Aug. 3, 2000 - Rep. George's letter to DEP Secretary James M. Seif : "The tragic story of 11-year-old Tony Behun, who died a week after playing in Class B sludge in Clearfield County, illustrates the threat to the public. As the NIOSH study notes, pathogens were found in air samples." "Two months ago, I wrote to you urging the DEP to launch a full-fledged investigation into the Behun boy's death, including a health survey of sludge applicators. I have yet to receive a response from you on the matter. However, I hold out hope that this new health data will spur the DEP to action."
Sept. 12, 2000 - Biogro/Synagro-WWW Inc. withdrew its Centre County Court lawsuit against Rush Township, PA. According to Sharon Hogan of Synagro, the Centre County suit was withdrawn on the advise of legal counsel.
Sept. 14, 2000 - Synagro-WWW Inc. (formally BioGro) filed suit for $2.7 million in damages against Rush Township in the UNITED STATES DISTRICT COURT (Federal Court) For The Middle District Of Pennsylvania.
November 16, 2000 - PA DEP representative Dan Spadoni made the following statement during his interview with Alison Harmelin which aired on ABC Fox 23. "A follow up investigation that was done by the National Institute of Occupational Safety and Health - ah - NIOSH - ah - both came to the same conclusion that there was no connection between - ah - the boy's illness and ultimate death and the biosolids."
* PLEASE NOTE - Secretary of the Pennsylvania Department of Environmental Protection (PA DEP), James Seif also referred to NIOSH several times in his erroneous May 12, 2000 report. One example of Seif referring to NIOSH: "Our investigation and the conclusion of NIOSH can not offer you an explanation for the cause of your son's tragic death." *
On what basis does PA DEP claim; "NIOSH concluded that there was no connection between the boy's illness and death and biosolids." The National Institute of Occupational Safety and Health has since stated ""NIOSH does not have the authority to investigate public health, since our agency only investigates workers health complaints, we had no involvement, and NIOSH did not investigate Tony Behun's death nor did the agency make the conclusion that PA DEP claims." "NIOSH is not aware of any investigation, comments or conclusions made by the department surrounding the death of Tony Behun."
In a letter dated June 7, 1999 from NIOSH to a local stone quarry safety director - NIOSH wrote: "The hypothetical example of a worker riding a four-wheeler through freshly applied Class B biosolids is an activity which presents a high degree of health risk to participants" "It is an activity with a high potential for exposure through both direct contact and inhalation" This letter was given to the PA DEP investigators prior to the release of their May 2000 report.
To put this into perspective neither the Department of Health or the National Institute for Occupational Safety and Health (NIOSH) conducted a scientific or medical investigation into Tony's death. Factually PA DEP only has one mere opinion to support it's theory. An opinion that is incorrect.
Since the EPA and the sludge industry continuously hides behind DEP's unreliable and irresponsible reports, then I challenge them to quantify the amount of exposure and severity of health risks of riding a motorbike through freshly applied Class B Non-Exceptional Quality sewage sludge (biosolids). They can not scientifically discount the connection between Class B sludge and Tony's death. Sludge contains multitudes of contaminates and disease causing organisms (including virulent strains of Staph aureus) that in conjunction with one another could be responsible for taking Tony's life. Regardless how reluctant the EPA may be at accepting responsibility, these facts remain the same. Hopefully the EPA will open their eyes before another child like Tony, needlessly loses their precious life.
The NIOSH investigation DEP keeps referring to is a NIOSH Health Hazard Evaluation (HHE) that is being conducted at the request of the UMWA (United Mine Workers of America). Please review the UMWA synopsis below.
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