncle Sam, first and foremost, had the health and welfare of U.S. citizens at the top of his priority list — especially if they’d worn the uniform.
Now he’s much less sure.
Partain’s crisis of doubt began a year ago, when his wife gave him “a hug that changed my life.” She found a lump, which turned out to be a cancerous tumor. A 14-inch surgical scar where Partain’s right breast used to be is the physical evidence of his breast cancer.
Less obvious is the psychological scar — both as a cancer survivor still undergoing treatment and as one who feels his government betrayed a trust.
Not long after he learned he had cancer, Partain found out that his recurring rash since birth and his breast cancer — rare among men, particularly those with no family history of the illness — probably stemmed from his exposure during fetal development and the first year of his life to water contaminated with tetrachloroethylene, a solvent used in dry cleaning.
Just two months after Partain’s wife felt the lump, the federal Agency for Toxic Substances and Disease Registry acknowledged that Marines and their families who between 1957 and 1987 lived in the LeJeune neighborhood where his family lived, drank water contaminated with extremely high levels of the carcinogenic chemical.
Partain and a network of former LeJeune residents who believe their serious health problems are due to the poisoning point out, however, that the government first knew of the contamination in the early 1980s — but did little or nothing to let the former Marines and their families know they were at risk.
“At this time last year, I was dying and I didn’t know,” Partain said. “The government knew I was dying and didn’t tell me. That burns me up.”
The LeJeune families can’t sue the feds, since the government hasn’t waived its sovereign-immunity protection. The military, meanwhile, is protected by the Ferris Doctrine, a 1950s-era ruling that protects the armed services from legal action by the men and women who serve — the idea being that if a soldier was wounded in battle because of a commanding officer’s dumb decision, the country would be worse off if the government had to battle personal-injury lawyers as well as foreign enemies.
I first met Partain in the fall of 2006, several months before his diagnosis. He was the adjuster for an insurance claim we filed. A former teacher from Winter Haven, where he grew up, he and I talked of his deep regret about having to give up teaching to support his wife and four children. That conversation even helped inspire a column about ex-teachers in November of that year.
Last year, after he told me his illness motivated his involvement in a crusade to reveal the truth behind the LeJeune environmental debacle, the Tallahassee Democrat reported his story on July 9, a few weeks after a congressional hearing on the LeJeune families.
A congressional investigation is still under way, and Partain has gotten help from U.S. Rep. Allen Boyd, D-Monticello, who called Partain’s story and that of other LeJeune families “deeply troubling, to say the least.”
Boyd’s office, which has tried to navigate the federal and military bureaucracies for Partain, said he is one of seven constituents in the congressman’s North Florida district who are seeking more information related to the LeJeune contamination.
Now Partain reluctantly acknowledges that he’s an activist, a word he’s still not comfortable with because of his conservative upbringing and beliefs.
When I likened the experience of the LeJeune Marine families to military victims of Agent Orange during the Vietnam War, Partain agreed.
“Defend, deny and delay,” he said, describing the government’s strategy in the face of claims that Agent Orange was responsible for a slew of veterans’ illnesses. “And that’s what they’re doing to us.”
Partain (strashni@comcast.net) was to share his story last night with vets at the American Legion post on Lake Ella. Even though he doesn’t realistically expect compensation from the government, it’s part of his personal commitment to spread the word about those exposed to the poison, estimated to number upwards of a million Americans.
It’s one more example of a government’s betrayal — always shocking, but, sadly, no longer surprising and, as Partain says, quickly forgotten.
The Deseret Morning News (UT) reports:
Drinking water supplies for tens of thousands of people near three active Superfund sites in the Bountiful and Woods Cross areas have been at risk or even polluted because of groundwater contamination.
The pollution is so bad that the federal government decided to join state regulators in directing long-term cleanup efforts of those sites.
Business owners who bought property in the affected areas, but were unaware that sources of contamination within the Superfund sites were beneath them, are expected to pay for removal of tainted soil and old polluting underground tanks that were put in long before they came along. Federal funds for cleanup are available for Superfund sites if they are active on the Environmental Protection Agency’s National Priorities List, but some property owners still pay.
