Apple's Secret Silicon Fab Next to Thousands of Homes
In early 2015, Apple started stealth semiconductor fabrication activities in a facility located at 3250 Scott Boulevard in Santa Clara California, less than two hundred feet from thousands of homes. The factory intentionally vented its exhaust of solvent vapors and toxic gases straight from the roof and into the ambient outdoor air, with little or no abatement. The factory was only one story while the apartments were four stories tall, nearly ensuring the factory exhaust entered the apartment windows and 'fresh air intake' vents.
Gjovik lived at these apartments in 2020 and found herself in the emergency room within one week, disabled by symptoms of solvent and gas exposure. Later in 2020, Gjovik conducted air testing and bio-monitoring which found the presence of Apple's factory exhaust inside her home, and inside her body.
Gjovik initially suspected her exposure to chemicals was due to the Brownfield clean-up site the apartments were built on, and/or the Superfund chemical plume historically under the apartments, however the known concentrations did not provide a plausible explanation for the severity of her symptoms with any of the possible vectors. In February 2023, Gjovik discovered the semiconductor fabrication activities at 3250 Scott Blvd and began researching, finding more and more evidence that it was actually Apple who made her sick in 2020, so sick she thought she was dying (and apparently she was).
Read more about what happened below...
Gjovik lived at these apartments in 2020 and found herself in the emergency room within one week, disabled by symptoms of solvent and gas exposure. Later in 2020, Gjovik conducted air testing and bio-monitoring which found the presence of Apple's factory exhaust inside her home, and inside her body.
Gjovik initially suspected her exposure to chemicals was due to the Brownfield clean-up site the apartments were built on, and/or the Superfund chemical plume historically under the apartments, however the known concentrations did not provide a plausible explanation for the severity of her symptoms with any of the possible vectors. In February 2023, Gjovik discovered the semiconductor fabrication activities at 3250 Scott Blvd and began researching, finding more and more evidence that it was actually Apple who made her sick in 2020, so sick she thought she was dying (and apparently she was).
Read more about what happened below...
Gjovik's June 2023 US EPA Complaint:
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The Secret Silicon Fab Plant (3250 Scott Blvd)
In 2015, Apple started semiconductor (“silicon”) fabrication activities in a facility located at 3250 Scott Blvd. Apple was quickly cited for building, environmental, health/safety, and fire code violations at 3250 Scott Blvd in at least 2015 (stop work order due to construction without permits), 2016 (spill of cooling water, fire code and CalASPA violations, health & safety code violations), 2019 (phosphine and silane spill, phosphine leak, wastewater testing violations), 2020 (fire code violations, using 2 EPA IDs, inaccurate hazmat inventory data, Tetraethyl Orthosilicate spill, no spill plans or training, no business permit, no signature from supervisor on records), 2021 (ozone leak, another phosphine leak), and 2022 (fluorine gas leak and Hexafluorobutadiene leak).
The factory at 3250 Scott Blvd vented its exhaust of solvents vapors and toxic gases less than 300 feet from a large apartment complex (1,800+ units) owned and managed by The Irvine Company. The apartment complex (“Santa Clara Square Apartments”) has multiple street addresses, as well as embedded commercial/retail units, so for simplicity it will be referred to in this complaint with the prior address for the parcel (“3255 Scott Blvd”).
In 2015, the Irvine Company was finalizing the Environmental Impact Report (“EIR”) for the 3255 Scott Blvd property across the street from Apple’s plant and starting development of a large apartment complex (where Gjovik would live in 2020). Apple’s factory at 3250 Scott Blvd was never mentioned in the 3255 Scott Blvd EIR despite being located less than 300 feet away (making the apartments a “fence line community”).
Under information and belief, Apple and Irvine Company conspired to keep Apple’s activities out of the EIR because if it was included, Apple would have to comply with regulatory obligations and federal environmental statutes at the factory, and Irvine Company would have to rent their future apartments at a lower value due to the degraded air quality from Apple’s emissions.
Semiconductor fabrication adjacent to a residential area is an ultrahazardous activity. For decades, its known to require use of pyrophoric gases which have a “serious fire hazard,” combustible and flammable chemicals which must be “carefully monitored and handled by experienced personnel,” heating devices and ignition sources, and complex fire suppressant systems. Air handling systems at these plants must control “the spread of contaminants.” There is an entire section of the US OSHA website dedicated to semiconductor fabrication.
Gjovik’s home was 300 feet from Apple’s fabrication plant. Like in the classic California ultrahazardous activity case, Alonso v Hills, an ultrahazardous activity like use of poisons or blasting, only 200 yards (or here, 300 feet) from hundreds of homes in a residential district, will be found to be an ultrahazardous activity with strict liability even without proof of negligence. Gjovik’s case is similarly comparable to Green v General Petroleum, where oil drilling itself is not an ultrahazardous activity, but the California Supreme Court found that drilling for oil directly next to someone’s home (the property line roughly 200 feet away), is indeed a strict liability ultrahazardous activity.
Around summer of 2021, Apple reported to the US EPA that in the year 2020 they released 7.8 tons (15,608 pounds) of volatile organic chemicals and 260 pounds of the now-banned combustible solvent N-Methyl-2-pyrrolidone (NMP) into the exterior air from the 3250 Scott Blvd factory. Gjovik’s apartment at 3255 Scott Blvd was only a few hundred feet from the exhaust vents at 3250 Scott Blvd. Apple reported that in 2021, they sent 1,599 tons of hazardous waste to disposal facilities from corporate facilities globally. Based on manifests, 512 tons of that global waste (32%) came from the facility at 3250 Scott Blvd. Apple noted on the amount of waste they “diverted from landfills” and highlighted this number in the report under program they called “Zero Waste” saying they are moving towards “waste-free operations”. Meanwhile, at least at 3250 Scott Blvd, the way Apple was ‘diverting’ waste was blasting solvent fumes and toxic gases out their exhaust vents and into apartment windows.
