We are the men and women of the U.S. Military

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…]

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Our children were the “canaries in the coal mine”

danger pesticidesThe 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.”

EPA to Army - Kansas Army Ammunition Plant KSAAP - Pesticides (PDF - 4.15 MB)

Organochlorine Pesticides (OCPs) - ATSDR Toxic Substances Portal

* Aldrin / Dieldrin

  • CAS ID #: 309-00-2, 60-57-1
  • Persistent Organic Pollutant (POP)
  • 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)

* Lindane – Hexachlorocyclohexane (HCH)

  • CAS ID #: 608-73-1
  • Affected Organ Systems: Hepatic (Liver), Immunological (Immune System), Neurological (Nervous System)
  • Cancer Classification: None
  • Chemical Classification: None

Kepone – Chlordecone

  • CAS ID #: 143-50-0, Mirex 2385-85-5
  • Affected Organ Systems: Neurological (Nervous System), Renal (Urinary System or Kidneys), 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)

Methoxychlor

  • CAS ID #: 72-43-5
  • Affected Organ Systems: Endocrine (Glands and Hormones), Neurological (Nervous System), Reproductive (Producing Children)
  • Cancer Classification: None
  • Chemical Classification: Pesticides (chemicals used for killing pests, such as rodents, insects, or plants)

Toxaphene

  • CAS ID #: 8001-35-2
  • Affected Organ Systems: Endocrine (Glands and Hormones), Hepatic (Liver)
  • Cancer Classification: NTP: Reasonably Anticipated to be a Human Carcinogen
  • Chemical Classification: Pesticides (chemicals used for killing pests, such as rodents, insects, or plants)

Mirex

  • CAS ID #: 2385-85-5, Chlordecone 143-50-0
  • Affected Organ Systems: None
  • Cancer Classification: None
  • Chemical Classification: None

Source accessed on 31 December 2015: ATSDR – Substance Listing Page

The DOD Shirks Its Legal Responsibilities

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.

“The cost of attempting to identify all these individuals, including the cost of media advertising, would be a significant burden on the [DOD’s] budget …”
Elizabeth L. King, Former Assistant Secretary of Defense for Legislative Affairs

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

Chlordane Contamination of Government Quarters and Personal Property Webb AFB TX
USAF Environmental Health Laboratory (AFLC) – 12 March 1970 (PDF – 2.5 MB)

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

An Assessment of the Health Risks of Seven Pesticides Used for Termite Control
The National Academy of Sciences and the Office of Naval Research – Aug 1982 – (PDF – 3.82 MB)

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).

Living Area Contamination by Chlordane Used for Termite Treatment
Livingston, J.M. & Jones, C.R. Bull.
Environ. Contam. Toxicol. (1981)
27: 406. doi:10.1007/BF01611040

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’.”

Pesticide May Pollute Military Base Housing
The Palm Beach Post – April 27, 1981

1982A 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.”

Chlordane Problem in Houses on Slabs
The New York Times – September 30, 1982

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, …

Source accesses on 22 January 2016: http://www.acq.osd.mil/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.

Guidance for Addressing Chlordane Contamination at Department Of Defense Sites
U. S. Army Corps of Engineers – 30 September (2004 PDF 0.09 MB)

Defense Base Closure and Realignment (BRAC)

At some point, senior management (rogue employees) within the DOD made a decision that it was more important to cover up the problem at its contaminated bases than help the American Citizens that it harmed. The DOD then went into CYA mode and started using the BRAC to close bases and transfer the responsibility and liability for the contamination on unsuspecting and naive communities.

The Base Realignment and Closure Commission has Closed 133 Bases

The 1988 Base Realignment and Closure Commission – closed 21 bases

  1. Alabama Army Ammunition Plant, AL – EPA ID: AL6210020008 – Superfund site
  2. Chanute Air Force Base, IL – EPA ID# IL1570024157 – Proposed Superfund site
  3. Coosa River Storage Annex, AL – EPA ID# AL5213820231 – part of a Superfund site
  4. Fort Douglas, UT – EPA ID# UT5214020278 – Not NPL
  5. Fort Sheridan, IL – EPA ID# IL2210020838 – Not NPL
  6. Fort Wingate, NM – EPA ID# NM6213820974 – Not NPL
  7. George Air Force Base, CA – EPA ID# CA2570024453 – Superfund site
  8. Hamilton Army Airfield – – –
  9. Jefferson Proving Ground, IN – EPA ID# IN5210020454 – Not NPL
  10. Lexington Army Depot – – –
  11. Mather Air Force Base, CA – EPA ID# CA8570024143 – Superfund site
  12. Navajo Depot Activity, AZ – EPA ID# AZ7213820635 – Not NPL
  13. Naval Station Galveston – – –
  14. Naval Station Lake Charles – – –
  15. Naval Station New York – – –
  16. Naval Station San Francisco – – –
  17. Norton Air Force Base, CA – EPA ID# CA4570024345 – Superfund site
  18. Pease Air Force Base, NH – EPA ID# NH7570024847 – Superfund site
  19. Presidio of San Francisco, CA – EPA ID# CA7210020791 – Not NPL
  20. Salton Sea Test Base, CA – EPA ID# CA0000362350 – Not NPL
  21. Leased space in Alexandria, Virginia – – –