Utah Division of Drinking Water director Ken Bousfield said last week that water suppliers in Bountiful and Woods Cross are, based on the most recent tests, providing clean drinking water. Bousfield also is aware of the plumes of contaminated groundwater in those areas and how test results can change.
“That’s why you monitor,” he said.
The EPA lists at least 14 active Superfund sites in Utah that are among the worst hazardous waste sites in the country. Two sites in the Woods Cross and Bountiful areas are active due to three plumes of groundwater polluted by chemicals used in the past by dry cleaners, automotive garages and other industry.
A third Superfund project on the EPA’s active National Priorities List is called the Intermountain Waste Oil Refinery site, located in Bountiful in the area of 995 South and 500 West. That site, listed in 2000 as a federal priority, has been deemed by the EPA as “under control” in terms of risk for human exposure to the chemical pollutants.
At one time, however, the Utah Department of Environmental Quality and EPA were looking into whether those who rely on the so-called East Shore aquifer for drinking water — about 68,000 people — were “potentially affected” by a release of dichloroethylene into the aquifer.
Woods Cross public works director Scott Anderson follows state and federal testing regulations, which call for sampling of two wells every three years. He said municipal drinking water in his city is safe, serving about 7,400 people.
“Safe as anywhere else in the country,” Anderson said. “I think it’s very safe.”
Still, Woods Cross shut down one of its four drinking water sources, which supplied half the city, due to contamination by tetrachloroethylene, which the EPA said consistently was above the Cancer Risk Screening Concentration. Karla Scott can see the well from her home, where someone representing Woods Cross showed up about five years ago asking to test her water.
“He said it was OK,” Scott said. “You just go on with your life and don’t worry about it.”
If she wanted to, Scott could take a water sample for testing to the Utah State Health Lab, which sometimes takes special individual cases on, or to the private Chemtech-Ford Laboratories in Murray. The state lab does rigorous testing for water utilities throughout Utah.
Anderson said a test in 2004 showed that one of the three remaining active wells in Woods Cross turned up traces of trichloroethylene (TCE), but not at a level unacceptable by federal standards.
Bousfield said that in a few past isolated cases elsewhere in Utah, contamination has been so bad in drinking water supplies that people could actually smell chemicals in the water. When that happens, he added, there is a potential for an immediate health risk.
“It’s such a rare occurrence,” he said, unable to come up with a specific example over the phone. “I’m sure they do exist.”
5th South Plume
One of two large plumes of polluted groundwater in the Bountiful and Woods Cross areas, defining one Superfund site, is bad enough that seven of 26 domestic wells in the affected area are believed to have been contaminated by chemicals at concentrations that exceed acceptable federal levels. The potentially cancer-causing chemicals connected to that site are perchloroethylene (PCE) and TCE.
The EPA calls those two plumes the Bountiful/Woods Cross 5th South PCE Superfund Site, a place the EPA has assessed as “Human Exposure Not Under Control.” Mario Robles, the EPA’s project manager over the 5th South site, federally listed as a priority in 2001, said last week that cleanup of those plumes migrating under about 450 acres could take about 15 years.
“Really, nobody knows — it could be more, it could be less,” Robles said on the phone regarding a remediation time line.
So far, the plume contaminated with PCE has made its way into two residential drinking water wells, with one homeowner accepting the EPA’s offer of being hooked up to municipal water without charge. The other homeowner, Robles said, is opting to rely on filters for clean drinking water, preferring its taste over city supplies.
“The issue is if they change it often enough,” Robles said about the filter. “We explained the risks to them.”
The remaining five of the seven affected domestic wells are used primarily for irrigation, and Robles said there is not a risk of human exposure to the polluted groundwater around those wells. State regulators don’t keep track of water quality in private wells.
The two plumes, located roughly in the area of 500 South and 800 West in Bountiful, are slowly moving west, and the area of impact could spread, increasing the potential for future exposure from ingesting contaminated groundwater or by inhaling vapors as people use the groundwater for irrigation, according to the EPA.
Robles said that as soon as next month the EPA will decide whether soil near the Bountiful Family Cleaners, in operation since the 1940s but under different ownership, is contaminated enough with PCE to warrant removal and replacing. If that happens, the current owners of the cleaning business may have to cover some of those costs. PCE has been a preferred chemical used by dry cleaners for decades, dating from long before more strict disposal standards for PCE were put in place.
