Press Release from the National Whistleblower Center

FOR MORE INFORMATION, CONTACT:
Kris Kolesnik
(202)342-1903

TOXIC SLUDGE PRODUCER PAYS HISTORIC SETTLEMENT
Whistleblower Group Requests that Settlement Terms Be Made Public

The sludge industry has paid its first damage award as a result of a successful toxic tort-wrongful death suit filed. On January 8, 2002, Synagro, Inc, the nation's largest sludge producer, paid the family of Shayne Conner an undisclosed amount of money in order to settle a wrongful death suit. The settlement is the first known payment of money to alleged victims of sludge-induced sicknesses. (Less than one month after Synagro spread 650 tons of sewage sludge 300 feet from Shayne Conner's house, he died of respiratory distress.)

"The settlement appears to be a complete vindication of the scientific critics of EPA sludge policies and industry practices" according to Kris Kolesnik, the Executive Director of the National Whistleblower Center. "It is inconceivable that a corporation such as Synagro, which has a reputation for aggressively defending sludge from any criticism, would pay a significant settlement award, if they did not fear losing the case," Kolesnik added.

Synagro was forced to settle its case as a result of the expert testimony offered by Dr. David Lewis, an internationally respected microbiologist and thirty-year veteran of the EPA's Office of Research and Development. Synagro deposed Dr. Lewis, who was awarded the EPA's Science Achievement Award by Administrator Carol Browner in 2001 for a groundbreaking article highly critical of the EPA's risk assessment of sludge, for five days.

As a direct result of Dr. Lewis' research on sludge, the National Whistleblower Center filed a complaint with the EPA Office of Inspector General, alleging that the EPA permitted toxic sludge to be dumped by companies such as Synagro, prior to the completion of six important scientific studies identified by EPA as needed to close gaps in scientific knowledge of health and environmental risk.

The Center provided the Inspector General's office with sworn testimony from EPA scientists who set forth their opinion that without the completion of these studies the EPA's approval of sludge dumping was "scientifically indefensible." The results of the EPA OIG investigation into the Center's complaint are expected to be released by the end of January 2002.

Additionally, as a result of the scientific concerns raised by Dr. Lewis, the EPA agreed to fund a National Academy of Science review of the sludge rule. This review is ongoing.

The National Whistleblower Center has requested that the U.S. EPA obtain a copy of the settlement agreement in order to ensure that the agreement does not improperly gag the Marshall family from further exposing problems with the sludge rule. "Given the EPA's current approval of the dumping of toxic sludge, it is in the public interest for the EPA to obtain all of the information documenting the hazards of sludge which were uncovered during the Marshall litigation, " stated Kolesnik.

Kolesnik added, " The EPA also needs to know how much money was paid as a result of a law suit which alleged that an American citizen and taxpayer died as a result of exposure to a pollutant which the EPA permits to be dumped on land-sites which have no physical barriers preventing public contact with deadly pathogens."

The National Whistleblower Center has been able to obtain copies of some of the depositions taken in the Marshall law suit, including the transcripts of Dr. David Lewis' deposition. "In order to facilitate public understanding of the risks and hazards of sludge, the Center will make these documents available to the public. The pubic has a right to know the full story on sludge," Kolesnik said.

Sludge dumped by corporations such as Synagro, contains bacteria, viruses, fungi, and parasites that are potentially harmful to the public health and the environment. The NIOSH/Centers for Disease Control issued a Hazard Identification Advisory in August 2000 warning that sewage sludge contains human pathogens and that exposure to sludge may result in potentially serious to life-threatening infections.

For more information about the National Whistleblower Center, go to whistleblowers.org

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