Timeline

This timeline shows the progression of how MHS’s environmental issue was discovered and has subsequently evolved. It begins in 2006, with the passing of Measure BB with the intent to improve health and safety for MHS, the several safety and environmental reports required and the discovery of the contaminated toxic soil in 2010. This soil was removed in 2011 but not until 2013 did most parents and teachers know. In October 2013, teachers requested the school be tested as they feared it was making them sick.

  • Nov 2006: Measure BB Bond “Santa Monica-Malibu Schools Safety and Repair Measure”: “To improve health, safety, class instruction” passed by 67.5% of voters, allocating $268 million for facility improvements to all 16 SMMUSD campuses including renovations at MHS. Click Here to Read Full Bond Measure
  • Aug 14, 2006: Lead Based Paint Survey for Bond BB: This survey includes Cabrillo and MHS and shows lead issues throughout both schools. The abatement level chosen is .7 mg/cm2.  Click Here to See Document
  • June 9, 2009: Bond BB required EIR that includes, ATC Associates report of Hazardous Materials Survey. This survey showed contaminants: lead, PCBs in light ballast, Asbestos, Mercury, etc at Malibu High School  Click Here to See Document
  • Oct 1, 2009: BB Bond requires Phase 1 Environmental Site Assessment Study by Arcadis, then operating as LFR Inc. This study notes potential site contamination from PCBs and Pesticides (referred to in Removal Action Work Plan 8/5/10)
  • June 14, 2010: BB Bond requires Arcadis’s Preliminary Environmental Assessment (PEA) Report. This report “indicated that pesticides and PCBs were present in shallow site soils at concentrations that presented an unacceptable health risk.” (referred to on pg 1) Click Here to See Document
  • Aug 5, 2010: Arcadis Removal Action Workplan states an unacceptable health risk of  PCB concentration in the soil for Aroclor 1254 was 1,420 ug/kg (CHHSL acceptable level 89 un/kg) and Chlordane is 683-1910 ug/kg (CHHSL acceptable level 430 ug/kg). Other toxins found in the soil that can be viewed under issues/ what’s in the soil. Click Here to See Document
  • Nov 4, 2010: Board of Education Meeting: This is how the district hid the approval of the action work plan for MHS, they buried it in other School’s BB approvals and never mentioned “toxic soil.” Unless you already knew, went looking for a document you already knew the name of and asked for the work-plan to read it all, no lay person would ever know that there were toxicants in the soil, NO ONE knew about the toxins except those of the BB committee.  “AGENDA: RE: CATEGORICAL EXEMPTION OF MALIBU MIDDLE AND HIGH SCHOOL REMOVAL ACTION WORKPLAN AND AUTHORIZE FILING OF NOTICE OF EXEMPTION – MEASURE BB”
  • Aug 30, 2010: In 2013, Bond BB meeting minutes were discovered that state that “the public will know (about the toxic soil ) when we go to the board with an amendment to abate” rather then directly tell Parents that the district found toxic soil at MHS. Click Here to See Document
  • Jan 12, 2011 Bond BB’s Draft EIR states that PCBs and pesticides “were detected in the soil in many of the soil samples” Click Here to See Document
  • April, 2011: In the MHS E News is a letter from Principal, Mark Kelly about BB Construction Beginning: On the 2nd page, in the 2nd to last paragraph, it states, “In addition to initiating the fire alarm system upgrade, work will begin to prepare the campus for the new building construction and construction of the new parking lot. This preparation includes a soil remediation project involving the middle school quad and several other areas around campus. Visually, once started, this project will be the first that lets you see Measure BB at work…” There is no mention that there was toxic soil found on campus “that presented an unacceptable health risk,” as stated in the Arcadis Report PEA 6-14-10.  Click Here to See The E News Letterdisturbed soil 2013 MHS
  • July 11, 2011- Aug. 24, 2011: Arcadis soil remediation takes place at MHS. Students and Teachers are present on campus for summer school. Teachers, Parents and Students were not informed that there were toxins in the soil that were being removed. Arcadis Report PEA 6-14-10 stated that risk would not occur until soil is disturbed. While soil was being disturbed, students, teachers and staff were present in classes around the toxic soil removal without being properly warned and notified.
  • Aug 15, 2011: MHS Principal, Mark Kelly, sent a welcome letter to parents. It did not mention contaminated or toxic soil. It read, “BB campus improvement projects continued as we underwent a soil remediation project that was required preparation for the construction of our new library, administration and classroom building.”  Click here to see letter
  • June 12, 2012: Arcadis released their Removal Action Completion Report, 11 months after removal. “Approximately 1158 tons of soil was transported to Chiquita Canyon Landfill in Castaic, CA.” (pg 37)  Click Here to Read Report
  • Aug 2013: SMMUSD trenched under and through two classrooms in building E MHS_classroom_August_2013(rooms 1 & 2).
  • Aug 22, 2013: Teachers and students return to MHS to dirty and dusty classrooms without knowledge of soil trenching in areas previously containing toxic soil.        Click Here to See More Photos
  • Oct 2, 2013: Teachers send a letter to the district concerning cancer and health issues demanding testing of the school. Parents are upset to learn that the district discovered toxins on campus in 2010 and never informed the Parents. Click Here to See Letter From Teachers
  • Oct 8, 2913: Malibu Schools Organization send letter to District on behalf of the PTSA, Shark Fund, Site Council, Special Ed Foundation, Boys & Girls Club, and AMPS encouraging relocation of building E classrooms, assure community that safety is the highest priority and appoint a district liaison.  Click Here to See Letter
  • Oct 8, 2013: MHS parent meeting to discuss concerns. Parent asked crowd of 400 people how many of their children had headaches and approximately 70% of parents hands were raised.  Click Here to Read Article

