[HexWatch 2011] The Sign Over Tunnel 7

There is no fence that prevents you from walking through Tunnel 7 to the excavation area of Headworks. Take a walk or ride your horse through the tunnel and you can watch LADWP workers digging up and moving tons of soil contaminated by Chromium VI all day if you like. Of course, there is a sign that warns of noise from heavy machinery -- that might scare the horses. And there is a sign that warns day hikers and equestrians not to bring too much weight on the bridge as they cross. I saw a No Smoking sign. That was helpful. But I saw no sign warning of any environmental hazard in the area or any mention of Cr VI.

Interestingly enough, as I came back out through Tunnel 7, something did catch my eye. Somehow, I had missed it on my way in.

A humble memorial plaque smack dab center over the tunnel entrance:

Whether this gentleman's middle name began with a "Y" or an "E," we may never know.

But at least I found my warning sign at the entrance to Tunnel 7 on the way to Headworks.

[HexWatch 2011] The Glove Fits. Disney Admits. A Bit.

Way back in late October 2009, after a judge denied Disney's motion to dismiss the Chromium 6 lawsuit by EWW, Disney officials went on record and continued to deny all charges levied by the suit. Disney spokesman, Jonathan Friedland went so far as to claim that Disney has "not used Chromium 6" on its property -- which is a big statement and, to a reasonable person, pretty much means Disney "never" used Chromium 6 on its property...

USEPA, already aware of Chromium 6/Disney allegations from a 1991 inquiry and not in the habit of accepting the word of Disney PR guys and lawyers as gospel, opened its own investigation.

Now, if I may defend Disney for a moment, EVERYBODY sues them and if someone told me that half of Disney's "cast members" were lawyers, I'd believe it. Being a lawyer for Disney has to be like cleaning up after the elephants in the center ring of a circus. As soon as you get all the big shit put away, somebody sends out a parade of camels....

Anyway, due to the large number of suits filed against them, Disney is in the habit of "deny and delay until they go away." If you're suing us because we have big pockets, we'll wait you out until yours are empty. Even interoffice memos at LADWP referred to Disney as being uncooperative with USEPA.

Of course, nobody has pockets like Uncle Sam (deep and empty, wink wink) and eventually USEPA got fed up with Disney's behavior and sent this 30-day demand letter to Disney President Robert Iger.

DID Disney respond after 30 days? Yes, they did. After months, if not years, of stonewalling, they provided an interesting chronology as the tip of the iceberg:

July 10, 2012 Trial Date Set For Disney Chromium 6 Civil Suit

(Okay, so it won't be Judge Judy presiding, but I'm getting a little loopy going through all these court docs.... Highlight Below: Both parties agree on last day for out of court settlement.)

ORDER GRANTING JOINT STIPULATION AND REQUEST FOR RELIEF FROM SCHEDULING ORDER by Judge Dolly M. Gee 75 . The Amended Scheduling and Case Management Order of July 13, 2010. [Doc. # 59] is hereby modified as follows: Scheduling Event Modified Schedule Fact (non-expert) discovery cut-off November 21, 2011. Last day to exchange expert witness reports December 16, 2011. Last day to exchange rebuttal witness reports January 27, 2012. Last day to complete expert discovery March 9, 2012. Last day to file dispositive motions March 13, 2012. Last day to complete settlement conference February 28, 2012. Last day to file motions in limine May 17, 2012. Last day to file oppositions to motions in limine May 24, 2012. Final Pre-Trial Conference June 12, 2012 @ 2:00 p.m. Jury Trial July 10, 2012 @ 8:30 a.m. The above-captioned matter is set for a telephonic status conference with the Court on July 25, 2011 at 11:00 a.m. SEE ORDER.

(Thinking Aloud: IF the case actually goes to trial and IF Disney is actually found liable for discharging Chromium 6 into the streets of Burbank and/or Headworks, could LADWP eventually be held liable for 60 years of negligence?)

[HexWatch 2011] Old Yardstick/New Tricks

Dateline: November 10, 2010 -- LADWP, after halting the excavation and siting of its 100-million gallon water tanks for an extended length of time in an area known as The Headworks, receives a re-assessment report of the project's exposure risks for Chromium VI...

