PCB contamination at Malibu schools is now part of the Malibu Association of Realtors newest disclosure requirements.The latest version of the Malibu-Topanga Disclosure Addendum, which went into effect on Sept. 2, 2015, is intended to let prospective buyers know about local issues. This disclosure reads:
“Some Malibu Schools (Juan Cabrillo Elementary, Malibu Middle School, and Malibu High School) have been determined to contain Polychlorinated biphenyl (“PCB”), a known carcinogen, in caulking and other building materials. Environmental assessments are ongoing. Buyer is encouraged to investigate and determine whether he considers the use of said materials a potential health hazard prior to close of escrow.”
Given the undisputed toxic hazards of PCBs to children’s health, this addendum makes it evident that PCBs also have the potential to affect other aspects of the community, including real estate.
The Malibu school contamination issue has plagued the Malibu community since October 2013, when dangerously high levels of polychlorinated biphenyls (PCBs) were uncovered at the three Malibu public schools. Two years later, Santa Monica-Malibu Unified School District (SMMUSD) officials have spent a reported $6.5 million on legal fees and consultants rather than the estimated $600,000-$800,000 it would have cost to remove all the caulking, according to Public Employees for Environmental Responsibility (PEER) and the grassroots Malibu-based environmental watchdog organization America Unites for Kids.
America Unites President Jennifer deNicola says, “This addendum has become necessary because for two years, SMMUSD has acted irresponsibly. The PCB issue could still be quickly and completely resolved if the SMMUSD would commit to a program of testing and proper removal.”
The battle over testing and remediation has caused dozens of Malibu families to choose alternative schooling options for their children rather than risk exposure to a toxin known to cause cancer and other serious health issues. Since 2013, it has been reported that five teachers and three alumni from these Malibu Schools have been diagnosed with thyroid cancer and 14 teachers and six alumni have thyroid disease. This summer, four more teachers reported being diagnosed with thyroid issues, including potentially cancerous nodules.
“SMMUSD’s continued refusal to test the caulking in all classrooms is really an admission of guilt,” deNicola said. “District officials know that testing will reveal high levels of PCBs, requiring removal. But most importantly, PCBs are a clear and dangerous threat to human health. By deliberately avoiding this testing, the district is willfully endangering children and teachers.”
There comes a time when one must take a position that is neither safe, nor political, nor popular, but he must take it because conscience tells him it is right.
- Martin Luther King, Jr.
Joel Shufro, Executive Director of the New York Committee for Occupational Safety and Health
(I have) urged the EPA to acknowledge the emerging science on the health effects of PCB exposure, and apply the precautionary principle to protect school employees, teachers and children who work and learn in these buildings."
David O. Carpenter, Ph.D. at University of Albany
"There is no safe level of PCBs for kids to breath. PCBs must be removed from our nation's schools."
Legislative History of TSCA and Banning of PCBs
The EPA is not one of viperous and quick action. This amendment defines PCBs to be bad, hazardous and dangerous and it mandates a program for their gradual removal, beginning with those uses which are outside of enclosed containers.