Click Here to Watch FOX LA Report

  • Oct 8, 2013: “Malibu Middle School classes will be relocated while the school district tests the building and surrounding soil for contaminants…Santa Monica-Malibu Superintendent Sandra Lyon told hundreds of concerned parents and students Tuesday.” Click Here to See Article
  • Nov 2013: 30 Teachers hire PEER to protect their interests to ensure a healthy campus. PEER is a non-profit that represents Public Employees for Environmental Responsibility.  Click here for more on PEER
  • Nov 14, 2013: Task Force meeting: Mark Katchen presents air testing evaluation criteria specifically for Malibu High based on the number of days and number of hours students and teachers are in school. The task force accepts 20.2ng/m3 as the air test evaluation criteria based on residential screening levels of 1 in 1 million cancer risk. Click Here to See Photo
  • Nov 16, 2013: Letter to task force from task force parent member explaining PCB evaluation criteria should be residential screening levels at 1 in 1 million cancer risk. Click Here to See Letter
  • Nov 17, 2013: Sunday night emergency task force meeting for PCB air sample results. Mark Katchen changes air testing evaluation criteria for air tests from agreed upon 20.2 ng/m³ to 100 ng/m³.
  • Nov 17, 2013: Superintendent posts letter stating PCB results “fall well below risk guidlines” but then removes this letter. Click Here to See Letters
  • Nov 18, 2013: Superintendent contacts the US EPA. PCB tests results show that PCB levels exceed safe screening level regulations of the Toxic Substance Control Act (TSCA) of 50ppm and therefore requires regulatory action.
  • Nov 18, 2013: Teacher Representative sends letter to Superintendent and Task Force regarding an unwarranted change in PCB screening levels from 20.2 ng/m³ to 100 ng/m³ after knowing PCB air results, making the PCB air results fall below our chosen screening level rather than above.  Click Here to See Letter
  • Nov 21, 2013: Letter sent from the EPA explaining the Toxic Substance Control Act (TSCA) and that Malibu High School is now under EPA regulation.  Click Here to See Document

Click Here to Watch KTLA Report

  • Nov 2013: Pillsberry law firm hired to defend the district at $700 per hour.

