Ethylene Oxide/Sterigenics Updates

Articles Tagged with groundwater contamination

The greatest enduring threat to the residents of East Palestine is contaminated groundwater. Fast remediation — and not empty political assurances — can solve the problem. 

Aerial_view_Norfolk_Southern_freight_train_derailment_Feb_2023The director of Ohio’s Department of Health sought to assure East Palestine residents of their safety by remarking that the cancer-causing solvents from the derailment now in the town are no cause for concern, because these chemicals are already “a part of our everyday life.”

What a terribly callous, ignorant, thing for a health official to say. Just because there were some carcinogens in East Palestine before the train derailment does not excuse Norfolk Southern  dumping tens of thousands of pounds more of them onto the small town.  Plus—and the director should know this—where it comes to carcinogens, there is no such thing as a safe level.  That means that every bit dumped by Norfolk adds to the town’s danger.

Wichita-300x218I’ve been an environmental lawyer for more than 20 years, working for communities whose homes, air, and water have been polluted by industry’s careless disposal of dangerous chemicals.  I’ve seen government respond aggressively to protect its citizens under these circumstances, but more often not so aggressively.  I’ve even seen government pretend that the contamination is not as bad as it really is to justify not doing anything about it.

But I’ve never seen a state government so matter-of-factly abandon its citizens in need of protection as the State of Kansas did to the residents of more than 1,000 homes in the Historically Black neighborhoods that are located Northeast of downtown Wichita, including the Wichita Independent, Northeast Millair, and Northeast Highgate neighborhoods.

Kansas should be ashamed of itself.  It must immediately reverse course and do its duty to protect its citizens against dangerous chemical contamination.

Camp-lejeune-service-members-graduate-college-300x221Update, July 2022: After being passed in the House and Senate, the Honoring Our PACT Act was expected to go to President Biden’s desk for his signature, but it is currently being blocked in the Senate by Mitch McConnell and the Republicans.

After years of denials by the government, Camp LeJeune veterans and their families–who were exposed to cancer-causing toxins on the military base–may be on the brink of getting their day in court.

In a long-overdue action, the House of Representatives recently passed H.R. 3967, the Honoring Our Promise to Address Comprehensive Toxics Act (Honoring Our PACT Act), a broad bipartisan bill that addresses the needs of veterans subjected to toxic exposure. Yesterday, on June 16, 2022, the Senate passed an amended version of the Act. Importantly for Camp LeJeune veterans, this bill includes the Camp LeJeune Justice Act of 2022.

carbonated-water-300x200As environmental lawyers, one of our passions is fighting for clean drinking water for communities affected by contamination. So, it is disappointing that the EPA, under President Biden, has endorsed a Trump administration decision and decided not to regulate perchlorate in drinking water.

What is Perchlorate?

Perchlorate is a contaminant that can be found in groundwater, surface water, and soil. Most perchlorate manufactured in the U.S. is used for rockets and missiles. Perchlorate-based chemicals are also used in safety flares, fireworks, matches, pyrotechnics, explosives, and batteries. Because perchlorates are used in military applications, some countries prefer to keep the amounts they make confidential. So, we do not know the exact amount of perchlorates produced or used in the United States. However, high levels of perchlorates are often found near military bases where the chemicals have been used in rocket fuel. And to no one’s surprise, the Department of Defense and other military contractors oppose limiting perchlorate in drinking water.

Camp-LejeuneUpdate, July 2022: The House and Senate recently passed the Honoring Our PACT Act, which will allow veterans and their families to recover damages for illnesses caused by toxic water at Camp Lejeune by filing an FTCA claim, and if that claim is denied, by filing a toxic tort lawsuit in North Carolina. The Bill was expected to go to President Biden’s desk for his signature, but it is currently being blocked in the Senate by Mitch McConnell and the Republicans.

A United States Marine Corps base in Onslow County, North Carolina was the site of “the worst example of water contamination this country has ever seen.” Camp Lejeune is the second largest Marine base in the United States. Marines and their families lived on base for short periods of time learning necessary skills, since it was an amphibious training base. Then, they would leave to be stationed elsewhere. Little did they know that they were being exposed to toxic water in their temporary homes.

From the 1950s through the 1980s, people living or working at Camp Lejeune were exposed to contaminated drinking water from multiple sites on base. For instance, prior to 1986, water coming from two treatment plants—Tarawa Terrace and Hadnot Point—contained volatile organic compounds. The contamination primarily included perchloroethylene (PCE), trichloroethylene (TCE), dichloroethylene (DCE), vinyl chloride, and benzene. Throughout the base, the drinking water contained toxic chemicals at levels 240 to 3,400 times higher than what safety standards permit.

water-1154080_1920-1024x680In the United States, more than 13 million households rely on private wells to get their drinking water. But unlike municipal sources of drinking water, like a town or city, private wells are not regulated by the government. Instead, private well owners are responsible for the safety of their own drinking water.

