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KVAL Channel 13, a CBS station in Eugene, OR, has the following story posted on their website:
From 2004 to 2006, air samples were taken from homes in the Trainsong area. The results showed crawl-spaces filled with high amounts of cancer-causing agents from tainted groundwater.
Precautionary measures were taken for those homeowners. Now comes the task of determining if those measures worked.
“I didn’t know there was a problem until last year,” said Trainsong resident, Glenda Carroll.
Carroll lived in the Trainsong neighborhood with her husband for almost twenty years. She says he died last last January from kidney failure.
“They say kidney failure is one of the things that this causes. I can not tell you how many cats I’ve had that have died of kidney failure in this house,” said Carroll.
Carroll lives in one of ten homes being tested for the presence of the chemicals TCE and PCE.
Officials reportedly believe the contamination came from Union Pacific Railway maintenance that was conducted across the street from the affected area. For the rest of the story, see here.
In a recently launched blog, Robert J.O’Dowd is calling on the Marine Corps to warn all those stationed at MCAS El Toro that they may have been exposed to toxic levels of TCE and PCE while stationed at the base:
The Marine Corps takes great pride “in taking care of its own.” Marines who were attached to Marine Wing Support Group 37 at former MCAS El Toro are at risk for potential exposure to toxic chemicals as a result of the contamination of the soil and groundwater. These Marines may have been exposed to trichloroethylene (TCE) and tetrachloroethylene (PCE), suffered serious health consequences, and have no idea of what hit them.
[...]
Marine Corps Air Station (MCAS) El Toro was officially closed in 1999. Prior to its closure, El Toro was the subject of a massive environmental clean-up by the Navy. The first indication of chemical contamination came from a routine inspection off the base in1985 when civilian workers discovered trichloroethylene (TCE) in the groundwater. Before its closure, some 25 contaminated sites were found at El Toro. Site 24, the MWSG 37 was one of the most toxic sites and the source of the TCE toxic plume spreading several miles off the base. It took a number of years before the source of the toxic chemicals was known. Most Navy and Marines veterans not living in southern California who were stationed at El Toro have no knowledge of the toxic chemicals found on the base, its eventually closure in 1999, and sale at a public auction in 2005. Some of these veterans were exposed to these toxins and likely became seriously ill.
[...]
The Marine Corps can remedy this situation without incurring great costs by: (1) establish a link on the existing 3rd Marine Aircraft Wing website (http://www.3maw.usmc.mil/) to register and inform all MWSG-37 Marines stationed at El Toro of the potential exposure to contaminated soil and groundwater; (2) request the various Veteran Service Organizations to alert their memberships of the contamination associated with former MCAS El Toro; and (3) and use Public Service announcements to alert Marines who do not have access to the internet.
Be sure to check out more of the MCAS El Toro history at Robert’s blog.
For our previous coverage of contamination concerns at El Toro (some of which came from the mysteriously-no-longer-active Tox News website), see here.
From two Friday’s ago, the Lodi News-Sentinel (CA) ran this story:
As litigation from Lodi’s groundwater contamination case comes to a close, cleanup has already begun.
News-Sentinel reporter Matt Brown recently discussed the status of the remaining litigation and the cleanup with City Attorney Stephen Schwabauer.
In 1989, officials discovered that the groundwater in some areas of Downtown was contaminated with the chemicals PCE and TCE, which are used as industrial solvents and in dry cleaning. The chemicals spread out to five different plumes in the city’s groundwater.
In the mid-1990s, the city’s outside attorney, Michael Donovan, crafted a plan to sue insurance companies of local businesses, including the News-Sentinel, for their role in the contamination. After a number of negative court rulings, the City Council in 2004 fired Donovan and City Attorney Randy Hays.
The city has since sued Donovan for fraud and malpractice, and Donovan has countersued, claiming the city owes him millions in legal fees.
The city has sought to settle out of court with the parties responsible for the contamination.
Read the interview here.
The Bradford Era (PA) reports:
The Department of Environmental Protection has named a third responsible party in the contamination of the ground near drinking water sources in Lewis Run.
The Control Chief Corp. signed the agreement that it will pay a total of $110,000 to the state’s Hazardous Sites Cleanup Act Fund that settles their liability in the contamination.
[...]
This is the third company the DEP has reached settlements with – the others are McCourt Label and Tronox, formerly known as Kerr-McGee.
[...]
From 1978 to 1998, Control Chief, which has its headquarters in Bradford, owned property in Lewis Run and operated an electronic equipment manufacturing facility.
When another company bought the property and an environmental assessment was conducted, chlorinated solvents typically used as degreasing agents were found in the soil and groundwater. The chemicals included tetrachloroethylene (PCE), trichloroethylene (TCE) and cis-1,2-dichloroethylene. The situation has resulted in the borough having to hook up to Bradford City water to supply its residents with safe drinking water.
Tarbell said the DEP is not actively pursuing additional responsible parties at this time.
Read the full story here.
As a result of Tuesday’s press and hearing, we’ve received a number of emails from affected Marines and their families, all asking the same question: How can I learn more?
