ZANDER DAIRY HERDS DESTROYED Damage Control by EPA/WEF
At about the same time Zander's dairy herd was being destroyed by sludge in Washington, Ruane's dairy herd was being destroyed in Vermont. But, they were not the only dairy herds destroyed. Ed Rollor's dairy herd in Missouri was destroyed. In Georgia, the Boyce and McElmurray dairy herds were destroyed.
EPA and the Water Environment Federation (WEF) focused their damage control on Zander and Ruane.
Number 2 on the list to debunk was the Linda Zander story. Linda and Raymond Zander became the victims of land application of sewage sludge. As a result of their exposure, through both air and water, to the various toxic contaminants in the sewage sludge, the odds of this middle-aged couple living to a ripe old age are slim to none.
Linda is suffering from chemically-induced brain damage, thyroid problems, and immune system damage. She also had mycoplasma pneumonia. Raymond suffers from hypothyroid, lupus and nickel toxicity. As nickel is also a carcinogen, he is faced with the prospect that he could also develop cancer. Linda's eyesight has also been affected; she has been warned that here is a possibility that she could go blind. The terrible physical and mental suffering that they have had to endure, through no fault of their own, is etched in their faces, the pallor of their skin and the carriage of their bodies. It has aged them. Linda's once blonde hair, now turned dark, is streaked with gray. Raymond's once clear, expressive, blue eyes are now dull and expressionless reflecting the pain that he daily suffers.
For twenty eight years Linda and Raymond had lived in a ; picturesque yellow two story house on their productive dairy farm in Lynden, Washington. The house was majestically situated on a well manicured lawn, abundantly surrounded by fruit trees and sugar maples and rhodendroms that every spring burst into bloom. Then the tragedy struck.
Linda and Raymond became unknowing victims when Western Services, a sewage sludge hauler, began spreading sludge on a 70 acre permitted site adjacent to the Zander's farm near Lynden, Washington. Within a year after the sludge application, changes began occurring in their normally healthy dairy cows." The records from the Whatcom Community College Farm Management show the milk average from their dairy dropped from 19,892 Ibs. in 1988 to 16,575 Ibs. in 1990. By 1989, several cows had developed severe arthritis in their hindquarters. Calves were being born with strange tendon abnormalities.
Becoming alarmed by the worsening condition of the herd, the Zanders contacted Dr. Susan Cook, an independent water quality specialist, to analyze their well water. When Dr. Cook analyzed samples from the Zanders' well and the wells in the area that had a similar soil profile, she found the Zanders' well contained nickel and tin not found in the other wells and normally not found in any rural wells. Checking sludge analyses reports for 5 of the municipalities whose sewage sludge was being spread on the adjacent property, they discovered the metals found in the well were also found in the sludge. At about the same time the dairy herd was being adversely affected from drinking the tainted well water, Linda and Raymond, who also drank the well water, were starting to experience ill health.
Linda learned the hard way that the regulatory agencies (county, state and federal) who are responsible for ensuring the health and well-being of its citizens will do nothing to help them. When Linda went to Whatcom County Health Department seeking their help, she knew she would get no assistance from anyone in the department when she learned that it was the Health Department who had approved the land application of the sludge that was making them ill. In 1988, the Whatcom County Health Department had issued a permit, with the approval of the State Department of Ecology as required by state Law, for the land application of sludge on the Van Dalen Farm. The county renewed it in 1989, without the approval by the state as required by the state law. When Linda presented evidence to the County showing that the permit should not have been issued in the first place and 'u; asking that it be revoked, her evidence was ignored and the permit was re-issued with out the approval by the state.
The permit to spread sludge should never have been granted in the first place because of the pH of the soil. Soil samples taken from the site adjacent to the Zanders' property showed a pH of. 4.8 to 5.5 which did not meet site regulation requirement of the State and Federal governments which required a pH of 6.5. The Guidelines for sludge application of the Department of Ecology (D.O.E.) stated that soil with a low pH allows heavy metals to mobilize and move into plant tissue and ground water. The highly acid peat soil allowed the toxic metals in the Van Dalen's soil to leach out of the soil and into the ground water which contaminated the Zanders' drinking water well.
