Gjovik's Apple Office at 825 Stewart Drive (the TRW Microwave Superfund site)
Ashley Gjovik’s Apple office from 2017 until her termination was located at 825 Stewart Drive in Sunnyvale California. It was also known as the “TRW Microwave” Superfund site (part of the US EPA “Triple [Superfund] Site").
The “Triple Site” is the collective name for three adjacent [Superfund] sites in Sunnyvale that have jointly contributed to a groundwater solvent plume. The US EPA webpage for Triple Site states that, “a groundwater plume composed of volatile organic compounds (VOCs), including TCE, extends from these [three Superfund] sites more than a mile. In addition, the “Offsite Operable Unit” is roughly a one-hundred acre area where shallow groundwater contamination from TRW Microwave, and the other two sites, has migrated to, and which “includes four schools and over 1,000 residences.” As of 2021, “residences are being sold in the [Triple Site Offsite Unit] and building permits for construction are being issued by the City without notification of site conditions and transmittal of mitigation system [Operations & Management] plans and EPA requirements to existing owners, prospective purchasers, and new buyers.”
Update: Read Ashley's Five Year Review submission
The “Triple Site” is the collective name for three adjacent [Superfund] sites in Sunnyvale that have jointly contributed to a groundwater solvent plume. The US EPA webpage for Triple Site states that, “a groundwater plume composed of volatile organic compounds (VOCs), including TCE, extends from these [three Superfund] sites more than a mile. In addition, the “Offsite Operable Unit” is roughly a one-hundred acre area where shallow groundwater contamination from TRW Microwave, and the other two sites, has migrated to, and which “includes four schools and over 1,000 residences.” As of 2021, “residences are being sold in the [Triple Site Offsite Unit] and building permits for construction are being issued by the City without notification of site conditions and transmittal of mitigation system [Operations & Management] plans and EPA requirements to existing owners, prospective purchasers, and new buyers.”
Update: Read Ashley's Five Year Review submission
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Read more about what happened below...
The US EPA “Triple Site” includes three NPL Superfund sites (AMD Site, TRW Microwave Site, Offsite Unit) and one RCRA remedial action site (Signetics). The sites are “clustered together in Sunnyvale California.” The EPA has been “prioritizing and scheduling site work based on human health risk to vapor intrusion into buildings… the [Offsite Unit] risk to human health and environment… and “a Record of Decision Amendment (RODA) will be initiated based on F[ocused] F[easibility] S[tudies] completed for the AMD, TRW, and Signetics Site and [Offsite Unit].” The new study was needed because “the surficial aquifer exposure pathway for V[apor] I[ntrusion] is poorly delineated in the OOU” and “vapor intrusion in the OOU was not addressed in the R[ecord] O[f] D[ecision].”
One of the sites is the “TRW Microwave” Superfund site (EPA ID CAD009159088) which is a former industrial semiconductor fabrication and manufacturing facility at 825 Stewart Drive.[5] The primary contaminants in the TRW Microwave groundwater contamination plume are chlorinated volatile organic compounds including trichloroethene (TCE), and its daughter products cis-1,2-dichloroethene and vinyl chloride. There are 10 Contaminants of Concern in total. The Responsible parties for 825 Stewart Drive have been cited numerous times by the city, state, and federal government for violations at the TRW Microwave Superfund site. This includes 1984 & 1989 state orders, a 1991 state and US EPA Record of Decision, a 2014 warning and agency transfer, a 2014-15 Notice of Deficiency, and a 2019 Settlement between the parties and the U.S. EPA.
The first groundwater investigation at 825 Stewart Drive occurred in 1983 in response to state EPA inquiries and a state clean up order was issued in 1984 (Order No. 91-103). The TRW Microwave site at 825 Stewart Drive was proposed for the National Priorities List on June 24 1988, officially included on February 21 1990, and a Record of Decision was issued in September 11 1991. In 2002, TRW merged with Northrop Grumman and changed its name to Northrop Grumman Space & Mission Systems Corp. The building at 825 Stewart Drive was unoccupied from January 2001 through October 2015, when Apple moved Gjovik’s team into the building.
The site has numerous hydro-stratigraphic units within four plume zones. The shallowest zone (Zone A) is only 2.6 feet to 9.4 feet below the ground surface and as of 2021, TCE concentrations were up to 95 μg/L and vinyl chloride up to 27 μg/L. The second shallowed zone (Zone B1) is 22 feet to 46 feet below ground surface, and as of 2021, had concentrations of TCE up to 1,400 μg/L and vinyl chloride up to 51 μg/L. Northrop Grumman conducted an initial vapor intrusion evaluation at the TRW Microwave site in 2004, which indicated that TCE concentrations in indoor air present an inhalation risk exceeding acceptable health and safety levels.
The US EPA determined in 2015 that the conditions at the Triple Site may constitute an imminent and substantial endangerment to the public health or welfare.
In 2013 and 2014, the city of Sunnyvale received nuisance complaints about 825 Stewart Drive, including complaints about graffiti on the abandoned building (i.e., “PCP”, “I LIKE TO F[***] THE HOMELESS”, etc.) as well as people using the building’s bike locker “as an outhouse.” (#2013-0228).[16] The city then issued additional warnings in 2014 citing Nuisance under Sunnyvale Municipal Code 9.26.030 (#2014-1970) for overgrown foliage.
In May 2014, Oaktree Capital and Hines purchased 825 Stewart Drive (with the 14-year+ vacant, abandoned, TCE-filled office building), for $12 Million. (At this time Oaktree Capital’s Robert Denham was on the Chevron board with Ronald Sugar, who had left Northrop Grumman only four years prior but still remained an “Advisor” for the arms dealer). Under information and belief, Ronald Sugar brokered the sale of 825 Stewart Drive to Oaktree Capital and the lease of 825 Stewart Drive to Apple, exploiting his position on the Chevron and Apple Boards, and in the interests of Northrop Grumman Corporation, and for his personal interest. Sugar has allegiance to Northrop Grumman through his longtime position as chief executive, and through large active stock holdings, but Sugar also has personal ties to the site to this location through TRW, and it’s entirely possible Sugar was involved with matters related to the pollution, clean-up, and legal matters related to 825 Stewart Drive while he worked at TRW Microwave. Sugar may want to limit Northrop Grumman’s financial and public relations exposure to the dangers at the site, and/or his own interests, by having “friendly” owners and tenants.
In May 2015, Northrop Grumman completed the installation of a “sub-slab” ventilation system (“SSV”) inside the building. (The “slab” refers to the concrete foundation, and “sub-slab” is under the “slab.”) Northrop Grumman installed a ventilation system (horizontal “collection pipes”) beneath the slab foundation, which allow vapors to move laterally, and connected the collection pipes to vertical vent risers that vent to the roof, in order to provide a preferred pathway for hazardous waste vapors “that allow sub-slab contaminant vapors to discharge to the atmosphere.” The risers vent to the rooftop via wind-powered turbines at the vent termination point. This type of mitigation system is referred to as “passive” (compared to “active” and “depressurization”) and is not as effective as other options and not ideal when there’s known vapor intrusion occurring. Northrop Grumman left multiple “sub-slab monitoring ports” inside, which allowed access to the “collection pipes” from above ground for diagnostic testing and sample collection. Northrop Grumman then hired a professional engineer to inspect and certify the sealing of the floor cracks and conduits at 825 Stewart Drive. (the slab is the primary mitigation to prevent vapor intrusion in this building).
In the second half of 2015, Apple also then renovated the building. Apple’s installation of the HVAC system for the building in late 2015 included Apple sawing the sub-slab vent stacks, on the main building roof, down from three feet to one foot, and then installing the HVAC intake in close proximity to the sub-slab vapor exhaust vents, and low to the ground where the vapors would be pooling on the roof, nearly guaranteeing re-entrainment of the hazardous waste vapors into the HVAC system. Apple also installed tall ‘fencing’ around all of this, which prevented the wind from moving the pooling air away from the HVAC intake vents, and preventing the wind from spinning the vent turbines. Apple’s activities introduced a significant risk for re-entrainment of the effluent vapors into the building.
The industry standard for stack design is to ensure the stacks place the vent at least 10 feet above the rooftop. The National Fire Protection Association specifies minimum stack height of 10 ft to protect rooftop workers. For laboratory exhaust, the American Industrial Hygiene Association recommends minimum stack height of 10 feet above adjacent roof line, and stack height extending one stack diameter above any screen. (Compare to Apple’s 1 foot). Exhibit: Exhaust Diagram from ASHRAE Handbook
Apple penetrated the slab (concrete floor) of the building at 825 Stewart Drive in late 2015. US EPA records note that “tenant improvements performed in late 2015… included… penetration and subsequent re-sealing of the concrete slab for installation of additional piping and utilities.”[27] Apple claims only AECOM inspected the floor prior to penetration and after sealing.[28] Under information and belief, Apple never engaged an independent professional engineer for inspection and certification as Northrop Grumman did in May 2015.
In May 2015, vapor intrusion testing at 825 Stewart Drive showed indoor air pollution of Trichloroethylene (TCE), 1,2-Dichloroethene (1,2-DCE), Toluene, Chloroform, Methylene Chloride, and Ethylbenzene. The testing also showed outdoor air contamination on the roof, possibly coming through the sub-slab vents. The rooftop air pollution included TCE, 1,2-DCE, Chloroform, and Xylenes.[29]
Apple (not Northrop Grumman) managed, signed off on, and submitted the report to the US EPA for the December 2015 vapor intrusion testing at 825 Stewart Drive. The vapor intrusion testing report cover page says “prepared for Apple Inc.” by AECOM. Apple’s December 2015 vapor intrusion testing results showed an increase in sub-slab and indoor air pollution compared to the May 2015 results.[31] For instance, while the highest indoor air TCE reading in May 2015 was 0.58 µg/m³, the highest indoor air TCE reading in December 2015 was 1.2 µg/m³ (double). Another example, in the May 2015 test results, no indoor air results exceeded US EPA or California DTSC HERO limits; the December 2015 results, however, included results for Ethylbenzene which exceeded both US EPA and DTSC HERO limits.[32] Even Apple’s report noted a “noticeable increase” of TCE, PCE, and chloroform in the sub-slat venting system.
Apple submitted the test result report to US EPA in February 2016. The report noted a number of issues that occurred during testing including inability to turn the HVAC off in one area of the building, unexpected construction work during the testing, moving an indoor air testing location to a different area not in a “secure” lockdown (implying Apple already had employees working in the building), and testing unplanned sub-slab monitoring ports (which are directly connected to the vapor intrusion ventilation system) because the two indoor planned that were planned to be tested were “compromised” (SS-7) and “could not be located” (SS-11).
