SLUDGE VICTIMS

March 3, 2000 NIOSH released to the UMWA an interim report which included the analysis from the 10 sludge samples. The NIOSH report stated: "The purpose of the monitoring was to determine if enteric organisms could be detected after the biosolids had been exposed to environmental conditions for several weeks (from July 7, 1999, until August 26, 1999)." The NIOSH report found "[n]o human enteric [intestinal] pathogenic bacteria, such as Salmonella, Shingella or E. coli, in bulk samples, indicating that there was no residual biological activity specifically related to the sewage sludge." "FUTURE PLANS: NIOSH intends to conduct bioarerosaol monitoring for human enteric pathogenic bacteria, other bacteria, fungi, and enteroviruses at various distances from the application site (on freshly applied biosolids). We would also conduct air monitoring for trace metals and organic compounds, including amines, which may be found in biosolids." * NIOSH's interim report did not address the men's illnesses. Since the release of this report - DEP has been using it to promote the safety of sludge and they are using it to say NIOSH concluded there is no connection between sludge and Tony's death.

May 12, 2000 - Pennsylvania Department of Environmental Protection released their report entitled "Report on the Investigation into the Application of Biosolids at the Al Hamilton Mountain Top Mine Site and the Death of Tony Behun" signed by DEP Secretary, James M. Seif.

* This report refers to NIOSH and the UMWA several times *

May 16, 2000 - In response to DEP's May 12, 2000 investigative report UMWA Safety Representative, James Lamont sent Len Martin the following letter: "I received then reviewed the DEP report labeled, "Investigation into the application of Biosolids at the Al Hamilton Mountain Top Mine Site and the Death of Tony Behun," dated May 2000. Page 5 of the report gained my particular attention in that I can testify that certain parts of this page are grossly in error, and are downright false. If you will go to page 5, and pick up where the DEP states,: "Martin also alleged that DEP District Mining Manager Mike Smith had attempted to have the NIOSH investigation halted. In an attempt to confirm the allegation, the Department again spoke with Nancy Burton. Ms. Burton stated that neither Mike Smith nor anyone else from DEP had asked that the investigation be halted. Rather, she said that Mr. Smith asked that he be sent a copy of any report that NIOSH issued." After reviewing this Len, I couldn't believe what I saw. I pulled from my files, personal notes that I take of every phone conversation. From that are the following: On Tuesday, October 12, 1999 Nancy Burton (Industrial Hygienist from NIOSH) called. Nancy informed me that a Mr. Michael Smith, a Supervisor for DEP at the Hawk Run, Pa. Office called her. Mr. Smith, she said, believes that Power Operating Inc. will soon be sold, and that the UMWA isn't pushing the sludge issue anymore. She told me that she thought I would be very interested in that conversation.. I told Nancy that no one from the UMWA made any such claim, and that the UMWA International is involved and had no intentions of backing off of this issue. I thought you would be interested in knowing the truth of what actually should have been addressed in the DEP report."

May 30, 2000 - The UMWA, Safety Administrator, Joseph Main sent a letter to NIOSH, Nancy Burton, M.P.H., M.S., C.I.H. in Columbus, Ohio: "The (NIOSH) interim report failed to cite the fact that NIOSH delayed collecting samples at the mine until about 60 days after the sludge had been dumped and the miners became sick. That gap would have been sufficient to allow many of the enteric pathogens, which were the focus of the NIOSH study, to die off. We have also questioned the extensiveness of the NIOSH testing for other harmful elements, particularly given other findings where sludge was dumped. In previous conversations the UMWA expresses concerns that incomplete information contained in the March 3, 2000 interim report would be used by promoters of Sludge dumping who would ignore the health risks. We were disturbed to hear that Pennsylvania DEP had apparently interpreted your findings that dumping of the Sludge has no ill effects. What is more disturbing in this case however is that DEP was aware of the interim report shortcomings, but chose to ignore them." "