Ronald Bangerter bought the business in the 1960s and now owns it with his eight sons. One son, Bryce, said he hopes Bountiful Family Cleaners won’t have to pay any more than the $100,000-plus it already has spent during the past six years on legal fees and to look for pollution under the property.
“Sleepless nights, gut-wrenching, worried, what’s going to happen to the business,” is how Bryce Bangerter describes those six years. “We’ve run a clean ship since the ’60s.”
Prior to Bangerter’s family owning the business, waste went into a septic tank that drained into a field. But it’s unknown, Bangerter said, if the tank is still underground.
Until cleanup of the two 5th South plumes begins, the EPA is checking eight monitoring wells around the 400-acre PCE plume and 13 monitoring wells around the 50-acre TCE plume to watch how and where they move. The EPA believes the TCE plume has not impacted any wells.
The EPA’s plans for cleanup of the two plumes includes drawing the groundwater out, cleaning it and putting it back into the ground. Another method being considered involves adding nutrients into the polluted groundwater to speed up a natural degradation process.
Five Points Plume
A second Superfund site in the area, which is known by the EPA as the Five Points PCE plume, is a third plume of contaminated groundwater. It is located in the area of approximately 1500 South and State Highway 106, and received its active Superfund priority listing just last year.
The EPA’s on-scene coordinator, Duc Nguyen, said Your Valet Dry Cleaners owner Jim Patterson paid just under $100,000 last year to remove 43 cubic yards of contaminated soil and an old 1,000-gallon underground tank that Patterson said was leaking “bad gasoline.” The irony is not lost on Patterson that he had to pay for removal of a contamination source that wasn’t even linked to the dry cleaning industry.
“We pretty much feel confident that we removed the source of contamination,” Nguyen said.
Excavation stopped, however, partly because of so many underground utility lines and the area’s proximity to busy streets. And Woods Cross shut down one of its four drinking water wells because of consistently high amounts of potentially cancer-causing chemicals showing up in tests. The EPA said that migration of the plume is likely to increase contamination in wells over time.
Nguyen added that the EPA does not yet know the size of the Five Points plume west of Patterson’s business, located just up the hill from Karla Scott’s home of 40 years. Although there is one old monitoring well a block away, and the EPA will be installing new monitoring wells in the coming year, at this point it’s unknown what the impacts are from that plume, which the EPA said contains PCE.
Patterson recalled two other dry cleaners near the old Five Points Mall that possibly could be held accountable for the Five Points plume, but he said they are no longer in business. Patterson bought his Bountiful location in 1963. The money he spent on testing and clean-up is not covered by insurance, although the expenses do qualify as a tax write-off.
“You don’t get much of a sympathetic ear, because you own the land, and who owns the land pays,” Patterson said. “If I could go back on who had the tank, I might seek recovery from them.”
Even though the Five Points plume got its official EPA priority listing last year, Patterson has been dealing with state and federal officials for about nine years, drilling and testing to see where and what type of contamination existed. It is all a result of a drinking water test years ago that found unacceptable levels of PCE present.
Your Valet now says on its Web site it is the first dry cleaner in Utah to offer a new process called GreenEarth Cleaning, which instead of PCE uses a silicone-based cleaning solution developed by General Electric in the 1990s. It is a modified liquid silicone similar to what’s found in cosmetics, shaving creams and deodorants that “will not pollute our water, soil or air.”
Patterson said only one of his six locations still needs converting to GreenEarth, at a cost of about $15,000. There’s no law that says he has to make the conversion, but it’s something he said he’s doing in good conscience.
“There’s not a lot more that I can do, short of tearing up the intersection and knocking the building down,” he said. “It’s expensive, and we’ve done what we can do. I hope it’s over.”
The South Florida Sun-Sentinel reports:
A dry-cleaning shop on busy U.S. 1 has been proposed as a federal Superfund site after tests found nearby soil and groundwater contaminated with hazardous chemicals.
An Environmental Protection Agency official said the site presents no immediate health risk, but Broward County’s pollution prevention chief said he isn’t so sure.