The language is uhm, not-so-clear. But the idea is fairly obvious;

If you build restroom facilities in the new Headworks Park (yes, when in doubt, plant some trees and put a park on top of it....), make sure you particularly avoid two Cr VI hotspots, because if any repairs are needed on the underground plumbing of those new restrooms, maintenance workers will be exposed to dangerous levels of Chromium VI.

"Wow," you say, "but doesn't Chromium VI always degrade to the safer Chromium III over time? Eventually it will be safe, right?"

(Shakes head, wags finger) In this case, maybe not...

But that's another story to be told. It takes place over a 60-year period and it's called "A Funny Thing Happened On The Way To The Spreading Grounds." It is the cause of much consternation between The Walt Disney Company, a whole bunch of lawyers, US EPA, CAL EPA, a regional water board, a trio of municipal utilities and, quite possibly, a singing Chihuahua looking for love in all the wrong places.

But I digress.

Today's story is called "Old Yardstick/New Tricks." It's an epic suspense/adventure about how a municipal utility found the courage to leap forward with a water project in a chemically hazardous area before new, stiffer health and environmental regulations become the law of the land and sabotage the entire thing.

Here's how it goes:

Somewhere Around February 2010

A report is commissioned by LADWP upon discovery that they have eyebrow-raising soil contamination numbers for deadly Chromium VI at their Headworks property where they have just begun excavation to install 100-million gallon tanks for drinking water storage. Work is halted. No official or public mention of Cr VI contamination is made.

November 2010

The report comes back to LADWP. Using the broadest currently accepted state screening levels and pre-2010 USEPA levels for Cr VI, it's called "Risk Assessment of the Potential Future Use of the Headworks Spreading Ground as a Park Following Installation of New Water Storage Tanks" and, like that title says, it assesses future use of Headworks as a park for humans to recreate, fully cognizant of the fact that very high levels of Cr VI are presently in soil samples in two specific areas and that seven of 18 water wells in the area were contaminated with Cr VI. The report also suggests that, if children use the "future" park, they should only visit once per week when school is not in session and one 2.7 hour visit once every other week when school IS in session to avoid higher than normal cancer risks. Piece o' cake. Kids are always good with rules. Especially when they're not posted anywhere.

December 2010

Environmental Working Group (EWG) comes out with a report on Cr VI levels in U.S. drinking water that receives a surprising amount of national attention. In the survey, a sample taken from a water fountain in an area adjacent to Griffith Park comes out rather high (MCL = Maximum Contamination Level). Courtesy of the EWG, all hell then breaks loose. Feinstein and Boxer jump in, calling for USEPA to get a handle on the MCL (and PHG -- Public Health Goal) for Cr VI immediately. Lisa Jackson, head of USEPA promises swift action.

Sometime In January/February 2011

Timing sucks and things get a little weird for that November Hexworks, uh, Headworks report. Spurred on by irate U.S. Senators and angry thirsty people everywhere, State of California through OEHAA and USEPA are now both taking public comment and advancing toward new improved numbers and regulations with much lower MCLs/PHGs thresholds for Cr VI. The clock is ticking and State of California's higher, older threshold numbers could be out of date sooner than later. LADWP, like it always does with new regs, new renewables mandates (Is it 20%, 33%, 40%, I dunno -- what day is it??) is gonna get screwed. Not only that, but a whole bunch of nasty skeletons are just knockin' on the closet door, ready to fly out, because LADWP has had oversight of The Headworks since 1938 and from then til now, only one company has had permission to recycle its water through Headworks soil: The Walt Disney Company.

And from then til now, LADWP provided little, if any, oversight for six decades.

So, you can imagine the crunchiness of the situation....

And Disney is pissed because USEPA is now forcing them to cooperate with their investigation and just tightened the screws with this letter and a demand that they respond in full within 30 days.

Meanwhile, a Cr VI-related civil lawsuit alleging wrongful death continues its stroll through the court system and even Disney's world-class legal team cannot seem to stop it.

The clock is ticking not only for Disney, but for LADWP.

And LADWP has a decision to make.

"Do we re-start the Headworks project or do we wait for new, lower Cr VI screening levels to be adopted by regulatory agencies which will cost our project even more?" Hmm.