As we’ve posted previously, at least two websites have emerged that are run by former Camp Lejeune marines and their families:
Also, the attorneys at Anderson Weber & Pangia have agreed to represent exposure victims and their families in a lawsuit against the responsible parties. Certainly, they know much more about the situation. (Note: Those of you who arrived here looking for information about the Camp Lejeune class action lawsuit should contact them.)
Of course, the ATSDR maintains a Camp Lejeune website with answers to Frequently Asked Questions and the Marines have their own website as well (note: As of this posting, it appears the Marines website is offline – maybe too much CL traffic?).
In addition, we’ve been covering developments in the CL story for the past two years now. You can read our entire history of Camp Lejeune posts here (click link, keep scrolling down).
Finally, in case these links don’t provide the necessary information, we are attempting to determine who is best positioned to field specific questions about CL and the water contamination there. We will either report back here, or email privately to those folks who have contacted us. To be alerted when we determine a better point of contact for Camp Lejeune information, please feel free to contact us directly.
June 14, 2007 Update: For folks looking to complete a Form 95 or looking for assistance with it, please see here.
Rita Beamish from the Associated Press has written three articles that are running in papers around the world today:
Camp Lejeune Water Under Scrutiny
The former residents, who together seek nearly $4 billion, believe their families were afflicted by water containing industrial solvents before the Marines shut off the bad wells in the mid-1980s.
Dates Important in Water Contamination
Key events in the contamination of drinking water at Camp Lejeune in North Carolina.
Solvents in Water Present Perils
Industrial solvents known as TCE and PCE are known health hazards, but the amount of exposure that can cause harm is subject to debate.
Update (June 13):
Congress investigates tainted water at Marine base by Kimberly Hefling
The government Tuesday disclosed results from a new study the same day lawmakers listened to emotional testimony from families about cancers and other illnesses they blame on tainted tap water at the sprawling base.
The San Antonio Express-News (TX) reported earlier this week:
The other day I received a call from a 58-year-old San Antonio man who worked at Kelly AFB from 1983 to 1999. He said he recently had a cancerous kidney removed, and he wondered what I could tell him about Kelly workers’ exposure to carcinogens that cause kidney cancer.
…
A search of the Express-News archives turned up a dozen columns in which Kelly contaminants and potential kidney problems were discussed.
The first reference to Kelly contaminants and kidney cancer appeared in a March 22, 1998, column in which I reported that extraordinarily high levels of two volatile organic compounds — perchloroethylene (PCE) and trichloroethylene (TCE) — had been found in groundwater near Kelly.
For decades, TCE and PCE were used as degreasers at the base.
…
Last fall, in a summary of Kelly findings, federal researchers noted:
1. During 1990-1994, liver, kidney and lung cancer incidence rates in neighborhoods around Kelly were higher than incidence rates found in demographically similar neighborhoods in Texas.
2. Those cancers “could have been the result of past exposures” to Kelly contaminants.
It seems reasonable to conclude that the same might be said about the cancers of longtime Kelly workers.
Read the full story here.
On May 11, 2007, the U.S. Government Accountability Office released a controversial 75-page report entitled: Defense Health Care: Activities Related to Past Drinking Water Contamination at Marine Corps Base Camp Lejeune (GAO-07-276). While we intend to dig further into the report and discuss it here in the future, here is the official GAO summary (emphasis added by us):
In the early 1980s, volatile organic compounds (VOCs) were discovered in
some of the water systems serving housing areas on Marine Corps Base
Camp Lejeune. Exposure to certain VOCs may cause adverse health effects,
including cancer. In 1999, the Department of Health and Human Services’
(HHS) Agency for Toxic Substances and Disease Registry (ATSDR) began a
study to examine whether individuals who were exposed in utero to the
contaminated drinking water are more likely to have developed certain
childhood cancers or birth defects. ATSDR has projected a December 2007
completion date for the study. The National Defense Authorization Act of
Fiscal Year 2005 required GAO to report on past drinking water
contamination and related health effects at Camp Lejeune. In this report
GAO describes (1) efforts to identify and address the past
contamination, (2) activities resulting from concerns about possible
adverse health effects and government actions related to the past
contamination, and (3) the design of the current ATSDR study, including
the study’s population, time frame, selected health effects, and the
reasonableness of the projected completion date. GAO reviewed documents,
interviewed officials and former residents, and contracted with the
National Academy of Sciences to convene an expert panel to assess the
design of the current ATSDR study.
Efforts to identify and address the past drinking water contamination at
Camp Lejeune began in the 1980s, when Navy water testing at Camp Lejeune
detected VOCs in some base water systems. In 1982 and 1983, continued
testing identified two VOCs–trichloroethylene (TCE), a metal degreaser,
and tetrachloroethylene (PCE), a dry cleaning solvent–in two water
systems that served base housing areas, Hadnot Point and Tarawa Terrace.