Both rounds of resting in 2015 were for only ten hours. Indoor air sampling for vapor intrusion contaminants is usually conducted for a duration of 24 hours, and eight hours is the bare minimum and requires proper justification. On March 2 2016, the US EPA “approved” Apple’s December 2015 test results, however, the US EPA actually re-approved the May 2015 results and did not respond to the December 2015 testing. In 2016, US EPA (Melanie Morash) wrote about the December 2015 results in her approval letter: “of the five indoor air samples collected, the highest level of trichloroethene (TCE) detected was 0.58 micrograms per cubic meter (ug/m³).” [However, this was the May 2015 data].
Under information and belief, if the US EPA had reviewed the December 2015 test results, they may not have approved the results and/or may have said the building was not safe for occupation by workers. In the alternative, US EPA did review the December 2015 report but instead of denying it, they intentionally repeated the May 2015 results as a favor to Apple.
Apple’s February 2016 report stated that “if building conditions change in the future where the sub-slab foundation is affected and/or other VI conduits are created, then an additional monitoring event will be performed utilizing the same sampling methodology.” Apple’s methodology for the 2015 testing included using 6-liter Summa canisters configured for a ten hour sample and TO-15 panel, and collecting multiple indoor air samples, multiple sub-slab port samples, and rooftop outdoor air samples. [Gjovik and Apple would fight about this later, with Apple insisting on using inferior week-long passive sorbent-based testing in 2021, after notifying Gjovik that the slab was compromised, and Gjovik insisting Apple align with the prior workplan and also notify US EPA, but Apple refusing. Later, the US EPA would order Apple to essentially do what Gjovik said.]
In 2016, Oaktree Capital and Hines sold 825 Stewart Drive to CalSTRS via GI Partners while Apple was a tenant. The US EPA transmitted a letter to CalSTRS/GI Partners instructing them about their obligations under CERCLA. The letter stated: “The new Prospective Purchaser and any tenants will cooperate with EPA and Northrop by providing reasonable access to the Property for operations maintenance and monitoring of the indoor air and vapor intrusion control systems, groundwater monitoring, as well as any other current and future remedial activities, monitoring and implementation of institutional controls.”
The US EPA letter explained that in order for the new owner to qualify as a Bonafide Prospective Purchaser (BFPP) under CERCLA, they “must take reasonable steps" with respect to stopping continuing releases, preventing threatened future releases, and preventing or limiting human, environmental, or natural resources exposure to earlier releases.” Based on US EPA’s analysis of TRW Microwave site data, the US EPA provided eight steps which “should be taken by the Prospective Purchaser during its ownership with respect to the contamination at the Property.” These included,
When Gjovik requested FOIA documents from US EPA about their discussion with Apple about Gjovik’s office following Gjovik’s disclosures, an internal EPA email chain about Apple’s activities at the building included a copy of this document with items #5 and #6 highlighted by US EPA – as well as several other emails/documents discussing Apple and CERCLA obligations.
Under information and belief, CalSTRS did share this letter and these requirements with Apple upon taking ownership of the property and the leasehold with Apple. Even if CalSTRS did not, Apple’s head of Government Affairs, Lisa Jackson, was a prior US EPA administrator, who also spent years managing Superfund sites – and Apple’s General Counsel, Katherine Adams, was a trial attorney for the United States Department of Justice’s Environment and Natural Resources division prior to overseeing CERCLA and RCRA compliance for 14 years as Honeywell (“a notorious polluter, and carried the largest Superfund liability of any corporation in the country”). Apple fully understood its CERCLA obligations.
23.Under information and belief, Apple’s penetration of the slab and botched HVAC renovations in 2015 were never disclosed to CalSTRS, a state government agency, thus defrauding the California government.
As of 2019, despite decades of clean-up efforts, the TCE concentrations in the shallow A-Zone of the TRW Microwave plume were “either stable or show no trend” and pollution levels “remain elevated above the [Record of Decision] cleanup levels.” Northrop Grumman’s qualification of the site continued to explain: “The Triple Site Plume is a commingled plume, and multiple source areas have been identified. The former TRW Site is one.” Northrop Grumman warned that “due to inherent geologic complexities, restoration [of the Triple Site/TRW Microwave plume] within the next 50-100 years is likely not achievable.”
In 2019, the US EPA and US Army Corp of Engineers warned that TCE concentrations in the outdoor air of the Triple Site have been increasing and exceeding health and safety thresholds. In 2018 and 2019, TCE levels of up to 3.6 µg/m³ were identified in the outdoor air. (Note: 3 µg/m of TCE in indoor air from vapor intrusion is unacceptable for commercial buildings). Exhibit: TCE in the Outdoor Air of the Triple Site, 2019
In 2020, Northrop Grumman described the Triple Site and TRW Microwave site to the US EPA saying,
“The Triple Site plume in the Santa Clara Valley represents a classic example of a ‘complex contaminated groundwater’ site” …. Despite more than three decades of intense characterization and remediation efforts, including nearly four decades of groundwater pump and treat system operation from multiple locations across the plume since 1982, significant uncertainties remain regarding subsurface fluid flow, plume containment, and restoration timeframes. Remedy performance has lagged far behind expectations.”
The contaminant of concern at the Triple Site as a problem. Trichloroethylene is heavier than air and may cause asphyxiation in poorly ventilated or enclosed spaces. Trichloroethylene can produce CNS effects including headache, dizziness, lack of coordination, stupor, and coma. Respiratory depression or cardiac dysrhythmia from high-level exposures can result in death. Other effects of acute exposure include hypotension, nausea, vomiting, and diarrhea. There is no antidote for trichloroethylene poisoning. There is strong evidence that trichloroethylene can cause kidney cancer in people and some evidence for trichloroethylene-induced liver cancer and malignant lymphoma.[4] The Department of Health and Human Services (DHHS) considers trichloroethylene to be a known human carcinogen. The International Agency for Research on Cancer (IARC) classified trichloroethylene as carcinogenic to humans. The EPA has characterized trichloroethylene as carcinogenic to humans by all routes of exposure.
As of the January 8 2021 “FYR Issues and Recommendations Report” for TRW Microwave, the US EPA noted as an issue: “outdoor air TCE levels have shown a generally upward trend over time since regular sampling commended in January 2015.” As a recommendation it noted: “Investigate contributions to outdoor air TCE levels from fugitive emissions from the groundwater treatment system and emissions from the vapor intrusion mitigation systems.” There was no status noted but an ETA was set for September 1 2022.
Solvent vapors from groundwater plumes or soil contamination can make their way through soil and enter homes through cracks in the foundation, utility lines, and drains. This process is termed vapor intrusion. Residents can be exposed to solvents by breathing indoor air contaminated with vapors. CERCLA sites already have strict liability for the hazardous waste contamination.CERCLA imposes strict liability for environmental contamination upon, among others, the owner and operator of a facility – which in this case is Northrop Grumman and Apple, respectively.
The status of a property as a Superfund site has been a factor in deciding if an activity is ultrahazardous.The ‘storage’ of hazardous waste in open pits is a ultrahazardous activity. Courts have found that "mercury and other toxic wastes are `abnormally dangerous,' and the disposal of them past or present, is an abnormally dangerous activity." There have been similar findings for processing and disposal of radium, especially when processed and disposed of in an urban area, which was described as “particularly inappropriate.”
On November 12 2020, Northrop Grumman conducted the first sub-slab ventilation vent inspection on the roof of 825 Stewart Drive. Northrop Grumman would have seen that Apple sawed down the vents from 3 feet to 1 foot and installed the HVAC intake on top of the vents in the section of the building where Gjovik sat. Northrop Grumman did not submit a report of their findings until demanded by the EPA in May 2021, and even then, did not mention these issues.
On July 26 2021, the US EPA’s CERCLA QA team reviewed Northrop Grumman’s report about the sub-slab vents on the roof of 825 Stewart Drive. The vapor intrusion expert reviewed the report seeing the Main building (where Gjovik sat) SSD vents were sawed down to one foot and were exhausting the Superfund pollutants near the HVAC intake. The QA lead, Mathew Plate, wrote that it was “not appropriate.”
On July 26 2021, the US EPA notified Northrop Grumman they wanted to inspect Gjovik’s office at 825 Stewart Drive for vapor intrusion risk. US EPA told Northrop Grumman they wanted to inspect the sub-slab ventilation system, the building’s concrete slab and cracks, any concrete slab penetrations, past indoor air sampling locations, and some additional topics.
Under information and belief, Northrop Grumman notified Apple that day. Northrop Grumman’s emails to US EPA on July 28 2021 noted they were “still waiting” on confirmation from Apple. Under information and belief, US EPA and Apple conspired to hide the fact that there was even an inspection from Gjovik indefinitely.
In early August, Apple would also attempt to coerce the US EPA to sign a four-page, single-spaced Non-Disclosure Agreement that would prohibit the US EPA from making public statements about its compliance and enforcement activities against Apple, among other restrictions. The US EPA declined to sign Apple’s NDA.
On July 27 2021, Gjovik forwarded her emails with the US EPA to Lagares and Okpo and encouraged them to do the right thing and adding the emails to a “Work Place Safety” folder with the other evidence folders.
On July 30 2021, Gjovik posted on Apple Slack complaining about Apple’s misconduct, including retaliation, unsafe work conditions, and cover-ups:
On August 2 2021, Gjovik asked the US EPA what the status of her office was. She said Apple refused to answer anymore of her questions. She also noted she was talking to the New York Times. US EPA, Perez-Sullivan, responded August 3, 2021, thanking Gjovik for providing information) but failing to mention the inspection or HVAC issues). Perez-Sullivan also killed the New York Times story that day and reported her success in doing so to her manager.
Then, on August 2 2021, shortly after Gjovik said this, Apple suddenly announced it was sending an EH&S team to Gjovik’s office on August 4 2021. The notice said there will “be testing” in three conference rooms. Gjovik quickly texted Mike to see if he would be at the office before August 4 2021, so he could help gather evidence, but he said he did not think he would be there before August 4 2021. Gjovik also wrote “what does testing mean”?
Gjovik emailed US EPA on August 2 2021 and asked them what the status was of her complaints. Gjovik noted Appl was “doing some kind of maintenance work in the office on Wednesday.” EPA responded August 3 2021 saying again that EPA “take[s Gjovik’s] on-the-ground observations seriously.”
On August 3-4 2021, Gjovik asked other coworkers on her team who were onsite at the building, Simon and Eddie, to take photographs of the cracks in the floor as evidence, fearing Apple was attempting to cover-up the safety issues and Gjovik and her colleagues would never understand if they were exposed to chemicals in way that harmed their health. Gjovik messaged them: “Weird ask but if either of you are in [Stewart 1 office] today can you please try to take detailed pics of any cracks you see in the floor – the cement – EH&S is supposed to fix it tomorrow-ish I want evidence of what they looked like before they do.”