"Do we tell everyone in the world that we took a 60-year nap while Disney dumped tons of Cr VI contaminated water into the Headworks Spreading Ground?" No.

"Do we ignore the mandate from Homeland Security to protect our water from terrorists by installing underground tanks?" We shouldn't. Let's call Eyewitness News.

"Do we have a current assessment of the property for future use that puts us in the clear?" Yes, we do.

"Even though future use wasn't considered with future regulations currently being considered?" Please, let's live in the present.

LADWP's decision?

"Damn the torpedoes, Full speed ahead!"

Addendum: Next Friday, July 29, 2011, California's OEHAA Maximum Allowable Dose Level rule on oral ingestion of Chromium VI becomes effective.

It is less than half the Cr VI contamination level found by EWG in that Griffith Park drinking fountain a year ago.

[HexWatch] The calm before the Cr VI shit-storm

What's that sound?

Why, it's the sound of environmental justice a- comin' down the Chromium VI-tainted track along Headworks, Griffith Park, and the LA River!

It sounds a little distant now, but the freight train of truth is well on its way. When the shit-storm hits, you'll know. As will the numerous corporations, municipalities, and public entities that willfully placed themselves in The Cowcatcher of Justice's path.

You have been hearing it here first, folks.


 

[HexWatch 2011] Their Guys/Our Guys

EPA Worker at Hazardous Site

LADWP Worker at Headworks Site

[HexWatch 2011] "Look Ma, No Hex!"

About a dozen LADWP employees celebrated Friday the 13th by showing up to push tons and tons of contaminated dirt around over at Headworks. The workers didn't wear any kind of respiratory masks, so we have to assume they were born without lungs.

Either that or after 16 months, LADWP still has not informed its workers of the Chromium VI contamination and its effects on internal organs.

Gotta love the thinking behind the City of Los Angeles and LADWP. I mean, just because there's a snake in the sandbox doesn't mean it's poisonous, so let the kids play!

[HexWatch 2011] LAT/Glendale News-Press Provide Minimum Daily Required Irony

Fantastic article straight from the lips of an LADWP spokesman and through the pen of writer Bill Kisliuk about multi-million dollar plans to install 110 million gallon water tanks at Headworks that "will keep our drinking water in compliance."

Last I knew, Headworks had a problem with Haxavalent Chromium VI in its soil.

Last I knew, Hex Chrome VI penetrates people, animals, and water tanks, pipes, etc.

If you're an unsuspecting male LADWP worker at Headworks, it's a terrific job if you enjoy the nightlife and don't want the hassle of getting bogged down by a family.

Favorite line:

The locals most familiar with Headworks are equestrians in the Burbank and Glendale Rancho neighborhoods who use tunnels underneath the 134 Freeway to get to Griffith Park trails.

My coffee almost came out my nose when I read the quote from the woman who brought her horse through Tunnel 7 and said that the construction machines can be scary...for her horse...while she stands on contaminated dirt, breathing the dust of an area infused with one of the most deadly toxic substances known to man. A toxic substance that has no safe level.

[HexWatch 2011] A Visit To The L.A. City Energy & Environment Committee

On Tuesday morning, I was out the door at 7:15a, gave the MTA six bucks and took the Orange Line to the Red Line to City Hall in order to be at the L.A. City Energy & Environment Committee by 9:00 to offer two minute public comment at a couple minutes past 10:00a. Had to speak really fast because, after all, I only had two minutes and committee members and staff were anxious to get to their City Council meeting. Here's what I had to offer:

"Madame Chair, Honorable Members of the Energy & Environment Committee,

My name is Bill Haller. In the last few years, I have appeared before your committees as the Lake Balboa Neighborhood Council President representing more than 40,000 stakeholders in our district in CD 6. I have also appeared before this body as the volunteer State Chair of Sierra Club California’s Air Quality Committee representing more than 150,000 club members in our state. Today, I come before you as an LADWP Ratepayer representing what I believe to be the best interests of 3.8 million residents.

In December of 2010, I received a tip as a result of my environmental blogging on Griffith Park Wayist. I began researching and writing about Hexavalent Chromium VI in the Headworks area of Griffith Park. The email document now in your possession was that tip.