In 1984 and 1985 a Navy environmental program identified VOCs, such as
TCE and PCE, in some of the individual wells serving the Hadnot Point
and Tarawa Terrace water systems. Ten wells were subsequently removed
from service. Department of Defense (DOD) and North Carolina officials
concluded that on- and off-base sources were likely to have caused the
contamination. It has not been determined when contamination at Hadnot
Point began. ATSDR has estimated that well contamination at Tarawa
Terrace from an off-base dry cleaner began as early as 1957. Activities
related to concerns about possible adverse health effects began in 1991,
when ATSDR initiated a public health assessment evaluating the possible
health risks from exposure to the contaminated drinking water. The
health assessment was followed by two health studies, one of which is
ongoing. While ATSDR did not always receive requested funding and
experienced delays in receiving information from DOD for its Camp
Lejeune-related work, ATSDR officials said this has not significantly
delayed their work. Former residents and employees have filed about 750
claims against the federal government. Additionally, three federal
inquiries into issues related to the contamination have been
conducted–one by a Marine Corps-chartered panel and two by the
Environmental Protection Agency (EPA). Members of the expert panel that
the National Academy of Sciences convened generally agreed that many
parameters of ATSDR’s current study are appropriate, including the study
population, the exposure time frame, and the selected health effects.
ATSDR’s study is examining whether individuals who were exposed in utero
to the contaminated drinking water at Camp Lejeune between 1968 and 1985
were more likely to have specific birth defects or childhood cancers
than those not exposed. DOD, EPA, and HHS provided technical comments on
a draft of this report, which GAO incorporated where appropriate. Three
members of an ATSDR community assistance panel for Camp Lejeune provided
oral comments on issues such as other VOCs that have been detected at
Camp Lejeune, and compensation, health benefits, and additional
notification for former residents. GAO focused its review on TCE and PCE
because they were identified by ATSDR as the chemicals of primary
concern. GAO’s report notes that other VOCs were detected. GAO
incorporated the panel members’ comments where appropriate, but some
issues were beyond the scope of this report.
For the original summary, see here.
To download the full report in PDF format, click here.
Yesterday, we received
this announcement (Acrobat reader required) about the first Congressional Investigation and Oversight hearings regarding Camp Lejeune next Tuesday, June 12, 2007:

(click the image to enlarge)
We are told the meeting will be open to the public (Photo ID may be required. Bring yours just in case). We are also told that there may be a
big story on the way from the Associated Press this weekend. We’ll try to keep you posted…
From The Ithaca Journal on Friday:
Newly obtained historical documents from the Tompkins County Department of Health show a mix of chemicals in the soil along Cherry Street where longtime industrial operations were recently linked to contamination on South Hill.
[...]
Documents published by the Journal on May 1 verified that wet steel shavings were brought from Morse Chain to Wallace Steel in the 1960s and ’70s for processing. Emerson now owns the Morse Chain plant and is contending with a legacy of contamination that includes toxic vapors seeping into homes downhill from the factory.
[...]
The chemicals found at Triangle Steel [in 1984] included trichloroethylene, or TCE, 1,1-dichloroethylene, benzene, tetrachloroethene, known as PERC, toluene and ethylbenzene. While the documents don’t identify where on the property testing was done, a letter attached to the results suggests the highest levels of contamination were near a paint storage facility. Activities on the site included steel fabrication, vehicle maintenance, welding and painting.
Read the full story here.
Update: Congressman Hinchey supports new tests of the groundwater contamination:
“Given the location of the operation, oils spilled at the site would be very likely to leach into the adjacent water body,” Hinchey said in the letter [to NY DEC Commissioner Pete Grannis]. “It is clear to me that ground water testing is needed to determine the extent to which contaminants remain and whether new remediation efforts are necessary. I am pleased that you share this view and have expressed a willingness to delineate this problem quickly.”
(For a larger, readable version of the map, click on it. Then click on it once more)
![]()
HEIGHT=50% WIDTH=50% HSPACE=20 VSPACE=20 src=”http://www.cancerincheshire.com/Cheshiremap.jpg” />
Key to the map:
- Black arrows point to EPA ID’d hazardous waste sites.
- Green circles represent areas around the sites where toxic plume
migration may have occurred and where vapor intrusion may be a concern
(Note: Obviously toxins don’t spread in perfect circles. This is not intended to portray the exact migration of Cheshire’s plumes.)
- Red numbered circles represent areas where cancer reports rec’d
through Cancerincheshire.com appear most greatly concentrated.
The Providence Journal (RI) reports:
Environmental officials this week released final plans for the cleanup of industrial solvents seeping from a former oil drum disposal site in West Kingston [a.k.a. WEST KINGSTON TOWN DUMP/URI DISPOSAL AREA].
The state Department of Environmental Management and U.S. Environmental Protection Agency on Tuesday released the so-called record of decision [PDF, 1.5MB] regarding the cleanup of the West Kingston dumpsite on Tuesday. The voluminous document chronicles the site’s history and the steps leading to the remediation effort.
The 17.4-acre former town dump east of Plains Road and adisposal area of about 17 acres at the University of Rhode Island were placed on the EPA’s high-priority cleanup list in 1992.
The agencies agreed to cap portions of the former dumpsite, but were unable to trace the source of ground-water pollutants until last summer, according to the DEM.
Environmental officials determined the solvents — tetrachloroethene and trichloroethene — had leaked from a dozen rusted drums, apparently containing roofing tar, and seeped into the ground water. A plume extends about 2,500 feet from the drum area toward Hundred Acre Pond, traveling in a northwesterly direction along the bedrock, the decision states.
Read the full story here.
We’ve learned that the solvents at issue in both the Williams and Hensley cases against CSX Railroad were trichloroethylene (TCE),
trichloroethane (TCA), perchloroethylene a.k.a. tetrachloroethylene (PCE), mineral spirits, and carbon tetrachloride.