Per California Air Resources Board records, 3255 Scott was registered for air emissions in June 11 2015 as “Research and Development Facility.” However they did not report any emissions. In 2019, Apple submitted a permit for “modification/throughput increase & abatement” but it was denied for “incomplete data” a couple weeks later. On April 14 2023, Apple submitted a “Permit Modification – SB01” which was permitted as a “Semiconductor and Related Device Manufacturing” facility on May 1 2023, but which was still under evaluation. Apple’s application said the only “toxic pollutant” sources they plan to emit are “isopropyl alcohol” at 15.69 lbs/day and diesel engine exhaust at 0.01 lb/day. Apple did not note the point sources – for example back in the late 1990s and early 2000s, the same facility has multiple permits for emission sources such as “abatement device,” “fume scrubber,” “carbon absorber/incinerator,” “wafer ab,” etc. Despite the lack of point sources and named chemicals, Apple’s filing suggested they expect average emissions in pounds per day of 16.07 of Organic Compounds.
A Hazardous Waste manager at 3250 Scott Blvd in 2020, wrote in his LinkedIn profile for the time: “Continued waste profile project …working with account manager and adding additional TSDFs to find cost savings for client. Research and implement other cost-saving methods … come up with innovate methods for disposal of unique wastes." He did not elaborate on his hazardous waste disposal “innovations.”
In late September 2020, Gjovik hired an industrial hygienist to test the indoor air at her apartment and it returned results showing a number of the chemicals in use by Apple at 3250 Scott Blvd including: Acetone, Acetonitrile, Acetaldehyde, Benzene, 1,2-Dichloroethane, Ethanol, Ethylbenzene, Hexane, Isopropanol, Isopropyl toluene, Methylene Chloride, Toluene, 1,2,4-TMB, Xylene. However, the TO-17 test only returned chemicals for ½ of the total VOCs it accounted for. The testing panel did not test for NMP, Arsine, Phosphine, Silane, or Chlorine – and these may have also been present.
On September 6 2020, Gjovik emailed the Santa Clara Fire Department about the air. Gjovik emails Fire Dept, and said:
On September 8 2020 Gjovik pulled the US EPA ECHO (Enforcement and Compliance History Online) Facility Report for 3250 Scott Blvd. It noted it was an Apple building actively registered with RCRA but not the Clean Air Act or Clean Water Act. The most recent “Toxic Release Inventory” filing was from 1991. There was no signal to Gjovik that any air emissions were occurring at 3250 Scott Blvd.
Now and since 2015, Apple's officers, agents, and employees knew or should have known that the factory emitted and is emitting the gases and particulates referred to and knew or should have known that those emissions would injure the health of persons living near the factory and cause such conditions as plaintiff's. In September 2020, Gjovik informed one of defendant's employees overseeing the silicon fabrication factory, of Gjovik’s injuries caused by emissions. Nevertheless, defendant's officers, agents, and employees did nothing to reduce or eliminate the emissions. On the contrary, such persons authorized production of the objectionable emissions.
On September 8 2020, Gjovik emailed safety@apple.com asking for advice and sharing an “official complaint” she “just submitted to the Santa Clara County Hazardous Material Program.” She wrote:
On Sept 9 2020, Gjovik wrote to safety@apple.com and Tracey Scott, “Update - I was able to get the tests ordered. But - actually, someone over there might even be familiar with this specific area. Looks like there was an Apple building right in the path of the Superfund site’s groundwater, and between it and my building for a bit. It was registered with the EPA for Toxic Releases (TRI). Would just appreciate any general, informal advice on how to navigate this — or tips if there’s anything Apple can do to help me get out of this horrific place.”
On September 10 2020, Gjovik emailed US EPA Region 9 filing a complaint about the ambient air around 3250 Scott Blvd. She said she has “reason to believe” the property she is living as “is exposing [her] to harmful levels of volatile organic chemicals.” She explained, “I've purchased three separate personal tVOC monitors and they're all showing unhealthy numbers, usually at the same time, often at least twice a day. The fumes seem to come in the worst around 7am-8am and 10pm-11pm. Sometimes it's quick, and sometimes they blast me for multiple hours.” She added, “When they the fumes are blasting, I can feel & smell it before I see it. My skin burns, my lungs burn, I feel exhausted, like I'm choking. The rash on my arms gets really itchy. My dog is also showing symptoms (lethargy, anxiety, loss of appetite, etc).” She added, “There's a chemical smell, sometimes kind of sweet, sometimes like gasoline, sometimes like burning plastic... there's several different ones that will come in. If I go outside a get fresh air (or even sit up close next to my windows) I start feeling better. My symptoms seem to vary with the smells -- some will make me dizzy and exhausted, some will make me lose coordination and focus, some will make me super nauseous, etc.”