This LADWP interoffice document indicates that, on February 1, 2010, more than a year ago, soil sample tests came back to LADWP showing an extremely high level of Hexavalent Chromium VI in the Headworks area of Griffith Park, about eight times the USEPA’s “concern level” for industrial soil exposure. As backup, I have also enclosed my writing from the Griffith Park Wayist blog. For the research links, you’ll have to go to the blog.

We know the name Erin Brockovich. She brought to light the activities of how a private utility tried to hide the incredibly damaging effects of Hexavalent Chromium VI visited on the men, women and children of Hinkley, CA.

Yet here we are in 2011 with the possibility of our own Hinkley and after 14 months of no true information or action by LADWP, the people of the City of Los Angeles still remain largely unaware of the actual danger contained in Headworks soil because someone, some group or some attorney at LADWP thought it in the public's best interest NOT to inform them.

This past year, we have had days and days of high winds, kicking up dirt and dust and days and days of rain.

One question to ask LADWP:

Whose lives, whose families are we protecting by NOT informing the public that there are extremely high levels of Hexavalent Chromium VI buried in Headworks' industrial soil next to a park where our elderly visit, a playground where our children play, and an equestrian center where our athletes and hobby riders keep their horses?

I ask that this committee take immediate action and let the public know with certainty that it is safe to bike, ride and play in the area adjacent to Headworks OR if everybody should steer clear of a life-threatening environmental hazard.

Thank you."

HexWatch 2011: KABC Clueless As To Real Story?

Enjoy the KABC link....

Buried deep in the story, like a new pipe easily penetrated by Hex 6, is the statement:

The DWP admits that the [Headworks] project has been delayed by weather and other unforeseen complications.

Well done, KABC.

No journalistic effort needed toward defining the source of those "unforeseen complications," eh?

Not when Disney owns ABC.

HexWatch 2011: legal pile-on begins, LaBonge goes green?

Healthy rumor comes to Griffith Park Wayist that following the EPA's lead, yet another major governmental entity is about to pile on Walt Disney Studios in Burbank by dropping another set of major papers on them.

These lawsuits allege that Disney has not only dumped huge amounts of toxic Chromium 6 into the LA River via Headworks, seriously contaminating Griffith Park and local residents for the better part of a century, but that the studio has engaged in major efforts to cover up the crime.

The timing of this reveal is very interesting with an important election in CD 4 taking place in just weeks. Might Tom LaBonge have learned about this alleged crime and finally taken a true enviro stand by orchestrating this reveal?

If true, this blog is going to have to do some serious re-evaluation of the politician's career.

If true, we'll be happy to do it.

HexWatch 2011: OEHHA Seeks Public Comment

Winner of the Most Misfortunate Use of an Acronym by a Public Office award (the esteemed MMUAPO award), the Office of Environmental Health Hazard Assessment (OEHHA), has sent out a press release (here) seeking comment on Hexavalent Chromium 6 levels in California's drinking water. It's a Public Health Goal referred to in the release as a "PHG" -- to which I respond "OMG." Do send in your comments ASAP.

If you read the doc and get confused by the ppb (parts per billion) being discussed instead of the ppm (parts per million) we have been using in prior posts concerning Hex 6 in soil at Griffith Park's Headworks, fear not, you are in excellent company.

Simply put, Environmental Working Group found L.A.'s drinking water to have 20 ppb of Hex 6 (here).

California's OEHHA is seeking a maximum Hex 6 level in our drinking water of 6 ppb.

Let 'em know how you feel.

If enough of us do submit comments by January 30, they are likely to establish a legal standard for our state.

Meanwhile, U.S. Sens. Boxer and Feinstein are working the feds on establishing standards as well, but that will probably take a while.

Headworks and Hex 6: Dirt At Sky High Levels

Earlier this week, Environmental Working Group (EWG) came out with a national survey on Hexavalent Chromium (aka Chromium VI) in the drinking water of major US cities, including Los Angeles.

Reacting to the findings, U.S. Senators Boxer and Feinstein quickly put together a press conference about how they are now rapidly creating federal legislation to address the Chromium VI problem.