Thanks to Ken Sales of the Sales and Slattery Group (attorneys for the plaintiffs in both cases) for this confirmation.
There’s a joke in here somewhere about something rotten, but there’s a fine line between funny and crass and we’re unlikley to find it this morning. As such, without our snarky commentary or attempts at mood-lightening humor, here’s the story from The Times and Democrat (Orangeburg, SC):
A revised “fact sheet” released Wednesday by the South Carolina Department of Health and Environmental Control identifies the now-closed Colonial Cleaners as “a potential source” for tetrachloroethylene, or dry cleaning solvent, detected in two of the city of Denmark’s wells.
The city has taken two of its three wells out of service as a precautionary measure after recent samples contained elevated levels of solvents.
Tetrachloroethylene, also known as PCE, was commonly used as a dry cleaning solvent before it was banned by the Environmental Protection Agency. Trichloroethylene, another solvent, was found in another Denmark well.
The Bamberg Board of Public Works has been furnishing water to Denmark since about 6:55 p.m. Thursday at the request of DHEC, according to BPW Manager Bruce Ellis.
[...]
ˇWednesday’s revised fact sheet from DHEC said the city is taking action, with DHEC’s support, to ensure that all customers continue to be provided with safe drinking water. Recent samples of two of the town’s three wells detected contamination above an EPA-established Maximum Contaminant Level, it states. Neither well has exceeded the MCL in the past, DHEC notes.
According to the fact sheet, “The most recent Brooker Center Well test showed slightly elevated levels of tetrachloroethylene … The Brooker Center well is within 1,200 feet of the closed Colonial Dry Cleaners, which is a potential source for this PCE contamination.”
[...]
Another contaminated well cited by DHEC is Denmark’s Legare Street/Clark Street well, which has shown contamination of trichloroethylene, also known as TCE. DHEC officials say they are actively investigating the source of this contamination.
[...]
According to DHEC, federal regulations do not require the well to be taken off-line unless the readings over four quarters (a year) average more than the MCL. However, to be sure that safe water continues to be provided to the residents of Denmark, the city took the wells off-line and is supplementing its water needs with assistance from the Bamberg Public Works, DHEC’s release states.
Read the full story here.
Walter Mugdan is a Director in EPA’s Division of Environmental Planning and Protection (EPA Region 2). He has recently written an important paper on vapor intrusion. Not only does it provide a helpful summary of things we already know, but it also fills in some gaps in our knowledge and updates/invalidates some old, errant assumptions based on recent groundwater contamination investigations (e.g. the Endicott/IBM TCE investigation is featured prominently and appears to be the basis for many of the updated assumptions).
The recently-published paper, entitled Vapor Intrusion: The Next Big Thing, is part of an online library of materials from the American Law Institute and American Bar Association’s (ALI/ABA) Direct-to-Desktop CLE (continuing legal education) program. Seemingly intended for attorneys, the 12-page paper provides important information and insights for anyone learning about or dealing with vapor intrusion. It is also a must read for anyone who discounts the possibility and/or risks of vapor intrusion from groundwater contamination investigations that were conducted years ago and closed.
Topics in the paper include:
- What Is Vapor Intrusion?
- Why Does Vapor Intrusion Occur?
- Why Is Vapor Intrusion A Concern?
- What’s New About This?
- Implications Of The New Findings
- EPA Guidance
- Human Exposures
- Sampling For Vapor Intrusion
- Vapor Intrusion In The Workplace
- …and more.
Highlights from the paper include:
Introduction
During the past few years, it has become apparent that intrusion of toxic vapors into occupied buildings is a serious and potentially widespread problem associated with contaminated sites—specifically, sites at which soil and groundwater are contaminated with volatile organic compounds (“VOCs”). The phenomenon has long been understood, but it was generally and erroneously believed that it was rare for vapor intrusion in buildings to reach levels that presented health concerns, especially at sites where groundwater contamination had been satisfactorily addressed. We are now learning that the problem is more common, more persistent, and more severe than had been imagined as recently as three or four years ago.
Why Does Vapor Intrusion Occur?
When there is lower pressure inside than outside, soil vapor can enter buildings through cracks and openings in slab foundations or basement floors and walls. This intrusion is very similar to how radon gas seeps into buildings…
The chemicals associated with vapor intrusion problems are VOCs. Among these, some of the most common and the most dangerous are chlorinated compounds such as trichloroethylene (“TCE”), trichloroethane (“TCA”), and tetrachloroethylene (also known as perchloroethylene, “PCE” or “Perc”)…
When VOCs contaminate groundwater aquifers, they can readily volatilize near the water table and pass into the soil pores above. Pressure gradients drive vapors up through the soil toward the surface. [V]apors may accumulate, or move laterally, or continue to move upward through cracks or openings in the obstacle. When the obstacle is a building foundation, and the vapors find a pathway through it, the result is the intrusion of vapors into the interior living or working space.
As noted, it is a difference in pressure above and below foundations that can drive vapors indoors. Such differences can be induced by a variety of common phenomena, including…
Why Is Vapor Intrusion A Concern?
