We enlisted/were commissioned in the military to protect our country in its time of need, agreed to sacrifice our body or lay down our life if necessary to protect the country we loved. We did NOT agree to be needlessly poisoned by the very country we swore to protect, and we certainly did NOT agree [Read More…]
The high number of reported birth defects, miscarriages, stillbirths, infant mortalities, preterm births, low birth weights, childhood cancers, and infertility in women and girls who lived in the DOD’s Base Family Housing may be partly due to the persistent, cumulative nature, and synergistic interaction of organochlorine pesticides. Unfortunately, the average length of time that we were stationed at a base was 4 to 6 years. Because of this, we lived with our families at one contaminated base after another, and the levels of toxins kept building in our systems, often with fatal results, especially for our children.
Organochlorine pesticides (OCPs) have created environmental, safety, and legal issues for the DOD. Chlordane and other organochlorine pesticides (“OCPs”) were used as pesticides, herbicides, insecticides, termiticides, and rodenticides at virtually every military installation in the U.S. In years past, organochlorine pesticides were so widely used to protect DOD structures and infrastructures that they should be presumed present in ALL structures and infrastructures built prior to the late 1980’s when the use of organochlorine pesticides was banned by the DOD.
As soon as the DOD suspected that it had a problem with these extremely toxic pesticides, the DOD had a moral and legal obligation to test all of its tenantable/habitable structures at its bases. If any building tested positive for unsafe levels of toxins, the DOD should have declared the building unsafe, condemned the building, relocated the occupants to safe housing/schools/offices, remediated the contamination or demolished the contaminated building, and notify the former tenants and building occupants about their possible exposures.
Organochlorine Pesticides (OCPs) Significant Health Effects
According to the US EPA: “Acute and chronic exposure to these pesticides [chlordane, aldrin, dieldrin, and heptachlor] can cause numerous health effects and increase cancer risks. Although dependent on the pesticide and level and duration of exposure, studies on acute and chronic exposures of humans and animals to these pesticides have reported multiple neurologic effects, reproductive/development effects, and damage to the liver and kidneys.”
Affected Organ Systems: Developmental (effects during periods when organs are developing), Endocrine (Glands and Hormones), Hepatic (Liver), Immunological (Immune System), Neurological (Nervous System)
Cancer Classification: None
Chemical Classification: Pesticides (chemicals used for killing pests, such as rodents, insects, or plants)
In 1987, EPA banned all uses.
* Chlordane
CAS ID #: 12789-03-6
Persistent Organic Pollutant (POP)
Affected Organ Systems: Developmental (effects during periods when organs are developing), Hepatic (Liver), Neurological (Nervous System)
Cancer Classification: None
Chemical Classification: Pesticides (chemicals used for killing pests, such as rodents, insects, or plants)
In 1988, EPA banned all uses
* DDT, DDE, DDD
CAS ID #: 50-29-3, 72-55-9, 72-54-8, 72-55-9,72-54-8
Persistent Organic Pollutant (POP)
Affected Organ Systems: Developmental (effects during periods when organs are developing), Endocrine (Glands and Hormones), Hepatic (Liver), Neurological (Nervous System), Reproductive (Producing Children)
Cancer Classification: NTP: Reasonably Anticipated to be a Human Carcinogen
Chemical Classification: Pesticides (chemicals used for killing pests, such as rodents, insects, or plants)
Its use in the U.S. was banned in 1972
Endosulfan
CAS ID #: 115-29-7
Persistent Organic Pollutant (POP)
Affected Organ Systems: Endocrine (Glands and Hormones), Hepatic (Liver), Immunological (Immune System), Neurological (Nervous System)
Cancer Classification: None
Chemical Classification: Pesticides (chemicals used for killing pests, such as rodents, insects, or plants)
* Endrin / Endrin aldehyde:
CAS ID #: 72-20-8
Persistent Organic Pollutant (POP)
Affected Organ Systems: Neurological (Nervous System)
Cancer Classification: None
Chemical Classification: Pesticides (chemicals used for killing pests, such as rodents, insects, or plants)
* Heptachlor/Heptachlor Epoxide
CAS ID #: 76-44-8, 1024-57-3
Persistent Organic Pollutant (POP)
Affected Organ Systems: Hepatic (Liver), Neurological (Nervous System)
Cancer Classification: None
Chemical Classification: Pesticides (chemicals used for killing pests, such as rodents, insects, or plants)
The DOD does not want to spend the money to inform the military personnel, their families, civilian employees, and the surrounding community, of the potential health dangers posed by contamination at its military bases.
