Ashley M. Gjøvik, JD
We previously discussed how Apple didn't change its carbon filters for around five years (per Apple's manifests); so those filters were probably useless and doing nothing to control the gas/vapor emissions.
But there's more! US EPA also noticed that when Apple did start changing the filters in 12/2020 (after I reported my chemical induced illness next to the building), Apple then unilaterally claimed solvent drenched charcoal is not haz waste, & proceeded to illegally dispose of it.
Ashley M. Gjøvik, JD
Let's start with illegal treatment: Apple set up a 1,700 gallon aboveground chemical storage tank to treat their ignitable solvent waste. The chemicals are clearly RCRA-regulated hazardous waste. The tank was even marked hazardous waste. But Apple obtained no permits for it, nor told the government about it, because Apple unilaterally (and incorrectly) declared it wasn't hazardous waste. #BadApple
Ashley M. Gjøvik, JD
But Apple's potential felonies did not stop there! Apple also decided to transport the illegally treated haz waste (which Apple claimed was never haz waste) to a disposal facility still claiming it wasn't haz waste (even though it was). In 2021 Apple's same waste stream included the TSCA regulated chemical NMP, which, in 2022, EPA proposed should be banned due to unreasonable risk of human harm.
Ashley M. Gjøvik, JD
This same solvent waste storage tank full of environmental crimes also featured illegal emissions too! The solvent VOC air emissions from the tank & all of the facility's solvent exhaust were collected into a mainline & then dumped into the ambient air on the roof, without a permit, & probably almost entirely unabated (so straight up solvent vapors into the outdoor air).
Ashley M. Gjøvik, JD
Because Apple wasn't monitoring its solvent emissions, & had no permit, its unclear just how much toxic waste Apple dumped into our bedrooms.
Also, it gets worse. Between 2020-23, Apple did monitor the air for vapors with an ad hoc, handheld, calibrated gas detector...ONE TIME.
Apple failed to calibrate the tool in all other tests. However, Apple did calibrate the tool a few times, but each time Apple then failed to actually use the tool to test anything. Great work, Apple.
Ashley M. Gjøvik, JD
US EPA Enforcement & Compliance conducted 3 onsite inspections of Apple's fab facility in 8/2023 + 1/2024. US EPA noted at least *19* potential violations of the RCRA hazardous waste statute.
I just posted US EPA's report for public access. Dropbox link: https://www.dropbox.com/scl/fo/312oqvretg7yyhfx0ohx4/AGZduVXs0_1geqIyi0NA9nE?rlkey=3aa2tw15ek3trqlbdh7pw9erh&st=e7pg1cpp&dl=0
Ashley M. Gjøvik, JD
After discovering what Apple did, I then spent three months requesting records & digging through regulatory filings to learn more - which led me to file a complaint to US EPA in June 2023. I met with EPA's investigators & sent them everything I discovered.
I told EPA I didn't want my whistleblowing to be anonymous, and instead, that if EPA shows up to inspect the plant, when they do, please have the EPA cops tell Apple: "Ashley says hi." 💀
Ashley M. Gjøvik, JD
The inspection was supposed to be unannounced so EPA surprises the inspected party who has no chance to cover up issues before EPA gets inside. However city HazMat tipped off Apple & EPA was greeted by Apple's EH&S team. Note: what EPA found was AFTER Apple had time to clean up.
Ashley M. Gjøvik, JD
TLDR; EPA discovered that Apple was:
- illegally treating hazardous waste
- illegally transporting hazardous waste to disposal facilities
- illegally dumping hazardous waste into the ambient air outside the facility (into the apartment windows)
- leaving stockpiles of extremely dangerous chemicals unattended on weekends
Ashley M. Gjøvik, JD
🧵 In 2020, I nearly died from mysterious industrial chemical exposure at my apartment. Later, in 2023, I discovered my employer was dumping toxic waste into the apartment windows from their Skunkworks semiconductor fab next-door. I tipped off the US EPA, who sent their env cops to raid Apple's plant in Aug of 2023. The US EPA finally released the report of their enforcement inspections & sent me a copy on Friday. 💀 ⬇️
Pleroma-tan
D2
@ashleygjovik and it’s quite bad that they seem to mislabel hazmat repeatedly. Rcra expressly is hard on cradle-to-grave documentation because we can forensically reconstruct some aspects of pollution if a partner on the feed side says ‘we sold them 100 gallons of solvent’, and another on the waste disposal says ‘nuh-uh, we only got 80 gallons, and they said it was benign wastewater’, aka the goes-intas and the goes-outas.