Many common groundwater contaminants are volatile. In their vapor phase they can move readily through soil and into structures. These vapors can be hazardous, even in low concentrations. Chlorinated VOCs like TCE and PCE, when inhaled, are carcinogenic and can cause a variety of other illnesses…
What’s New About This?
Vapor intrusion is not a new phenomenon. We have been concerned about radon gas intrusion for decades, and we have long understood that toxic chemicals volatilizing off contaminated groundwater can similarly migrate up through soil and into buildings…
However, our understanding of the vapor intrusion process has evolved rapidly during the past few years…we have begun to recognize that many old assumptions are invalid or must be modified substantially.
Groundwater As A Source
Old Assumption: Very high concentrations of volatile chemicals would need to be present in groundwater for there to be a potential for indoor air problems.
New Findings: Indoor air problems may occur even when levels of groundwater contamination are quite low. Moreover, the model most commonly used to make predictions about vapor intrusion, the “Johnson-Ettinger” Model, has been found to significantly under-predict indoor air vapor levels in a variety of situations…
Soil Vapor Levels As Predictor
Old Assumption: Soil vapor samples collected near a building, at foundation depth, are representative of soil vapor conditions beneath the building’s foundation, and can therefore be used for screening.
New Findings: At Endicott and elsewhere, it has been found that vapor levels beneath the foundation may be more than a hundred times greater than in samples collected near the building. The foundation can act as “confining layer” beneath which vapors accumulate and concentrate.
Attenuation (Or Dilution) Factor
Old Assumption: The ratio of vapor levels in soil to those inside a building is high… The foundation was assumed to be effective at blocking most of the vapors from entering the building, and those vapors that do get in become diluted in the ambient indoor air. Thus, indoor vapor levels are assumed to be many times lower than the soil vapor levels outside…
New Findings: Attenuation factors or ratios actually vary widely, and are often much lower than previously expected…
Implications Of The New Findings
One of the important implications of the new findings superseding the old assumptions is that groundwater VOC contamination sites which were considered to have been adequately addressed may require further investigation and remedial work…
The major implication of the new findings is, of course, that human exposures at potentially dangerous levels may have occurred for years or decades, even after a site was recognized and (as we thought), satisfactorily addressed. We may presume that our relative ignorance in this arena will unfortunately have contributed to some number of additional cancers or other illnesses that could have been prevented.
A related implication is that there is the potential for significant toxic tort liability for responsible parties…
Human Exposures
A growing body of evidence suggests, however, that a thorough risk assessment should include sampling of the vapors that may have accumulated immediately below the foundation or concrete slab of the building (sub-slab sampling). These levels are likely to be higher than current indoor levels, but nevertheless represent the potential (or possible future) exposure to the occupants…
Sampling For Vapor Intrusion
Based on the new findings replacing the old assumptions, best professional judgment may suggest that sampling for vapor intrusion should be performed in many more situations than would formerly have been thought necessary. Sampling may well be indicated where groundwater is contaminated with even comparatively low levels of volatile hazardous chemicals, the contaminated aquifer is located under or near occupied buildings, and the local geology is conducive to soil vapor movement…
[C]urrent evidence suggests that less reliance should be placed on outside soil vapor sampling; instead, sampling should more frequently proceed to indoor and sub-slab sampling, to assess both current and potential future risks…
Vapor Intrusion In The Workplace
There are existing federal regulatory standards governing occupational exposures— the Permissible Exposure Limits (“PELs”) set by the Occupational
Safety and Health Administration (“OSHA”). The PELs for some of the common contaminants of concern are, however, seriously outdated, and are
almost without question not protective. For example, the PEL for TCE, established in 1967, is 537,000 micrograms per cubic meter, an incredible seven orders of magnitude less protective than the lowest figures in use today…
A full copy of the paper (all 12 pages) costs approx. $15 and can be downloaded here.
Thanks to CPEO for this tip.
According to this Dayton Daily News (OH) report:
The U.S. Environmental Protection Agency will begin testing for a likely carcinogen in the basements of homes, schools, churches and businesses in what could be the largest case in Ohio.
Randy Waterworth of the state EPA said Thursday the federal effort would start with three schools — Forest and Van Cleve elementaries and St. Patrick School — in about 20 square blocks east of downtown.
Steve Renninger of the federal EPA in Cincinnati said the testing should start in the next two weeks.
[...]
Officials have known for a number of years that soil in the area was contaminated with tetrachloroethelyne (PCE) in two plumes. One plume may have originated from a former dry-cleaning site near the southeast quadrant of the Public Square. The second appears to have originated near Spinnaker Coating and Hobart Cabinet.
PCE is a dry-cleaning solvent and a metal degreaser. Exposure to PCE over 30 or more years is thought to cause cancer in humans, based on animal testing.
Only in the past two or three years have scientists discovered that PCE often turns to vapor in the soil and can work its way into basements. City tests of 11 basements in April showed PCE vapor readings from twice to 189 times the recommended level.
Read more here.
Those looking for help filing a Form 95 claim can find it at this recently launched website, Form95help.com
From the website:
Welcome to Form95Help.com, designed to offer you information and assistance with filing a claim for injury, death or potential future illnesses that may have been caused by being exposed to the toxic water at Camp Lejeune, North Carolina. Anyone, whether you were in the military or not and regardless of whether you lived on the base, should file a claim to protect your interest if you were exposed to the highly toxic waters of camp Lejeune prior to 1986. You can also file a claim on behalf of a relative who died and had any illness related to the contaminated waters of Camp Lejeune.