1970 – Chlordane Contamination of Govt Quarters and Personal Property Webb AFB
1970 – The Air Force knew that some of the Webb Air Force Base Family Housing units, located in Big Spring Texas, were contaminated with and the occupants exposed to a large quantity of chlordane. The Air Force knew that due to the method used to apply the pesticide, the building design flaw, that a completed exposure pathway (CEP) existed at a large percentage of its tenantable/habitual structures, exposure of the occupants was possible at ALL of the Air Forces’ Family Housing units. This CEP was confirmed by the by the New York Times news article “Chlordane Problem in Houses on Slabs” dated September 30, 1982.
Furthermore, the Air Force knew that there was NO safe level of Chlordane contamination for infants and young children on the surfaces of floors, personal possessions, or Chlordane aerosol and/or vapors.
A substantial quantity of 2% Chlordane insecticide (emulsifiable solution) was introduced into the heating ducts of two Capehart type housing units at Webb AFB, Texas on 12 March 1970. The insecticide was being used as a subslab termite control agent in accordance with AFM 85-7(8-16), when it was accidentally introduced into the heating ducts formed within the concrete slab. Several hours after the treatments the heating systems were thermostatically activated and distributed the pesticide as an aerosol and vapors throughout the housing units during the night. Page i
On 12 April 1970 a 2% water-chlordane insecticide solution was accidentally introduced into the heating ducts of two Capehart type housing units at Webb AFB TX. These heating ducts consisted of cardboard lined conduits within the concrete slab. Subsequent activation of the heating systems resulted in extensive human exposure and gross pesticide contamination of government housing and personal possessions. Page 1
… and virtually undetectable floor residues are necessary if children are to inhabit the quarters. Page 4
The presence of children in the family requires residue levels of 7.0 ug/ft2 on walls and ceilings and undetectable floor residues. Page 6
All clothing and furniture should be decontaminated. Stuffed furniture, which will contain higher volumes of pesticides, should be reupholstered or replaced. All clothing should be dry cleaned twice and the dry cleaning solvent properly disposed of in a sanitary landfill. Children’s toys which can be dry cleaned should be where the cash or sentimental value warrants it, others should be replaced. Page 8
1982 – An Assessment of the Health Risks of Seven Pesticides Used for Termite Control
1978-79 – “… the Air Force in 1978 asked the National Research Council’s Committee on Toxicology, in the Board on Toxicology and Environmental Health Hazards, Commission on Life Sciences, to review the toxicity data on chlordane and to suggest an airborne concentration that could be used as a guideline in deciding whether the housing should be vacated.” … “The Committee on Toxicology (NRC, 1979) concluded that it “could not determine a level of exposure to chlordane below which there would be no biologic effect under conditions of prolonged exposure of families in military housing.” Page 1
1982 – “Given the available data and the fact that under conditions of prolonged exposure of families in military housing there may be persons, such as [developing fetuses and] young children, who in general are more susceptible to environmental insults, the Committee concluded that it could not determine a level of exposure to any of the termiticides below which there would be no biologic effects.” Page 46
1981 – Living Area Contamination by Chlordane Used for Termite Treatment
Over the past several years, the United States Air Force has experienced incidences of living quarters contamination with airborne chlordane. The first noted incident occurred in two houses at a southwestern Air Force base (CALLAHAN 1970). … Sampling showed chlordane contamination to be common in those newly constructed houses (unpublished data). … The most recent incident of chlordane contamination was at a midwestern air base in October 1978. Two ground-floor apartments with subslab heating ducts were involved. … In the 1979 survey all apartments treated in 1978 showed high concentrations of chlordane with a range of 0.4 to 263.5 pg/M3 (TABLE 2). … As readily seen, there are many dwellings with detectable chlordane vapor. In this single study, 335 out of 435 treated apartments (77%) had measurable levels of chlordane ranging from trace to 37.8 g/M3. In a previous Air Force survey of 146 houses at various bases, 61% of those houses had detectable levels of chlordane (unpublished data).