Chromium VI is a nasty little metallic element. To many scientists and health professionals, even at 1 ppb (parts per billion) there are no safe levels of this deadly chemical.

California's state target for safe levels of Chromium VI is less than or equal to 6 ppm (parts per million). The Fed's target has been 10 ppm.

EWG's report weighed in at 20 ppm for Los Angeles water; double the Fed and more than three times the state target level.

Speculation (and it is speculation) is that EWG took its water samples near the Headworks in Griffith Park and nearby public access water sources.


But here's where it gets interesting:

According to our sources, in December of 2009, Regional Screening Levels for Hex Chromium in the adjacent residential area soil came in at roughly one-third of what USEPA would be concerned about. Concern level in soil would be a measured concentration of .86 mg/kg (86 ppm) of Hexavalent Chromium or greater.

Not a big deal at all.

But the kicker?

In December of 2009, industrial soil from Headworks tested at an astonishing 5.3 mg/kg (530 ppm).

Status of the Cr VI lawsuit against Disney et al.

From the  website of plaintiffs Environmental World Watch Inc. "updated 1/08/2010":

The case in downtown Los Angeles Superior Court is moving along nicely. The next hearing is scheduled for January 2010. The previous demurrer motions by defendant were denied by the court and the case will proceed in accordance with the time frame established at the case management hearing.

Keep in contact with this web-page for monthly updates and/or BREAKING NEWS. CBS Television in Los Angeles and other media outlets have taken significant interest in the case and are waiting for the next chapter to this 1939-2010 story of enviromental [sic] damage.

Further testing and evidence gathering has revealed a much larger case and contamination isopleth. New EWW counsel Girardi/ Keese, LLP will announce the filings of pertinent information in new jurisdictions soon. Preliminary findings and subsequent back-up testing have revealed in early 2010 that most of the City of Los Angeles Equestrian Center, Griffith Park trails, portions of Burbank and Glendale appear to be contaminated with Cr. VI at unsafe levels.

The recent announcement by the State of California Office of Enviromental [sic] Health Hazard Assessment [OEHHA] that the Public Health Goal [PHG] for Cr VI is going to be lowered to near the level of detection [at or about 1 part per trillion] impacts the No Significant Risk Level [NSRL] for carcinogens. The significance of this scientifically formulated enforcement tool could be devastating for companies that have left a Chromium VI contamination plume in California.

Breaking: Chromium VI in Griffith Park?

A documented lawsuit against Disney Studios may lead to a reveal of major Chromium VI contamination of sections of Griffith Park, the Los Angeles Zoo, the LA River, and perhaps much of Los Angeles's drinking water.

The Wrap reported back in January that Disney is being sued for an alleged decades-long Chromium VI dump from air conditioning runoff at their Burbank property. From the piece:

An environmental lawsuit against Walt Disney’s 50-acre Burbank film and TV production facility that has been quietly winding through federal court may soon be getting more attention -- and not just for its "Erin Brockovich" connections. At the heart of the controversy is the alleged half-century of dumping by Disney of polluted air-conditioning water into storm drains surrounding its studio complex at 500 Buena Vista St. – affecting nearby homes, the Burbank Equestrian Center, Johnny Carson and Polliwog parks, and parts of Griffith Park.

The August 2009 federal lawsuit, filed by Environmental World Watch and several individuals who live near the Disney studios, alleges the discharge contained excessive levels of the carcinogens Trichloroethylene (TCE) and Tetrachloroethylene (PCE), as well as hexavalent chromium, more familiarly known to viewers of “Erin Brockovich” as Chromium 6.

Now come reports of the possible spreading of Cr VI from this source via the LA River and the Griffith Park property alongside the river and the 134 freeway called the "Headworks".


View Larger Map

This is the land that the DWP was supposed to be installing underground water tanks to take the place of the Silverlake Reservoir in the City's water distribution system.  Construction at the site unexpectedly came to a halt earlier this year. DWP representatives at public meetings stated at the time that the delay was due to drilling hitting previously unknown sediment layers that were unstable. It is unclear whether the delay has anything to do with the breaking rumors of Cr VI contamination.

Read the plan for Headworks at the DWP site.

Plan discussion from LA Creek Freak.