Your claim must be filed under the Federal Tort Claims Act (FTCA) if you intend on seeking money damages. The first step is to complete and file a properly completed Form 95 claim. Form 95 claims are routinely denied on all sorts of technical grounds so it is extremely important that you have your claim reviewed by an attorney. This review can take place even if you have already filed a claim to see if any amendments need to be made. Failure to file a Form 95 in a timely manner will bar you from seeking damages against the United States Military.
Remember, never settle a case without having it reviewed by an experienced FTCA lawyer. There is no dollar limitation on liability under the FTCA and once you agree to settle your claim, your claim is over even if the amount you received was unfair.
Note: As we reported previously, if you are looking for legal advice regarding exposure to contaminants at Camp Lejeune, Anderson Weber & Henry (now known as Anderson Weber & Pangia) has announced that they are proud to serve as national legal counsel for claims arising from possible water contamination at Camp Lejeune.
June 2007 update: We have been advised of new contact information for the law firm. We’ve noted the name change above to reflect the current status. Though the website links above are still live, the firm’s official name and contact information have changed as follows:
Anderson Weber & Pangia, PLLC
Offices in Washington, DC and Greensboro, North Carolina
Greensboro Contact information
PO Box 4405
Greensboro, NC 27404
Office number: 336-299-7735
Fax 336-299-7740
E-mail: Jweber@awplawfirm.com
NBC news in Baltimore (MD) reports:
Capitol Hill has become a second home to Jerry Ensminger. The retired marine drill sergeant says he’s still fighting for the rights of Americans.
Ensminger: “The Marine Corps has a motto — ‘Semper Fidelis.’ That’s Latin for always faithful.”
But Ensminger and the Marine Corps are now pitted against each other.
Ensminger: “Unfortunately, I found out not only do they not live up to their motto. They won’t take care of their own unless you force them to.”
The battle is over water — water that was contaminated at Camp Lejeune, North Carolina. The bad wells were shut down by early 1985. The problem came from a dry cleaning chemical called tetrachloroethylene and a metal degreaser called trichloroethylene.
Simms: “We wanted to visit Camp Lejeune. Our request was denied. The Marine Corps says the contamination has been widely publicized since 1984 when it was discovered and it’s an old story. But Ensminger and others couldn’t disagree more.”
They believe thousands of people could now be ill and Ensminger wants the Marine Corps to admit there’s a link. He’s trying to force the Corps to notify thousands of people who lived or worked at the base between 1968 and 1985. And he says the Department of Veterans Affairs should be providing health benefits to people like Nick Geiger of Baltimore.
Geiger: “I just feel like I’m getting kicked in the teeth by the government I served… They’re waiting for us to either get fed up with it and go away or gradually die off so they don’t have to pay the claims.”
Ensminger: “I swore I’m not going to let these people get away with this… When you pat me in the face with a shovel and blow taps over me. I said that’s when I’ll stop this fight or until you do what’s right.”
Read the full story here.
The San Antonio Current (TX) reports:
Victor San Miguel stands on the porch of his dilapidated white-frame house on Hollenbeck Avenue and points across the street. Without taking a step off his property, San Miguel provides a quick tour of his neighborhood, but it’s a grim tour, like a slow walk through a cemetery.
“The woman in that house has leukemia,” he says matter of factly. “The one next to her has breast cancer, and another one over there has leukemia.”
San Miguel, a 60-year-old retired wrecker-driver, has lived on Hollenbeck for 27 years. Three years ago, he was diagnosed with thyroid cancer and his wife also suffers thyroid problems. He walks slowly and speaks in a hoarse murmur, and his right eyelid is almost perpetually shut. But his tattooed arms are muscular and he maintains an aura of toughness, albeit a fragile toughness.
San Miguel’s home is only a couple of blocks away from East Kelly — a section of what used to be Kelly Air Force Base that recently came to be known as Port San Antonio. It’s about five blocks east of a Union Pacific Railroad crossing that divides these neighborhoods from the bulk of the former military base, an aircraft storage and maintenance facility with roots that go back to 1916. In other words, he lives smack in the middle of what residents call the “toxic triangle,” a group of more than 20,000 homes that sit above a plume of contaminated groundwater filled with chemicals dumped or leaked by Kelly employees — contaminants such as Trichloroethene (TCE), an industrial solvent used to clean machinery at the base, and Tetrachloroethene (PERC, or PCE), a paint-stripper with dangerous side effects.
If the cluster of homes in this section of southwest San Antonio constitutes the toxic triangle, Hollenbeck might be its most blighted block. Purple crosses litter many of its front yards, part of a campaign organized two years ago by the non-profit Southwest Workers Union to honor residents who have battled cancer or other life-threatening illnesses. Genaro Rendon, the SWU’s co-director, says members of his organization knocked on 350 doors in the triangle to ask if a member of the household had been diagnosed with cancer. He says half the homes qualified for a purple cross. San Miguel doesn’t know the vital statistics, but he ponders the emotional wreckage of his neighborhood and simply says: “It’s too many problems for one short block. It’s not normal.”