Ashley M. Gjøvik, JD
We're not done, you guys. There's more!! However, if you feel like you just got a strong whiff of Apple's poison gases & you need a moment to catch your breath; I'll just leave this right here as a reminder of how important it is that we look out for each other and feel a sense of duty to the community around us.
It's a tale as old as time that industry will poison communities as much as it can, as long as it can, until every day people come together to demand to not be slowly murdered.
Ashley M. Gjøvik, JD
Next, EPA discovered that Apple had many smaller nonpermitted tanks of haz waste scattered around the plant; including 5-gallon containers of "highly flammable" & corrosive chemicals. Apple unilaterally declared they were not hazardous waste because Apple 1) never analyzed it & 2) did pour water into it. EPA said "no" & also pouring water into haz waste is still "treating" haz waste, and requires a permit that Apple did not have.
kayenne
@ashleygjovik I have mirrored the files to archive.org, which comes with a convenient PDF viewer and no login nagging from Dropbox: https://archive.org/details/2024_04_30_Apple_3250_Scott_RCRA_Insp_Report
Please tell me if any of the files are not US Gov work product because I marked the upload as public domain!
Aral Balkan
@ashleygjovik Alt text (addendum): the all caps-post reads: APPLE IS DOING LITERAL ACTUAL GODDAMN SILICON FAB O.2 MILES (0.3 KM) FROM THE APARTMENT WHERE I GOT SO SICK I THOUGHT I WAS DYING & APPLE VENTED THAT SHIT INTO THE AIR FROM THEIR ROOF THE YARD NEXT TO THEIR"GAS BUNKERS"RIGHT INTO MY 3RD FLOOR APARTMENT
Ashley M. Gjøvik, JD
The US EPA inspector noticed Apple had a 55-gallon container of corrosive liquid chemicals sitting in Apple's "Chemical Bunker," & the container's cap was removed
EPA said: hey Apple, why is that haz waste container left open?
Apple responded: its open so the vapors can vent, you know, so it doesn't explode
EPA said: you need to buy containers designed for these types of chemicals
Ashley M. Gjøvik, JD
If you're thinking, ok that all sounds very dangerous, but I'm sure Apple was keeping an eye on things...
The facility operated 24/7 but only M-F.
On the weekends it was unattended & Apple didn't monitor their waste or waste treatment systems.
Apple also stopped their weekly inspections in Feb 2023 after I learned what they were doing at the factory.
Ashley M. Gjøvik, JD
Finally, lets talk about Apple's factory exhaust into the ambient air next to thousands of homes and two public parks.
Much of Apple's solvent exhaust was vented out "as is" (unabated) from the main system.
The illegal solvent treatment tank exhaust did go through the untested carbon boxes, but then it was released out of a tiny vent pointed *down* at the building. Any gases heavier then air would be directed to the ground level to pool into toxic vapor plumes.
There were no permits.
Ashley M. Gjøvik, JD
My civil lawsuit against Apple includes 2 toxic tort claims for what theyre doing at this factory. I alleged Nuisance + Ultrahazardous Activities. The US Judge is letting me proceed with both claims.
https://casetext.com/case/gjovik-v-apple-inc-1
Apple can keep flailing around, but we're in US court now & they will be forced to face the music. I'm also waiting to hear from US Dept of Labor Judge if I can add RCRA, Clean Air Act, & TSCA retaliation claims.
Finally, its also possible DOJ could pursue criminal charges.
Ashley M. Gjøvik, JD
Speaking of Apple's Chemical Bunker...when US EPA started looking around, it saw 30 containers of corrosive liquid, & 12 containers of flammable liquids, all "stacked against the wall." The labels were not visible so EPA had to dig through the jugs to figure out what was there.
Ashley M. Gjøvik, JD
The US EPA inspector also came across a pile of random containers of hazardous waste, apparently thrown in the corner of the Bunker. Three container's contents were unknown. All 10 were not dated & had not been analyzed. Apple claimed they had just left them there that morning.
Ashley M. Gjøvik, JD
All of this excitement about Apple's many toxic waste failures was apparently too much for DropBox and they needed to take a break. In the meantime, I've now also shared the documents here: https://drive.proton.me/urls/KPZ6E314Q8#BK4LU2W3FWur
Colin the Mathmo
I need to download this to check it out later:
Calling @Chartodon Spine ...
It's enraging ... all of it ... and I hope you take them to the cleaners, and justice is served.
CC: @ashleygjovik
Darnell Clayton :verified:
@ashleygjovik Whoa! That was a lot! Wow! I am still shocked reading this! This is a painful lesson for Apple, but hopefully they will learn from it & prevent similar incidents from happening in the future.
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