Flash Cleaners, at 4131 N. Federal Highway [map], polluted the ground with a variety of chemicals used in the dry-cleaning business, most likely through spills and disposal of waste through a septic system, according to the Environmental Protection Agency. Tests of soil and groundwater found concentrations of several chemicals exceeding federal safety standards, including dichloroethene, trichloroethene, tetrachloroethylene and vinyl chloride.
Although the shop still takes in dry cleaning, it no longer processes it on site.
Barbara Schuster, project manager for the EPA, said there’s no immediate danger to public health. Eight drinking-water wells, serving Hillsboro Beach and other portions of northern Broward County, are within a mile of the site. But Schuster said there is little danger to the wells because they lie northwest or southwest of the site and the groundwater flows east, away from the wells.
Jeff Halsey, Broward County’s director of pollution prevention and remediation, said there is not enough information to determine how much danger is posed by the underground spread of hazardous chemicals. Among the possible health effects of these chemicals are liver and kidney damage, neurological diseases and cancer, according to the federal Centers for Disease Control and Prevention.
“Until we can get an assessment done and know exactly where the plume is going, we’re going to be very, very concerned,” he said.
The exact cause of the contamination is unknown, although environmental inspectors documented unsafe practices at the shop, according to EPA records. They found machinery and waste containers on a bare concrete floor without secondary containment. Wastewater from the dry-cleaning work was discharged into an on-site septic tank, which caused contamination of soil and water, according to the EPA.
The Superfund program, established after the discovery of thousands of tons of hazardous waste in the Love Canal neighborhood of Niagara Falls, N.Y., takes on the most serious contaminated sites. Under the program, the EPA tries to find the parties responsible for the pollution and make them pay for cleanup. Failing that, the Superfund pays, although its funds have dwindled since the expiration of a special tax on industries that pollute.
The owners of the shop, John and Susan Ferrel, say they didn’t cause the contamination and can’t afford to pay for cleaning it up. They bought the store in 1977 after working there for a year, and they’ve worked there ever since. They said they disposed of the waste properly and have been forced to pay for a preliminary environmental study because a state inspector found a small amount of dry-cleaning chemicals at the bottom of an unused machine.
“Because of that one thing, we spent a lot of money over the years trying to do what the county wanted and what the EPA wanted,” Susan Ferrel said, speaking from their home in Sebastian. “We just can’t afford this. It will take all our retirement.”
The EPA will conduct a study of the site and figure out a cleanup plan. Among the most likely options are digging up the soil and taking it to a landfill or pumping up the water and treating it to remove the contaminants. It is unknown what will happen to the business.
The one-story, peach-colored shop stands just back from the noisy traffic of Federal Highway. An American flag hangs in the window. A sign in the door states that it is closed Monday. Behind the shop is the Beacon Heights neighborhood, consisting of small apartment buildings and one-story houses.
“This is the first I’ve heard of it,” said Bob Manko, standing on the porch of his house on Northeast 42 Street. “If there’s something bad there, it ought to be cleaned up.”
But he said he hoped a small business wouldn’t be harmed by having to spend an excessive amount, unless the cleanup is necessary.
“Common sense should prevail,” he said.
David Fleshler can be reached at dfleshler@sun-sentinel.com or 954-356-4535.
Though the meetings announced in this article have since passed (the article was originally dated March 10), this Rochester Democrat & Chronicle article highlights 3 separate site clean-ups that are under way:
Costly taxpayer-financed plans to address toxic-chemical contamination in residential pockets of northeast Rochester and central Brighton will be detailed at separate public meetings this week.
The state Department of Environmental Conservation has scheduled a meeting for Tuesday evening to discuss a $1 million proposal to remove tainted soil and take other steps to address contamination at a now-closed business at Fernwood and Portland avenues in northeast Rochester.
The DEC first learned in 2000 that Preferred Electric Motors had spilled solvents and other potentially harmful materials in the course of its work refurbishing electric motors. Trichloroethene (TCE), tetrachloroethene (PCE) and other solvents are contaminating groundwater near the former business, prompting the state to install ventilation systems in two homes to guard against the build-up of toxic vapors.