Further investigation revealed that toxic chemicals from the site were also volatizing into the air. They were inhaling as well as ingesting the toxic poisons. It wasn't until the Zanders appeared before the Whatcom County Hearing Examiner, Edward Good, contesting the re- permitting that they were able to stop the sludge dumping. The permit was revoked by Good with prejudice and prima facie facts—68 findings of fact in violations of the law. The permit had been wrongly granted. Although the Zanders had stopped the legal dumping of sludge, illegal dumping was carried on in the early hours of the night,
In a series of personal interviews and correspondences, Linda Zander related to us the terrible ordeal she and her family have gone through, the painful, debilitating diseases they are daily suffering from, their callous treatment by the County, and State whom they turned to for help, destruction of their livelihood, shuning by some of their neighbors, harassing phone calls at all hours, destruction, of their property, threats to their lives, and finally bankruptcy.
The Zanders no longer live in the picturesque yellow two story house. Pollution on their farm became so great that they were forced to move from their home of twenty-six years, the home they had planned to live in until they died.
Many of their trees are now dead or dying. Although the rhodendromes will still bloom in the spring, they will not be there to see them. It is eerily quiet there now. No dairy cattle are lowing, and no children are laughing and playing on the well-manicured lawn. The croaking of frogs is no longer heard for they have disappeared from the polluted creek. Salmon no longer swim in the creek. Pollutants in the creek sediment have destroyed the eggs, the fry and the fish.
National Sludge Alliance News Brief, dated 2/98 From: Charlotte Hartman: Linda Zander's farm went to auction by the government FHA, there were no takers even for one dollar. The Zanders placed disclosure on all three titles but the environmental assessment and most of the contaminates, combinations of materials and the water borne Parasites, Blastocystis Hominis were not considered by FHA. FHA is now worried about liability and it has been suggested that lands be placed in priority conservation easement for 40 years, board up the house and let it sit!
No one can tell Linda's story of the physical suffering and mental duress she and her family have had to endure better than Linda herself. I have chosen excerpts from Linda's diaries where she painfully describes the ordeal they were put through because they happened to have the misfortune to live next to land where sewage sludge was applied,
Bankruptcy
We are now suffering economically as well as physically. The bank has refused to give us the operational farm loan that they had already approved and which was federally - secured by FHA. Without the loan, we are going to be forced to sell our remaining dairy herd and file bankruptcy. We will have to let our farm and home go back to the FHA in payment of our debt.
Destruction of Property
Our car has been maliciously damaged on rear top of fender and scratched across the top. More harassment— plain and simple.
Dad arrived—small caliber gun shot out his camper window last night. Shell's inside somewhere. I called the sheriff for him. We will file a harassment complaint.
Dave, our milker, had his car broken into, window broken too.
Harassment
Got a harassing phone call from a female. She wanted to talk to Sindraella Zandella. Called it in. It should be very interesting to find out who is doing this.
Another harassing phone call. This time asked for jock strap. It was a male voice. Must get police number and recorder on Tuesday. Enough is enough.
Dad was here today. His bank, statements, and personal mail are being opened and taped shut. I called David, the postal inspector, and mailed the envelope to him.Mail from Bricklin was opened. We are horrified. First our phone was tapped, now the mail is opened. Tampering with the mail is a crime. Sent the opened letter to the Federal Postal Investigator. We will have to get a post office box in Bellingham tomorrow.
Mental Duress
I am terribly sad and feel like crying again. There is no end to what these people have done to all of us. How can this go on and on? When will we get relief? We just feel like walking out of here. It physically and mentally hurts us to be here; twenty five years of farming and its down the drain. All our hopes and dreams for a comfortable retirement are gone. I wonder if more of us will die before we get out of here. To look at this place, one would ever know it's contaminated. Funny how looks can be deceiving.
Midnight Dumping
There was an illegal dump of sewage sludge last night in the neighborhood. The smell permeates the air. Ray and I are both extremely sensitive to it.
Unbelievable but Western Services are still night dumping. Tanker truck and train came into Van Dalens last night.