1981-82 – News Articles – Pesticide Contamination – Military Housing
1981 – “The Army Times and Its companion newspapers reported in today’s editions that thousands of families may have been ex-posed to pesticides while living in military housing. Pentagon spokesman Bill Caldwell said the Defense Department is ‘studying the matter to determine whether or not we should commence a large scale inspection and monitoring program for military housing units’.”
1982 – “A pesticide used to kill termites [chlordane] has leaked into the ventilation systems of more than 1,500 houses at United States Air Force bases across the country, according to studies made public recently by the Air Force. The pesticide, chlordane, was found to have entered heating and air-conditioning ducts in dwellings built on concrete slabs, allowing it to circulate in the air freely.”
1996 – Military Housing Privatization Initiative (MHPI)
Congress established the Military Housing Privatization Initiative (MHPI) in 1996 as a tool to help the military improve the quality of life for its service members by improving the condition of their housing. …
MHPI addresses two significant problems concerning housing for military Service members and their families: (1) the poor condition of DoD owned housing, …
2004 – Guidance for Addressing Chlordane Contamination at DOD Sites
a. What is Chlordane? Chlordane was a registered use pesticide applied from around 1948 until 1988. Its primary use was for termite control, but other known uses include application to prevent nesting of fire ants around power transformers; as a herbicide to control weeds in turf; and to control insects on lawns, gardens, and food crops (such as corn). So there are potentially many areas on DoD property, including family housing units, where chlordane may be found as a result of lawful application.
b. How Was Chlordane Used? High concentrations of chlordane may be found around military housing as a result of lawful application for termite control. To control termites, the chlordane was initially applied to soil prior to construction beneath building foundations. Then it was PWTB 200-1-31 DoD’s pest management practice to routinely reapply chlordane every three to five years thereafter by methods such as treating the perimeter of the foundation by spraying with a rod inserted into the soil, by applying via a small trench dug along the foundation, or by injecting the chlordane through holes drilled in flooring at the periphery of walls. Thus relatively high concentrations of chlordane may have accumulated in these areas over time.
When we (the injured) try to seek justice for our injuries through the courts, we are told that our case has no standing because of the Statute of Limitations, Feres Doctrine, and/or the sovereign immunity clause of the Federal Torts Claim Act (FTCA).
How can the DOJ/DOD argue that the Statute of Limitations has expired when rogue employees within the DOD conspired to and did conceal the true nature and extent of the contamination?
How can the DOJ/DOD argue that the Feres Doctrine bars service members from collecting damages from the United States Government for personal injuries when rogue employees conspired to and did conceal the true nature and extent of the contamination?
How can the DOJ/DOD argue that the Federal Torts Claim Act’s (FTCA) sovereign immunity clause prohibits suing the US government and/or its rogue employees who conspired to and did conceal the true nature and extent of the contamination?
Thousands, possibly tens of thousands, of men, women, children, and fetuses are sick, dying, or dead because of the cover-up. When are we going to get justice?
Because there is no Statute of Limitations for murder or manslaughter, when are those involved in the cover-up going to be prosecuted and/or court-martialed for the deaths that they have caused?
Culpability
Are DOD employees culpable for the deaths of American men, women, and children that could have been easily prevented? Yes
Culpable: Bameworthy; involving the commission of a fault or the breach of a duty imposed by law.