The proposed cleanup would remove about 450 cubic yards of contaminated soil and include steps to speed the degradation of solvents in the groundwater. The floor of the building, which is contaminated with cancer-causing polychlorinated biphenyls (PCBs), would be cleaned and sealed.
The building was purchased three years ago by a Greece carpet company that stores product there, according to the DEC.
On Thursday, another group of state officials will convene a meeting in Brighton to discuss a proposed $3.7 million plan to address a complicated PCE contamination problem underneath a section of Brighton just southeast of the Twelve Corners.
The solvent contamination there first came to light during investigation of a 2003 petroleum spill at a service station at the corner of Brooklawn Drive and Monroe Avenue. Officials first pointed the finger at Carriage Cleaners, at that same intersection, as the source of the PCE, a common dry-cleaning solvent.
Then last year, DEC said they had found high levels of PCE in soil and groundwater near a former Speedy’s Cleaners just across Monroe Avenue from the other two businesses. It also was identified as a likely source of the solvents. Vapor ventilation systems had been installed in at least 11 structures to address petroleum vapors. PCE vapors prompted installation of systems in three residential and one commercial building.
As part of its long-term cleanup plan, the environmental agency now proposes to install systems that would extract both air and groundwater from below the surface for treatment to remove any solvents. About 720 cubic yards of tainted soil also would be excavated.
Both central Brighton and northeast Rochester are served by public water, meaning no one should be drinking the contaminated groundwater. But in recent years, officials have recognized that solvents can evaporate underground and rise through the soil — and can, in some cases, the vapors can accumulate inside homes or businesses above.
Both TCE and PCE may cause cancer or other serious health problems in people exposed to high levels. The affects of low-level exposure are less clear — but the DEC and the state Department of Health have given special attention in recent years to possible intrusion of solvent vapors.
Both cleanup projects would be paid for with money from New York’s Superfund, which finances work at hazardous waste disposal sites when the responsible parties do not step in. The DEC’s written cleanup proposals, provided by the agency Friday, indicated that companies judged responsible for the Rochester and Brighton contamination have declined to pay for the work. The DEC may pursue legal action against them to recover its costs, the proposals said.
Residents of the neighborhood affected by the petroleum and PCE spills in Brighton filed a civil suit in 2004 against the companies that owned the service station and the two dry cleaners, as well as the town of Brighton.
The plaintiff’s lawyer, Alan Knauf, could not be reached for comment late Friday. But a January letter from Knauf in the case file in U.S. District Court said the plaintiffs had reached a settlement agreement with all the defendants except for Speedy’s.
According to this recent EPA Press Release:
St. Louis Park, Minn., Vapor Intrusion Study Update Meeting March 19
U.S. Environmental Protection Agency Region 5 will host a public meeting to update residents on findings of the vapor intrusion study being conducted in the vicinity of Highway 7 and Wooddale Avenue. The meeting will be 7 p.m., Wednesday, March 19 at the St. Louis Park Rec Center, 3700 Monterey Drive, St. Louis Park, Minn.
Vapors from volatile organic compounds, or VOCs, have been found in some area ground water and could get into homes and commercial buildings. EPA has screened about 250 St. Louis Park properties since December. A Web site is at http://www.epa.gov/region5/sites/stlouispark/index.htm
Officials from partner agencies are expected at the meeting. Partner agencies include Minnesota Pollution Control Agency, Minnesota Department of Public Health, Hennepin County and the city of St. Louis Park.
For more information or special accommodations at the meeting, contact EPA community involvement coordinator Don de Blasio, 800-621-8431, Ext. 64360 (weekdays 9 a.m. – 4:30 p.m.) or deblasio.don@epa.gov.
SOURCE U.S. Environmental Protection Agency Region 5
After finding cause for concern in previous tests, the St. Louis Park (MN) vapor intrusion investigation expands:
Expanding the search for potentially hazardous vapors in homes and businesses in St. Louis Park, the Environmental Protection Agency said Wednesday that it will add about 50 properties to its study area on both sides of Hwy. 7 near Wooddale Avenue.

[...]