Western Services did it again. Time 1:50 a.m. The sewage smell woke me up, I am nauseated, my sinuses hurt, head aches, its hard to breathe,
Physical symptoms
Ray and I are both physically spent! I'm. terribly sleepy and tired. Ray is the same and has a sinus infection. Our resistance to infections is very low. My eyes are sore and red.
Nickel tests came back and Ray is showing nickel exceeding a level considered maximum. Our research was right on and we were right. Synergistic effect also with tin, nickel and manganese exceed lead. No wonder Ray is in pain!
Ray is in excruciating pain. Ibeprophen doesn't help much and he is sleeping in a chair! I hurt and have had a headache that just goes on and on. Medicine helps but as soon as its effects wear off, pain again.
Our health symptoms match our cows. That is not comforting, in fact, it's scary! What will be the long term effects from chronic exposure? The new book on toxic effects of metals shows Ray is in the 90% risk for carcinogenic tumors and lung problems from nickel. That is most unsettling.
Ashley and Diana just left. I worry so much about them. What will be the long-term effects on my precious little grandaughters? They were exposed in the womb to lead and other heavy metals. Diana, in particular is already exhibiting diminished mental capacity and learning disabilities from the contamination. When her formula was mixed with water from our well, we had no idea that the water was contaminated. She's also suffering from stomach and liver problems.
Diana picked up blastocystis hominis, a waterborne parasite, found only in human feces. Although we no longer drank the water, we still used it to bathe. The medicine they gave her to get rid of it has left her with an irritated stomach
The Polluted air
The air was so intense and putrid you could actually taste it in your mouth and smell it in your perspiration. The smell of urine, feces, rotten vegetables permeated the air.
Reaction of the County
Talked to Bert Brainerd, the health officer. He listened to my complaint that sludge was making us sick, and then he said, "What are we going to do with it?" I told him if it was so safe, put it in city hall. After standing there with his mouth partly open he said "but there's hardly anybody out there." Meaning we don't count; we are expendable,
Threats to our lives
If we hadn't had those four big dogs, we wouldn't be alive today. Last night we were awakened from our sleep by the dogs loud nonstop barking. When we let them out of the garage and the house suspecting someone up to no good might be out there, they took off. We heard a ferocious growl from the Malamute, then someone yelling, and a car starting up. The next morning we found a steel rod in the path in front of the house.
When we called the law, the officer who came out said when we showed him the steel rod, "The news would have read couple killed by a blunt instrument—and this steel rod would have been the murder weapon." The Malamute must have grabbed whoever was holding the steel rod by the wrist forcing him to drop it,
Another attempt on my life. When I was coming down the Trapline Rd. toward Everson, a red 3/4 ton pickup truck headed straight for me on my side of the road. To avoid being forced off the road, I stopped dead still, I don't know what would have happened to me if a county road maintenance truck hadn't come along then. When the driver of the red pickup saw the maintenance truck, he crossed over to his own side of the road and continued South.
Another near miss today. I'm glad I listened to the lawyer's advice about taking different roads and not the same one every time I went out. I never noticed the one ton truck that was following me West on Pangborn, but my folks who lived just off the road did. They told me the truck followed me for awhile, then turned off the road taking a short cut which would have put it on the road I used to drive everyday, I wonder what surprise was waiting for me there. He was the one who got the surprise, I didn't take that road.
A light green farm pickup with a gas tank on the back almost got Ray today while he was on the tractor. It was traveling right at him at a high speed that Ray estimated was in excess of 90 miles per hour. Ray was able to get far enough away to avoid getting hit. He was lucky the way the land was sloping that when he was forced off the road that he didn't turn the tractor over on top of him. If he had the murder would have looked like an accident.
Ray fears that I will be killed. So many that we have helped are winning their fight against the so called "beneficial use" of sludge that are making people sick and destroying property and livelihoods. I do believe Ray may be right, but I will continue to help anyone I can; I do not fear death.