Click Here to Watch KTLA Report

  • Dec 19, 2013: At the task force meeting the Superintendent announces a cleaning and testing plan that the task force did not review or approve. Mark Katchen told the Task Force that he intended to test with the windows open despite Task Force Members’ objections.
  • Dec 19, 2013: Jennifer deNicola sends a letter to EPA concerning the testing and cleaning plan and to ensure that windows will be closed during testing. Click Here to See Letter
  • Dec 19, 2013: Superintendent send out letter to all parents that states the EPA approved district testing and cleaning plan for 18 rooms (1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 14, 16, 301, 302, 303, library, PE office, room 1 storage closet). Later it was revealed that the EPA had not yet received the testing and cleaning plan before the letter was sent out.
  • Dec 20, 2013: At 8:58am the district sent the EPA the “Limited PCB Remediation, Verification Sampling Work Plan for Malibu High School/Middle School” for 5 rooms (not all 18 listed above) and the plan states that the air testing will be done with the windows open. Click Here to See Work Plan
  • Dec 20, 2013: 1:14pm EPA sends letter to the district approving the “Limited PCB Remediation, Verification Sampling Work Plan for Malibu High School/Middle School” with 2 conditions: all air testing will be done with the windows closed and the EPA wants notice of testing so they may send an EPA official to Malibu to oversee testing and do some of their own independent testing. Click Here to See EPA Letter 
  • Dec 20, 2013: SMMUSD Board of Education Update from Sandra Lyon, Superintendent: discusses testing and cleaning plan. States that the testing plan was sent to the EPA on Dec 19th and approved on Dec 20th, however, the testing plan was not sent to the EPA until Dec 20th at 8:58am  Click Here to See Update
  • Dec 21-22, 2013: Mark Katchen oversees pre-cleaning air testing of 11 rooms with the windows open in the majority of the rooms in direct opposition of EPA condition: “windows shall be closed.” These are the rooms that were pre-tested  3, 4, 6, 7, 10, 14, 16, 302, 303, PE office, and room 1 storage closet.
  • Dec 26, 2013- Jan 3, 2014: cleaning occurs in 18 rooms (1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 14, 16, 301, 302, 303, library, PE office, room 1 storage closet)
  • Dec 26, 2013: The EPA confirms that the then only received testing and cleaning plans for 5 rooms on Dec 20th at 8:58 AM and was not aware of the other 13 rooms being tested and cleaned. Yet parents were lead to believe that the EPA approved testing and cleaning of all 18 rooms. Click Here to See Document
  • Dec 31, 2013: Pre-cleaning air testing results show the PE office has highest result of 97ng. Teachers and Parents realize that the 3 rooms with the highest level of PCBs are used by the 3 teachers with thyroid cancer. Click Here to See Raw Data
  • Jan 2-3, 2014-EPA Kathy Baylor comes to Malibu to oversee air testing of only 5 rooms (1,5,8,301,Library)
  • Jan 3, 2014: Superintendent, Sandra Lyon confirms that she tested with the windows open despite the EPA’s written directive on Dec 20th, 2013 to have the windows closed.  Click Here to Read
  • Jan 4-6, 2014: Mark Katchen does air testing on 13 post-cleaning rooms with windows open, in direct opposition of EPA condition: “windows shall be closed” (2,3,4,6,7,9,10,14,16,302,303, PE office, room 1 storage closet)
  • Jan 5, 2014: Superintendent posts air testing samples chart, confirming that the windows were open during testing despite EPA’s condition for approval that the “windows are to be closed.” Click Here to See Chart
  • Jan 5, 2014: Q & A Posted to SMMUSD website regarding winter break cleaning and testing.  Click Here to See Q & A
  • Jan 10, 2014: SMMUSD Board of Education Update from Sandra Lyon, Superintendent: discusses cleaning and testing that took place over winter break. Lyon states that air samples are within EPA acceptable levels of 200 ng/m³. A residential cancer risk for PCBs at 1 in 1 million is 4.3 ng/m³. The highest classroom level detected was 97 ng/m³, in one of the rooms where a teacher has thyroid cancer. The original agreed upon detection limit was 20.2 ng/m³. Click to Read Update
  • Jan 13, 2014: Teachers write a letter to the Superintendent that they will not be returning to their classrooms in the vacated building E after cleaning has occurred due to no evidence and lack of comprehensive testing to prove that these rooms are safe for themselves or their students.  Click Here to See Letter   Click Here to See Press Release
  • Jan 16, 2014: Malibu Unites pens “Parent’s Right to Know Act” and begins to advocate to government agencies and lawmakers. Click Here to Read Draft
  • Jan 19, 2014-Superintendent sends out letter confirming Board approval of the hiring of Environ Environmental Engineering Firm. Click to Environ Website