To make sure that private well water is free from contaminants, wells should be tested at least once a year. Yet, routine water tests for private wells are uncommon in Illinois and in other places across the country. Without these tests, however, families have no way of knowing whether their private well water is safe to drink.

Testing your well water is important because it’s the only way to determine whether it contains chemicals or other contaminants that may be harmful to your health. The U.S. Environmental Protection Agency warns that the following contaminants are commonly found in private well water:

coal-ash-photo-300x188Among news of federal regulations being scaled back and reports of the drastic climate change situation, it’s nice to hear about a state taking action to protect the environment. This summer, Illinois did just that. Governor Pritzker signed the Coal Ash Pollution Prevention Act, which protects Illinois residents and the environment from the dangerous effects of toxic coal ash.

So, what’s coal ash and why is it dangerous? Coal ash, also called “coal combustion residuals,” is the group of byproducts produced from burning coal. The byproducts include waste from each process in the coal plant, like “bottom ash” sitting at the bottom of the coal furnace and “fly ash” that’s captured going out the smokestacks. Coal ash is one of the largest types of industrial wastes in the United States. Nearly 130 million tons of coal ash was generated in 2014. About one-third of coal ash is recycled, but the majority is either dumped into landfills at the power plants or mixed with water and put in “ponds” behind earthen walls.

Coal ash can be incredibly dangerous to humans and the environment. Depending on where the coal was mined, coal ash can contain heavy metals, such as arsenic and lead. If you eat, drink, or inhale them, heavy metals can cause cancer and nervous system malfunctions, such as developmental delays. They have also been linked to kidney disease, reproductive problems, heart damage, lung disease, birth defects, and impaired bone growth. When coal ash is improperly disposed of, in coal ash ponds that lack protective liners, for example, it can leach into the water, carrying toxic substances into drinking water supplies. Over 100 communities nationwide have been impacted by coal ash leaching. Some impacted communities in Illinois include Waukegan and Peoria.

According to a new report, the state of Illinois has the most leaking coal ash dumps in the United States.

utility-power-plantCoal ash is the waste that is left over after coal is burned. Most coal ash is created by coal-fired power plants that combust coal to produce electricity. According to the Environmental Protection Agency (EPA), living next to a coal ash disposal site can increase your risk of cancer. It can also increase your risk of developing other health problems such as heart disease, reproductive issues, and neurological damage in kids. This is because coal ash often contains numerous heavy metals and carcinogens, including arsenic, lead, and mercury.

Coal ash is one of the biggest types of industrial waste produced in the United States. The EPA notes that in 2012 alone, 470 coal-fired electric utilities generated around 110 million tons of coal ash. For decades, the utility industry disposed of this waste by irresponsibly dumping it unlined ponds and landfills where coal ash chemicals are free to seep into groundwater.

Ford Plant Livonia.jpgLIVONIA, Mich. August 8, 2017 – More than 130 homeowners in the Alden Village neighborhood of Livonia, Michigan will be filing a lawsuit against Ford Motor Company, alleging that dangerous chemicals from Ford’s nearby Transmission Plant have migrated into the neighborhood, contaminating groundwater and soil, and threatening the intrusion of chemical vapors into their homes. Attorneys for the homeowners will file the suit in Wayne County Circuit Court tomorrow, August 9.

THE PRESS CONFERENCE WILL BE HELD

TOMORROW, WEDNESDAY, AUGUST 9, AT 1:00 PM EST,

Thumbnail image for Thumbnail image for water-2296444_1920.jpgTens of thousands of Americans will learn this year that the water just underneath their home-their groundwater-is contaminated with chemicals that some nearby factory dumped probably decades ago, and left to bleed down through the soil, infiltrate the groundwater, and ultimately migrate into your neighborhood.

I’ve been representing families in exactly this predicament for nearly 18 years. This is what I’ve learned they should be doing/asking in response to this news:

(1) Talk to an experienced environmental lawyer about your legal rights and options. Contaminated groundwater, and what to do about it, involves some complicated legal, scientific, and sometimes political issues. Also, while you are going to need access to accurate information, and quickly, in order to make good decisions to protect your family, those most likely to have the information-the polluter and sometimes government-may not want to give it to you. A lawyer can help you get it.

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