San Miguel voices the maddening frustration felt by residents of this area ever since a repair crew working on Quintana Road in 1989 dug up evidence of noxious jet fuel leaked from Kelly. Since then, studies have found elevated cancer rates in the toxic triangle, and the anecdotal accounts are staggering. But while Air Force authorities agree that they’re responsible for the chemical plume, and have assumed the burden of cleaning up the mess, they still view the cancer studies as inconclusive. To bitter, impatient residents, the Air Force’s reluctance to take direct blame for the incidence of disease in the area is demonstrated by what they consider to be an outrageously slow, half-hearted cleanup effort.
“What they’ve done in the community is next to nothing,” Rendon says. He notes that the Air Force‘s primary solution for residents has been to install Permeable Reactive Barriers, underground walls that contain — and theoretically filter out — harmful chemicals.
“On the base, the metal-plating shop was one of the biggest contributors to the shallow groundwater contamination,” Rendon adds. “That has some of the highest concentrations of chemicals on the base, and what they’ve done is build a cement wall around it. And this is supposed to hold the contamination. They’re not proposing to take it out or clean it up, they’re proposing to contain it there. We’re not for a containment plan. Those types of sites should be cleaned up immediately.”
For all the complaints from neighbors, however, Kelly has some high-profile defenders.
“The effort that Kelly Air Force Base and the remediation activities that they’re doing, in my opinion, are ongoing and moving in the right direction,” says Richard Garcia, regional director for the Texas Commission on Environmental Quality. “The contamination didn’t happen overnight. To clean it up is not going to happen overnight, and it’s going to go through a process. But I do know that Kelly has been working at closing out some sites, cleaning up others. It’s a big site.”
With the five-year anniversary of the Air Force Base closure approaching, the long-unresolved issues swirling in the chemical soup beneath this residential area are resurfacing (although they’ve never really gone away). The SWU plans a community march to the gates of Kelly on July 13 (the anniversary of the base-closing); activists eagerly await a report this summer by a nationally recognized scientific panel looking into the health risks of TCE, a finding expected to guide the Environmental Protection Agency’s future regulatory approach to the chemical; the Los Angeles Times devoted much of a March 30 environmental story to the fallout from Kelly’s TCE plume; and concerned parties from all sides recently completed the first of two summer roundtable conferences designed to improve dialogue and repair deeply frayed trust.
Things would be so much simpler if this conflict followed an Erin Brockovich-like, heroes-and-villains scenario. In that true-story film, a blue-collar mom becomes an environmental crusader and exposes the arrogant corporation that wantonly contaminated a community’s water supply. In this case, nothing is quite so neat or tangible. Kelly’s cleanup is being managed by people who had nothing to do with a contamination that occurred decades ago, at a military base that no longer exists, that’s creating health risks that remain open to dispute. The guilty parties are perpetually beyond the grasp of the residents and, if Air Force sources can be believed, those guilty parties (the people who actually dumped the chemicals at the base) acted more out of ignorance than recklessness.
“I don’t think it was neglect on the part of the Air Force, but I think it was the fact that there were no laws in place that governed it,” says Adam Antwine, senior representative for the Air Force Real Property Agency. “There were a whole lot of unknowns about what happens when you pour things in the ground or they leak in the ground. I think it was a combination of those things that gives people the impression that there was some cover-up.”
A couple of years ago, Dominga Adames applied for a reverse mortgage for her home. Because a reverse mortgage is a loan that the homeowner doesn’t have to repay until the house in question is sold, credit ratings are not a factor in the loan’s approval. “We were told that we were approved and everything was set,” she recalls. “Two days before the closing date, they told me that the loans go through HUD and the government doesn’t want property that has been devalued.”
Adames says her property had been devalued because it was nestled within the toxic triangle. “I told the loan officer that [the contamination] would be cleaned up in 10 years and everything would be okay,” she says, shaking her head at the memory. “He said, ‘Try 100.’”
Adames is one of many Kelly-area homeowners who feel trapped, unable to sell their homes because of their neighborhood’s stigma of contamination. Many of these area residents are low-income senior citizens surviving on fixed incomes and who are depressed to find that the homes they spent their adult lives fixing up are essentially worthless.
It’s a syndrome that Robert Alvarado compares to having his life “cut in half.” Alvarado, 64, and his wife Guadalupe moved into their peach-colored Baker Avenue house 36 years ago and raised all five of their kids there. Seven years ago, Alvarado, then a Delta Airlines employee, suffered an aneurysm that left him legally blind.
“Doctors asked me if I had been out of the country in the last year. I said no,” says Alvarado, founder of the Committee for Environmental Justice Action, a project affiliated with SWU. “Then they asked if I’d been exposed to radiation, and I said I hadn’t. I didn’t know anything about no contamination. He asked because he said that radiation could have caused it.”
Alvarado’s medical woes were only beginning. In recent years, he says his thyroid has malfunctioned and he’s also experienced kidney problems. “I was taking steroids because I was leaking too much protein into my urine,” he says. “Right now my feet are so swollen I can’t wear socks or anything. I’m retaining too much water.”
