PCBs are illegal to leave in place and do harm to our children, and yet that is exactly what the Santa Monica Malibu Unified School District intends to do

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Congress banned PCBs in 1978 and at 50 ppm PCBs are required by law to be removed.

Results found at Malibu High School and Jaun Cabrillo:

Juan Cabrillo Room 19: 340,000 ppm

Malibu High School room 506: 370,000ppm

The independent test results were analyzed at an EPA-approved laboratory using EPA testing method 8082a and went through third-party independent quality control, quality analysis (QAQC) process. This testing and QAQC takes time, but it validates the testing results by multiple independent parties.

Previous results (November 2013) Malibu High School Library: 1850 ppm

SMMUSD's Superintendent Sandra Lyon misleads Parents with inaccuracies, and leads parents to believe that EPA is directing plans at MHS; The EPA Says no, that is not true.

The EPA rejected the SMMUSD's first PCB Plan, and the Second PCB Plan is still pending EPA Review. The Parents and Teachers have publicly asked the EPA to reject the SMMUSD's second plan:, as that plan violates the Federal Toxic Substance Control Act.

The Santa Monica Malibu Unified School District (SMMUSD) proposed plan (that was submitted to the EPA) is to leave PCBs in place for 15 years, with the right to extend. There is no remediation, and no removal being proposed by the SMMUSD. The SMMUSD's agenda is to put its own liability and finances before the health and safety of students, and ahead of a parent’s right to know about toxins at their child’s school.

The district has spent about a million dollars on lawyers rather than $100 per caulk test. Just what is the school district spending so much money to hide from the public?

Testing approximately 150 classrooms and offices throughout the 3 campuses (including bathrooms and storage rooms) would only cost $60,000. Then everyone would know where the sources of PCBs are and be in a position to discuss the best way to remediate, remove or rebuild.

Until this source testing is done, the Malibu community cannot ever be assured that their children are not being unnecessarily exposed to toxic PCBs. Testing the caulking could trigger further TSCA violations and that is the reason the district is avoiding caulk testing.

Examples of other School District where PCBs were above the legal limits, and as a result were removed by those school districts and not left in place.

Lexington, CT: approx. 37,000 ppm (built a new school rather than remove)

P.S.199 Manhattan, NY: wall panel corridor 217,000 ppm (was removed)

Brooklyn, NY corridor display case: 440,000 ppm (removed)

Read John Ferbas MS., Hyg., PH.D. July 2014 letter to the EPA and SMMUSD.

"It seems that some are allowing themselves to get lost in the weeds of what is permissible tolerable limit (PEL) to PCBs may or may not be, or who has the authority to test for PCBs. IF the PEL concept had any legitimacy, (the gov't) would still allow for new construction to use PCB-laced caulking so long as it remained below a threshold: but (they) do not because it is wrong (illegal) to do so. So the fact that MHS and JC contain caulking with PCB levels orders of magnitude above even the most conservative PEL estimates is egregious." -Ferbas

Children cannot be exposed to PCBs, lower IQ, Memory Loss, Autism, Auto-Immune, Thyroid, Hypertension, Cancer... Congress passed a law protecting American's from PCB exposure...50 ppm and it must be removed!

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Barry Fagan, Law Offices of Barry S Fagan | Attorney Advertising

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