Culpability generally implies that an act performed is wrong but does not involve any evil intent by the wrongdoer. The connotation of the term is fault rather than malice or a guilty purpose. It has limited significance in Criminal Law except in cases of reckless Homicide in which a person acts negligently or demonstrates a reckless disregard for life, which results in another person’s death. In general, however, culpability has milder connotations. It is used to mean reprehensible rather than wantonly or grossly negligent behavior. Culpable conduct may be wrong but it is not necessarily criminal.
Culpable ignorance is the lack of knowledge or understanding that results from the omission of ordinary care to acquire such knowledge or understanding.
Contamination and Covered-up - MCB Camp Lejeune, NC
The DOD lied to the public and local, state, and federal regulators and congress; withheld records; covered-up deaths that were the result of the contamination at Camp Lejeune; and forced the Agency for Toxic Substances and Disease Registry (ATSDR), to suppress information about the contamination, health problems, and deaths which were the direct result of the contamination at Camp Lejeune. The sad thing is this happened at almost every one of the 148 DOD facilities that are or were Superfund Sites.
Pesticides Contamination - Naval Air Station Alameda (NAS), CA
The Navy failed to disclose the presence chlordane and other organochlorine pesticides (“OCPs”)
American International Specialty Lines Insurance Company a general liability insurer, seeks to recover the costs incurred in removing certain hazardous substances–chlordane and other organochlorine pesticides (“OCPs”) – from a portion of a former naval installation. Plaintiff alleges that the United States Department of the Navy (“Navy”) failed to notify the property’s purchaser that chlordane and other OCPs were present on the property and that the Navy failed to remediate the chlordane and other OCPs in breach of two contracts between the parties. Plaintiff further alleges that defendant failed to indemnify plaintiff for its remediation costs pursuant to section 330 of the National Defense Authorization Act for Fiscal Year 1993, Pub. L. No. 102-484, 106 Stat. 2315, 2371-73 (1992) (codified as amended at 10 U.S.C. § 2687 note (2000)).
Pesticides Contamination - Marine Corps Base Hawaii Family Housing
Plaintiffs are military families who have leased housing from Defendants at Marine Corp Base Hawaii between 2006 to the present. Plaintiffs filed a Class Action Complaint alleging that Defendants failed to provide safe and healthy living conditions. Plaintiffs contend that Defendants had knowledge that the soil at the Marine Corp Base Hawaii was contaminated with pesticides. Plaintiffs claim Defendants did not disclose the presence of the pesticides before leasing housing to the military families. Plaintiffs claim they attempted to mediate their disputes with Defendants pursuant to the terms of their lease agreements, but Defendants refused.
Pesticides Contamination - George AFB, CA Family Housing
Chlordane and other organochlorine pesticides (“OCPs”) Contamination
George AFB Family Housing – Pesticides Levels
Unsafe levels pesticides at the Family Housing
In 2002, aldrin, chlordane, DDT, dieldrin, endrin, heptachlor, and lindane were detected in the surface soil at the George AFB Family Housing. In 2005 the Air Force advised the City of Victorville that these levels of pesticides at the Base Family Housing may present a danger to human health if soils are inhaled, ingested, or contacted by skin. On 1 October 2007, the levels of chlordane and other organochlorine pesticides’ (“OCPs”) and their breakdown products was so high that the Air Force banned the property and housing for residential use. As of 7 February 2016 the Air Force has failed to notify the thousands of former tenants and building occupants of their possible toxic exposure.