Gjovik’s coworkers responded they were in the office and asked her to point to “where the cracks are” so he “can take a pic.” They then sent a photo of a crack in the floor and asked, “Do you consider this a crack?” Gjovik responded, “Thank you. Yes, can you get closer up to see the depth please and note where in the building it is. I love you both. The deeper the crack the more likely we’re being slowly poisoned. I’ll forward you an email after my meetings. “
Gjovik’s coworker responded that he “did a quick walk and it’s all over the place.” He said he can “take pics” “but it is everywhere.” Gjovik responded,“If there’s any way to show depth like sticking clay in a deep one and showing how deep it is that would be amazing. It sounds like they’re trying to cover all this up as soon as tomorrow. This is me yelling about the cracks (email attachment). I think they’re sealing them tomorrow but refusing to test or capture them otherwise until they fix them.
Gjovik’s coworker responded with photos of cracks. Gjovik responded, "Thank you. Would you mind looking in front of Mike’s office and the concrete in front of the row where my desk is. I filed a worker’s comp complaint for fainting in Mike’s office and at my desk in 2019 now due to suspected chemical exposure.
Gjovik’s coworker responded “Well definitely some cracks in the floor. Also, a ton of floor (in all cubicle / office space) is all under carpet, so how do they know what is cracked under there?” Gjovik replied: “They said they weren’t going to look under the carpet because they’re smart and talented people and I should stop asking questions.” Gjovik informed Employee Relations of what they were doing and showed Okpo the photos. Gjovik complained she would not let them hide or destroy evidence.
On August 3 2021, Alisha Johnson (prior US EPA Press Secretary under Lisa Jackson, now reporting to Lisa Jackson at Apple) emailed US EPA Public Relations to suddenly begin organizing an event where the current head of the US EPA, Michael Regan, would come to Apple Park and do a “fireside chat” with Lisa Jackson on August 17, two days before the US EPA’s inspection of Gjovik’s Superfund office.
The same day Apple announced a new “joint commitment” about “protecting workers from chemical hazards.” The program claimed Apple committed to “protect workers” from chemical exposure, “build safety systems and culture around process chemical management,” and “avoid harmful substances.” The first round of highly prioritized chemicals to ensure workers have “zero exposure” to included NMP, Toluene, and TCE.
On August 3 2021, Margot Perez-Sullivan (US EPA) sent status to US EPA Public Relations saying the NYT reached out to her about Gjovik and Gjovik’s office asking if there is anything newsworthy happening at 825 Stewart Drive. Perez-Sullivan said she told the reporter, Jack Nichols, that the 2019 report on the office said the current remedy “is protective” and claimed the current US EPA Project Manager was “on vacation.” Perez-Sullivan wrote “Reporter indicated he would not write a story.”
On the morning of August 4, Simon notified Gjovik he was at the office again. He provided more data on the cracks and also noted “EH&S folks are here by the way. With so many devices. Nice job.” Gjovik asked him to take a photo of them too and say, “Ashley says hi.” He responded, “They are in the conf room next to Powers’ office. Very difficult to take pic.” Gjovik responded, “they’re legit hiding.”
A couple of hours later on August 4 2021, Apple suddenly put Gjovik on “indefinite administrative leave”. Gjovik was supposed to meet with Okpo to continue reviewing evidence files with him and discussing her concerns. Gjovik said she did not want to be on leave, but Apple said she did not have a choice. Gjovik said she wanted to still be able to talk to coworkers and gather evidence, and Apple said she was removed from the “workplace” and “all workplace interactions.” Gjovik was then left unable to coordinate with her coworkers to gather evidence, or to visit her office as planned to gather evidence in person the next day. Gjovik complained it was retaliation.
Under information and belief, after receiving notice from US EPA that they were going to inspect 825 Stewart Drive, and after having reviewed the extensive and meticulous evidence Gjovik gathered at 3255 Scott Blvd, and knowing Gjovik was about to be at 825 Stewart Drive to do the same -- Apple conspired to get to the office before Gjovik could, and also concurrently “remove Gjovik from the workplace” so she did not make a surprise visit, and “remove Gjovik from all workplace interactions” so no coworkers tipped Gjovik off as to what Apple was doing.
On August 9 2021, the US EPA sends travel approval requests to visit Gjovik’s office and the justification for the visit cites Gjovik’s disclosures. On August 9 2021, EPA emails complain Apple wants to know everywhere they want to go in Gjovik’s building, and that Apple is trying to the EPA to sign an NDA. US EPA refused to sign Apple’s NDA. Then, on August 11 2021, Apple EH&S emailed EPA claiming that “any information related to operations at the Site” from the August 19 2021 inspection, be considered Confidential Business Information.
Gjovik saw emails come in steadily while she was on leave about EH&S activities at the building. EH&S sent notices they would be on site for long periods of time: August 4, 6, 7, 8, 11, 13, 14, 15, 18, 19, 20, 21, 22, 27, 28, 29, and September 3, 4, 5. Gjovik heard that around this time the managers in Dan West’s organization were being instructed to avoid putting employee/labor things in writing due to how much evidence Gjovik was able to obtain.
On August 15 2021, Alisha Johnson (reporting to Lisa Jackson) sent US EPA Apple’s talking points about Apple’s environmental practices. Including: “We've achieved Zero Waste to Landfill certifications at all supplier final assembly facilities for core product lines. In fiscal year 2020, we diverted more than 70% of waste across Apple facilities including retail stores. We have active Zero Waste to Landfill goals for retail, corporate facilities and our supply chain.”
On August 16 2021, Apple emailed Gjovik and her coworkers about a “EH&S Walkthrough 8/18 8/19” at her Superfund office. The email included a map of the office created by EKI.
On August 16 2021, Gjovik also asked Okpo about her office. “Can you please also provide more details on my workplace safety concerns — the last I heard from EH&S (via [Employee Relations]) was that they weren’t going to answer any more of my questions and there was no ETA for any future updates. Do we know anything more? I’ve seen a lot of activity by EH&S at my building — and I also noticed they appear to have hired an enormous amount of vendors very recently. I’d love to learn more.”
On August 17 and 18 2021, US EPA administrator Michael Regan was at Apple Park meeting with Lisa Jackson. They filmed a “fireside chat” and did interviews with press. CNBC published an article on August 18 2021 based on an interview with Apple’s Lisa Jackson prior to the ‘fireside chat’ with Administrator Regan saying, “Jackson told CNBC…Apple has made sustainability a big part of its corporate brand…. Jackson added she expects to discuss mandatory SEC disclosures of carbon emissions [with Regan on August 18 2023].”
On August 19 2021, the US EPA conducted an onsite inspection of Gjovik’s Apple office due to Gjovik’s complaints to the US EPA about unsafe conditions at her office and possible CERCLA non-compliance. Apple did not tell Gjovik about the inspection. The US EPA’s justification for inspecting the office was:
Notes from the August 19 2021 site visit and inspection included the following statements, as documented in records released via FOIA to Gjovik in 2022:
On August 20 2021, Michael Schulman of the US EPA emailed his teammates saying he would avoid creating a paper trail of the inspection and interactions with Apple. He wrote, “I will not prepare a formal memo of the site visit. Anything I share with management will be verbal or in an email, and at the “site management level” regarding human health protectiveness and site management action items.”
On August 23 2021, EPA CERCLA Quality Assurance employee Mathew Plate submitted his own notes to Schulman, also released to Gjovik via FOIA, which included the following statements:
On August 29 2021, Gjovik filed a formal complaint to the US EPA about Apple and her office complaining of Apple’s “lack of due diligence,” about “negligence” and “recklessness,” and “violations of Right to Know & OSHA.” Gjovik complained, “Apple's response has been to misrepresent their activities and the site, intimidate me to not speak about workplace safety concerns related to the site, and have refused to notify the Federal EPA of changed circumstances at the site.”
On September 2-3 2021, numerous papers wrote about Gjovik’s charges against Apple. Bloomberg wrote about Gjovik’s NLRB, US Dept of Labor, California Dept of Labor, and EEOC charges against Apple. Bloomberg wrote,
On September 2 2021, Financial Times wrote about Gjovik:
On September 9 2021 at 2:08pm PST, Gjovik was contacted by Aleks Kagramanov, a “Workplace Violence and Threat Assessment” investigator demanding to speak with Gjovik on the phone “within the hour.” The email had no subject line and Gjovik had never heard of the team or person who reached out. The person claimed to be Employee Relations but said he was “looking into a sensitive Intellectual Property matter” and he wanted to speak with Gjovik about it. He said he wanted to talk as soon as possible, within this hour (so less than 52 minutes). He said he was sending her an iCal for a call but could reschedule as long as they meet that day. He said they “sincerely appreciate [her] prioritizing this call and being flexible.” He said Gjovik’s “cooperation and participation [are] imperative,” however he never said Gjovik was under investigation.
Gjovik promptly responded at 2:10 PM PST, two minutes later, saying that she was willing to participate, she wanted there to be a written record of their conversations. She said she will respond as quickly as she can. Kagramanov did not respond so Gjovik replied again.
Gjovik responded again at 2:27 PM PST complaining to the Workplace Violence interrogator of “witness intimidation the day before her affidavit” and telling him she forwarded his emails to her NLRB investigator.
Gjovik was posting screenshots of the conversation on Twitter in real time, along with her commentary and research discoveries about the team who contacted her. Gjovik posted on Twitter complaining of witness intimidation at 2:33 PM PST.
Gjovik forwarded Kagramanov’s emails to her NLRB investigator Alex Hadjuk at 2:26pm and 2:30pm PST, via her iCloud email address which Apple would have seen. Gjovik also notified Kagramanov directly she did so.
Kagramanov then responded at 2:50 PM, and said “we are investigating allegations that you improperly disclosed Apple confidential information” and claimed she refused to ‘participate’ in his farcical investigation. He did not explain what “participate in the discussion” meant. (Assumably he, and a bunch of lawyers and security goons, would meet her on the call, threaten to sue her, or threat to get charges filed against her for whoknowswhat, unless she signs some illegal waiver of claims and disappears). Kagramanov then said he was suspending all of Gjovik’s account access. Notably, he never gave Gjovik a warning that she had to talk on the phone as the only option, nor did he tell Gjovik she was under investigation until after he suspended her accounts.
Gjovik responded to Kagramanov at 3:07 PM re-iterating she wanted to participate. “As mentioned, I’m definitely willing to participate in your investigation. I only asked that the discussion be kept to email — I said nothing about not participating in the discussion at all.” Gjovik added: “I offered to help via email to ensure we have a documented [record] of our conversations considering everything that’s currently going on with my investigation and my complaints to the government.” “I would really like the opportunity to remedy any actual issues. Please let me know what the issues are so I can make a good faith attempt at that.”
