AMERICA UNITES FOR KIDS ACCUSES THE SANTA MONICA MALIBU UNIFIED SCHOOL DISTRICT OF “SECRET CLEANING” BEFORE PCB DUST AND AIR TESTING

On Tuesday, December 16th, 2014, the SMMUSD ordered a “special” cleaning of the classrooms prior to Environ testing the dust and air. They asked teachers to remove all items from all surfaces so they can send a “special” crew to remove dust from surfaces; the same surfaces that Environ will be wipe testing hours later.  Click Here to see email

Special-Cleaning-12-16-2014

This renders PCB results meaningless. The goal of wipe and air testing is to see what the students and staff have been exposed to for the past 4 months. However, if they clean it hours before testing then any evidence of PCB exposure is removed.

This was done to guarantee the results are below EPA guidelines. Sadly, these test results will be nothing more than a PR move by the district to reassure parents and waste taxpayer dollars.

Last summer, Environ proposed a pilot study to evaluate the effectiveness of PCB Best Management Practices cleaning. If the district is interested in knowing what students and staff are being exposed to through-out the year, why not investigate and perform unannounced, random wipe and air tests, rather than secretly clean all the dust before testing?

EPA States Caulk Tested by Independent Parties Must Be Removed

Steve Armann, EPA manager Region 9 states the district must remove all PCBs greater than 50 ppm in compliance with TSCA and “this includes caulk tested by independent parties.”

Click here to read:

http://malibuunites.com/wp-content/uploads/2014/01/EPA-email-says-independent-tests-must-be-removed-12-2014.pdf

The Oct 31st approval by the EPA was very clear:

“EPA’s included approval address (ONLY) the PCBs remaining in the substrate (known as PCB remediation waste) after PCB-containing caulk is removed at both schools.” Meaning PCB sources must be removed and the sources that have contaminated other material (called PCB remediation waste) can be left in place until renovation occurs and levels in air and dust remain below guidelines

Click here to read:

http://malibuunites.com/wp-content/uploads/2014/01/10-31-2014-EPA-Approval-Remediation-Waste.pdf

Declaration of Jennifer Denicola with supporting emails from the US EPA Region 9:

document-97

The EPA is now Rolling Back PCB Safeguards and has as a Result Significantly Raised the Toxic Exposure Levels for Our Nation’s Children

https://lawofficesofbarryfagan.wordpress.com/2015/08/22/the-epa-is-rolling-back-pcb-safeguards-and-has-significantly-raised-the-toxic-exposure-levels-for-our-nations-children/

The SMMUSD is Spending an Outrageous Amount of Money to Distract the Parents and Students

The PCB levels have come back at some of the highest in the nation and the EPA has ordered the removal of PCBs including those from independent tests. So the 6 million dollar question is, why spend over 6 million dollars with Environ doing “distraction” testing and Pillsbury Law firm rather than spend it to remove PCBs from our children’s schools?

Especially when the costs to remove PCB-laced caulking is estimated to be under $1 million.

Dec 22, 2014: SMMUSD Releases their Legal and Environmental Expenditures Pursuant to a Public Records Request.

Click to Review invoices from: Environ, Pillsbury Law Firm and Mark Katchen.

http://malibuunites.com/wp-content/uploads/2015/01/PO-Approved-By-Board-pdf.pdf

http://malibuunites.com/wp-content/uploads/2014/12/Santa-Monica-Malibu-USD-Document-Production-Part-1-of-3.pdf

http://malibuunites.com/wp-content/uploads/2014/12/Santa-Monica-Malibu-USD-Document-Production-Part-2-of-3.pdf

http://malibuunites.com/wp-content/uploads/2014/12/Santa-Monica-Malibu-USD-Document-Production-Part-3-of-3.pdf

SMMUSD’s expenditures and approvals to date include:
More than $3.2 million on environmental consultants, primarily to monitor rather than remove pollutants;
$775,000 on the environmental defense law firm Pillsbury Winthrop Shaw Pittman, without any litigation pending; and
Tens of thousands of dollars on lodging and travel expenses including a luxury beach “villa” summer rental for $9,000 per month, as well as thousands more on hotels, meals, and travel billed by the environmental engineering firm Environ, even though Environ was hired in part because it is locally based.

See list of SMMUSD expenditures to date: Over $6,500,000 and still rising!

11200986_700561446719884_1823505260638714771_o

July 15, 2015
Aug 12, 2015
See link to the Santa Monica Malibu Unified School District’s Most Recent List of Expenditures relating to the Toxic Substances Control Act Violation Lawsuit (TSCA):

http://malibuunites.com/wp-content/uploads/2015/09/Purchase-Orders-Approved-at-Board-Meetings2.pdf

Purchase-Orders-Approved-at-Board-Meetings2

The Santa Monica Malibu Unified School District appears to be more interested in attempting to limit their exposure to liability from a toxic tort complaint, rather than to just simply comply with the TSCA, and protect its students and teachers from this continuing harm.

PCBs Affect a Whole Building, Not Just a Single Window

If PCB-laden caulking over 50ppm has been found in one classroom, then it is probable that PCB-laden caulk is in all classrooms in that building. It would be absurd to propose removal of only the tested window (which is what the district has proposed) when adjacent windows used the same caulking that contain high levels of PCBs.