In addition, Alvarado’s wife and his 38-year-old daughter Lisa have suffered from thyroid cancer. These days, Alvarado, a short, stocky, gray-haired man with a mustache, walks with the aid of a cane and wears dark shades to protect his permanently damaged eyes. His physical disabilities forced him to retire in 2000, and because his monthly income of $760 is not enough to support his family, his wife took a job at a laundromat to help pay the bills.
Robert Alvarado stands in front of the home he’s lived in for 36 years. He is legally blind and suffers from thyroid and kidney problems. Opposite page, purple crosses litter the front yards of cancer victims in the toxic triangle.
“I wanted to finish my tour of my life and enjoy my family, and retire and take my wife on trips, or whatever,” Alvarado says. “But it all stopped when I lost my eyesight. I can’t drive, I can’t go nowhere. It makes me feel like I might lose my family because I’m not good enough to do anything. I can’t even go outside like I used to, enjoy my evening barbecuing. We feel that everything we pick up might have some kind of contamination.”
As his own health deteriorated, Alvarado began to notice that many of his neighbors were stricken with cancer. “Barbara, was a young girl, maybe 24 or 25, and she had stomach cancer,” he says. “My neighbor across the street, she also died of stomach cancer. Another neighbor, Paula, she died of breast cancer. Then there was Emma, who’s still alive, but had a kidney transplant. She worked for Kelly, and says Kelly didn’t affect her, but I know it did.”
Carmelo Casillas is one former Kelly employee who doesn’t hesitate to target the base for his health problems. Casillas, 69, worked for more than 25 years in Kelly’s plating plant and handled TCE on a regular basis. “Nobody told us it was dangerous and we had no protective masks,” he says. “They didn’t know anymore than I did about it.”
Casillas and his wife both suffer from thyroidism and his son has glandular problems. He’s grappled with health troubles for 15 years and says, “It’s not something that’ll kill you right away, but it depletes your energy.” Ten years ago, the Agency for Toxic Substances and Disease Registry began an extensive study into the effects of contaminants from Kelly and it found above-average rates for liver cancer, kidney cancer, cervical cancer, birth defects, and leukemia in various zip codes near Kelly. But it failed to provide a smoking gun, a definitive causal link between disease incidences and contaminants flowing beneath area homes.
If there is disagreement about what the numbers mean, residents also question the reliability of the numbers themselves. Patti Radle, District 5’s councilwoman, points out that some former toxic-triangle residents have moved to other parts of the city, potentially elevating disease figures in other areas and artificially reducing cancer rates near Kelly. Rendon and other members of the SWU also point to an ongoing questionaire study administered by the ALS (Amyotrophic Lateral Sclerosis) Association, identifying 142 potential cases of former Kelly employees contracting ALS, better known as Lou Gehrig Disease.
Antwine argues, however, that no conclusions can be drawn. “All the studies we’ve conducted to date have shown that there really is no direct correlation between the contamination in the ground water and any of the health concerns,” he says. “Obviously, a combination of environmental factors can cause all kinds of disease. Medical technology has not reached the point where it determines which combination of factors can cause cancer.”
More than 70 people gathered at Hoelscher Elementary on the morning of Saturday, June 24, to hash out environmental concerns near Kelly. Patti Radle was in attendance, as were representatives for congressmen Ciro Rodriguez and Charlie Gonzalez. Antwine brought members of the Kelly cleanup team. The Southwest Workers Union, Port of San Antonio, Texas Commission on Environmental Quality, and the City of San Antonio Metropolitan Health District also were represented.
For the first hour, attendees broke into small groups. Each table included a mix of people with diverse agendas, who compiled three or four questions that could be topics for discussion by the entire gathering. An air of nervous civility dominated the early exchanges, with Kelly reps maintaining a facade of forced cheerfulness and residents offering anecdotes, like Maria Gongora’s detailed description of brown water flowing from the faucets in her bathtub, and plants dying in her yard after being watered. About an hour after the meeting began, Antwine and his team gathered their maps and graphs and set out to answer questions posed by residents. At that point, all hints of civility collapsed like a faulty permeable reactive barrier. “We’ve been talking for 15 years and nothing has been done,” snapped one male resident.
Another man interrupted facilitator Linda Ximenez and said, “Let’s talk about the issues. We ask them when they’ll clean up the contamination, and getting information from them is like pulling their teeth. We’ve known about this since the 1980s and they still haven’t fixed this.”
Things became so testy that when an elderly man addressed the crowd to say that all of the information on Kelly’s cleanup progress was available from the Air Force, and that sitting through a Kelly presentation was a waste of time, a voice in the back hooted, “You’re wasting our time right now.”
Other residents complained that Kelly’s containment approach is based on the theory that natural attenuation will wash away the contaminants in 100 years. It was a contention that the Kelly team neither accepted nor denied.
Underlying the palpable tension was the long-held notion among residents that they’re victims of environmental racism, that Kelly would be moving with much greater urgency if the affected neighborhoods were not filled with low-income minorities.
“We want the complete cleanup, and the other thing is that we want active health care and treatment for the folks who have been living this reality for decades,” Rendon says. “You have people that have lost sons and daughters and mothers and fathers because of illness.
“What the scenario has been is study after study after study. People are sick, there’s elevated levels of cancer, but the activity to take care of these problems has not been seen. And that’s really what’s needed.”
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