VI.
RECROSS EXAMINATION

(Question 38 continued, with chronology of Wanda Sue Parrott's involvement in this matter included along with excerpted citations from legal and other official documents.)

1995
PETITION FOR INJUNCTIVE RELIEF AND CIVIL PENALTIES (Excerpts)
Case No. 195 CC 1941
May 31, 1995
Respectfully Submitted by the office of Jeremiah W. (Jay) Nixon, Missouri Attorney General
by Josepb P. Bindbeutel, Assistant Attorney General, MBE #28656


The petition filed by STATE OF MISSOURI ex. rel. THE DEPARTMENT OF NATURAL RESOURCES and THE MISSOURI CLEAN WATER COMMISSION, Plaintiff, versus CITY OF SPRINGFIELD, Defendant, lists allegations including violation of the City's NPDES Permit, all alleged acts and omissions occurred in Greene County, Missouri, and are in violation of the Missouri Clean Water Law, Sect. 644.006 to 644.141, RSMo 1986, which

"5. ...prohibits the discharge of pollutants by any person from a point source into waters of the State of Missouri, except in compliance with Sect. 644.051, RSMo, or as authorized by, and in compliance with, a permit issued under Sect. 644.051, RSMo 1986.

"...9. Springfield owns and operates the Springfield Southwest Wastewater Treatment Plant (SWWWTP).

"10. The SWWWTP receives and treats wastewater from residential, commercial and industrial sources, and then discharges this wastewater into Wilson Creek, a tributary of the James River in Missouri;

"11. Springfield 'discharges pollution'...from the SWWWTP through a 'point source' ...into Wilson Creek which is a 'water of the state" within the meaning of Sect . 644.016 (17), RSMo 1986 .

"...16. NPDES Permit No. MO-0049522 contains specific limitations on the amounts of biological oxygen demand ('BOD'), total suspended solids ('TSS'), ammonia nitrogen, fecal coliform bacteria, arsenic, cadmium, copper, lead, mercury, nickel, zinc and cyanide at Outfall 001 (the main outfall) from the SWWWTP; and BOD, TSS, arsenic, cadmium, chromium, copper, lead, mercury, nickel, zinc and cyanide at Outfall 002 (a peakflow treatment system outfall.) (Comment: included as a comparable to show the magnitude of change extant between the first soapsuds, probably containing lye, and chemicals in our waters--and in sewage backup into our homes and yards--today and, unless drastic change is effected, into the future. WSP)

"...18. Springfield has failed to comply with the effluent limitations of its NPDES permits... ...by discharging pollutants in amounts which exceeded the effluent limitations contained in NPDES Permit No. MO-0049522, as amended, for Outfalls 001 and 002, or any other permit.

"19. Between July 1992 and the present, Springfield also experienced a number of bypasses and overflows from manholes and lift stations, among other places, in which pollutants made their way or were discharged directly into waters of the State of Missouri...

"21. "...Springfield is subject to injunctive relief and is liable for civil penalties of not more than Ten Thousand Dollars ($10,000.00) for each day of each violation alleged..

WHEREFORE, plaintiff prays to this Court to:

a.    Issue an order finding that all violations alleged in Paragraphs 1 through 21 have occurred in violation of the Missouri Clean Water Law, Sections 644.006 through 644.141, RSMo 1986.

b.    Issue a preliminary and permanent injunction enjoining Springfield from further violations of the Missouri Clean Water Law and the regulations duly promulgated thereunder.

c.    Assess civil penalties against Springfield not to exceed Ten Thousand Dollars ($10,000.00) for each day of each violation alleged in this petition. ...

1995
CONSENT DECREE (Excerpts & Interpretations)
Case No. 195 CC 1941
May 31, 1995
Filed with PETITION FOR INJUNCTIVE RELIEF AND CIVIL PENALTIES
by the office of Jeremiah W. (Jay) Nixon, Missouri Attorney General,
by Joseph P. Bindbeutel, Assistant Attorney General, MBE #28656,
a signatory thereon along with other signatories to this agreement:
David A. Shorr, Director, Missouri Department of Natural Resources
and Tom Finnie, City Manager for the City of Springfield, Missouri


"...WHEREAS, Springfield spent approximately thirty-six million dollars ($36,000,000) between 1990 and 1993 to expand its wastewater treatment facilities and to make improvements to its wastewater collection system to better meet the conditions and limitations of its NPDES permit; and

"WHEREAS, Springfield does not admit any allegations in the petition and denies that it has willfully, knowingly, or negligently violated any provision of the Law or the conditions or limitations of its NPDES permits; and

"WHEREAS, the plaintiff and defendant have consented, without trial or adjudication of any issue of fact or law herein, to the entry of this Consent Decree to resolve all controversies in one judicial forum.