On October 6 2020, Gjovik emailed CalEPA about yellow stains on her clothes from the air at her apartment next to 3250 Scott Blvd. DTSC said, “That is very odd. I’m not sure what could be causing that. I’m curious to hear if [doctor] has any ideas.” Gjovik sent to [doctor] (a Public Health Medical Officer III, in the DPH Environmental Health Investigations Branch of the California Department of Public Health) who responded: “I found these references, which are old, but read the parts about environmental pollutants. This is a probable mechanism. (links) A lot of what's discussed is dyes reacting via a photochemical reaction with ‘normal’ air pollutants, like those that the EPA regulates as part of their Criteria Air Pollutants (like NOx, SO2, ozone, etc.). This makes sense as we have all had yellowing of fabrics over time, but yours is accelerated. Will be interesting to see what the IH assessment shows.” Gjovik then emailed [coworker] about this via their Apple emails.
While sick in 2020, Gjovik would wake up occasionally at 3am feeling like she was dying and with symptoms of heart failure (which Gjovik complained to her doctors about at the time). Heart monitoring showed arrhythmia and blood pressure monitoring showed very slow heart rate and very low blood pressure. All of those symptoms match Phosphine and Arsine gas exposure which can quickly become lethal. Gjovik felt like she was dying because Apple had some sort of auto-release of gases at 3 AM and chemical weapon attacked her in her bed, and she probably could have died.
Apple has a great quantity of Arsine gas on site and Gjovik’s medical tests from September 2020 showed arsenic in her blood with no other explanation than Arsine gas exposure. Gjovik had one of those 3am spells before she had her blood and urine tested for chemicals and heavy metals early the next morning. Gjovik’s blood showed arsenic at an elevated level but none in her urine. Arsenic in blood has a ~8hr half-life, and only shows in blood but not urine when exposed to Arsine gas (instead of ingesting arsenic). Apple chemical weapon attacked Gjovik with Arsine gas in her bedroom. Arsine gas becomes life threatening at only 0.91 parts per million over 10 minutes. There is no antidote for arsine gas poisoning.
Multiple occupational and environmental exposure doctors told Gjovik all of her symptoms were consistent with solvent exposure and other chemical exposures. The most noteworthy correlation was that exposure to solvent vapor and other gases can cause decreased heart rate (see below), volatile blood pressure (which Gjovik had confirmed via 24-hour blood pressure monitor), the rashes and burns on Gjovik’s body, and Gjovik’s symptoms of dizzy spells, fainting, numbness, and muscle spasms. Exhibit: Gjovik’s Heart Rate (Dipping in 2020)
Apple was cited in 2020 for failing to report its stockpile of Chlorine gas at 3250 Scott Blvd to regulators. Apple also has a history of gassing its employees with Chlorine. At least two chlorine gas leaks have been reported at Apple facilities. In 2012 there was a chlorine gas leak at an Apple factory which killed one worker and injured another four workers. There was a chlorine gas leak at an Apple data center in 2015 resulting in an evacuation, HazMat response, and multiple employees taken to the hospital.
Gjovik’s blood and urine medical tests also revealed the presence of several other industrial chemicals including Toluene (Hippuric Acid) and Xylene (2-3-4 Methylhippuric Acid (2,-3-,4-MHA) in her urine.
On February 8 2021, Gjovik emailed the Santa Clara Mayor and Vice Mayor:
On March 26 2021, SF Bay View published an article written by Gjovik, “I thought I was dying: My apartment was built on toxic waste,” complaining about the air around 3250 Scott Blvd and complaining the government was not doing enough to help her investigate. In the article Gjovik describes how ill she got:
Once the article was published, other victims contacted Gjovik who also lived there and who were also mysteriously ill. Gjovik organized communications with the victims and provided them access to the records she found through research. They organized together and discussed escalating to the government to verify Gjovik’s claims.
On April 6 2021, Gjovik had a phone call with the Bay Area Air Quality Management District about the ambient air around 3250 Scott Blvd. Gjovik explained what was going on, the investigator told her he would drive to the site that day to inspect, and he did, though it was referred back to DTSC due to lack of data.
On April 6 2021, Gjovik emailed [coworker] via their Apple email accounts saying, “Up to six sick people now. (including me). Three other women had my symptoms. CA DTSC is still not doing anything about it…This is insane.” [Coworker] replied: “Incredible.”
On April 30 2021, Apple knowingly omitted information about another phosphine leak (and possible explosion) at its 3250 Scott Blvd facilities by refusing to file a spill report with CalOES and demanding the city HazMat redact Apple’s name from the incident report that was electronically filed for the incident. It is a crime under 42 US Code 11045(b)(4) and 42 USC 7413(c)(2)(B) to knowingly and willingly fail to provide required notice after releasing extremely hazardous substances.
On June 30 2021, Apple knowingly omitted information about its treatment and disposal of the now-banned chemical NMP at its 3250 Scott Blvd facility. Apple submitted an electronic filing to the US EPA claiming thousands of pounds were treated on site, but the treatment mechanism noted was scrubbers which would not reduce the chemical to the extent noted. Further, Apple made false statements in this filing claiming 14,743 pounds of NMP were transported offsite to three waste processing facilities, however no manifests were ever created for those supposed transfers. Apple either lied that it transported the NMP at all and instead unlawfully deployed thousands of pounds of NMPs on site, or the Apple lied and transported the NMP without manifests to off book disposal facilities. It is a criminal violation of the Clean Air Act to make false statements and representations, and/or omit material information, and/or alter or conceal a document required under the Clean Air Act. (42 US Code 7413(c)(2)(A)).
Apple’s Clean Air Act and TRI reports for the 3250 Scott Blvd factory only included emissions for 2020. For all other years Apple was operating, Apple’s failure to file reports inferred zero emissions, which is clearly false. Apple lied about its practices and Apple’s lies show intentional harm.