The 1991 Base Realignment and Closure Commission – closed 40 bases

  1. Beale Air Force Base (Realign)
  2. Bergstrom Air Force Base (Active Component only)
  3. Carswell Air Force Base
  4. Castle Air Force Base
  5. Eaker Air Force Base
  6. England Air Force Base
  7. Fleet Combat Direction Systems Support Activity San Diego (Realign)
  8. Fort Benjamin Harrison
  9. Fort Chafee
  10. Fort Devens – Superfund site
  11. Fort Ord – Superfund site
  12. Fort Rucker (Realigned)
  13. Grissom Air Force Base
  14. Hunters Point Annex – Superfund site
  15. Integrated Combat Systems Test Facility San Francisco
  16. Letterman Army Institute of Research (Disestablish)
  17. Loring Air Force Base – Superfund site
  18. Lowry Air Force Base
  19. March Air Force Base – Superfund site
  20. Marine Corps Air Station Tustin
  21. Myrtle Beach Air Force Base
  22. Naval Air Station Chase Field
  23. Naval Air Station Moffett Field – Superfund site
  24. Naval Air Warfare Center Warminster
  25. Naval Electronic Systems Engineering Center San Diego
  26. Naval Electronic Systems Engineering Center Vallejo
  27. Naval Electronic Systems Engineering Center
  28. Naval Space Systems Activity Los Angeles
  29. Naval Station Long Beach
  30. Naval Station Philadelphia
  31. Naval Station Puget Sound
  32. Naval Weapons Center China Lake (Realign}
  33. Pacific Missile Test Center Point Mogu (Realign)
  34. Philadelphia Naval Yard
  35. Presidio of Monterey
  36. Richards-Gebaur Air Force Base
  37. Rickenbacker Air Force Base
  38. Sacramento Army Depot
  39. Williams Air Force Base – Superfund site
  40. Wurtsmith Air Force Base – Proposed Superfund site

The 1993 Base Realignment and Closure Commission – closed 37 bases

  1. Anniston Army Depot (Realign)
  2. Camp Evans
  3. Fort Wingate
  4. Griffiss Air Force Base – Superfund site
  5. Homestead Air Force Base – Superfund site
  6. I. Sawyer Air Force Base
  7. March Air Force Base
  8. Mare Island Naval Shipyard
  9. Marine Corps Air Station El Toro – Superfund site
  10. Naval Air Station Agana
  11. Naval Air Station Alameda – Superfund site
  12. Naval Air Station Barbers Point
  13. Naval Air Station Cecil Field – Superfund site
  14. Naval Air Station Dallas
  15. Naval Air Station Glenview
  16. Naval Air Warfare Center Trenton
  17. Naval Aviation Depot Alameda
  18. Naval Aviation Depot Norfolk
  19. Naval Aviation Depot Pensacola
  20. Naval Electronic Systems Engineering Center, Saint Inigoes
  21. Naval Hospital Charleston
  22. Naval Hospital Oakland
  23. Naval Hospital Orlando
  24. Naval Reserve Center Gadsden
  25. Naval Reserve Center Montgomery
  26. Naval Station Charleston
  27. Naval Station Mobile
  28. Naval Station Staten Island
  29. Naval Station Treasure Island – Superfund site
  30. Naval Supply Center, Oakland
  31. Naval Training Center Orlando
  32. Naval Training Center San Diego
  33. Newark Air Force Base
  34. O’Hare Air Reserve Station
  35. Plattsburgh Air Force Base – Superfund site
  36. Vint Hill Farms Station
  37. Williams Air Force Base (Redirect)

