Investigators Probing 58 Years of Government Pesticide Pollution in St. Augustine, St. Augustine Beach and St. Johns County, Florida
Environmental investigators are probing the Anastasia Mosquito Control District of St. Johns County, which has allegedly unsafely cleaned pesticide tanks and allegedly dumpedpesticide poisons for 58 years without complying with federal and state environmental laws.
On Friday, December 22, 2006, investigators from the Florida Department of Environmental Protection (DEP) visited at least three of five potentially contaminated sites, including the AMCD headquarters at 500 Old Beach Road in St. Augustine Beach; the Ponte Vedra station behind Rawlings Elementary School; and the station in Northwest St. Johns County. DEP must return to inspect Anastasia State Park and the AMCD station located in a former firehouse in the Town of Hastings;
For decades, pollution -- including used oil, DDT, Malathion and other pesticides -- were allegedly drained and allowed to flow into our groundwater and aquifers
Investigators are also probing alleged illegal dumping of entire tanks full of pesticides by some AMCD employees, who allegedly dumped instead of spraying DDT, Malathion and other pesticides.
In an interview on December 19, AMCD Director Dr. Rudy Xue said the no-competition purchase of a $1.8 million helicopter was a "Christmas present."
In the meeting requested by Dr. Xue, he told three environmentalists that Anastasia State Park was one of the locations where dumping took place. Dr. Xue repeated this information and was asked if the Park managers knew. Dr. Xue said that the Park was made aware of the dumping. Park Superintendent for sixteen years, Paul Crawford, said such was not the case -- ne never learned of the alleged illegal dumping until I spoke with him the morning of Wednesday, December 20th.
Dr. Xue admitted that FDEP was never informed of the alleged illegal dumping of pesticides and used oil into our environment.
Several years ago, an AMCD audit uncovered a $5000 check for remediation of a toxic release from several barrels. AMCD's then-director never informed the AMCD board of the spill. DEP was never informed of the spill.
Florida DEP records show DEP was never informed of any spills by AMCD at any time in its history.
Likewise, St. Johns River Water Management District records show that AMCD never obtained any permits for earth-moving, berms, dams or other earth-moving with AMCD equipment.
For 58 years, AMCD has operated in secrecy -- like many other Florida mosquito control districts -- almost entirely insouciant to environmental and worker protection law.
When Dr. Xue arrived several years ago, he was shocked that AMCD workers were spraying pesticides wearing shorts. Dr. Xue instructed them to wear long pants. AMCD Board Chair Barbara Bosanko told workers they could continue wearing shorts. (Chair Bosanko did not deny but claimed she could not recall the statement, at a board meeting).
Until Dr. Xue arrived, workers spraying pesticides laundered pesticide-contaminated clothing in their homes, where other family members' clothing (and local sewage systems) could be contaminated.
For 58 years, AMCD workers, spraying pesticides have never been tested for cholinesterase and are still not tested. Training of workers leaves much to be desired. Workers are still not provided with masks or respirators.
Possible adverse health effects of pesticide exposures poisonings include neurological damage.
Other than a CDC study (with no names retained), AMCD was unable to show any efforts to protect workers from the DDT Malathaion and other toxics to which employees have been exposed.
Efforts to interview AMCD Chair Barbara Bosanko were subject to massive resistance.
At 5:01 PM on December 21, I asked about cholinesterase testing; Chair Barbara Bosanko asked me to call her back at 9 AM the following morning.
When I called as requested, she was unfriendly. She placed me on a speaker telephone in her kitchen, with her daughter and husband (former St. Johns County Attorney Daniel Bosanko) listening. Former St. Johns County Attorney Daniel Bosanko raised his voice and hung up the telephone, acting out as if he were conducting the defense of a deposition. Asked at 9:15 on December 22 about cholinesterase testing, AMCD Chair Barbara Bosanko admitted, " " I don't believe that we have anything like that ... I don't know." AMCD Chair Barbara Bosanko's husband, former St. Johns County Attorney Daniel Bosanko, said to "bring it up at a board meeting." He was unfriendly, too and his suggestion was, at best, facetious.
In fact, despite promises by AMCD lawyer Geoffrey Dobson (that there were no time limits on speakers), AMCD Chair Barbara Bosanko attempted to inflict a three-minute time limit on speakers at the December 14, 2006 meeting. At that meeting, Chair Barbara Bosanko and Director Xue recently refused to answer questions, even from newly-elected board members, claiming they would be answered by "E-mail."
Regarding 58 years of alleged pesticide contamination, AMCD Chair Barbara Bosanko said, "I didn't realize that there was contamination." Contamination issues have been raised for years by citizens, including newly elected board members, speaking to AMCD, DEP and local print and electronic media (which have been at best indifferent to those concerns up until now).
AMCD Chair Bosanko said "you need to direct these questions" to Dr. Xue, adding that she had "no comment."