Apple knew exactly how dangerous those emissions were and still did it, and while they gassed a neighborhood, they also made public statements about the dangers of the same chemicals. For instance, Apple banned the use of NMP in their supply chain for years due to safety concerns and Apple even requires vendors to certify that they are not using it. Meanwhile, Apple blasted hundreds of pounds of NMP into Gjovik’s windows in 2020.
Here, further, Apple had repeatedly spoken publicly about the dangers of NMP (N-Methyl-2-pyrrolidone). Apple placed NMP on its regulated chemicals list and required vendors prove they are not using NMP in their work on Apple’s products. Apple added these restrictions on NMP back in March of 2016. Apple (Art Fong) spoke at a December 2021 webinar about Chemical Safety where it discussed the “priority chemicals” to eliminate from manufacturing supply chains, including NMP, Toluene, and TCE – among others. Apple spoke of its new program “Toward Zero Exposure” where it committed to protect workers from exposure to chemical hazards.
At 3250 Scott Blvd, Apple’s use, storage, and release (intentional and unintentional) of very toxic gases has the potential to produce a dense cloud of lethal gas that would be large enough to engulf the apartments. Such an emission, if it has not already occurred, could easily cause injuries and death. These use and release of these gases could injure first responders and should require the evacuation of an entire neighborhood and HAZMAT procedures if there were to be significant leak/spill. Apple is not only in “possession of extremely dangerous substances with the potential to cause severe harm to many people,” but Apple has taken intentional acts to ensure no one knows they have these chemicals or that they are releasing these chemicals into the neighborhood air.
Chlorine gas is a deadly choking agent which can severely stress the respiratory system tissue, causing profuse edema resembling drowning, and which can result in death by asphyxiation. In case of an arsine or chlorine spill, “isolate spill or leak area for at least 100 meters (330 feet) in all directions.” Apple had this gas and was cited for failing to properly report it; Gjovik had these symptoms.
Arsine gas is heavier than air and hazardous concentrations may develop quickly, and the odor threshold is 10x greater than the OSHA permissible exposure limit. Arsine is heavier than air and hazardous concentrations may develop quickly in enclosed, poorly ventilated, or low-lying areas. Initial symptoms (malaise, dizziness, nausea, abdominal pain, and dyspnea).” “Arsine is a highly toxic gas and may be fatal if inhaled in sufficient quantities.” The CDC warns “there is no specific antidote for arsine” and that “Arsine is a highly toxic systemic poison.” Apple had this gas; Gjovik had these symptoms; tests showed Gjovik had arsine in her blood.
Phosphine is used in the semiconductor industry to introduce phosphorus into silicon crystals as an intentional impurity. Phosphine exposure symptoms include “restlessness, irritability, drowsiness, tremors, vertigo, diplopia, ataxia, cough, dyspnea, retrosternal discomfort, abdominal pain, and vomiting.” “Cardiovascular manifestations include hypotension, reduction in cardiac output, tachycardia, irregular heartbeat, or cardiac arrest. Laboratory tests may reveal abnormal myocardial enzymes.” There is no antidote for phosphine poisoning. In case of a phosphine spill, “isolate spill or leak area for at least 100 meters (330 feet) in all directions.” Apple had this gas and leaked this gas; Gjovik had these symptoms.
Silane (silicon tetrahydride) vapors may cause dizziness or asphyxiation without warning. Some may be toxic if inhaled at high concentrations. Contact with gas or liquefied gas may cause burns, severe injury and/or frostbite. It is easily ignited in air, reacts with oxidizing agents, is very toxic by inhalation, and is a strong irritant to skin, eyes and mucous membranes. In case of a silane spill, “isolate spill or leak area for at least 100 meters (330 feet) in all directions.” Apple had this gas and leaked this gas; Gjovik had these symptoms.
Toxic chemicals can often be grouped into classes, whereby all the chemicals in a given class cause similar types of adverse health effects. These constellations of toxic effects or syndromes comprise a set of clinical ‘‘fingerprints’’ for groups of toxicants.
Gjovik discovered Apple's activities on February 21 2023 and posted in real-time on Twitter, writing: "APPLE IS DOING LITERAL ACTUAL GODDAMN SILICON FAB 0.2 MILES (0.3 KM) FROM THE APARTMENT WHERE I GOT SO SICK I THOUGHT I WAS DYING & APPLE VENTED THAT SHIT INTO THE AIR FROM THEIR ROOF & THE YARD NEXT TO THEIR "GAS BUNKERS" RIGHT INTO MY 3RD FLOOR APARTMENT." She added, "I've been making muffled screaming noises for about twenty-five minutes now. WTAF IS WRONG WITH THEM. THEY MUST HAVE KNOWN THEY DID THAT SHIT TO ME!!! No wonder they gave me that "extreme condition leave" to move out. Apple is the extreme condition."
On March 1 2023, Gjovik asked if any chemists followed her Twitter account and could weigh in on if NMP could cause the reaction she saw on her jeans. On March 2 2023 and for several days following, a Twitter account created specifically to interact with Gjovik about her claims about N-Methyl-2-pyrrolidone (NMP), “Sybil”, replied repeatedly to her posts. Sybil repeatedly claimed NMP is completely safe, not banned, and that Gjovik was lying about the yellow clothes and rusty jeans and it was occurring simply because Gjovik did not know how to do laundry properly. Even after blocking the NMP account, it continued to stalk Gjovik’s posts and continue posting, next calling for Gjovik’s account to be suspended due to supposedly spreading misinformation about NMP. Under information and belief, Sybil was Apple.