  • Jan 24, 2014: Sandra Lyon, Superintendent, sends letter to PEER, written by SMMUSD attorney ($700hr), stating that the district does not have to respond to California Public Records Acts within a specified time frame. The letter is a legal tactic to not comply with or postpone the PRA. Click Here to See Letter
  • Jan 27, 2014: EPA letter: EPA requires district to submit analytical reports and a cleanup plan by Feb to address PCBs in caulk and the air for the entire school. Click Here to See Letter
  • Feb 5, 2014: SMMUSD board meeting approves DTSC’s voluntary agreement estimated at $42,000. Also approved was an increase from $25,000 to $50,000 paid to the task force liaison. Jan Maez stated that approx. $15,000 of this contract was specifically paid for environmental task force work. On Jan 5, 2014, the district posted a Q&A  to district website that stated no task force members are being paid.
    Click Here to See Liaison Contract      Click Here to See DTSC Agreement
  • Feb 7, 2014: SMMUDS Board of Education Update from Sandra Lyon, Superintendent: states that Environ contract is being completed including a scope of work. Board members and Task Force members have asked to see the Environ Contract but have not received it. Lyon says Public Records Acts have been completed but they have not as you can see in the next timeline entry.  Click Here to See Update
  • Feb 7, 2014: Letter from Sandra Lyon to PEER delaying response to their Public Information Request Act (PRA). Click Here to Read  PEER’s response to Sandra Lyon:  Click Here to Read  Sandra Lyon’s response to PRA from California Safe Schools: Click Here to Read
  • Feb 20, 2014: Letter to SMMUSD Board of Education from Jennifer deNicola, concerned parent/ President of Malibu Unites urging them to direct their district staff to be more forthcoming, transparent and timely.  Click Here to See Letter   Click Here to See Response
  • Feb 24, 2014: Public Request Act response. This includes contract with Phylmar/Mark Katchen group, NRC Cleaning Contract, emails between EPA and district…  Click Here to See PRA
  • Feb 25, 2014: PEER sends a letter to SMMUSD regarding military operations during WWII that may help explain the extensively contaminated soils found in 2009 on MHS. This letter to stressed the need to conduct a site assessment covering the entire three-school campus to determine the extent and the source of toxic chemicals and asking for assurance that such an assessment will be done. Click Here to See Letter   Click Here to See Press Release
  • Feb 28, 2014: SMMUSD Board Meeting Agenda for March 6th shows a purchase order (PO) for Pillsbury Law Firm for $120,000. The DTSC contract and the Environ contract is included. The Environ contract does not state that they will test the soil.  Click Here for Full Agenda   Click Here to See PO
  • March 1, 2014: County of Los Angeles Public Health Letter issued without any study on illness and PCB exposure.  Click Here to Read
  • March 6, 2014: Task Force Meeting: Discussed Environ’s plan to communicate with stakeholders: once a month updates, email address for incoming emails but there would be no response, no plans for Environ to meet with stakeholders or task force. Task Force parents and teacher members stressed that this communication plan would not be acceptable to parents and teachers.
  • March 12, 2014: Letter from the DTSC Confirming Comprehensive Soil Testing of all three campus  Click Here to View
  • March 13, 2014: Malibu Unites Celebrates: DTSC send email to MU confirming  agreement to comprehensive testing for all three campuses.   Click Here to See Email
  • March 14, 2014: Malibu Times Article: Advocacy Groups Merge for Environmental Safety at Malibu High  Click Here to Read
  • March 14, 2014: Sandra Lyon Letter Summary: Environ is asking EPA for an extension to the March 30th, 2014 deadline; despite having 62 days to comply with this deadline (see Jan 27th, 2014). Parents have advocated for comprehensive soil testing for 6 months and soil testing was not written into the March 6th, 2014 contract with Environ. Malibu Unites is thrilled that Lyon is in support of the “Parent Right to Know Act” so that no other parent, student and teacher will be unknowingly exposed to toxins as was the Malibu School community.  Click Here to See Letter
  • March 20, 2014: Malibu Unites letter to SMMUSD asks for independent oversight to work in collaboration with district.  Click Here to Read Letter
  • March 21, 2014: LA Weekly Article: Malibu High School Parents Demand a Role in Toxins Testing and Cleanup  Click Here to Read
  • March 21, 2014: District Response to PEER and Malibu Unites request for money set aside for independent oversight. Click Here to See Letter
    Pesticide Photo jpg
  • March 24, 2014: Surfside Article: District, Parents Clash Over Transparency  Click Here to Read
  • March 25, 2014: EPA’s Kent Thomas of the Office of Research and Development National Exposure Research Lab, presentation on PCBs       Click Here to See              EPA Region IX, Steve Armann presentation on PCBs    Click Here to See