AMCD Chair Bosanko said "I have no idea" regarding dumping in Anastasia State Park.
Former County Attorney Dan Bosanko interrupted, saying "this is not an interrogation," complaining that "you're calling at us at our breakfast .... you ask a leading question that proposes something that there's no foundation for... you ask us (sic) to respond assuming it's true - are you claiming you're DEP?"
Daniel Bosanko's voice rose in octave and volume.
Then Barbara Bosanko was asked about a former employee who displayed neurological symptoms. Former County Attorney Daniel Bosanko then said, "have a nice day, Ed, okay," hanging up the telephone.
Then I called AMCD lawyer Geoffrey Dobson of Dobson & Brown (also the lawyer for developers, the Town of Hastings, St. Augustine Beach, the City of St. Augustine, St. Johns County, St. Johns County Tax Collector, St. Johns County Clerk of Court and other state, county, municipal and special taxing district offices)(see list of 22 organizations listed in Martindale-Hubbel Legal Directory in prior interview with Mr. Dobson, below).
Mr. Dobson was asked about cholinesterase monitoring for eemployees and said "that is not anything that would be" subject of legal advice unless he was "asked a question" by AMCD's Director or Commission. Mr. Dobson said "I don't ordinarliy involve myself in operation of the district."
Mr. Dobson claimed regarding contamination, "I don't recall anybody reporting that the sites were contaminated ... I'm not aware that they are contaminated." Mr. Dobson said he was "not aware of that the
District has not taken any action" regarding sale of sites, with or without disclosing contamination problems.
Mr. Dobson admitted not taking notes during a "lengthy investigation" at AMCD several years ago, asserting that the subject matter was more limited than that discussed in his letter, claiming that there was a "very lengthy investigation" but asserting the subject was alcohol use at a birthday party and that the investigation involved an "outside consultant to investigate."
Mr. Dobson admits, " generally I do not take notes... I do not take notes," while denying he ever said that he didn't take notes because he feared subpoenas and wanted to avoid his notes from being subpoened.
Mr. Dobson said on December 22 that "I was told yesterday that you made the contention that dumping," when in fact Director Xue had admitted the dumping in his December 19 meeting that he requuested with three environmentalists.
Mr. Dobson raised his voice in octave and volume, stating "I don't want to know from you what your hearsay conversation with Dr. Xue .... I am aware that two people can have different views of a conversation ... I'm not going to get in the middloe of disputes about what was said... you're putting words in his mouth ... if Dr. Xue tells me something, I will believe Dr. Xue," adding he was "not going to get in a swearing contest with" you.
Mr. Dobson then said, "I'm going to stop answering questions -- from you."
In a possible conflict of interest, Mr. Dobson's firm represented both sides of the lease between AMCD and the Town of Hastings. Asked about contamination, Mr. Dobson said "I don't know whether it was contaminated by the fire department ... that particular lease was proepared with full disclosure by Mr. Brown."
Mr. Dobson said, "if the questions of contamination arises, then we'll deal with that ... as far as this conversation is concerned, it's over, goodbye, Mr. Slavin."
Former Florida DOT General Counsel and AMCD lawyer Geoffrey Dobson then hung up the telephone.
Two defensive county government lawyers. Two telephone hangups before 10 AM. That's the way it was on December 22, 2006.
On January 11, 2007, AMCD will have three new board members and an election to choose the next Board Chair and Vice Chair.
At that time, it is likely that discussion will include the EPA/FDEP investigation of 58 years of abuse of pesticides, AMCD's disrespect for employee rights, AMCD's purchase of a $1.8 million helicopter without competitive bidding and AMCD's purchase of a $1.2 tract of land without an appraisal or environmental testing.
AMCD has never informed its employees of their rights under federal environmental whistleblower laws.
Asked on December 19 about environmental and environmental whistleblower laws, Dr. Xue said, there are "too many laws."
Having never complied with environmental and water management district requirements -- while purchasing a $1.8 million helicopter as a "Christmas present" -- are AMCD's 58 years of playing Scrooge to employees (and scourge to our environment) now ending?
Will AMCD be altered, or abolished?
Will AMCD become a protector of our environmental heritage?
Will AMCD be responsive to the will of the people?
Will AMCD cancel or sell the helicopter contract and rescind the land purchase?
Will AMCD promote natural pesticides (including mosquito-devouring fish, bats and dragonflies)?
Will AMCD remedy its damage to employees, residents and our environment (including dramatic declines in frogs, butterflies and other wildlife)?
Will AMCD reform itself and lead Florida's mosquito control districts to reform themselves?
Will AMCD be known as a place where citizens gave an independent taxing district a second chance to prove itself worthy of setting its own millage rate, growing into a just steward of our environment?
Or will AMCD be known as the avatar of Rachel Carson's book, "Silent Spring?"
You tell me.
Ed Slavin
904-471-7023
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