On March 11 2023, a fake account (“Comrade Jones”, sorry@butno.com) sent Gjovik an email claiming to be an ex-EPA compliance/enforcement employee. The account attempted to get Gjovik to stop talking about the vapor intrusion documentation for 825 Stewart Drive and tried to get Gjovik to stop talking about the NMP. The account made threats to intimidate Gjovik. The IP came from a location known for spam accounts. Under information and belief, “Comrade Jones” was Apple.
On June 12 2023, Gjovik filed complaint about Apple’s activities at 3250 Scott Blvd to US EPA, CalEPA, Santa Clara Fire Department and gave copies to the labor agencies investigating those charges into Apple. Gjovik alleged violations of The Clean Air Act (1970); The Resource Conservation and Recovery Act (1976); The Toxic Substances Control Act (1976); Comprehensive Environmental Response, Compensation, and Liability Act (1980); Emergency Planning and Community Right-to-Know Act; Pollution Prevention Act (1990); among others. Gjovik also noted the cover sheet that it was a potential RCRA § 7002(a)(1)(B) action, implying she believed the situation was “Knowing Endangerment” and if US EPA did not investigate she may sue to force an investigation. Gjovik’s complaint also accused Apple of criminal conduct at the site.
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Quoted from Ashley's federal civil lawsuit complaint and Dept of Labor OALJ complaints:
The factory at 3250 Scott Blvd vented its exhaust of solvents vapors and toxic gases less than 300 feet from a large apartment complex (1,800+ units) owned and managed by The Irvine Company. The apartment complex (“Santa Clara Square Apartments”) has multiple street addresses, as well as embedded commercial/retail units, so for simplicity it will be referred to in this complaint with the prior address for the parcel (“3255 Scott Blvd”).
In 2015, the Irvine Company was finalizing the Environmental Impact Report (“EIR”) for the 3255 Scott Blvd property across the street from Apple’s plant and starting development of a large apartment complex (where Gjovik would live in 2020). Apple’s factory at 3250 Scott Blvd was never mentioned in the 3255 Scott Blvd EIR despite being located less than 300 feet away (making the apartments a “fence line community”).
Under information and belief, Apple and Irvine Company conspired to keep Apple’s activities out of the EIR because if it was included, Apple would have to comply with regulatory obligations and federal environmental statutes at the factory, and Irvine Company would have to rent their future apartments at a lower value due to the degraded air quality from Apple’s emissions.
Semiconductor fabrication adjacent to a residential area is an ultrahazardous activity. For decades, its known to require use of pyrophoric gases which have a “serious fire hazard,” combustible and flammable chemicals which must be “carefully monitored and handled by experienced personnel,” heating devices and ignition sources, and complex fire suppressant systems. Air handling systems at these plants must control “the spread of contaminants.” There is an entire section of the US OSHA website dedicated to semiconductor fabrication.
Gjovik’s home was 300 feet from Apple’s fabrication plant. Like in the classic California ultrahazardous activity case, Alonso v Hills, an ultrahazardous activity like use of poisons or blasting, only 200 yards (or here, 300 feet) from hundreds of homes in a residential district, will be found to be an ultrahazardous activity with strict liability even without proof of negligence. Gjovik’s case is similarly comparable to Green v General Petroleum, where oil drilling itself is not an ultrahazardous activity, but the California Supreme Court found that drilling for oil directly next to someone’s home (the property line roughly 200 feet away), is indeed a strict liability ultrahazardous activity.
Around summer of 2021, Apple reported to the US EPA that in the year 2020 they released 7.8 tons (15,608 pounds) of volatile organic chemicals and 260 pounds of the now-banned combustible solvent N-Methyl-2-pyrrolidone (NMP) into the exterior air from the 3250 Scott Blvd factory. Gjovik’s apartment at 3255 Scott Blvd was only a few hundred feet from the exhaust vents at 3250 Scott Blvd. Apple reported that in 2021, they sent 1,599 tons of hazardous waste to disposal facilities from corporate facilities globally. Based on manifests, 512 tons of that global waste (32%) came from the facility at 3250 Scott Blvd. Apple noted on the amount of waste they “diverted from landfills” and highlighted this number in the report under program they called “Zero Waste” saying they are moving towards “waste-free operations”. Meanwhile, at least at 3250 Scott Blvd, the way Apple was ‘diverting’ waste was blasting solvent fumes and toxic gases out their exhaust vents and into apartment windows.
Per California Air Resources Board records, 3255 Scott was registered for air emissions in June 11 2015 as “Research and Development Facility.” However they did not report any emissions. In 2019, Apple submitted a permit for “modification/throughput increase & abatement” but it was denied for “incomplete data” a couple weeks later. On April 14 2023, Apple submitted a “Permit Modification – SB01” which was permitted as a “Semiconductor and Related Device Manufacturing” facility on May 1 2023, but which was still under evaluation. Apple’s application said the only “toxic pollutant” sources they plan to emit are “isopropyl alcohol” at 15.69 lbs/day and diesel engine exhaust at 0.01 lb/day. Apple did not note the point sources – for example back in the late 1990s and early 2000s, the same facility has multiple permits for emission sources such as “abatement device,” “fume scrubber,” “carbon absorber/incinerator,” “wafer ab,” etc. Despite the lack of point sources and named chemicals, Apple’s filing suggested they expect average emissions in pounds per day of 16.07 of Organic Compounds.
A Hazardous Waste manager at 3250 Scott Blvd in 2020, wrote in his LinkedIn profile for the time: “Continued waste profile project …working with account manager and adding additional TSDFs to find cost savings for client. Research and implement other cost-saving methods … come up with innovate methods for disposal of unique wastes." He did not elaborate on his hazardous waste disposal “innovations.”