The main chemicals of concern, trichloroethylene and perchloroethylene, have been used for decades as industrial degreasers, metal cleaners and dry-cleaning fluids and seeped into the groundwater under St. Louis Park. Long-term exposure to them at certain levels has been linked to cancer, liver disease and other problems, according to state health officials.
[...]
EPA officials will go door-to-door this Saturday to explain the situation to those living in the expanded study area, and to seek their permission to take air samples. The testing involves drilling a small hole in the basement and inserting a 2-foot probe about the width of a pencil.
The initial study area contained about 270 homes and businesses, and the EPA received permission from owners to test vapors beneath 214 of the buildings. Of that number, 32 homes and eight commercial buildings were found to have enough contamination to justify more testing to check air in different rooms and for longer periods of time.
Read more here.
According to the Star Tribune (MN):
[EPA w]orkers are testing the air inside 40 homes and businesses in St. Louis Park after chemical vapors were discovered in the soil under their basements, the U.S. Environmental Protection Agency said Wednesday.
Those properties were among more than 200 homes and businesses that were checked for potential risk from underground solvent contamination.
[...]
Each of the 40 properties will be visited by a mobile lab, [EPA's "on-scene coordinator, Sonia] Vega said. Technicians are going room to room in the homes, using special hoses to pump air into the lab to see whether the vapors are present in high concentrations. They will also leave 24-hour sampling canisters in each building to test the air in the basement and first-floor levels.
The main chemicals of concern, trichloroethylene and perchloroethylene, have been used for decades as industrial degreasers, metal cleaners and dry-cleaning fluids. Long-term exposure to them at certain levels has been linked to cancer, liver problems and other adverse health effects, according to state health officials.
[...]
The properties being tested are on both sides of Hwy. 7 near Wooddale Avenue. By last week, workers had pulled air samples from beneath the basement floors of 184 residences and 29 commercial or industrial buildings.
Vega said the vapors measured beneath the 32 homes and eight commercial buildings ranged from slightly above health guidelines to more than twice what is considered safe. The buildings with the higher vapor concentrations in their soils were clustered, Vega said, but she could not provide more details until the test results are completed and mapped.
Read the full story here. In a previous article, the Star Tribune posted a map of the evaluation area:

See below for the Star Tribune’s previous coverage of this story:
President Bush recently signed the Defense Authorization Act for Fiscal Year 2008. In doing so, he approved a provision requiring notification to marines, families, and employees who may have been exposed to contamination at the base. The language of the bill provides:
SEC. 315. NOTIFICATION
OF CERTAIN RESIDENTS AND CIVILIAN EMPLOYEES AT
w:st=”on”>CAMP LEJEUNE, NORTH CAROLINA,
OF EXPOSURE TO DRINKING WATER CONTAMINATION.
(a) Notification of Individuals Served by Tarawa
Terrace Water Distribution System, Including Knox Trailer Park- Not later than
1 year after the date of the enactment of this Act, the Secretary of the Navy
shall make reasonable efforts to identify and notify directly individuals who
were served by the Tarawa Terrace Water Distribution System, including Knox
Trailer Park, at Camp Lejeune, North Carolina, during
the years 1958 through 1987 that they may have been exposed to drinking water
contaminated with tetrachloroethylene (PCE).
(b) Notification of Individuals Served by
class=SpellE>Hadnot Point Water Distribution System- Not later than 1
year after the Agency for Toxic Substances and Disease Registry (ATSDR)
completes its water modeling study of the Hadnot
Point water distribution system, the Secretary of the Navy shall make
reasonable efforts to identify and notify directly individuals who were served
by the system during the period identified in the study of the drinking water
contamination to which they may have been exposed.
(c) Notification of Former Civilian Employees at
Camp Lejeune- Not later than 1 year after the date of
the enactment of this Act, the Secretary of the Navy shall make reasonable
efforts to identify and notify directly civilian employees who worked at Camp
class=SpellE>Lejeune during the period identified in the ATSDR drinking
water study of the drinking water contamination to which they may have been
exposed.
(d) Circulation of Health Survey-
(1) FINDINGS- Congress makes the following findings:
(A) Notification and survey efforts related to the
drinking water contamination described in this section are necessary due to the
potential negative health impacts of these contaminants.