12029766_766201816822513_7554779534588348547_o

There is a statistically significant “relationship” between spending your days at Malibu High School and Thyroid Cancer

For details, go to: https://lawofficesofbarryfagan.wordpress.com/2015/06/24/there-is-a-statistically-significant-relationship-between-spending-your-days-at-mhs-and-thyroid-cancer/

On January 12, 2015 America Unites for Kids filed a 60-day notice of intent to sue the Santa Monica-Malibu Unified School District (SMMUSD). The lawsuit is called a Citizen’s Suit and is expressly authorized under the federal law known as Toxic Substance Control Act or TSCA. The suit will be seeking an injunction ordering SMMUSD officials to comply with the requirement under TSCA that all caulk with PCBs over 50 parts per million in the entire school be promptly removed from the Malibu Middle, High and Juan Cabrillo Elementary School campuses.

The person or persons responsible for the alleged violations are Sandra Lyon and Jan Maez, officials of the Santa Monica Malibu Unified School District; Ben Allen, Oscar de la Torre, Joe Escarce, Maria Leon-Vazquez, Laurie Liebermann, Ralph Mechur, Nimish Patel, Craig Foster, and Richard Tahvildaran-Jesswein, current and former members of the SMMUSD Board of Education.

See Notice of Intent to Sue:

http://malibuunites.com/wp-content/uploads/2015/01/60-day-notice-Finalpdf.pdf

See Plaintiff’s Memorandum in Opposition to the SMMUSD’s Motion to Dismiss: document-65

“For all of the foregoing reasons, the Court denies Defendants’ Motion to Dismiss. Defendants shall Answer the FAC no later than June 29, 2015.”

IT IS SO ORDERED.

PERCY ANDERSON, UNITED STATES DISTRICT JUDGE

See attached Order of the Court dated June 15, 2015: document-75

See Plaintiffs’ Motion to Compel due to the SMMUSD’s Refusal to Allow Entry onto Land to Conduct PCB testing: document-71

The SMMUSD appears to be more interested in attempting to limit their exposure to liability from a toxic tort complaint, rather than to just simply comply with the TSCA, and protect its students and teachers from this continuing harm.

Map of Jaun Cabrillo Elementary and Malibu Middle & High Schools

if the classroom has no color coding, then the caulking has not been tested. Avoiding testing the caulk does not make it legal to keep in place, nor does it protect the health of students and staff

41ca7296-de71-4534-b6be-2be448d34592

See JD Supra Article dated May 21, 2015:

http://www.jdsupra.com/legalnews/the-smmusd-has-spent-six-million-dollars-79259/

There are many other troubling issues with the Santa Monica Malibu Unified School District.

For details of this other pending United States District Court for the Central District of California lawsuit, go to:

1. Student v Wendy Wax Gellis & Santa Monica Malibu Unified School District:

https://lawofficesofbarryfagan.wordpress.com/2014/08/25/santa-monica-dispatch-article-concerning-smmusds-retaliatory-acts-against-students-and-parents-by-filing-false-claims-of-child-abuse-with-the-department-of-children-family-services/

2. Superintendent Sandra Lyon’s Errors in Judgment:

“SANTA MONICA TEACHER WAS RIGHT, SUPERINTENDENT WAS VERY, VERY WRONG”

April 07, 2014|By Robin Abcarian (LA Times Reporter)

http://articles.latimes.com/2014/apr/07/local/la-me-ra-santa-monica-teacher-was-right-20140407

http://patch.com/california/santamonica/fire-sandra-lyons

https://www.change.org/p/sandra-lyon-and-smmusd-school-board-an-apology-from-superintendent-sandra-lyon-to-mark-black-for-throwing-him-and-all-teachers-under-the-bus-as-well-as-for-making-a-biased-inflammatory-response-to-mark-s-heroic-classroom-actions

3. Severe Bullying at Malibu High School and Superintendent Sandra Lyon’s Ratification of the Conduct:

http://www.santamonicadispatch.com/2014/02/victim-becomes-villain-in-malibu-controversy/

https://lawofficesofbarryfagan.wordpress.com/2014/08/24/severe-bullying-at-malibu-high-school-the-smmusds-ratification-of-the-conduct/

IMAG0391Student vs. Santa Monica Malibu Unified School District (SMMUSD) et al

LOS ANGELES SUPERIOR COURT COMPLAINT

SPECIAL INTERROGATORY NO. 13:

LIST THE FULL NAME AND JOB TITLE OF THOSE INDIVIDUALS AT SMMUSD (AND/OR MALIBU HIGH SCHOOL) RESPONSIBLE AMENDING/REVERSING CANCELING AND OR OTHERWISE MODIFYING THE DISCIPLINARY SUSPENSION OF DEFENDANT SEBASTIAN SARTORIUS ISSUED IN OR AROUND NOVEMBER 2012.

RESPONSE TO SPECIAL INTERROGATORY NO. 13:

SANDRA LYON, SUPERINTENDENT OF THE SANTA MONICA MALIBU UNIFIED SCHOOL DISTRICT.

4. AUGUST 2015 UPDATE ON CURRENT HEALTH ISSUES WITH STUDENTS AND TEACHERS AT MALIBU SCHOOLS

5 teachers with thyroid cancer,
3 twenty-eight year old alumni with thyroid cancer,
18 teachers with thyroid disease (yes there are 4 more cases reported),
9 alumni in their 20’s with thyroid disease,
One 22-year-old with environmentally induced melanoma,
2 teachers with environmentally induced melanoma,
an uncountable amount of headaches, long lasting rashes, daily migraines, , infertility issues, hair loss, immune issues, respiratory issues, and diabetes.

The Santa Monica-Malibu Unified School District’s Superintendent Sandra Lyon should be fired for not adequately protecting the School District’s students and teachers from all of this continuing harm.

It’s time to fire Superintendent Sandra Lyon

Advertisements