In late September 2020, Gjovik hired an industrial hygienist to test the indoor air at her apartment and it returned results showing a number of the chemicals in use by Apple at 3250 Scott Blvd including: Acetone, Acetonitrile, Acetaldehyde, Benzene, 1,2-Dichloroethane, Ethanol, Ethylbenzene, Hexane, Isopropanol, Isopropyl toluene, Methylene Chloride, Toluene, 1,2,4-TMB, Xylene. However, the TO-17 test only returned chemicals for ½ of the total VOCs it accounted for. The testing panel did not test for NMP, Arsine, Phosphine, Silane, or Chlorine – and these may have also been present.
On September 6 2020, Gjovik emailed the Santa Clara Fire Department about the air. Gjovik emails Fire Dept, and said:
- “I have good reason to believe I’ve been/continue to be exposed to (and poisoned by) hazardous materials/fumes since I moved into my Santa Clara apartment in February of this year I had major medical issues starting/drastically worsening days after moving in: major dizzy spells, arrhythmia, angina, labile blood pressure, bradycardia, etc. I also developed MS-like symptoms after a month living there. None of the doctors (20+ specialists) found anything… I obtained two air quality monitors with tVOC sensors on 9/2 = started looking at the reports. I saw huge spikes of tVOCs occurring usually daily in my apartment unit, in the evenings and morning, but sometimes in the middle of the night as well. I can usually smell (kinda sweet, but chemically) & feel (skin, lungs, eyes burning — dizzy — nauseous — weak — hard to breath) the fumes before I see the spikes on the monitors. Last night, I got a third monitor (VSON) & the fumes blasted for four hours (10pm-2am) with super high levels of TVOCs (up to at least >2 mg/m3 / PPB) & HCHO =up to at least >1.2 mg/m3; 1ppm). My skin still itches & burns, and my rash is getting worse…”
On September 8 2020 Gjovik pulled the US EPA ECHO (Enforcement and Compliance History Online) Facility Report for 3250 Scott Blvd. It noted it was an Apple building actively registered with RCRA but not the Clean Air Act or Clean Water Act. The most recent “Toxic Release Inventory” filing was from 1991. There was no signal to Gjovik that any air emissions were occurring at 3250 Scott Blvd.
Now and since 2015, Apple's officers, agents, and employees knew or should have known that the factory emitted and is emitting the gases and particulates referred to and knew or should have known that those emissions would injure the health of persons living near the factory and cause such conditions as plaintiff's. In September 2020, Gjovik informed one of defendant's employees overseeing the silicon fabrication factory, of Gjovik’s injuries caused by emissions. Nevertheless, defendant's officers, agents, and employees did nothing to reduce or eliminate the emissions. On the contrary, such persons authorized production of the objectionable emissions.
On September 8 2020, Gjovik emailed safety@apple.com asking for advice and sharing an “official complaint” she “just submitted to the Santa Clara County Hazardous Material Program.” She wrote:
- “I have reason to believe my apartment complex and the property it is on is exposing me to harmful levels of volatile organic chemicals. I live at the Santa Clara Square Apartments, which apparently has enormous amounts of hazardous waste on site. I've been struggling with massive health issues this year. They were mostly mild before I moved in, but they got extremely worse after I got here…. I ended up seeing 20+ specialists trying to figure out what was making me so sick (severe dizzy spells, arrhythmia, angina, rash, MS-like neurological symptoms, volatile blood pressure, bradycardia, exhaustion, etc.) I started becoming suspicious of toxins/poisoning only a couple weeks ago… when I checked my Blue Air filter monitors I saw huge waves of tVOCS fuming up my apartment at the times I was hallucinating… when I checked my Blue Air filter monitors I saw huge waves of tVOCS fuming up my apartment at the times I was hallucinating… I've purchased three separate personal tVOC monitors and they're all showing unhealthy numbers, usually at the same time, often at least once a day. The fumes seem to come in the worst around 7am-8am and 10pm-11pm. Sometimes it's quick, and sometimes they blast me for multiple hours…. When they the fumes are blasting, I can feel it before I see it. My skin burns, my lungs burn, I feel exhausted, like I'm choking. The rash on my arms gets really itchy. There's a chemical smell, kind of sweet sometimes…”
On Sept 9 2020, Gjovik wrote to safety@apple.com and Tracey Scott, “Update - I was able to get the tests ordered. But - actually, someone over there might even be familiar with this specific area. Looks like there was an Apple building right in the path of the Superfund site’s groundwater, and between it and my building for a bit. It was registered with the EPA for Toxic Releases (TRI). Would just appreciate any general, informal advice on how to navigate this — or tips if there’s anything Apple can do to help me get out of this horrific place.”
On September 10 2020, Gjovik emailed US EPA Region 9 filing a complaint about the ambient air around 3250 Scott Blvd. She said she has “reason to believe” the property she is living as “is exposing [her] to harmful levels of volatile organic chemicals.” She explained, “I've purchased three separate personal tVOC monitors and they're all showing unhealthy numbers, usually at the same time, often at least twice a day. The fumes seem to come in the worst around 7am-8am and 10pm-11pm. Sometimes it's quick, and sometimes they blast me for multiple hours.” She added, “When they the fumes are blasting, I can feel & smell it before I see it. My skin burns, my lungs burn, I feel exhausted, like I'm choking. The rash on my arms gets really itchy. My dog is also showing symptoms (lethargy, anxiety, loss of appetite, etc).” She added, “There's a chemical smell, sometimes kind of sweet, sometimes like gasoline, sometimes like burning plastic... there's several different ones that will come in. If I go outside a get fresh air (or even sit up close next to my windows) I start feeling better. My symptoms seem to vary with the smells -- some will make me dizzy and exhausted, some will make me lose coordination and focus, some will make me super nauseous, etc.”