When Linda learned from her research on sewage sludge, that it was being widely promoted for land application all over the country, she knew that she and Ray and her family were not and would not be the only victims. Linda, who is a very caring and compassionate person, created a non-profit organization called Help For Sewage Victims to offer any victims of sewage sludge—advice, information, a data base, and a sympathetic ear. Since its inception, Help for Sewage Victims has been very effective in combating the spreading of sewage sludge. Zander's story and stories of others harmed by sewage sludge have been reported in over 30 newspapers and 4 farming magazines since 1991 as well as in John Stauber and Sheldon Rarapton's book, TOXIC SLUDGE IS GOOD FOR YOU! (1995)
Through Zander's efforts and those of other tireless workers in grassroot movements across the United States, the harmful effects of land application of sewage sludge, sewage sludge composting and pelletizing are coming to light.
Seeking recompense for the harm done them, Linda and Ray and their family filed suit against the sludge hauler, Western Services Inc., the district of Birch Bay, the towns of Lynden, Everson, Nooksack, and Sumas, Whatcom County, and Van Dalen in 1991. When Linda went to the courts seeking justice for the terrible wrongs that were done to her and her family, she learned the painful truth that the justice system in the United States can be subverted by legal and procedural issues. The suit against Whatcom County and the municipalities were dismissed by summary judgment by the Whatcom County Superior Court on October 8, 1993.
The Zanders' claim against the various municipalities was dismissed when their attorneys, Bricklin and Collins, failed to comply with the municipal claims statute 40 CFR Part 135 which states a 60 day notice has to be given before a suit can be filed under the Clean Water Act.
When the Zanders appealed the decision to the Washington Court of Appeals, the Court affirmed the trial court decision on July 31, 1995. The Zanders' legal battle ended when the Washington Supreme Court refused to review the decision. When they brought a malpractice suit against Bricklin and Collins, the Superior Court of the State of Washington granted summary judgment of dismissal to the defendants, Bricklin and Collins, under the Public Duty Doctrine, Although the judge noted that the state did have a responsibility to protect the individuals, the cities involved had a duty to dispose of the sewage sludge— and they were only doing their job.
The Zanders' are appealing the decision of summary judgment. The Zanders' have never had their day in court where they could address the sludge issues. Powerful entities (Washington State Department of Environment and Ecology and King County Department of Metropolitan Services) have conspired to prevent this from ever happening. According to documented evidence, on February 22, 1993, two State Department of Environment and Ecology Representatives, Al Hanson, and Kyle Dorsey, four King County Metro representatives, Mark Lucas, Carol Ready, Steve Gilbert, Dan Sturgill and their legal counsel, Salley Tenney, of the Metro Legal Services, Mel Kemper of the City of Tacoma, Hal Thurston, an attorney representing the cities that were involved in the Zanders1 lawsuits and four individuals also associated with the Zander law suit, met in a closed meeting to discuss the Zander Case.
According to Keith A. Bode, as recorded in the Zander Action Summary, the legal cost to stop her will exceed 500,000 dollars. Bode warned those in attendance at the meeting that Zander had to be stopped. He said that she had identified 18 medical experts (including physicians, immunologists, toxicologists, and nutritionists), 9 veterinarians, 2 property valuation/devaluation experts, 3 soil/hydraulic/geologic experts and 1 testing lab who would testify about the dangers of sewage sludge use to humans and animals. Bode warned that there would be extra-regional impact and "This action must not be settled". He reminded them:
"The public persona of biosolids is precarious, at best, and each member of WEF and AMSA can be assured that Zander appears dedicated to capitalizing on every available opportunity to publicize her scare story...and remember, with respect to land application, the farming community comprises less than 2% of the population, so she need only reach a narrow population to cripple land application. It is essential that her soapbox be removed and her credibility challenged before our regional problem has any more effect (than she has now) nationally or internationally on land application of biosolids."
Linda's active fight against the land application of sewage sludge and sewage sludge sold as a fertilizer for lawns and gardens made her a target of both the EPA and WEF. She became number 2 on the EPA's hit list of sludge "horror stories" which they paid the Water Environment Federation to debunk. They had to coverup any damage to human health and the environment. After all their propaganda said sludge was perfectly safe and there had never been any documented cases of any adverse health effects from land application of sewage sludge.