Gjovik added in her 3:07 PM email reply to Kagramanov: “In the meantime, without any additional context or effort to communicate with me in email, this really does feel like intimidation and additional retaliation and I will consider it as such.” Gjovik still did not know what she was supposedly accused of.
Gjovik received a letter from her VP, Yannick Bertolus, terminating her employment a few hours later.
On October 7 2021, the US EPA sent a letter to Northrop Grumman with a report of the August 29 2021 inspection. The letter notes “the purpose of the [August 19 2021] site visit was for EPA to inspect the following … to assess the potential for vapor intrusion into the building,” including:
US EPA also requested a number of corrective actions from Northrop Grumman and Apple, including fixing the HVAC/vent situation (see exhibit), and locating/fixing several sub-slab vent ports inside the building (the same ones Gjovik had complained about).
On April 15 2022, Northrop Grumman submitted a report about the sub-slab ventilation vents on the roof saying Apple installed their HVAC “without consideration of the vents or their function.” Northrop Grumman wrote that the vents were in an “assumed sphere of influence of the HVAC intakes.”
The May 20 2022 letter also included a second attachment written by a third-party expert hired by US EPA to consult on the vapor intrusion control systems at 825 Stewart Drive. The memo warned that Apple’s tampering with the sub-slab vent system on the roof and placement of the HVAC intake next to the shortened vents “may result in concentrated effluents …to re-entrain into the building through intakes on the roof.”
Apple was notified of a serious concealed danger (the HVAC/TCE mess at 825 Stewart Dr) by Northrop Grumman likely at some point between November 2020 and May 2021, and then by US EPA on July 27 2021. Apple’s response to learning to that notification was to not tell employees, and to remove Gjovik from the workplace and all workplace interactions and conspire and attempt to conceal the issue from Gjovik for nearly a year.
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The US EPA notes that the “rupture [of] an engineering cap” is a “compromise [to] the integrity of a response action for that site.” US EPA explains that vapor intrusion “primarily enter[s] through openings in the building foundation” through “cracks in the concrete slab.” The US EPA explains that when there are cracks in the slab, “vapors resulting from the volatilization of contaminants in soil may be transported into indoor spaces,” and “inhalation of these vapors by indoor workers may be an important exposure pathway.”
When Apple told Gjovik there were cracks in the concrete floor (the “slab”) at her office, Gjovik told Apple they needed to report the issues to the US EPA, but Apple told her they do not need to tell the US EPA. Gjovik asked Apple to test the air before they fix the cracks, but Apple said they intentionally will not test the air until after they fix the cracks. Gjovik told Apple the cracks were “changed circumstances” at the federally overseen CERCLA site, and that Apple must consult with the US EPA about the cracks and Apple’s plan to fix the cracks, including their air testing work plan. Apple once again told Gjovik that they were right, she was wrong, and she should not talk to anyone else about her concerns. Apple told Gjovik it was fine because they said so, and she should not tell anyone else about her concerns, but Gjovik refused and instead reported Apple’s violations to her coworkers, the government, and the press. Apple fired Gjovik because she did so.
Many environmental crimes involve deception, both before the offense is committed and then later, when the defendant tries to cover his tracks. Here, Apple attempted and did prevent Gjovik from gathering evidence of the cracks in the floor of her office prior to them re-sealing the cracks, by “removing her from the workplace and all workplace interactions.” Apple tried to intimidate Gjovik not to report Apple’s apparent CERCLA non-compliance. Apple tried to interrogate Gjovik the day before a federal affidavit and fired her hours after she reported “witness intimidation.”
At Gjovik’s office in July and August 2021, Gjovik organized with coworkers about gathering at least photographic evidence of the cracked Superfund floor and they did gather photos of the cracks before Apple could repair them. Gjovik talked with coworkers about doing their own indoor air testing. Gjovik shared information with the US EPA, planned to conduct her own sorbent tube testing, and Gjovik’s disclosures about the cracks led to an onsite inspection of the office which found issues. Gjovik was swiftly ‘removed from the workplace and all workplace interactions’ following the photography, talk of her own testing, and prior to the inspection.
Gjovik complained of fraud with the cracks in floor at her Superfund office because Apple was supposed to report a “change of circumstance” to the US EPA and work with US EPA oversight to evaluate and fix a compromised mitigation system. Gjovik was concerned that Apple’s standard operating procedure seemed to be lawlessness, which is the opposite of how they claim they operate.
Apple’s actions related to the HVAC and sub-slab ventilation systems at 825 Stewart, and failure to install exhaust monitoring and abatement systems at 3250 Scott Blvd, likely violated 42 US Code 7413(c)(1) by constructing new sources and modifying existing sources, failing to comply with design and work practices, and emitting hazardous pollutants in violation of NESHAP. It is a criminal violation of 42 US Code 7413(c)(2)(C) to fail to install monitoring devices required by the Clean Air Act.
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Quoted from Ashley's federal civil lawsuit complaint and Dept of Labor OALJ complaints:
One of the sites is the “TRW Microwave” Superfund site (EPA ID CAD009159088) which is a former industrial semiconductor fabrication and manufacturing facility at 825 Stewart Drive.[5] The primary contaminants in the TRW Microwave groundwater contamination plume are chlorinated volatile organic compounds including trichloroethene (TCE), and its daughter products cis-1,2-dichloroethene and vinyl chloride. There are 10 Contaminants of Concern in total. The Responsible parties for 825 Stewart Drive have been cited numerous times by the city, state, and federal government for violations at the TRW Microwave Superfund site. This includes 1984 & 1989 state orders, a 1991 state and US EPA Record of Decision, a 2014 warning and agency transfer, a 2014-15 Notice of Deficiency, and a 2019 Settlement between the parties and the U.S. EPA.
The first groundwater investigation at 825 Stewart Drive occurred in 1983 in response to state EPA inquiries and a state clean up order was issued in 1984 (Order No. 91-103). The TRW Microwave site at 825 Stewart Drive was proposed for the National Priorities List on June 24 1988, officially included on February 21 1990, and a Record of Decision was issued in September 11 1991. In 2002, TRW merged with Northrop Grumman and changed its name to Northrop Grumman Space & Mission Systems Corp. The building at 825 Stewart Drive was unoccupied from January 2001 through October 2015, when Apple moved Gjovik’s team into the building.
The site has numerous hydro-stratigraphic units within four plume zones. The shallowest zone (Zone A) is only 2.6 feet to 9.4 feet below the ground surface and as of 2021, TCE concentrations were up to 95 μg/L and vinyl chloride up to 27 μg/L. The second shallowed zone (Zone B1) is 22 feet to 46 feet below ground surface, and as of 2021, had concentrations of TCE up to 1,400 μg/L and vinyl chloride up to 51 μg/L. Northrop Grumman conducted an initial vapor intrusion evaluation at the TRW Microwave site in 2004, which indicated that TCE concentrations in indoor air present an inhalation risk exceeding acceptable health and safety levels.
The US EPA determined in 2015 that the conditions at the Triple Site may constitute an imminent and substantial endangerment to the public health or welfare.
In 2013 and 2014, the city of Sunnyvale received nuisance complaints about 825 Stewart Drive, including complaints about graffiti on the abandoned building (i.e., “PCP”, “I LIKE TO F[***] THE HOMELESS”, etc.) as well as people using the building’s bike locker “as an outhouse.” (#2013-0228).[16] The city then issued additional warnings in 2014 citing Nuisance under Sunnyvale Municipal Code 9.26.030 (#2014-1970) for overgrown foliage.
In May 2014, Oaktree Capital and Hines purchased 825 Stewart Drive (with the 14-year+ vacant, abandoned, TCE-filled office building), for $12 Million. (At this time Oaktree Capital’s Robert Denham was on the Chevron board with Ronald Sugar, who had left Northrop Grumman only four years prior but still remained an “Advisor” for the arms dealer). Under information and belief, Ronald Sugar brokered the sale of 825 Stewart Drive to Oaktree Capital and the lease of 825 Stewart Drive to Apple, exploiting his position on the Chevron and Apple Boards, and in the interests of Northrop Grumman Corporation, and for his personal interest. Sugar has allegiance to Northrop Grumman through his longtime position as chief executive, and through large active stock holdings, but Sugar also has personal ties to the site to this location through TRW, and it’s entirely possible Sugar was involved with matters related to the pollution, clean-up, and legal matters related to 825 Stewart Drive while he worked at TRW Microwave. Sugar may want to limit Northrop Grumman’s financial and public relations exposure to the dangers at the site, and/or his own interests, by having “friendly” owners and tenants.
In May 2015, Northrop Grumman completed the installation of a “sub-slab” ventilation system (“SSV”) inside the building. (The “slab” refers to the concrete foundation, and “sub-slab” is under the “slab.”) Northrop Grumman installed a ventilation system (horizontal “collection pipes”) beneath the slab foundation, which allow vapors to move laterally, and connected the collection pipes to vertical vent risers that vent to the roof, in order to provide a preferred pathway for hazardous waste vapors “that allow sub-slab contaminant vapors to discharge to the atmosphere.” The risers vent to the rooftop via wind-powered turbines at the vent termination point. This type of mitigation system is referred to as “passive” (compared to “active” and “depressurization”) and is not as effective as other options and not ideal when there’s known vapor intrusion occurring. Northrop Grumman left multiple “sub-slab monitoring ports” inside, which allowed access to the “collection pipes” from above ground for diagnostic testing and sample collection. Northrop Grumman then hired a professional engineer to inspect and certify the sealing of the floor cracks and conduits at 825 Stewart Drive. (the slab is the primary mitigation to prevent vapor intrusion in this building).
In the second half of 2015, Apple also then renovated the building. Apple’s installation of the HVAC system for the building in late 2015 included Apple sawing the sub-slab vent stacks, on the main building roof, down from three feet to one foot, and then installing the HVAC intake in close proximity to the sub-slab vapor exhaust vents, and low to the ground where the vapors would be pooling on the roof, nearly guaranteeing re-entrainment of the hazardous waste vapors into the HVAC system. Apple also installed tall ‘fencing’ around all of this, which prevented the wind from moving the pooling air away from the HVAC intake vents, and preventing the wind from spinning the vent turbines. Apple’s activities introduced a significant risk for re-entrainment of the effluent vapors into the building.
The industry standard for stack design is to ensure the stacks place the vent at least 10 feet above the rooftop. The National Fire Protection Association specifies minimum stack height of 10 ft to protect rooftop workers. For laboratory exhaust, the American Industrial Hygiene Association recommends minimum stack height of 10 feet above adjacent roof line, and stack height extending one stack diameter above any screen. (Compare to Apple’s 1 foot). Exhibit: Exhaust Diagram from ASHRAE Handbook
Apple penetrated the slab (concrete floor) of the building at 825 Stewart Drive in late 2015. US EPA records note that “tenant improvements performed in late 2015… included… penetration and subsequent re-sealing of the concrete slab for installation of additional piping and utilities.”[27] Apple claims only AECOM inspected the floor prior to penetration and after sealing.[28] Under information and belief, Apple never engaged an independent professional engineer for inspection and certification as Northrop Grumman did in May 2015.