On October 6 2020, Gjovik emailed CalEPA about yellow stains on her clothes from the air at her apartment next to 3250 Scott Blvd. DTSC said, “That is very odd. I’m not sure what could be causing that. I’m curious to hear if [doctor] has any ideas.” Gjovik sent to [doctor] (a Public Health Medical Officer III, in the DPH Environmental Health Investigations Branch of the California Department of Public Health) who responded: “I found these references, which are old, but read the parts about environmental pollutants. This is a probable mechanism. (links) A lot of what's discussed is dyes reacting via a photochemical reaction with ‘normal’ air pollutants, like those that the EPA regulates as part of their Criteria Air Pollutants (like NOx, SO2, ozone, etc.). This makes sense as we have all had yellowing of fabrics over time, but yours is accelerated. Will be interesting to see what the IH assessment shows.” Gjovik then emailed [coworker] about this via their Apple emails.
While sick in 2020, Gjovik would wake up occasionally at 3am feeling like she was dying and with symptoms of heart failure (which Gjovik complained to her doctors about at the time). Heart monitoring showed arrhythmia and blood pressure monitoring showed very slow heart rate and very low blood pressure. All of those symptoms match Phosphine and Arsine gas exposure which can quickly become lethal. Gjovik felt like she was dying because Apple had some sort of auto-release of gases at 3 AM and chemical weapon attacked her in her bed, and she probably could have died.
Apple has a great quantity of Arsine gas on site and Gjovik’s medical tests from September 2020 showed arsenic in her blood with no other explanation than Arsine gas exposure. Gjovik had one of those 3am spells before she had her blood and urine tested for chemicals and heavy metals early the next morning. Gjovik’s blood showed arsenic at an elevated level but none in her urine. Arsenic in blood has a ~8hr half-life, and only shows in blood but not urine when exposed to Arsine gas (instead of ingesting arsenic). Apple chemical weapon attacked Gjovik with Arsine gas in her bedroom. Arsine gas becomes life threatening at only 0.91 parts per million over 10 minutes. There is no antidote for arsine gas poisoning.
Multiple occupational and environmental exposure doctors told Gjovik all of her symptoms were consistent with solvent exposure and other chemical exposures. The most noteworthy correlation was that exposure to solvent vapor and other gases can cause decreased heart rate (see below), volatile blood pressure (which Gjovik had confirmed via 24-hour blood pressure monitor), the rashes and burns on Gjovik’s body, and Gjovik’s symptoms of dizzy spells, fainting, numbness, and muscle spasms. Exhibit: Gjovik’s Heart Rate (Dipping in 2020)
Apple was cited in 2020 for failing to report its stockpile of Chlorine gas at 3250 Scott Blvd to regulators. Apple also has a history of gassing its employees with Chlorine. At least two chlorine gas leaks have been reported at Apple facilities. In 2012 there was a chlorine gas leak at an Apple factory which killed one worker and injured another four workers. There was a chlorine gas leak at an Apple data center in 2015 resulting in an evacuation, HazMat response, and multiple employees taken to the hospital.
Gjovik’s blood and urine medical tests also revealed the presence of several other industrial chemicals including Toluene (Hippuric Acid) and Xylene (2-3-4 Methylhippuric Acid (2,-3-,4-MHA) in her urine.
On February 8 2021, Gjovik emailed the Santa Clara Mayor and Vice Mayor:
- “I’m reaching out to you with concerns about a large-scale residential development project Santa Clara city approved in 2015. I moved into the new apartments in 2020 and within a week was the in the ER. None of my doctors could figure out what was causing the neurological and cardiac issues. I thought I could be dying — quick onset M.S. or other often fatal neurological conditions, etc. I ended up on state disability & medical leave for nearly six months. We figured out what happened in September. We discovered my apartment was full of very high levels of VOCs (solvent fumes) and then when researching the property discovered it was a hazardous waste remediation site. I’ve had all three of the go-to chemical exposure doctors in this area (and even the gov agency in charge) confirm I was poisoned by solvent fumes. I moved out and was fine within a week, other than a threat of future cancer…. So… there’s an active public health issue affected maybe 2,000 people or maybe 5k+ if you count the next door Whole Foods and restaurants) (or maybe even 10k+ if you count the next-door tech office buildings before shelter in place) and no one will do a thing about it (other than me continuing to complain to the state gov on = daily/weekly basis). I’m hoping you might help Raj, the development is in your district. I’m sure you’ve figured out which one it is by now — and why this has been such an uphill battle. I also left voicemails with your assistants, but though I’d send an email follow up as well.”