The Air Force knew that the surface soil under and around the George AFB Family Housing was contaminated with hazardous levels of chlordane and other organochlorine pesticides (“OCPs”)
aldrin at 16, 700 μg/kg – 576 x PRG – Sample Depth (ft. bgs): 0.3-0.8 dieldrin at 15,000 μg/kg – 500 x PRG – Sample Depth (ft. bgs): 0.3-0.8 chlordane at 24,100 μg/kg – 15 x PRG – Sample Depth (ft. bgs): 0.5-1 μg/kg: concentrations of chemicals in soil measured in units of the mass of chemical (micrograms, μg) per mass of soil (kilogram, kg) PRG: residential preliminary remediation goal ft. bgs: feet below ground surface
“Within the housing area of Former George Air Force Base the pesticides Aldrin and Dieldrin were used to control termites. In 2002 the soil in this area was tested for Organochloride Pesticides and in several locations elevated levels of Aldrin and Dieldrin were detected. In 2005 the Air Force advised the City [of Victorville] that these levels of pesticides may present a danger to human health if soils are inhaled, ingested, or contacted by skin.“
On 1 October 2007, the Air Force placed the following conditional use clause in the George AFB Family Housing quitclaim deed:
“Grantee covenants and agrees that it will not use, or allow others to use, the Property for residential purposes (including mobile or modular homes), hospitals for human care, public or private schools for persons under 18 years of age, nursery schools, or day care centers for children.”
On 14 April 2014, Terri K Crooks won her VA C&P Claim for service connected injury for her exposure to chlordane and other organochlorine pesticides (OCPs) used at George Air Force Base Family Housing and barracks.
“You have submitted new and material evidence to reopen this claim. While not specifically diagnosed during active military service, we have received objective medical evidence from Dr. xxxx linking your condition to symptoms treated while on active duty as we as probable exposure to toxic chemicals. Dr. xxxx provided that after reviewing your service medical records and substantiating documents regarding toxic chemicals used at George Air Force Base, it was his opinion that your condition was at least as likely as not caused by your military service.” …
“… Service connection for bilateral mastectomy, residual of breast cancer has been established as directly related to military service. While not specifically diagnosed during active military service, we have received objective medical evidence from Dr. xxxx linking your condition to symptoms treated while on active duty as well as pro a e exposure to toxic chemicals. Dr. xxxx, provided that after reviewing your service medical records and substantiating documents regarding toxic chemicals used at George Air Force Base, it was his opinion that your condition was at least as likely as not caused by your military service. Your service records confirm your service at George Air Force Base during your period of active military service. There is no objective medical evidence showing that your condition was not caused by your military service. …”
George AFB Schools – Organochlorine Pesticides (“OCPs”) Contamination
On 19 December 2014, the Lahontan Regional Water Quality Control Board (LRWQCB) issued a Land Use Controls Violation to the Air Force. This violation letter addresses the fact that the Air Force did NOT test the schools for dieldrin before the property was transferred to the Adelanto Unified School District and the Air Force ALLOWED the school to reopen WITHOUT testing for contamination from any of the organochlorine pesticides (“OCPs”).
“Concern Regarding George AFB Schools Another concern related to dieldrin soil contamination is the presence of schools located adjacent to the former housing area; namely, the former George AFB Elementary School and George Junior High (Middle) School. These schools were apparently built during the same time period as the housing units and similar construction procedures may have been followed, including the possible application of pesticides for termite control. These schools were transferred to the Adelanto Unified School District in 1994. The former elementary school is now operated as an adult educational facility called Taylion High Desert Academy. The former middle school is now leased by Adelanto Unified School District to Excelsior Charter School (grades 7-12). Apparently, the soils at these schools have not been tested for dieldrin.”
As of 17 January 2016, the Air Force has failed to notify the former base personnel, their families, civilian employees, and the surrounding community of their exposure to potentially life-threatening environmental contamination at George AFB’s Family Housing.
George AFB Family Housing – CERCLA §120(h) Deed Restrictions – Chlordane and other organochlorine pesticides (“OCPs”)
The Army and Air Force used the chlordane and other organochlorine pesticides (“OCPs”) to protect buildings (pre-1988) against ground termites and other pests at George AFB including the Base Schools, Family Housing, Barracks, and Dorms.
The DOD and the Air Force failed to test for these organochlorine pesticides except at the Base Family Housing Units.
The DOD and the Air Force failed to disclose the widespread use of these organochlorine pesticides in the CERCLA §120(h) Deed Restrictions as required by law except for at the Base Family Housing Units.