"Now, therefore, it is ordered, adjudged and decreed as follows:"

...This Consent Decree shall terminate when the projects set forth in SectionVI (I/I Study and Reduction Program) and Section IX (Supplemental Environmental Project) have been completed... "

(COMMENT: WHEREAS, Wade & Associates: was retained by the City of Springfield for supplemental consulting throughout the implementation of the aforementioned phases of this program, in June 2005 and on several subsequent occasions I sent postal and e-mail letters to Mark G. Wade, requesting titles and other identification about specific studies his firm had conducted in the Sunshine Street-Campbell Avenue area, with specific interest in the SASS section of Springfield. Without this information, I was stalled in my investigation because I didn't know what needed to be secured by title. And,

WHEREAS, my original intent was to provide such information to an engineering firm for purposes of having a private survey and report made on my property to determine its susceptibility to flooding under conditions less than those known as 100-year and 500-year flood levels, such unbiased professional findings to be given to to my attorney. And,

WHEREAS, after a reasonable time of three months had passed, and it appeared no response would be forthcoming from Wade, I concluded that while I am still retentive of sound mind and mold-marred body, I would compile a report for SASS, and so advised Mark Clore. And,

WHEREAS, it appeared, in my opinion, that Wade was making a deliberate attempt to evade my attempts at obtaining evidence, his lack of response aroused my suspicions anew that, indeed, I might be on the track of a City of Springfield cover-up operation. And,

WHEREAS, I resolved to take a new approach to gathering facts, I contacted the U.S. DOJ,. FEMA and EPA by advising of my "Intent to Incite a Taxpayer's Revolt" and why. And,

WHEREAS, with information provided by the EPA-Region VII, and the Missouri Attorney General and Department of Natural Resources, I was able to secure documentation from which I wrote following portions of this Report, it is my opinion that I finally cut through bureaucratic red tape and have, therefore, saved SASS, the time and trouble of having to expend time in securing the same information. And,

WHEREAS, the simple securing of a few straight answers took six months of time, it is my opinion that I have earned the title of Boondoggler. To understand this comment, please return now to the sequential chronicle that follows. WSP)



1997

(COMMENT: The following events occurred while the City of Springfield and Wade & Associates, Inc. were engaged in the citywide surveys in compliance with the above-cited Consent Decree dated May 31, 1995, about which I knew nothing at the time the following events happened. I cannot speak for my neighbors here because I was solely acting as a private party at this time. WSP)

On June 2, 1997, my book ''How to Try Your Own Case in Court-and Win!!" (with Hon. Mel Red Recana, Presiding Judge of Los Angeles Municipal Court) is released at American Booksellers Association (ABA) Convention, Chicago; six days later my mother, Lois M. Childress, dies and I become sole owner of the house at 203 E. Washita St., Springfield, Missouri, which property is payment for serving as aunt's, uncle's and parents' caregiver from 1988 through 1997. Book promotion campaign is delayed until fall, and I am never able to revive it due to attention I must give the property and the effects living in the house have on my health.



1998

Contractor G. Robert Purvis is retained to evaluate condition of the house, give expert opinion on its salability, and fix what needs upgrading. It is in such deteriorated condition, he finds, that it can neither be sold nor rented "as is." In Phase I, new windows are put in; mold-damaged bathroom walls are enclosed with vinyl "tub surround;" mold-damaged bathroom wall tile is replaced, and bathroom and kitchen are painted after kitchen is remodeled, with Purvis building new shelves and doors where he finds the wood is rotted. Much more work than was originally anticipated is required. Phase II is delayed until after winter, during which I tend to literary works.

1999

Phase II starts with sealing interior drywall to contain fungi, then painting living room, hall, bedrooms; remodeling utility room; remediation of floor, including leveling of the house to correct the buckling by removing shims in order to let center boards settle and even the floor, installing new bath and kitchen tiles, and carpeting throughout including in the center bedroom where the hardwood floor is badly damaged from dryrot. Project halts when I am diagnosed with a viral tumor in left sinus cavity, and it is surgically excised in operation lasting around 5 hours. The tumor was cutting off breath and was the size of 2-1/2 golfballs. Recovery is slow and face is numb for a year.

2000

Project resumes. Purvis says house cannot be levelled as planned because Robert Killian, builder, cut corners and there are no shims. Plans is changed to install new carpeting, but leave old asbestos tiles on bath floor and vinyl in kitchen. Before work can start, heavy rains fall throughout July. Flash floods saturate ground; a 24-inch deep blackwater flood slathers my property with sludge on July 12, the lingering outhouse-like stench attracting gnats and spiders. When I get dysentery-strength diarrhea, chills and headache from exposure (tap water?) I seek help from authorities, and go to Dr. Thomas Thomas at Smith-Glynn-Calloway Clinic for a tetanus shot.