  • April 4, 2014: SMMUSD Weekly Update and Environ’s Schedule: Superintendent Lyon denies Malibu Unites request of independent expert oversight. She thinks that Environ can peer review itself and present only the district’s experts viewpoint to the EPA and DTSC for approval. The district continues to not show good faith in transparency and community input. Please see MU Blog for response to Lyon’s update  Click Here for Update
  • April 28, 2014: EPA webinar: Three experts made presentations to the entire US on the serious health affects of PCBs even at low levels. Do you think that we should leave PCBs in schools? Some people want to manage PCBs in place and continue to let them expose school age children, do you think this method will put children in potential harms way?”  Click Here for Expert Answer
  • May 9, 2014:  The Fehling Group, LLC sends comments to EPA regarding the Environ plan being inadequate. Click Here to Read
  • May 21, 2014: SMMUSD sends a letter sating that the school will be closed for the summer for testing.   Click Here to Read Letter
  • June 20, 2014: EPA Region 9 Administrator, Jared Blumenfeld visited Malibu Unites to do a toxic tour of MHS. Blumenfeld said there is not enough data to say school is safe.   Click Here for News Coverage
  • June 27, 2014: Malibu Unites Response to Environ Memo of June 16, 2014: Testing will not be completed by August, please order portable classrooms for teachers. EPA and Environ are not adhering to TSCA law.   Click Here to Read
  • June 30, 2014: Press Release:  TOP EPA OFFICIAL ADMITS MALIBU HIGH IS NOT “SAFE”, THEN TELLS SCHOOL DISTRICT: DO NOT TEST THE CAULK    Click Here to Read 
  • July 3, 2014:  Environ’s Second PCB Plan for MHS   Click Here
  • July 17, 2014:  Comments to EPA regarding district.Environ’s plan to keep PCBs in place for 15 years.   Click Here to Read Comments
  • July 20, 2014:  Letter to EPA, Jared Blumenfeld and SMMUSD in support of testing sources and removal of all PCBs from MHS/JC by John Ferbas, MS. Hyg., Ph.D.    Click Here to Read
  • Aug 12, 2014: PCB Source Investigation Plan from SWAPE Environmental. This plan will investigate the sources of PCBs. It will take 3 days to execute over a weekend and 10 days to receive lab results and a preliminary report.    Click Here to See Plan
  • Aug 14, 2014: Email from Jan Maez to EPA stating removal of only 4 rooms of caulking (1, 5, 8, library) and acknowledges this is voluntary and not an approval by the EPA.   Click Here to Read Letter
  • Aug 19, 2014: Malibu Unites and PEER file a notice of the intent to sue SMMUSD Board, Sandra Lyon and the EPA for failure to comply with violations under TSCA and the PCB regulations.   Click Here to Read Notice
  • Sept 22, 2014: Pillsbury Law Firm on behalf of the district sends response to 60-day notice stating they do not have information about independent testing, yet Environ references this independent testing data in several of its weekly updates.   Click Here to Read
  • Sept 26, 2014: Environ submits a supplemental plan to EPA, which we call plan 2.5. This addition to the July 3rd plan says, the district agrees to remove only 5 rooms of PCB laden caulking (room 1, 5, 8, library and 505 (independently tested)) but nothing else even if it known to contain PCBs over 50ppm. The district will not test the caulking in any other rooms. The remainder of the July 3rd plan remains in place and no other PCBs will be addressed for 15 years.  Click Here to read updated plan
  • Sept 29, 2014: Steve Arman says, “it is my understanding that in the Supplement, the District is agreeing to remove any caulk with known and verified PCBs greater than 50 ppm, including caulk that was tested by independent parties.” We are waiting for Lyon to verify if this is correct.    Click Here to Read Email
  • Oct 6, 2014:  Malibu Schools Will Remove Known PCBs But Won’t Test For Them: Will School Act on Independent EPA-Lab Tests with Ultra-High Illegal PCB Levels? Click Here to Read Article
  • Oct 7th, 2014: 8th International PCB Workshop in Woods Hole, MA. Malibu Unites presented to top scientists, researchers, medical professionals and regulators from across the world. The general consciences is that PCB caulking at high levels must be removed ASAP.  Read Full Summary of Workshop Lectures Here
  • Oct 10, 2014: Letter from DTSC about soil step-out sampling has been conducted in three areas: (1) the area east of Building G (PCBs), (2) the Cornucopia area (Arsenic), and (3) the planter east of Building H (LEAD).   DTSC Step Out sampling report    Environ letter to DTSC Oct 3
  • Oct 16, 2014: Letter to District Attorney Jackie Lacey regarding PCB Congener 126 and the dangerous levels it has been found at MHS and Juan Cabrillo.                      Click Here to Read Letter
  • Dec 11, 2014: EPA confirms that district must remove all PCB-laden caulking over 50ppm, including the classrooms identified by independent tests.  Click Here