Using a "blame the victim" strategy, the writer of the WEF/U.S.EPA Biosolids Fact Sheet said that "Poor operating conditions, faulty equipment and corroded piping at the Pangborn well may explain high levels of zinc and other metals found in some samples of the well water." When Linda read, the WEF/EPA Fact sheet, she was astounded at what links they would go to challenge her credibility. Determined to expose their deliberate lies and fabrications, she wrote a detailed rebuttal refuting one by one all of their major points which would have put the blame on her and her family, the victims, rather than where it should have been put—on the sludge that had caused them harm.
In answer to their assertion that corroded pipes, and faulty equipment had caused the well contamination, she wrote: "There were no corroded piping. New pipe had been in place for a number of years. The equipment was not faulty. Farmer's Equipment monitored and serviced it regularly. They found it in good condition."
Other "blame the victim" statements made in the WEF/EPA Fact Sheet, she refuted include the following: WEF Statement: The Zanders' cattle clearly grazed around the well, which suggests the cows left manure around the well. Corn was grown with fertilizer in the field surrounding the well, as close as 30 feet to the wellhead. The Zanders applied dairy waste and manure to the field next to and uphill from the well.
Answer: In order to avoid any contamination of the well from manure, we used a 100' setback to the concrete enclosed well when annually applying cow manure. We have applied cow manure for years with no contamination. The well was contaminated with metals, cesium, radium, and organic tin, which comes from hospital wastes, toilet bowl cleaners, and not manure.
WEF Statement: Investigators for the Whatcom County Health Department found the well in disrepair as early as 1990. While sampling for contaminants, state hydrologist, Dave Garland, observed that the wellhead and well-house were unsanitary and unsecured. The 250- gallon, galvanized-steel tank potentially could have leached zinc into water drawn from the Zander taps
Answer: The Whatcom County Health Department came only once when the well equipment was being repaired, at the time the county was pushing chlorination on all the community well associations. Washington State Department of Environment and Ecology, Dave Garland, who is not a qualified hydrologist, observed rain on the ceiling of the well when it was opened for repair and stated "Rat feces, that's what contaminated the water." The well was not normal in July 1990 and August 1990. It was not potable then. Well samples were not taken from the steel tank, but from the well as required by the Federal law. Obviously the writer knows nothing ! about well-sampling procedures.
WEF Statement: The members of the Pangborn Water Association removed the Zander well from their system in April 1991, claiming water from the well was corrosive and the well was running dry.
Answer: The Pangborn Water Association discontinued and abandoned the well, after contamination and at the advice of the State Department of Health.
WEF Statement: The Zander's lawsuit claimed that several of their 150 dairy cows were sick and experiencing abortions and sluggish reproductive habits due to biosolids applications. Washington State University veterinarians concluded that the cattle received poor quality feed and that some cattle deaths were misreported by the Zanders.
Answer: Contrary to what was written in the WEF/EPA Fact Sheet, Washington State University veterinarians did not conclude that poor quality feed and some cattle deaths were misreported. Feed tests and forage and grain rations were provided to the WSU vets. These rations were balanced by Land 0'Lakes Cenex nutritionist on a regular basis. No report by WSU vet ever stated that the cows reported dead were suspect; diagnoses for cause of death were documented for most.
WEF Statement: WSU veterinarians blamed poor management of Zanders' herd for excess deaths.
Answer: No WSU veterinarian ever blamed poor management of the Zander's herd for the excess deaths.
WEF Statement: The veterinarians reviewed that data and examined the herd, determining that low production rates and diarrhea were associated with poor quality grass silage. Grass silage was fed as the cows' only forage for at least four weeks in 1990, and problems with the herd stopped when silage rations were discontinued. Some cattle illness and deaths also may have been the result of noncompliance with vaccination strategies, food rot, poor bedding of cows and milking hygiene, or force in assisted calvings.
Answer: At no time that I can remember {in 26 years} was only silage fed to our cows. Our rations always included alfalfa hay, and grain which was balanced by a nutritionist. Our herd problems stopped the day the cows were shipped out. Forty cows were sent to slaughter. As to vaccinations and milking hygienic, herd health (including vaccinations) and udder health, records were kept. Mastitis tests were done monthly. Bedding was changed regularly.