SLUDGE VICTIMS

May 2001 update - compiled by Helane Shields - prepared for WWW by ESRA

Subject: BEHUN, UMWA and RUSH TOWNSHIP SYNOPSIS
Date: November 26, 2001
From: Len Martin

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June 28, 2000 - State Representative, Camille George sent a letter (on behalf of Tony's mother) to Robert Zimmerman, Secretary of Pa. Department of Health: "Dear Secretary Zimmerman: Last month, the state Department of Environmental Protection apologized to Mrs. Robertson for stating that her son died from an infection resulting from a bee sting and for stating the site had not been sludged before the incident. In his apology to Mrs. Robertson, Mr. Seif said his department found no medical or scientific evidence that Tony Behun's death was linked to sludge. The DEP based its conclusion, in part, on evidence collected by Joel H. Hersh, director of the Health Department's Bureau of Epidemiology. Considering the DEP's horrific track record in this case, it is only natural that Mrs. Robertson would want to examine the information that lead the agency to conclude that no link was found between sludge and her son's death. In a letter to Mr. Hersh that I've enclosed, Mrs. Robertson requested additional information concerning the investigation into her son's death. Mrs. Robertson also filed a consent for release of information. The Health Department, in a letter I've attached from Senior Counsel Grace R. Schuyler, denied Mrs. Robertson's request, saying the Health Department's involvement in the investigation was "very limited." Ms. Schuyler also suggests that Mrs. Robertson write to DEP for the information. However, I have been stymied trying to obtain information from the DEP. It also makes little sense for Mrs. Robertson to request the information from DEP because it is that agency's veracity she is trying to determine. According to the DEP, Mr. Hersh reported that the boy died of a pathogen "not known to be found in bio-solids." That statement has been refuted by two accredited scientists, Dr. David L. Lewis, a microbiologist with the federal Environmental Protection Agency, and Nancy Clark Burton, an industrial hygienist with the National Institute for Occupational Safety and Health. As Mrs. Robertson informed Mr. Hersh, the EPA lists the pathogen as being present in sludge and as posing a public health threat. In short, Mrs. Robertson has good reason to question the DEP's conclusion concerning her son's death. It's a cruel game being played." "Consider the treatment Mrs. Robertson has received so far from state agencies: Told her son died from a bee sting. DEP later retracted and apologized. Told incident occurred before sludge applied to land where he played. DEP later retracted and apologized. Told no medical or scientific evidence links her son's death to sludge. Denied information compiled by Health Department leading to DEP's conclusion. Told to seek information from DEP. In the name of decency, I urge you to reconsider your department's refusal to release the information to Mrs. Robertson. There can be no closure on this tragic story without it."

August 7, 2000 - Robert Zimmerman, Secretary of Pa. Department of Health sent a letter to State Representative, Camille George stating "the Department of Health was involved in a limited capacity in this matter and, in fact, did not conduct an investigation into Tony Behun's death. Any OPINIONS offered by Mr. Hersh were based solely on the limited information from the patient's record and the death certificate six years after the patient's death. The Department of Health is not refusing to release information on this matter to Mrs. Robertson but advising Mrs. Robertson that she should work with the DEP as they are the responsible agency handling this matter."

July 28, 2000 - The National Institute of Occupational Safety and Health (NIOSH) released a Hazard Identification entitled: Workers Exposed to Class B Biosolids During and After Field Application. The report, released by the CDC's (Center for Disease Control) National Institute of Occupational Safety and Health, found:
* Enteric organisms that may be found in Class B biosolids include, but are not limited to, Escherichia coli, Salmonella, Shigella, Campylobacter, Cryptosporidium, Giardia, and enteroviruses.
* Exposure to it may result in disease or a carrier state where disease can be spread to others
* Class B sludge stored before it is applied contains high levels of coliform.
* Workers may be exposed to disease-causing organisms while handling Class B sludge.
* Potentially disease-causing bacteria were found in bulk and air samples at a land application sludge site.

Aug. 3, 2000 - HARRISBURG, State Rep. Camille "Bud" George, Democratic chairman of the House Environmental Resources and Energy Committee, today called for the immediate suspension of all Class B sludge applications in Pennsylvania. reference
"The Centers for Disease Control's latest study confirms that workers may be exposed to >disease-causing organisms while handling or disturbing Class B sludge on farms or mine reclamation sites," said Rep. George, D-74 of Houtzdale." "The state Department of Environmental Protection must immediately halt Class B sludge dumping and begin protecting workers and the public," Rep. George said in a letter to DEP Secretary James M. Seif.


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