The DOD and the Air Force failed to test the soils at the former George AFB Elementary School and George Junior High (Middle) School for dieldrin.
The DOD and the Air Force failed to disclose that dangerous levels of aldrin and chlordane were present at the Base Family Housing Units in the CERCLA §120(h) Deed Restrictions as required by law.
The DOD and the Air Force failed to disclose the widespread use of these organochlorine pesticides to the ATSDR for its 1998 Public Health Assessment for George AFB. When the ATSDR concluded that there were no completed exposure pathways, the DOD and the Air Force did not correct the ATSDR during the Peer Review / Public Comments period or after the Public Health Assessment for George AFB was published in 1998.
Transferred the responsibility and liability for the contamination from the Air Force to the Southern California Logistics Airport Authority (local taxpayers)
CERCLA §120(h) Deed Restrictions – Family Housing
Pesticide contamination soil and groundwater – Dieldrin or other possible pesticide-related constituents (“Pesticides”)
George AFB Family Housing – Quitclaim Deed
II. CONSIDERATION AND CONVEYANCE
WITNESSETH, THAT in consideration of the sum of SEVEN HUNDRED EIGHTEEN THOUSAND SIX HUNDRED EIGHTY FIVE DOLLARS ($718,685.00), and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby release and forever quitclaim to the Grantee all that real property … Page 2 of 14
VI. CONDITION
B. The Grantee acknowledges that it has inspected, is aware of, and accepts the condition and state of repair of the Property, and that the Property is conveyed, “as is,” “where is,” without any representation, promise, agreement, or warranty on the part of the Grantor regarding such condition and state of repair, or regarding the making of any alterations, improvements, repairs, or additions.The Grantee further acknowledges that the Grantor shall not be liable for any latent or patent defects in the Property, except to the extent required by applicable law. Page 3 of 14
VII.B. Environmental Restrictive Covenants.
(e) Grantee covenants and agrees that it will not use, or allow others to use, the Property for residential purposes (including mobile or modular homes), hospitals for human care, public or private schools for persons under 18 years of age, nursery schools, or day care centers for children. Page 5 of 14
VIII. OTHER COVENANTS
Pesticides. The Grantee is warned of the presence of Dieldrin or other possible pesticide-related constituents (“Pesticides”) on the Property in certain portions of the soil and in the upper aquifer of the groundwater, which may have resulted from past applications of pesticides. The Grantee is cautioned to use due care during use, occupancy, and Property development activities that may involve soils containing Pesticides. … Page 7 of 14
Grantor: US Air Force Grantee: Southern California Logistics Airport Authority
Bioaccumulate: to become concentrated inside the bodies of living things
Organochlorine pesticides: POPs made out of organochlorine compounds. These organochlorine compounds and there metabolites can cross the placental barrier and accumulate in lipid rich tissues such as human breast and breast milk
Persistent organic pollutants (POPs): organic compounds of natural or anthropogenic origin that resist photolytic, chemical and / or biological degradation (UNEP, 1999)
Persistent: extremely resistant to natural breakdown processes and therefore are stable and long-lived
Pollutants: toxic chemicals which adversely affect human health
Synergistic interaction: the effect of two chemicals taken together which is greater than the sum of their separate effect at the same doses
Acronyms:
AF – United States Air Force
ATSDR – Agency for Toxic Substances and Disease Registry
CAA: Clean Air Act
CERCLA: Superfund or Comprehensive Environmental Response, Compensation, and Liability Act of 1980
CWA: Clean Water Act
EPA – United States Environmental Protection Agency
FIFRA: Federal Insecticide, Fungicide and Rodenticide Act
I am not a doctor or attorney, and cannot give medical advice or legal advice.
If you, a friend, or loved one has been injured or died as a result of the contamination at a DOD Superfund Site please follow the steps that are outlined at Get Help.
The views and opinions expressed in this website/articles are those of the authors and do not necessarily reflect the official policy or position of any agency of the U.S. government