(B) The Secretary of the Navy will not be able to
identify or contact all former residents and former employees due to the
condition, non-existence, or accessibility of records.
(C) It is the intent of Congress that the
Secretary of the Navy contact as many former residents and former employees as
quickly as possible.
(2) ATSDR HEALTH SURVEY-
(A) DEVELOPMENT-
(i) IN GENERAL- Not
later than 120 days after the date of the enactment of this Act, the ATSDR, in
consultation with a well-qualified contractor selected by the ATSDR, shall
develop a health survey that would voluntarily request of individuals described
in subsections (a), (b), and (c) personal health information that may lead to
scientifically useful health information associated with exposure to
trichloroethylene (TCE), PCE, vinyl chloride, and the other contaminants
identified in the ATSDR studies that may provide a basis for further reliable
scientific studies of potentially adverse health impacts of exposure to
contaminated water at Camp Lejeune.
(ii) FUNDING- The Secretary of the Navy is
authorized to provide from available funds the necessary funding for the ATSDR
to develop the health survey.
(B) INCLUSION WITH NOTIFICATION- The survey
developed under subparagraph (A) shall be distributed by the Secretary of the
Navy concurrently with the direct notification required under subsections (a),
(b), and (c).
(e) Use of Media To Supplement
Notification- The Secretary of the Navy may use media notification as a
supplement to direct notification of individuals described under subsections
(a), (b), and (c). Media notification may reach those individuals not
identifiable via remaining records. Once individuals respond to media
notifications, the Secretary will add them to the contact list to be included
in future information updates.
Congratulations to all of those who helped make this happen.
From Friday’s Midhudsonnews.com:
East Fishkill – The New York Vapor Intrusion Alliance has been formed with members across the state. It was spearheaded by Debra Hall, an East Fishkill resident who has been fighting for clean water and clean air after her house was found to be contaminated.
The group’s primary purpose is public awareness of the problems surrounding vapor intrusion, said Hall.
“We basically want people to recognize vapor intrusion, know that it’s a real health problem, and there needs to be legislation that is going to protect people for it,” she said. “Now that we know that it’s here, who knows how long people have been breathing in vapors with TCE and PCE and all these other chemicals that volatize?”
Hall and members of the group will be meeting with state lawmakers and DEC officials next week to push for legislation that would require landlord notification when dealing with environmental investigations and testing, and a private well testing law.
UPDATE: There’s more on the NYSVIA in this Dec. 29, 2007 Ithaca Journal article:
Broome County, with more than 700 properties affected in Endicott, the Town of Union, Vestal, Binghamton and Hillcrest, is among the largest stakeholders in the TCE regulatory process, said Bruce Oldfield, a Hillcrest resident and Broome Community College professor. He is co-chairing the group, called the New York State Vapor Intrusion Alliance, representing citizens groups from nine areas throughout the state. Debra Hall of Hopewell Junction in Dutchess County, is a co-chair.
TCE has also been detected in parts of the South Hill section of Ithaca.
Coalition members plan to meet with lawmakers in Albany in January, Oldfield said. They are pushing for simple and uniform rules that prohibit trichloroethylene (TCE) in indoor air.
“There seems to be a wide discrepancy in how they (state health and environmental departments) approach these sites,” Oldfield said. “That is troublesome.”
There’s a decades-old plume of TCE and PCE in Chico, CA that migrated nearly two-miles from its source and has contaminated residents’ well water for years:
The Skyway plume was discovered when area residents asked for wells to be tested because they were concerned a nearby tank farm might be leaking petroleum-based contaminants into their groundwater. Instead, unacceptable levels of chlorinated solvents were found and traced back to an operation that manufactured aluminum shower enclosures on Speedway Avenue from 1962 until 1976.
Preliminary tests revealed the contamination extends about two miles from its origin, flowing under Skyway and Cessna avenues and ending along Hegan Avenue near the Chico State University farm. [see map]
Just this week, ABB, the company being “held responsible for clean-up costs,” agreed to pay for 63 residential hook-ups to the water system run by California Water Service Company (a.k.a. Cal Water). Meanwhile, the investigation into the overall size of the plume continues.
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