Current Rooms Tested Over 50ppm

MHS: 1, 3, 5, 7, 8, 205, 401, 505, 506, 704, Old Gym Office, library

JC: office, 18, 19, 22, 23

  • Dec 16, 2014: SMMUSD orders a secret, special cleaning of MHS hours before PCB air and dust testing.  Click Here to see email
  • Dec 19, 2014: SMMUSD Press Release: The District continues to spend taxpayer funds to distract public from source testing to identify the extent of PCB contamination and removal to be in compliance with TSCA.
  • Dec 25, 2014: AU/MU Response to District’s Press Release: District Orders a Secret “Special Cleaning” Rendering Results Meaningless and a Waste of Taxpayer Money.    Click Here to Read 
  • Jan 12, 2015: Peer and AU/MU send 60-day notice to Individual School Board Members included is new school board members and Jan Maez, Ass. Superintendent and Sandra Lyon, Superintendent.   Click Here to Read
  • Jan 13, 2014: Updated Map of all known PCB contamination at Malibu High and Juan Cabrillo    Click Here to See Map
  • Jan 15, 2015: JM Environmental provides a conceptual approach and budgetary pricing to remove PCBs from Malibu High and Juan Cabrillo. This price is less than $1 million. This is 1/4 of what the district has spent to date with not one ounce of caulking removed.     Click Here to Read JM Environmental Plan
  • March 19, 2015: Environ presentation to Board. To date, Environ has outragiously charged $3,225,000 to the district yet no remediation of PCBs have occurred. Click Here to Read Presentation
  • March 22, 2015: Informational Update from SMMUSD Board Meeting with Environ Presenting.   Click Here to Read
  • March 23, 2015: America Unites and PEER filed a Federal lawsuit against Board members, Sandra Lyon and Jan Maez.   Click Here for Press Release

Click Here to Keep Up with the Lawsuit

  • March 24, 2015: District does not disclose the results confirming the accuracy of independent tests. District’s own tests reveal even higher levels of PCBs in caulk up to 570,000ppm. Instead of sharing this with the parents, they bury the document on the district’s website.  Click Here to See Results    Click Here to Email to EPA
  • April 1, 2015: New Map of MHS and JC including District’s own PCB caulking results     Click Here for Map
  • Sept 21, 2015: EPA Document Dated Aug 24, 2015 Confirms SMMUSD is required to do a full investigation.    See Press Release
  • Sept 25, 2015: SMMUSD remediated the wrong classroom in the old gym leaving the PE office still contaminated with PCBs. Incidentally the classroom accidentally remediated also had PCBs at illegal levels proving the point that all like caulking in a building will also have PCBs.   See Press Release    See Map of the Wrong Room Remediated