On July 13, 2000, the "morning after" the big flood of July 12, while neighbors who had been flooded are asking what to do about the sludge carpet soaking into their lawns, the national press carries an item most Springfieldians probably miss: Here is an excerpt from its lead:

USA TODAY
July 13, 2000

"A federal health agency is urging stricter standards for the processing of sludge, human waste that is treated and converted to fertilizer. ...Scientists with the Centers for Disease Control and Prevention say that the most widely used type of sludge, called Class B, could contain dangerous levels of bacteria and viruses. Class B is treated with a method that removes most, but not all, pathogens.

"CDC scientists would like to see the federal Environmental Protection Agency, which runs the sludge (or biosolids) program, require all sludge to be treated. with the higher standard Class A, in which all pathogens are killed."

Since the kind of sludge we experience as our morning wake-up call is both untreated and unconfirmed by authorities I try for days to contact without a seeming iota of interest, I arbitrarily assign it this classification:

Class C (communal).

By the end of July, when no one from Greene County Health Department or the City of Springfield has come to inspect the contaminated carport, shed and yard, I cancel plans to put the house up for sale and do what I can to save it by retaining contractor/neighbor Mark Clore to do what he can to save the house. Details, which include installation of an automatic sump pump, are available upon request, as are results of soil tests performed by the private laboratory I hired to analyze concentrations of fecal coliform bacteria colonies in 12 locations under and around my house. Missouri Department of Natural Resources, university extension offices, and other federal, state and local agencies which I contacted all say the same thing: my fecal coliform bacteria colonies are caused by birds, insects and animals. When this round of encountering bureaucratic red tape leads back to square one, I begin blazing my paper trail by submitting detailed written records. The rest of my personal history follows in brief.



2001

On Saturday afternoon, February 24, 2001, a heavy rainstorm causes flash stormwater flooding. My new automatic sump pump functions intermittently for three days and nights, never to work so well again. Water is pumped into the back yard, which becomes a natural retention pond of shallow marshlike consistency in which water at the grass roots level is at least 1-inch in depth for weeks. (See photo on Page 73.)

In March 2001, my cookbook ''There's a Spirit in the Kitchen" is released and I begin publicizing it by appearing as a speaker in Kansas City at the annual Convention of the Missouri Writers' Guild, as a speaker at the Springfield Writer's Guild, and participant in a couple of book signing event. Publicity campaign is interrupted by sewage backups in May which enter my home and the house of Catherine O'Bryant, 1902 South Avenue, and maybe others I don't hear about. Mrs. O'Bryant reports the backups to Department of Public Works, which responds to Manhole 13. Mrs. O'Bryant is hospitalized later, following a fall, and is put into isolation at Cox South when she presents a strange unidentified bacteria. Meanwhile, after cleaning up the mess from my floor, which I thought was rinse water from the washing machine, I develop a sinus infection that goes into my lungs or bronchial passageway, so I go to Dr. Shah to have the sinus infection checked.

Dr. Shah sends me to my primary physician, Dr. Thomas Thomas, where x-rays are taken of my chest. I later receive two diagnoses: first, my viral tumor has recurred in the left sinus cavity; second, the infection causing my cough is bacterial, although the strain of bacteria is not identified. In June I undergo my second surgical procedure. The deep cough accompanied by thick mucus finally abates in November.

Research into applicable laws governing legally allowable types and levels of fungiform contaminants in residential buildings is fruitless, so proving exposure to levels of contaminants in excess of such standards, as probable cause of my health problems, is going to be difficult, although not impossible, to prove. So, the best I could do was collect case histories, three of which are included below:

SLUDGE VICTIMS--CASE HISTORY #1--NEW HAMPSHIRE

(Source: http://pa_sludge.tripod.com/SludgeVictims/SV_130_NH.html)

DATE: June 20, 2001
TO: Helane Shields
FROM: Diane St. Germain
SUBJECT: sarcodiosis (sic)/Gilmanton:

Talking to a nurse down-wind fom sludge-site. Said her neighbor--age 59--developed sarcodiosis (sic) -- within the last few years, died last August. Her house is about 1500 feet downwind from sludgesite. See following discussion of "etiology" of sarcodiosis (sic):



The International Thoracic Teaching Resource:

DISEASES OF ALTERED IMMUNITY AND DISEASES OF UNCERTAIN ETIOLOGY
"SARCOIDOSIS"

Jeffrey R Galvin, M. D.
Michael P. D'Alessandro, M. D.
Yasayuki Kurihara, M.D.
Peer Review Status: Internally Peer Reviewed


Clinical Sx:

Etiology/Pathophysiology:

continue this section