In May 2015, vapor intrusion testing at 825 Stewart Drive showed indoor air pollution of Trichloroethylene (TCE), 1,2-Dichloroethene (1,2-DCE), Toluene, Chloroform, Methylene Chloride, and Ethylbenzene. The testing also showed outdoor air contamination on the roof, possibly coming through the sub-slab vents. The rooftop air pollution included TCE, 1,2-DCE, Chloroform, and Xylenes.[29]
Apple (not Northrop Grumman) managed, signed off on, and submitted the report to the US EPA for the December 2015 vapor intrusion testing at 825 Stewart Drive. The vapor intrusion testing report cover page says “prepared for Apple Inc.” by AECOM. Apple’s December 2015 vapor intrusion testing results showed an increase in sub-slab and indoor air pollution compared to the May 2015 results.[31] For instance, while the highest indoor air TCE reading in May 2015 was 0.58 µg/m³, the highest indoor air TCE reading in December 2015 was 1.2 µg/m³ (double). Another example, in the May 2015 test results, no indoor air results exceeded US EPA or California DTSC HERO limits; the December 2015 results, however, included results for Ethylbenzene which exceeded both US EPA and DTSC HERO limits.[32] Even Apple’s report noted a “noticeable increase” of TCE, PCE, and chloroform in the sub-slat venting system.
Apple submitted the test result report to US EPA in February 2016. The report noted a number of issues that occurred during testing including inability to turn the HVAC off in one area of the building, unexpected construction work during the testing, moving an indoor air testing location to a different area not in a “secure” lockdown (implying Apple already had employees working in the building), and testing unplanned sub-slab monitoring ports (which are directly connected to the vapor intrusion ventilation system) because the two indoor planned that were planned to be tested were “compromised” (SS-7) and “could not be located” (SS-11).
Both rounds of resting in 2015 were for only ten hours. Indoor air sampling for vapor intrusion contaminants is usually conducted for a duration of 24 hours, and eight hours is the bare minimum and requires proper justification. On March 2 2016, the US EPA “approved” Apple’s December 2015 test results, however, the US EPA actually re-approved the May 2015 results and did not respond to the December 2015 testing. In 2016, US EPA (Melanie Morash) wrote about the December 2015 results in her approval letter: “of the five indoor air samples collected, the highest level of trichloroethene (TCE) detected was 0.58 micrograms per cubic meter (ug/m³).” [However, this was the May 2015 data].
Under information and belief, if the US EPA had reviewed the December 2015 test results, they may not have approved the results and/or may have said the building was not safe for occupation by workers. In the alternative, US EPA did review the December 2015 report but instead of denying it, they intentionally repeated the May 2015 results as a favor to Apple.
Apple’s February 2016 report stated that “if building conditions change in the future where the sub-slab foundation is affected and/or other VI conduits are created, then an additional monitoring event will be performed utilizing the same sampling methodology.” Apple’s methodology for the 2015 testing included using 6-liter Summa canisters configured for a ten hour sample and TO-15 panel, and collecting multiple indoor air samples, multiple sub-slab port samples, and rooftop outdoor air samples. [Gjovik and Apple would fight about this later, with Apple insisting on using inferior week-long passive sorbent-based testing in 2021, after notifying Gjovik that the slab was compromised, and Gjovik insisting Apple align with the prior workplan and also notify US EPA, but Apple refusing. Later, the US EPA would order Apple to essentially do what Gjovik said.]
In 2016, Oaktree Capital and Hines sold 825 Stewart Drive to CalSTRS via GI Partners while Apple was a tenant. The US EPA transmitted a letter to CalSTRS/GI Partners instructing them about their obligations under CERCLA. The letter stated: “The new Prospective Purchaser and any tenants will cooperate with EPA and Northrop by providing reasonable access to the Property for operations maintenance and monitoring of the indoor air and vapor intrusion control systems, groundwater monitoring, as well as any other current and future remedial activities, monitoring and implementation of institutional controls.”
The US EPA letter explained that in order for the new owner to qualify as a Bonafide Prospective Purchaser (BFPP) under CERCLA, they “must take reasonable steps" with respect to stopping continuing releases, preventing threatened future releases, and preventing or limiting human, environmental, or natural resources exposure to earlier releases.” Based on US EPA’s analysis of TRW Microwave site data, the US EPA provided eight steps which “should be taken by the Prospective Purchaser during its ownership with respect to the contamination at the Property.” These included,
- “2. Cooperation by providing reasonable access to the Property to EPA… for operation, maintenance and monitoring of the vapor intrusion mitigation system,”
- “5. A prohibition on building construction, renovation or other modification activities that may affect the integrity of the concrete slab or affect the integrity of the sub-slab vapor mitigation system, without the prior approval of EPA,”
- “6. Where prior approval is required in Step #5 above, submit to EPA for review and approval a plan, and then implement such plan, to mitigate any potential preferential pathways for subsurface vapors to enter into the building as a result of such afore-referenced activities, and make any repairs necessary to ensure continued effective operation of the sub-slab vapor mitigation system,”
- “8. Cooperation with implementation of institutional controls at the Property to the extent required by EPA.”
When Gjovik requested FOIA documents from US EPA about their discussion with Apple about Gjovik’s office following Gjovik’s disclosures, an internal EPA email chain about Apple’s activities at the building included a copy of this document with items #5 and #6 highlighted by US EPA – as well as several other emails/documents discussing Apple and CERCLA obligations.
Under information and belief, CalSTRS did share this letter and these requirements with Apple upon taking ownership of the property and the leasehold with Apple. Even if CalSTRS did not, Apple’s head of Government Affairs, Lisa Jackson, was a prior US EPA administrator, who also spent years managing Superfund sites – and Apple’s General Counsel, Katherine Adams, was a trial attorney for the United States Department of Justice’s Environment and Natural Resources division prior to overseeing CERCLA and RCRA compliance for 14 years as Honeywell (“a notorious polluter, and carried the largest Superfund liability of any corporation in the country”). Apple fully understood its CERCLA obligations.
23.Under information and belief, Apple’s penetration of the slab and botched HVAC renovations in 2015 were never disclosed to CalSTRS, a state government agency, thus defrauding the California government.
As of 2019, despite decades of clean-up efforts, the TCE concentrations in the shallow A-Zone of the TRW Microwave plume were “either stable or show no trend” and pollution levels “remain elevated above the [Record of Decision] cleanup levels.” Northrop Grumman’s qualification of the site continued to explain: “The Triple Site Plume is a commingled plume, and multiple source areas have been identified. The former TRW Site is one.” Northrop Grumman warned that “due to inherent geologic complexities, restoration [of the Triple Site/TRW Microwave plume] within the next 50-100 years is likely not achievable.”
In 2019, the US EPA and US Army Corp of Engineers warned that TCE concentrations in the outdoor air of the Triple Site have been increasing and exceeding health and safety thresholds. In 2018 and 2019, TCE levels of up to 3.6 µg/m³ were identified in the outdoor air. (Note: 3 µg/m of TCE in indoor air from vapor intrusion is unacceptable for commercial buildings). Exhibit: TCE in the Outdoor Air of the Triple Site, 2019
In 2020, Northrop Grumman described the Triple Site and TRW Microwave site to the US EPA saying,
“The Triple Site plume in the Santa Clara Valley represents a classic example of a ‘complex contaminated groundwater’ site” …. Despite more than three decades of intense characterization and remediation efforts, including nearly four decades of groundwater pump and treat system operation from multiple locations across the plume since 1982, significant uncertainties remain regarding subsurface fluid flow, plume containment, and restoration timeframes. Remedy performance has lagged far behind expectations.”
The contaminant of concern at the Triple Site as a problem. Trichloroethylene is heavier than air and may cause asphyxiation in poorly ventilated or enclosed spaces. Trichloroethylene can produce CNS effects including headache, dizziness, lack of coordination, stupor, and coma. Respiratory depression or cardiac dysrhythmia from high-level exposures can result in death. Other effects of acute exposure include hypotension, nausea, vomiting, and diarrhea. There is no antidote for trichloroethylene poisoning. There is strong evidence that trichloroethylene can cause kidney cancer in people and some evidence for trichloroethylene-induced liver cancer and malignant lymphoma.[4] The Department of Health and Human Services (DHHS) considers trichloroethylene to be a known human carcinogen. The International Agency for Research on Cancer (IARC) classified trichloroethylene as carcinogenic to humans. The EPA has characterized trichloroethylene as carcinogenic to humans by all routes of exposure.
As of the January 8 2021 “FYR Issues and Recommendations Report” for TRW Microwave, the US EPA noted as an issue: “outdoor air TCE levels have shown a generally upward trend over time since regular sampling commended in January 2015.” As a recommendation it noted: “Investigate contributions to outdoor air TCE levels from fugitive emissions from the groundwater treatment system and emissions from the vapor intrusion mitigation systems.” There was no status noted but an ETA was set for September 1 2022.
Solvent vapors from groundwater plumes or soil contamination can make their way through soil and enter homes through cracks in the foundation, utility lines, and drains. This process is termed vapor intrusion. Residents can be exposed to solvents by breathing indoor air contaminated with vapors. CERCLA sites already have strict liability for the hazardous waste contamination.CERCLA imposes strict liability for environmental contamination upon, among others, the owner and operator of a facility – which in this case is Northrop Grumman and Apple, respectively.
The status of a property as a Superfund site has been a factor in deciding if an activity is ultrahazardous.The ‘storage’ of hazardous waste in open pits is a ultrahazardous activity. Courts have found that "mercury and other toxic wastes are `abnormally dangerous,' and the disposal of them past or present, is an abnormally dangerous activity." There have been similar findings for processing and disposal of radium, especially when processed and disposed of in an urban area, which was described as “particularly inappropriate.”
On November 12 2020, Northrop Grumman conducted the first sub-slab ventilation vent inspection on the roof of 825 Stewart Drive. Northrop Grumman would have seen that Apple sawed down the vents from 3 feet to 1 foot and installed the HVAC intake on top of the vents in the section of the building where Gjovik sat. Northrop Grumman did not submit a report of their findings until demanded by the EPA in May 2021, and even then, did not mention these issues.
On July 26 2021, the US EPA’s CERCLA QA team reviewed Northrop Grumman’s report about the sub-slab vents on the roof of 825 Stewart Drive. The vapor intrusion expert reviewed the report seeing the Main building (where Gjovik sat) SSD vents were sawed down to one foot and were exhausting the Superfund pollutants near the HVAC intake. The QA lead, Mathew Plate, wrote that it was “not appropriate.”