The 1995 Base Realignment and Closure Commission – closed 35 bases

  1. Bergstrom Air Force Base
  2. Camp Bonneville
  3. Castle Air Force Base – Superfund site
  4. Fitzsimons Army Medical Center
  5. Fort Chafee
  6. Fort Greely (Realign)
  7. Fort Indiantown Gap
  8. Fort McClellan – Superfund site
  9. Fort Pickett
  10. Fort Ritchie
  11. Kelly Air Force Base
  12. Letterkenny Army Depot – Superfund site
  13. McClellan Air Force Base
  14. Military Ocean Terminal at Bayonne
  15. Naval Air Facility Adak – Superfund site
  16. Naval Air Station South Weymouth – Superfund site
  17. Naval Air Warfare Center Aircraft Division, Warminster
  18. Naval Air Warfare Center, Aircraft Division, Indianapolis
  19. Naval Reserve Center Fayetteville
  20. Naval Reserve Center Fort Smith
  21. Naval Reserve Center Huntsville
  22. Naval Shipyard, Long Beach
  23. Naval Supply Center, Oakland
  24. Naval Surface Warfare Center Crane Division
  25. Naval Surface Warfare Center Dahlgren Division
  26. Oakland Army Base
  27. Ontario Air National Guard Station
  28. Red River Army Depot
  29. Reese Air Force Base
  30. Roslyn Air National Guard Station
  31. Savanna Army Depot Activity – Superfund site
  32. Seneca Army Depot – Superfund site
  33. Ship Repair Facility, Guam
  34. Sierra Army Depot
  35. Stratford Army Engine Plant

Source Accessed on 17 Jan 2016: EPA – Search Superfund Site Information

Source Accessed on 32 Mar 2016: EPA – BRAC installations / Superfund sites

Seeking Justice

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.

West’s Encyclopedia of American Law, edition 2. S.v. “culpable.” Retrieved January 18 2016 from http://legal-dictionary.thefreedictionary.com/culpable

The DOD’s Modus Operandi (M.O.)

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.

Semper Fi Always Faithful Official Trailer
“Semper Fi: Always Faithful” Official Trailer

For information about Camp Lejeune see: See: POGO’s Camp Lejeune Resource Page, POGO’s Blog Camp Lejeune Contamination Cover-up, and The Few, The Proud, The Forgotten If you, a friend, or loved one has been injured or died as a result of the contamination at one or more of the 148 Department of Defense (DOD) Superfund Sites, please watch this trailer and rent or buy “Semper Fi: Always Faithful.”

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)).

http://www.plainsite.org/dockets/7twdnidz/united-states-court-of-federal-claims/american-international-specialty-lines-insurance-company-v-usa/

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.

Barber, et al. v. Ohana Military Communities LLC, et al., No. 14-00217 (D. Hawaii).

Pursuing Justice for MCBH Families - Progress Thus Far
Pursuing Justice for MCBH Families: Progress Thus Far
KVHV Radio News Excerpt about MCBH Contamination
KVHV Radio News Excerpt about MCBH Contamination

Marine Corps Base Hawaii (MCBH) – Facebook
Military Families Deserve Safe Housing

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
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.

AF to Victorville – unsafe levels pesticides housing (PDF - 64 KB)

1998

In the Public Health Assessment for George Air Force Base the ATSDR made the following statements:

ATSDR did not identify any completed exposure pathways from George AFB to children at nearby schools or residential areas.” Page 27

Soil at George AFB does not represent an apparent past public health hazard and does not represent a present or future public health hazard.” Page 28

Extracted - Soil No CEP Children Housing / Schools - George AFB PHA (PDF - 204 KB)

2002

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

George AFB Housing Pesticide Testing - Highest Results Sample Depth (PDF – 95KB)

Extracted Pages AR1773 - George AFB Housing Pesticides Soil (PDF – 147 KB)

2005

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.

SCLA Soil Testing Project CC12-041 (PDF - 709 KB)

2007

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.”

Quitclaim Deed George AFB Family Housing (PDF - 510 KB)

2014

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. …”

2004-04-22 Terri K Crooks VA C&P Claim George AFB Redacted.pdf

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.

2014-12-19 LRWQCB Dieldrin Land Use Controls Violation GAFB OT-071 .pdf

2016

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.

See: George AFB’s Housing and George AFB’s Schools

Quitclaim Deed George AFB Family Housing:

  • Sale Price: $718,685.00
  • 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 …
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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.
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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.
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VIII. OTHER COVENANTS

  1. 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. …
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Grantor: US Air Force
Grantee: Southern California Logistics Airport Authority

Quitclaim Deed George AFB Family Housing (PDF - 510 KB)

Reference

Organochlorine Pesticide:

Definitions:

  • 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
  • DOD – United States Department of Defense
  • POPs – Persistent Organic Pollutants
  • TSCA: Toxic Substances Control Act
  • WHO – World Health Organization

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.

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