City Council to Weigh in on PCBs in Malibu Schools

At tonight’s City Council meeting, council members are expected to take up a resolution calling upon the Santa Monica-Malibu Unified School District to conduct more testing for PCBs in Malibu’s schools and chart out a better plan for their eradication.

In June, the Environmental Protection Agency rejected a district consultant’s plan to clean up the contamination at the city’s tri-campus of Malibu High, Malibu Middle and Juan Cabrillo Elementary schools.

A group representing staff and parents then teamed up with an employees’ rights group, Public Employees for Environmental Responsibility, to do testing of their own, showing that the level of toxicity was far higher than ever reported.

During the summer, school district officials deemed a number of classrooms and buildings safe, but parents said they were skeptical. PEER has sent a notice to the district, registering its intention to sue.

Tonight, the council is expected to consider a resolution supporting the parents.

“MMUSD has fallen short in its efforts to fully inform the community and appropriately address the concerns of parents and school staff,” reads the proposed resolution.

Jennifer deNicola, president of Malibu Unites is doing her best to round up support for the resolution.

“This resolution will set precedence in California and will help to ensure current students and future generations of children will be protected from the toxic effects of PCBs,” she said.

The meeting begins at 6:30 tonight at City Hall, 23825 Stuart Ranch Road in Malibu.

Here’s the resolution in its entirety:

THE CITY COUNCIL OF THE CITY OF MALIBU RESOLVES AS FOLLOWS:

SECTION 1: Recitals.

A. Malibu is home to three elementary schools and a middle and high school. The city is proud of the excellent educational programs offered at Juan Cabrillo, Webster and Point Dume Elementary Schools and at Malibu Middle and High School. These schools are part of the Santa Monica-Malibu Unfiied School District (SMMUSD) and the families who send their children to these schools are part of the Malibu community.

B. School staff and parents raised concerts about PCB exposure in Malibu High School and Middle School (MHS) and Juan Cabrillo Eleementary School (JCS) after reported thyroid cancer diagnoses.

C. SMMUSD hired the environmental engineering firm Environ to prepare testing and cleaning plans to remediate any PCB exposure. The district enlisted experts from the U.S. Environmental Protection Agency (EPA) and Department of Toxic Substances and Contro (DTSC) to ensure compliance with the Toxic Substance Control Act (TSCA). Paul Rosenfeld, the environmental chemist hired by Malibu Parents for Health Schools, contents that the facilities may still post a heath risk. Experts disagree.

D. Between July 18, 2014 and August 14, 2014, SMMSD re-opened thirteen rooms or buildings at the MHS and JSC campuses, stating that PCB levels are either non-detectible or within health-based EPA threshold as safe for students and employees.

E. Despite the SMMUSD determination, Paul Rosenfeld and many school parents believe that the health and safety of their children, teachers and school staff is still at risk.

F. In july 2014, Malibu Unites, an organization formed by Malibu parents, teachers and community members, as well as scientific and environmental experts, with assistance from Public Employees for Environmental Responsibility (PEER), a national environmental advocacy group, collected samples of caulk and dust form rooms at both MHS and JCS to b be independently tested.

G. PEER stated that the samples had been analyzed at an EPA-certified lab and reviewed by a qualified third party and were found to have PCBS at levels greatly exceeding the limits allowed under TSCA.

H. SMMUSD parents have brought these findings to the attention of the city and expressed frustration at their inability to elicit appropriate response from SMMUSD officials to this alarming information.

SECTION 2. Based on the information available to it at this time, the City Council concludes as follows:

A. PCBS do not belong in our schools.

B. The best way to confirm the presence of PCBs is to test the source (caulking or building material).

C. SMMUSD has fallen short in its efforts to fully inform the community and appropriately address the concerns of parents and school staff.

SECTION 3: The City Council hereby urges SMMUSD take immediate action to conduct source testing for PCBs at all Malibu school campuses and remove all sources of PCBs in compliance with the Toxic Substances Control Act and PCB regulations.

SECTION 4: The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. The City Manager is hereby directed to deliver a copy o this resolution to the SMMUSD Board and Superintendent and with it convey the City’s deep concern with the handling o this matter and offer whatever assistance the City may provide within the confines of the law to bring this matter to resolution.