On July 26 2021, the US EPA notified Northrop Grumman they wanted to inspect Gjovik’s office at 825 Stewart Drive for vapor intrusion risk. US EPA told Northrop Grumman they wanted to inspect the sub-slab ventilation system, the building’s concrete slab and cracks, any concrete slab penetrations, past indoor air sampling locations, and some additional topics.
Under information and belief, Northrop Grumman notified Apple that day. Northrop Grumman’s emails to US EPA on July 28 2021 noted they were “still waiting” on confirmation from Apple. Under information and belief, US EPA and Apple conspired to hide the fact that there was even an inspection from Gjovik indefinitely.
In early August, Apple would also attempt to coerce the US EPA to sign a four-page, single-spaced Non-Disclosure Agreement that would prohibit the US EPA from making public statements about its compliance and enforcement activities against Apple, among other restrictions. The US EPA declined to sign Apple’s NDA.
On July 27 2021, Gjovik forwarded her emails with the US EPA to Lagares and Okpo and encouraged them to do the right thing and adding the emails to a “Work Place Safety” folder with the other evidence folders.
On July 30 2021, Gjovik posted on Apple Slack complaining about Apple’s misconduct, including retaliation, unsafe work conditions, and cover-ups:
- I have been raising concerns about an unsafe work environment. I have very good reason to believe I’ve been exposed to uncontrolled industrial chemicals. I’ve been complaining for months. ER has partnered with EH&S to dodge my questions and arguably misrepresent what’s happening. I had to resort to getting the U.S. EPA & California OSHA involved. Guess what Employee Relations recommended? Submit a medical accommodation request through Sedgwick to request remote work so I’m not exposed to the industrial chemicals. Guess what the request form asked for? Me to release a very large scope of medical records directly to Apple Inc and have my doctor fill out a detailed form explaining why exposure to uncontrolled industrial chemicals, possibly at toxic levels, is bad for my health and even referenced a worker’s comp form I filled out for a fainting spell in my office in 2019, directly referencing vapor intrusion in my active Superfund office. Then what did Sedgwick do? Send me another detailed form for my doctor to fill out asking for more details about my health and also things like, what if we get you an air purifier by your desk? (Yes, an air filter, to mitigate the levels of TCE known to be in the air at my desk above max industrial levels even less than ten years ago). What happens when I complain to employee relations again that I have to fill out paperwork to not get poisoned? Literally Nothing.”
On August 2 2021, Gjovik asked the US EPA what the status of her office was. She said Apple refused to answer anymore of her questions. She also noted she was talking to the New York Times. US EPA, Perez-Sullivan, responded August 3, 2021, thanking Gjovik for providing information) but failing to mention the inspection or HVAC issues). Perez-Sullivan also killed the New York Times story that day and reported her success in doing so to her manager.
Then, on August 2 2021, shortly after Gjovik said this, Apple suddenly announced it was sending an EH&S team to Gjovik’s office on August 4 2021. The notice said there will “be testing” in three conference rooms. Gjovik quickly texted Mike to see if he would be at the office before August 4 2021, so he could help gather evidence, but he said he did not think he would be there before August 4 2021. Gjovik also wrote “what does testing mean”?
Gjovik emailed US EPA on August 2 2021 and asked them what the status was of her complaints. Gjovik noted Appl was “doing some kind of maintenance work in the office on Wednesday.” EPA responded August 3 2021 saying again that EPA “take[s Gjovik’s] on-the-ground observations seriously.”
On August 3-4 2021, Gjovik asked other coworkers on her team who were onsite at the building, Simon and Eddie, to take photographs of the cracks in the floor as evidence, fearing Apple was attempting to cover-up the safety issues and Gjovik and her colleagues would never understand if they were exposed to chemicals in way that harmed their health. Gjovik messaged them: “Weird ask but if either of you are in [Stewart 1 office] today can you please try to take detailed pics of any cracks you see in the floor – the cement – EH&S is supposed to fix it tomorrow-ish I want evidence of what they looked like before they do.”
Gjovik’s coworkers responded they were in the office and asked her to point to “where the cracks are” so he “can take a pic.” They then sent a photo of a crack in the floor and asked, “Do you consider this a crack?” Gjovik responded, “Thank you. Yes, can you get closer up to see the depth please and note where in the building it is. I love you both. The deeper the crack the more likely we’re being slowly poisoned. I’ll forward you an email after my meetings. “
Gjovik’s coworker responded that he “did a quick walk and it’s all over the place.” He said he can “take pics” “but it is everywhere.” Gjovik responded,“If there’s any way to show depth like sticking clay in a deep one and showing how deep it is that would be amazing. It sounds like they’re trying to cover all this up as soon as tomorrow. This is me yelling about the cracks (email attachment). I think they’re sealing them tomorrow but refusing to test or capture them otherwise until they fix them.
Gjovik’s coworker responded with photos of cracks. Gjovik responded, "Thank you. Would you mind looking in front of Mike’s office and the concrete in front of the row where my desk is. I filed a worker’s comp complaint for fainting in Mike’s office and at my desk in 2019 now due to suspected chemical exposure.
Gjovik’s coworker responded “Well definitely some cracks in the floor. Also, a ton of floor (in all cubicle / office space) is all under carpet, so how do they know what is cracked under there?” Gjovik replied: “They said they weren’t going to look under the carpet because they’re smart and talented people and I should stop asking questions.” Gjovik informed Employee Relations of what they were doing and showed Okpo the photos. Gjovik complained she would not let them hide or destroy evidence.
On August 3 2021, Alisha Johnson (prior US EPA Press Secretary under Lisa Jackson, now reporting to Lisa Jackson at Apple) emailed US EPA Public Relations to suddenly begin organizing an event where the current head of the US EPA, Michael Regan, would come to Apple Park and do a “fireside chat” with Lisa Jackson on August 17, two days before the US EPA’s inspection of Gjovik’s Superfund office.
The same day Apple announced a new “joint commitment” about “protecting workers from chemical hazards.” The program claimed Apple committed to “protect workers” from chemical exposure, “build safety systems and culture around process chemical management,” and “avoid harmful substances.” The first round of highly prioritized chemicals to ensure workers have “zero exposure” to included NMP, Toluene, and TCE.
On August 3 2021, Margot Perez-Sullivan (US EPA) sent status to US EPA Public Relations saying the NYT reached out to her about Gjovik and Gjovik’s office asking if there is anything newsworthy happening at 825 Stewart Drive. Perez-Sullivan said she told the reporter, Jack Nichols, that the 2019 report on the office said the current remedy “is protective” and claimed the current US EPA Project Manager was “on vacation.” Perez-Sullivan wrote “Reporter indicated he would not write a story.”
On the morning of August 4, Simon notified Gjovik he was at the office again. He provided more data on the cracks and also noted “EH&S folks are here by the way. With so many devices. Nice job.” Gjovik asked him to take a photo of them too and say, “Ashley says hi.” He responded, “They are in the conf room next to Powers’ office. Very difficult to take pic.” Gjovik responded, “they’re legit hiding.”
A couple of hours later on August 4 2021, Apple suddenly put Gjovik on “indefinite administrative leave”. Gjovik was supposed to meet with Okpo to continue reviewing evidence files with him and discussing her concerns. Gjovik said she did not want to be on leave, but Apple said she did not have a choice. Gjovik said she wanted to still be able to talk to coworkers and gather evidence, and Apple said she was removed from the “workplace” and “all workplace interactions.” Gjovik was then left unable to coordinate with her coworkers to gather evidence, or to visit her office as planned to gather evidence in person the next day. Gjovik complained it was retaliation.
Under information and belief, after receiving notice from US EPA that they were going to inspect 825 Stewart Drive, and after having reviewed the extensive and meticulous evidence Gjovik gathered at 3255 Scott Blvd, and knowing Gjovik was about to be at 825 Stewart Drive to do the same -- Apple conspired to get to the office before Gjovik could, and also concurrently “remove Gjovik from the workplace” so she did not make a surprise visit, and “remove Gjovik from all workplace interactions” so no coworkers tipped Gjovik off as to what Apple was doing.
On August 9 2021, the US EPA sends travel approval requests to visit Gjovik’s office and the justification for the visit cites Gjovik’s disclosures. On August 9 2021, EPA emails complain Apple wants to know everywhere they want to go in Gjovik’s building, and that Apple is trying to the EPA to sign an NDA. US EPA refused to sign Apple’s NDA. Then, on August 11 2021, Apple EH&S emailed EPA claiming that “any information related to operations at the Site” from the August 19 2021 inspection, be considered Confidential Business Information.
Gjovik saw emails come in steadily while she was on leave about EH&S activities at the building. EH&S sent notices they would be on site for long periods of time: August 4, 6, 7, 8, 11, 13, 14, 15, 18, 19, 20, 21, 22, 27, 28, 29, and September 3, 4, 5. Gjovik heard that around this time the managers in Dan West’s organization were being instructed to avoid putting employee/labor things in writing due to how much evidence Gjovik was able to obtain.
On August 15 2021, Alisha Johnson (reporting to Lisa Jackson) sent US EPA Apple’s talking points about Apple’s environmental practices. Including: “We've achieved Zero Waste to Landfill certifications at all supplier final assembly facilities for core product lines. In fiscal year 2020, we diverted more than 70% of waste across Apple facilities including retail stores. We have active Zero Waste to Landfill goals for retail, corporate facilities and our supply chain.”
On August 16 2021, Apple emailed Gjovik and her coworkers about a “EH&S Walkthrough 8/18 8/19” at her Superfund office. The email included a map of the office created by EKI.
On August 16 2021, Gjovik also asked Okpo about her office. “Can you please also provide more details on my workplace safety concerns — the last I heard from EH&S (via [Employee Relations]) was that they weren’t going to answer any more of my questions and there was no ETA for any future updates. Do we know anything more? I’ve seen a lot of activity by EH&S at my building — and I also noticed they appear to have hired an enormous amount of vendors very recently. I’d love to learn more.”
On August 17 and 18 2021, US EPA administrator Michael Regan was at Apple Park meeting with Lisa Jackson. They filmed a “fireside chat” and did interviews with press. CNBC published an article on August 18 2021 based on an interview with Apple’s Lisa Jackson prior to the ‘fireside chat’ with Administrator Regan saying, “Jackson told CNBC…Apple has made sustainability a big part of its corporate brand…. Jackson added she expects to discuss mandatory SEC disclosures of carbon emissions [with Regan on August 18 2023].”
