View Single Post
Old 22-02-2006   #148 (permalink)
wonwinglo
Moderator
 
wonwinglo's Avatar
 
Join Date: Apr 2004
Location: Warwick,UK
Real Name: Barry
My Models: Aviation artifacts
Visit wonwinglo's Gallery
Posts: 5,628
Images: 49
Wonwings diary-Preserving history-The plot thickens-Part 2

In 1999 Jeff called me to say that the California Department of Health Services, Radiologic Health Branch, came to the warehouse expressing concern about radium-dial instruments on the premises. This set a process in motion that seems to have no end -- even almost eight years later -- and thus far has resulted in the destruction of over one million (yes, one million) irreplaceable historic aircraft instruments and related parts, only a tiny fraction of which had any radium. It has also resulted in the razing of one of two warehouses that housed the items since the 1950s. So far, the cost of the "cleanup" has exceeded $7 million and the bill is being presented to Jeff, personally, even though it was a lawfully incorporated company that owned the instruments. Under the law, he cannot even protect his house and family by declaring bankruptcy, so our government has inventoried his house and ! its contents for possible seizure and sale.
The indications are that the folks who did this have used Jeff Pearson as a warm-up to come after anyone who has a radium-dial instrument, including museums, because Jeff didn't have and couldn't obtain the political clout to stop them. They have already started the same despicable process against an 85-year old surplus dealer in Salisbury, Md., over surplus involving radium that he purchased from the very entity that caused the material to be created and then sold to the public.
When the California Department of Health Services first came to speak to Jeff in 1999, the individual assigned to the task seemed reasonable. Jeff was told that all non-intact radium devices had to be containerized and disposed of as hazardous waste. The DHS bureaucrat (his term for himself) also kindly advised Jeff that "programs" existed through which the Department of Defense (DoD) would take care of disposing the offending items.
That made sense. Of course, the bureaucrat's word turned out to be no good. In a subsequent visit, Jeff was informed that all radium instruments had to be disposed of, not just non-intact items. First Jeff would have to complete a special training course and he would be allowed to remove the non-radium inventory. Jeff took and passed the course.
Jeff also contacted DoD officials, who had no knowledge of any "programs" by which they would assume any responsibility for the materials. This revelation was duly passed along to the DHS agent. Jeff even suggested that DHS assist in having the DoD step up to its responsibility for the instruments it created.
Unfortunately, that approach to the matter of potential radioactive instruments must have made way too much sense, because that state inspector was immediately sent to some other assignment, to be replaced by a fellow whose behavior almost defied description.
This was occurring at a facility where only 5% of the inventory contained radium-dial instruments and only 5% of those instruments were non-intact. The radon level was below the guideline for an industrial setting; however, because that was a guideline, the new bureaucrat's interpretation was effectively law. There was no independent third-party to make rulings on the bureaucrat's interpretations; the bureaucrat was prosecutor, judge and jury and his interpretation of the guidelines changed constantly.
One Step Forward, Two Steps Back
Once Jeff had jumped through the training course that was the prerequisite to him separating out the non-radium instruments, the bureaucrat announced he could not do so: Jeff could not take out any of the inventory.
Next the bureaucrat told Jeff he was going to have to get a license to handle radioactives. Jeff got an attorney and learned that no instrument shop, repair or seller or museum holding or working on radium-dial instruments in the State of California was required to get such a license. And no jeweler, who also handles radium, was ever required to get such a license. The bureaucrat who insisted on a license also said it was unlikely Jeff could get one, so Jeff, on advice of counsel, did not immediately apply.
The new DHS bureaucrat arranged for someone from the DoD to visit. The representative, from the Navy, took a look and said, "It's all ours." He also admitted that the DoD did dispatch technicians to retrieve hazardous material of military origin discovered in the public environment and that the Air Force was going around and quietly removing radium instruments from its on-loan display aircraft and the "gate guardians" outside military bases.
About then the DHS brought in the federal Environmental Protection Agency for a walk-through. The EPA reps said that if they got involved, things "would get ugly." It was one of the few truths uttered by a bureaucrat during the entire persecution.
Jeff continued to try to have the DHS work with him to have the DoD buy back the inventory, and he went to Congressman John Calvert asking for help. In a face-to-face meeting, Congressman Calvert told Jeff this was something for the DoD to handle and then wrote to the DoD. The Department of Defense responded to the Congressman by saying that since it didn't sell the instruments directly to Mr. Pearson, it wasn't responsible. Congressman Calvert then stepped away from the situation.
Bring In The Feds
The DHS response to Jeff's continued efforts to have the DoD step up to its responsibility was to inform Jeff he had to get a license or it would turn matters over to the EPA. At the same time the DHS hit him with a cease-and-desist order barring him access to the warehouse and its inventory, even non-radium-dial instruments and it raided his hangar at the Chino Airport. Jeff had to hire a health physicist to test the Chino inventory for contamination before it could be removed. The physicist told Jeff that in over 40 years he'd never seen the DHS go this far overboard.

Jeff decided to apply for the license. So the bureaucrat promptly told Jeff that he would have to obtain a multi-million-dollar bond for "cleanup" before getting the license. He then said he'd give Jeff time to get the license, but meantime the warehouse was completely sealed off and no one was allowed to enter, unless wearing hazmat suits -- for a radon exposure level less than is allowed in industry. (All previous entry had been in street clothes.)
Jeff made an appointment with the DHS head of licensure in Sacramento, who informed him that he certainly could get a license and that there was no bond requirement.
Before the scheduled appointment with the head of licensure, the DHS bureaucrat apparently realized that Jeff might be able to jump this last hurdle that the bureaucrat had erected and took action to keep Jeff from ever recovering any of his inventory: He brought in the EPA, which declared the warehouse completely contaminated. Then, without any testing of the instruments themselves, they hauled every single instrument to a hazardous waste site and destroyed them. No one, neither the EPA nor the State bureaucrat, ever tested the thousands of historic aircraft instruments that were destroyed. They simply said, "We believe they are contaminated," and destroyed unused antique artifacts. Despite being in a warehouse with a radon level below the guideline for an industrial area, the EPA -- without compensating Preservation Aviation -- trashed several million dollars worth of historic airplane instruments. Only 5! % had radium dials and only 5% of those were not "intact." (The EPA admitted the quantities in writing.)
The EPA then razed the warehouse. If you go to that block in North Hollywood, an historic aviation site, all you will see is flat ground. The EPA has said that the cost of their "cleanup" is over $7 million.
__________________
'And there I was oil on my goggles from a broken pipe,then I looked at the altimeter,all I could see was the makers name !'
www.wonwinglo.scale-models.net/
wonwinglo is offline   Reply With Quote