On August 19 2021, the US EPA conducted an onsite inspection of Gjovik’s Apple office due to Gjovik’s complaints to the US EPA about unsafe conditions at her office and possible CERCLA non-compliance. Apple did not tell Gjovik about the inspection. The US EPA’s justification for inspecting the office was:
- “A site visit to an Apple office building is necessary to conduct a visual inspection of the building’s vapor intrusion mitigation measures. An Apple employee recently contacted EPA and notified EPA that there were cracks in the building’s foundation. If true and cracks are significant, this could impact the effectiveness of the VI mitigation system the protectiveness of human health.”
Notes from the August 19 2021 site visit and inspection included the following statements, as documented in records released via FOIA to Gjovik in 2022:
- a.“Roof, West Bldg Vents are exactly 10’ from HVAC, just meeting code. Not great for VOCs bc venting into hvac. Would be better / need to extend 10’ high.”
- b.“Roof, East [Main] Bldg stack issues. Vents too close to chiller Cut too low.
- c.“SS-05 under carpet… Seems mislabeled… seal sub slat ports. Not abandoned properly.”
- d.“4 stacks need to be extended. Ok per code but not COCs. Main bldg is under chiller stack, not even sure how to extend.”
- e.“Crack inspection documentation”
- f.“Locate the indoor SS missing ports.”
On August 20 2021, Michael Schulman of the US EPA emailed his teammates saying he would avoid creating a paper trail of the inspection and interactions with Apple. He wrote, “I will not prepare a formal memo of the site visit. Anything I share with management will be verbal or in an email, and at the “site management level” regarding human health protectiveness and site management action items.”
On August 23 2021, EPA CERCLA Quality Assurance employee Mathew Plate submitted his own notes to Schulman, also released to Gjovik via FOIA, which included the following statements:
- a.“Sub slab sampling ports, left in place, have not been regularly sampled or maintained and several could not be located. It is recommended that these be located and maintained or decommissioned.”
- b.“Significant, visible slab cracks, gaps and penetrations had been sealed… However large test equipment is bolted to the slab and it is unclear if any of these installations penetrate the slab.”
- c.“SSD vents on the [West] roof are not significantly elevated above the roof (3 feet) and are sheltered from the wind…” SSD vents on the [Main] roof are under the building chiller plant piping and are within 12-feet of a ventilation system intake. There is not significant air flow near the SSD vent stacks and it is likely that the SSD vents are not functioning as intended and vapors could be building up on the roof near the HVAC intake.”
On August 29 2021, Gjovik filed a formal complaint to the US EPA about Apple and her office complaining of Apple’s “lack of due diligence,” about “negligence” and “recklessness,” and “violations of Right to Know & OSHA.” Gjovik complained, “Apple's response has been to misrepresent their activities and the site, intimidate me to not speak about workplace safety concerns related to the site, and have refused to notify the Federal EPA of changed circumstances at the site.”
On September 2-3 2021, numerous papers wrote about Gjovik’s charges against Apple. Bloomberg wrote about Gjovik’s NLRB, US Dept of Labor, California Dept of Labor, and EEOC charges against Apple. Bloomberg wrote,
- “Ashley Gjovik, a senior engineering program manager at Apple, said that she filed the Aug. 26 complaint, which cited harassment by a manager, a retaliatory investigation and forced paid administrative leave. Gjovik’s situation began with fears about whether pollution had made her office a dangerous place to work. She says she was then retaliated against for voicing the concerns. “I should be able to raise concerns about safety and public policy,” she said in an interview Thursday. Gjovik also has filed complaints with the Occupational Safety and Health Administration, California’s labor commissioner’s office and the Equal Employment Opportunity Commission, according to documents she provided. Gjovik said her goal is to bring light to systematic problems at Apple and try to improve policies. “I want to pierce the veil of intimidation and secrecy,” she said in the interview. “The employees are terrified to speak up about their concerns.”
On September 2 2021, Financial Times wrote about Gjovik:
- “Gjovik’s specific complaints against Apple date back to mid-March, when she cited unsafe working conditions related to “chemical exposure” at her Apple office in Sunnyvale, California, where more than 100 employees are based. Her office, known as “Stewart 1” within Apple, is located on what the Environmental Protection Agency refers to as the “TRW Microwave Superfund site”, a location requiring special oversight owing to previous contamination by hazardous waste materials in the soil and groundwater beneath the building. In 2016, Apple paid $450,000 to settle state claims that it mishandled hazardous electronic waste at facilities at their Cupertino headquarters and Sunnyvale. Gjovik said her concerns were brushed aside and she was warned against speaking up about them. In her letter to the NLRB, she said Apple’s employee relations department “intimidated me not to speak about my safety concerns”, that a manager advised she quit Apple and that she was subject to sexism and a “dramatically increased” workload. Matters escalated when she took her complaints to Apple’s Slack channels, specifically a 2,000-member forum for female software engineers. She said she was flooded with supportive comments and similar stories of workplace harassment — but she had since been banned from using Slack as part of her administrative leave.”
On September 9 2021 at 2:08pm PST, Gjovik was contacted by Aleks Kagramanov, a “Workplace Violence and Threat Assessment” investigator demanding to speak with Gjovik on the phone “within the hour.” The email had no subject line and Gjovik had never heard of the team or person who reached out. The person claimed to be Employee Relations but said he was “looking into a sensitive Intellectual Property matter” and he wanted to speak with Gjovik about it. He said he wanted to talk as soon as possible, within this hour (so less than 52 minutes). He said he was sending her an iCal for a call but could reschedule as long as they meet that day. He said they “sincerely appreciate [her] prioritizing this call and being flexible.” He said Gjovik’s “cooperation and participation [are] imperative,” however he never said Gjovik was under investigation.
Gjovik promptly responded at 2:10 PM PST, two minutes later, saying that she was willing to participate, she wanted there to be a written record of their conversations. She said she will respond as quickly as she can. Kagramanov did not respond so Gjovik replied again.
Gjovik responded again at 2:27 PM PST complaining to the Workplace Violence interrogator of “witness intimidation the day before her affidavit” and telling him she forwarded his emails to her NLRB investigator.
Gjovik was posting screenshots of the conversation on Twitter in real time, along with her commentary and research discoveries about the team who contacted her. Gjovik posted on Twitter complaining of witness intimidation at 2:33 PM PST.
Gjovik forwarded Kagramanov’s emails to her NLRB investigator Alex Hadjuk at 2:26pm and 2:30pm PST, via her iCloud email address which Apple would have seen. Gjovik also notified Kagramanov directly she did so.
Kagramanov then responded at 2:50 PM, and said “we are investigating allegations that you improperly disclosed Apple confidential information” and claimed she refused to ‘participate’ in his farcical investigation. He did not explain what “participate in the discussion” meant. (Assumably he, and a bunch of lawyers and security goons, would meet her on the call, threaten to sue her, or threat to get charges filed against her for whoknowswhat, unless she signs some illegal waiver of claims and disappears). Kagramanov then said he was suspending all of Gjovik’s account access. Notably, he never gave Gjovik a warning that she had to talk on the phone as the only option, nor did he tell Gjovik she was under investigation until after he suspended her accounts.
Gjovik responded to Kagramanov at 3:07 PM re-iterating she wanted to participate. “As mentioned, I’m definitely willing to participate in your investigation. I only asked that the discussion be kept to email — I said nothing about not participating in the discussion at all.” Gjovik added: “I offered to help via email to ensure we have a documented [record] of our conversations considering everything that’s currently going on with my investigation and my complaints to the government.” “I would really like the opportunity to remedy any actual issues. Please let me know what the issues are so I can make a good faith attempt at that.”
Gjovik added in her 3:07 PM email reply to Kagramanov: “In the meantime, without any additional context or effort to communicate with me in email, this really does feel like intimidation and additional retaliation and I will consider it as such.” Gjovik still did not know what she was supposedly accused of.
Gjovik received a letter from her VP, Yannick Bertolus, terminating her employment a few hours later.
On October 7 2021, the US EPA sent a letter to Northrop Grumman with a report of the August 29 2021 inspection. The letter notes “the purpose of the [August 19 2021] site visit was for EPA to inspect the following … to assess the potential for vapor intrusion into the building,” including:
- “The sub-slab depressurization (SSD) system that was installed underneath the three connected site buildings that passively vents soil gas vapors to the atmosphere.
- The building’s concrete slab and the April 2015 cracks that where sealed to prevent potential vapor intrusion. The building’s concrete slab and penetrations from pipes or seams.
- The previously installed soil gas sampling vapor ports.
- …The operation of the HVAC system and the HVAC air venting and intakes on the roof…
- A review of any post-2015 building modifications or changes to the buildings…”
US EPA also requested a number of corrective actions from Northrop Grumman and Apple, including fixing the HVAC/vent situation (see exhibit), and locating/fixing several sub-slab vent ports inside the building (the same ones Gjovik had complained about).
On April 15 2022, Northrop Grumman submitted a report about the sub-slab ventilation vents on the roof saying Apple installed their HVAC “without consideration of the vents or their function.” Northrop Grumman wrote that the vents were in an “assumed sphere of influence of the HVAC intakes.”
The May 20 2022 letter also included a second attachment written by a third-party expert hired by US EPA to consult on the vapor intrusion control systems at 825 Stewart Drive. The memo warned that Apple’s tampering with the sub-slab vent system on the roof and placement of the HVAC intake next to the shortened vents “may result in concentrated effluents …to re-entrain into the building through intakes on the roof.”
Apple was notified of a serious concealed danger (the HVAC/TCE mess at 825 Stewart Dr) by Northrop Grumman likely at some point between November 2020 and May 2021, and then by US EPA on July 27 2021. Apple’s response to learning to that notification was to not tell employees, and to remove Gjovik from the workplace and all workplace interactions and conspire and attempt to conceal the issue from Gjovik for nearly a year.
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The US EPA notes that the “rupture [of] an engineering cap” is a “compromise [to] the integrity of a response action for that site.” US EPA explains that vapor intrusion “primarily enter[s] through openings in the building foundation” through “cracks in the concrete slab.” The US EPA explains that when there are cracks in the slab, “vapors resulting from the volatilization of contaminants in soil may be transported into indoor spaces,” and “inhalation of these vapors by indoor workers may be an important exposure pathway.”
When Apple told Gjovik there were cracks in the concrete floor (the “slab”) at her office, Gjovik told Apple they needed to report the issues to the US EPA, but Apple told her they do not need to tell the US EPA. Gjovik asked Apple to test the air before they fix the cracks, but Apple said they intentionally will not test the air until after they fix the cracks. Gjovik told Apple the cracks were “changed circumstances” at the federally overseen CERCLA site, and that Apple must consult with the US EPA about the cracks and Apple’s plan to fix the cracks, including their air testing work plan. Apple once again told Gjovik that they were right, she was wrong, and she should not talk to anyone else about her concerns. Apple told Gjovik it was fine because they said so, and she should not tell anyone else about her concerns, but Gjovik refused and instead reported Apple’s violations to her coworkers, the government, and the press. Apple fired Gjovik because she did so.
Many environmental crimes involve deception, both before the offense is committed and then later, when the defendant tries to cover his tracks. Here, Apple attempted and did prevent Gjovik from gathering evidence of the cracks in the floor of her office prior to them re-sealing the cracks, by “removing her from the workplace and all workplace interactions.” Apple tried to intimidate Gjovik not to report Apple’s apparent CERCLA non-compliance. Apple tried to interrogate Gjovik the day before a federal affidavit and fired her hours after she reported “witness intimidation.”
At Gjovik’s office in July and August 2021, Gjovik organized with coworkers about gathering at least photographic evidence of the cracked Superfund floor and they did gather photos of the cracks before Apple could repair them. Gjovik talked with coworkers about doing their own indoor air testing. Gjovik shared information with the US EPA, planned to conduct her own sorbent tube testing, and Gjovik’s disclosures about the cracks led to an onsite inspection of the office which found issues. Gjovik was swiftly ‘removed from the workplace and all workplace interactions’ following the photography, talk of her own testing, and prior to the inspection.
Gjovik complained of fraud with the cracks in floor at her Superfund office because Apple was supposed to report a “change of circumstance” to the US EPA and work with US EPA oversight to evaluate and fix a compromised mitigation system. Gjovik was concerned that Apple’s standard operating procedure seemed to be lawlessness, which is the opposite of how they claim they operate.
Apple’s actions related to the HVAC and sub-slab ventilation systems at 825 Stewart, and failure to install exhaust monitoring and abatement systems at 3250 Scott Blvd, likely violated 42 US Code 7413(c)(1) by constructing new sources and modifying existing sources, failing to comply with design and work practices, and emitting hazardous pollutants in violation of NESHAP. It is a criminal violation of 42 US Code 7413(c)(2)(C) to fail to install monitoring devices required by the Clean Air Act.
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Quoted from Ashley's federal civil lawsuit complaint and Dept of Labor OALJ complaints:
- Read more including the 2021-current updates here: Second Amended Complaint (December 2023). Ashley Gjovik v Apple Inc, 3:23-CV-04597, US District Court, Northern District of California, SF Division
- Read more here: Complaint (January 2024), Ashley Gjovik v Apple Inc, 2024-CER-00001, US Department of Labor, Office of Administrative Law Judges
Images
Resources
TRW Microwave Superfund (825 Stewart Dr, Sunnyvale)
Existing Public Resources:
Overall:
Existing Public Resources:
- US EPA TRW Site Homepage: https://cumulis.epa.gov/supercpad/cursites/csitinfo.cfm?id=0901181
- US EPA TRW Docs: https://cumulis.epa.gov/supercpad/SiteProfiles/index.cfm?fuseaction=second.docdata&id=0901181
- US EPA Triple Site Homepage: https://cumulis.epa.gov/supercpad/cursites/csitinfo.cfm?id=0900265
- California Water Board TRW Site: https://geotracker.waterboards.ca.gov/profile_report?global_id=SL721251223
Overall:
Public Records Requests
FOIA Request: Nuclear Regulatory Commission (NRC-2022-000071)
FOIA Request: U.S. Environmental Protection Agency (EPA-R9-2022-002062)
FOIA Request: U.S. Environmental Protection Agency (EPA-R9-2022-002063)
FOIA Request: U.S. Environmental Protection Agency (EPA-R9-2022-002064)
FOIA Request: U.S. Environmental Protection Agency (EPA-R9-2022-006063)
FOIA Request: U.S. Environmental Protection Agency (EPA-2022-006433 & EPA-2022-006434)
FOIA Request: U.S. Environmental Protection Agency (EPA-R9-2023-000314)
FOIA Request: U.S. Environmental Protection Agency (EPA-R9-2023-000312)
FOIA Request: U.S. Environmental Protection Agency (EPA-R9-2023-000509)
FOIA Request: U.S. Environmental Protection Agency (EPA-R9-2023-001513)
FOIA Request: U.S. Environmental Protection Agency (EPA-R9-2023-001514)
FOIA Request: U.S. Environmental Protection Agency (EPA-R9-2023-001515)
FOIA Request: U.S. Environmental Protection Agency (EPA-R9-2023-002298)
FOIA Request: U.S. Environmental Protection Agency (EPA-R9-2023-002299)
FOIA Request: U.S. Environmental Protection Agency (EPA-2023-002361)
FOIA Request: U.S. Environmental Protection Agency (EPA-2023-002362)
FOIA Request: U.S. Environmental Protection Agency (EPA-R9-2023-003283)
FOIA Request: U.S. Environmental Protection Agency (EPA-R9-2023-004018)
PRA Request: SF Bay Area Water Boards (not posted online)
PRA Request: City of Sunnyvale, California (not posted online)
U.S. National Reconnoissance Office (Req 525791)
U.S. Central Intelligence Agency (link)
U.S. National Security Agency (link)
- Topic: "Radioactive material licensing records, registration of radioactive materials generally licensed devices, radioactive materials compliance records, inspection reports related to radioactive materials, any Radiation Health Unit records, and any other NRC files related to the location: 825 Stewart Drive, Sunnyvale, CA 94085 from January 1, 1963 to December 31, 2000."
- Submitted: 01/21/2022; Granted: 03/14/2022
FOIA Request: U.S. Environmental Protection Agency (EPA-R9-2022-002062)
- Topic: "any communications (letters, documents, emails, etc) between Apple Inc ( search per [email]@apple.com ) and the U.S. EPA from January 01 2021 through January 01 2022. If this request is too burdensome or too broad, please provide communications between Apple Inc ( [email]@apple.com ) and the EPA from January 01 2021 through January 01 2022 specifically about EPA Superfunds sites in California/Region 9."
- Submitted: 01/22/2022; Interim: 06/27/2022; Granted: 09/01/2022
FOIA Request: U.S. Environmental Protection Agency (EPA-R9-2022-002063)
- Topic: "copies of any communications (letters, documents, emails, etc) between Northrop Grumman and the U.S. EPA about the TRW Microwave (Building 825) Superfund site between January 1 2018 and January 1 2022."
- Submitted: 01/22/2022; Interim: 08/12/2022; Granted: 10/12/2022
FOIA Request: U.S. Environmental Protection Agency (EPA-R9-2022-002064)
- Topic: "copies of any communications or reports (emails, letters, documents, reports, etc) about the TRW Microwave Superfund site (EPA ID CAD009159088) from January 01 2020 to January 1 2022 in the EPA's possession."
- Submitted: 01/22/2022; Granted: pending
FOIA Request: U.S. Environmental Protection Agency (EPA-R9-2022-006063)
- Topic: delta from Jan 1 2022 - Aug 14 2022
- Submitted: 08/14/2022; Granted: pending
FOIA Request: U.S. Environmental Protection Agency (EPA-2022-006433 & EPA-2022-006434)
- Topic: Lisa Jackson/Apple & Michael Reagan (EPA admin)
- Submitted: 09/06/2022; Granted: 12/18/2022
FOIA Request: U.S. Environmental Protection Agency (EPA-R9-2023-000314)
- Topic: More about the office.
- Submitted: 10/14/2022; Granted: 11/16/2022
FOIA Request: U.S. Environmental Protection Agency (EPA-R9-2023-000312)
- Topic: Office & Independent UK
- Submitted: 10/14/2022; Granted: 12/07/2022
FOIA Request: U.S. Environmental Protection Agency (EPA-R9-2023-000509)
- Topic: Vapor intrusion testing plan for the office + emails
- Submitted: 10/26/2023; Granted: 4/21/2023
FOIA Request: U.S. Environmental Protection Agency (EPA-R9-2023-001513)
- Topic: Delta of records from Jan 1 2022 - Dec 31 2022
- Submitted: 12/30/2022; Granted: pending
FOIA Request: U.S. Environmental Protection Agency (EPA-R9-2023-001514)
- Topic: Phase I Env Assessment Report (2016)
- Submitted: 12/30/2022; Granted: 3/24/2023
FOIA Request: U.S. Environmental Protection Agency (EPA-R9-2023-001515)
- Topic: Lisa's friend Margot in Public Relations
- Submitted: 12/30/2022; Granted: 4/7/2023
FOIA Request: U.S. Environmental Protection Agency (EPA-R9-2023-002298)
- Topic: Preparation of 2023 vapor intrusion testing plan
- Submitted: 2/9/2023; Granted: 3/20/2023
FOIA Request: U.S. Environmental Protection Agency (EPA-R9-2023-002299)
- Topic: Apple's CBI claim to Superfund information
- Submitted: 2/9/2023; Granted: 3/29/2023
FOIA Request: U.S. Environmental Protection Agency (EPA-2023-002361)
- Topic: Who at EPA has Apple been talking to since 2021?
- Submitted: 2/13/2023; Granted: pending
FOIA Request: U.S. Environmental Protection Agency (EPA-2023-002362)
- Topic: Was Apple declined the Safe Partner prize in 2022? Or didn't apply?
- Submitted: 2/13/2023; Granted: 3/30/2023
FOIA Request: U.S. Environmental Protection Agency (EPA-R9-2023-003283)
- Topic: delta on TRW from Jan 1 2023 - March 26 2023
- Submitted: 3/26/2023; Granted: pending
FOIA Request: U.S. Environmental Protection Agency (EPA-R9-2023-004018)
- Topic: results of vapor intrusion testing
- Submitted: 5/31/2023; Granted: closed; claimed there's no records
PRA Request: SF Bay Area Water Boards (not posted online)
- Topic: recent comms about TRW and/or Triple Site
- Submitted: 2022; Granted 2022
PRA Request: City of Sunnyvale, California (not posted online)
- Topic: "any records in possession by the city about the building/property at 825 Stewart Drive Sunnyvale CA from January 1 2013 to December 1 2022 including any complaints, reports, applications, permits, communications (emails, letters), or other records including but not limited to related to: building code, renovation, fire code, toxic substances, groundwater, drinking water, air quality, noise, electrical, etc"
- Requests: SR-00050906, SR-00050910, SR-00050911, SR-00050913, SR-00050914
- Releases: CRM-0032400000473 through CRM-0032400000477
- Submitted: 12/27/2022; Interim: 12/27/2022; Granted: 01/05/2023
U.S. National Reconnoissance Office (Req 525791)
- Topic: TRW Microwave at 825 Stewart Drive
- Submitted: 12/27/2022; Granted: 3/20/2023
U.S. Central Intelligence Agency (link)
- Topic: TRW Microwave at 825 Stewart Drive
- Submitted: 12/27/2022; Granted: pending
U.S. National Security Agency (link)
- Topic: TRW Microwave at 825 Stewart Drive
- Submitted: 12/27/2022; Denied: claimed National Security concerns