On March 26 2021, SF Bay View published an article written by Gjovik, “I thought I was dying: My apartment was built on toxic waste,” complaining about the air around 3250 Scott Blvd and complaining the government was not doing enough to help her investigate. In the article Gjovik describes how ill she got:
- “I feared the worst and headed to the emergency room. Over the next few weeks, my condition only worsened, with bizarre muscle numbness and spasms and the onset of daily near-fainting spells where I would get so dizzy that I would have to immediately lie down, sometimes for hours, before I could regain balance. I spoke with dozens of doctors who performed extensive testing to try to identify the cause of my sudden and worsening cardiac and neurological issues. The doctors were perplexed. While the tests showed my blood pressure, heart rate and other vitals were abnormal, no tests or imaging could identify why. My doctors screened me for all sorts of severe, permanent and often fatal illnesses. The symptoms were so debilitating and unpredictable that I felt I had no control over my body. I really thought I could be dying. I bought books on coping with terminal illness; notified friends of the location of my will and power of attorney documentation. I slept with my phone by my bed in case I had to call 911 in the middle of the night. I was utterly terrified. I spent the next six months on medical leave and disability, contemplating what my future would hold. I work full time as a program manager while attending law school to become a public interest attorney. But faced with an apparent severe long-term disability or even a fatal illness, I had to consider if I needed to quit my job and drop out of school – and what that would mean for my future.
- …A friend suggested I check if carbon monoxide might be causing hallucinations. I checked a new, more advanced air quality monitor and, to my surprise, the monitor showed very high levels of something called “tVOCs.” I didn’t know what that meant, but I noticed something compelling. One of my most bizarre symptoms since moving in was waking up every few weeks exactly at 3 a.m. and feeling like I was choking and going to vomit. When I looked, the “tVOCs” on my monitor spiked exactly at 3 a.m. I also noticed the tVOCs seemed to rise and fall at different times of the day when I was having the worst symptoms. I began to think that there was an important correlation between this data and my symptoms.
- …I talked to the city, county and state health departments. I talked to the planning and code enforcement agencies. I talked with several of the California EPA agencies. I’ve also been talking with the federal EPA. All of the agencies that did respond said the only agency who can act is DTSC. Otherwise, the property manager must act on their own initiative. Many of these agency employees I talked to said over the phone said that they were concerned to hear about the conditions of the site and risk to the community and they offered apologies for not being able to help.
- ….This article is my first public statement on what happened, and I’m doing it despite my fear of retaliation, because I am deeply worried about the health and safety of the folks living on that property and the apparent systemic failures in preventing and addressing these types of issues.”
Once the article was published, other victims contacted Gjovik who also lived there and who were also mysteriously ill. Gjovik organized communications with the victims and provided them access to the records she found through research. They organized together and discussed escalating to the government to verify Gjovik’s claims.
On April 6 2021, Gjovik had a phone call with the Bay Area Air Quality Management District about the ambient air around 3250 Scott Blvd. Gjovik explained what was going on, the investigator told her he would drive to the site that day to inspect, and he did, though it was referred back to DTSC due to lack of data.
On April 6 2021, Gjovik emailed [coworker] via their Apple email accounts saying, “Up to six sick people now. (including me). Three other women had my symptoms. CA DTSC is still not doing anything about it…This is insane.” [Coworker] replied: “Incredible.”
On April 30 2021, Apple knowingly omitted information about another phosphine leak (and possible explosion) at its 3250 Scott Blvd facilities by refusing to file a spill report with CalOES and demanding the city HazMat redact Apple’s name from the incident report that was electronically filed for the incident. It is a crime under 42 US Code 11045(b)(4) and 42 USC 7413(c)(2)(B) to knowingly and willingly fail to provide required notice after releasing extremely hazardous substances.
On June 30 2021, Apple knowingly omitted information about its treatment and disposal of the now-banned chemical NMP at its 3250 Scott Blvd facility. Apple submitted an electronic filing to the US EPA claiming thousands of pounds were treated on site, but the treatment mechanism noted was scrubbers which would not reduce the chemical to the extent noted. Further, Apple made false statements in this filing claiming 14,743 pounds of NMP were transported offsite to three waste processing facilities, however no manifests were ever created for those supposed transfers. Apple either lied that it transported the NMP at all and instead unlawfully deployed thousands of pounds of NMPs on site, or the Apple lied and transported the NMP without manifests to off book disposal facilities. It is a criminal violation of the Clean Air Act to make false statements and representations, and/or omit material information, and/or alter or conceal a document required under the Clean Air Act. (42 US Code 7413(c)(2)(A)).
Apple’s Clean Air Act and TRI reports for the 3250 Scott Blvd factory only included emissions for 2020. For all other years Apple was operating, Apple’s failure to file reports inferred zero emissions, which is clearly false. Apple lied about its practices and Apple’s lies show intentional harm.
Apple knew exactly how dangerous those emissions were and still did it, and while they gassed a neighborhood, they also made public statements about the dangers of the same chemicals. For instance, Apple banned the use of NMP in their supply chain for years due to safety concerns and Apple even requires vendors to certify that they are not using it. Meanwhile, Apple blasted hundreds of pounds of NMP into Gjovik’s windows in 2020.
Here, further, Apple had repeatedly spoken publicly about the dangers of NMP (N-Methyl-2-pyrrolidone). Apple placed NMP on its regulated chemicals list and required vendors prove they are not using NMP in their work on Apple’s products. Apple added these restrictions on NMP back in March of 2016. Apple (Art Fong) spoke at a December 2021 webinar about Chemical Safety where it discussed the “priority chemicals” to eliminate from manufacturing supply chains, including NMP, Toluene, and TCE – among others. Apple spoke of its new program “Toward Zero Exposure” where it committed to protect workers from exposure to chemical hazards.
At 3250 Scott Blvd, Apple’s use, storage, and release (intentional and unintentional) of very toxic gases has the potential to produce a dense cloud of lethal gas that would be large enough to engulf the apartments. Such an emission, if it has not already occurred, could easily cause injuries and death. These use and release of these gases could injure first responders and should require the evacuation of an entire neighborhood and HAZMAT procedures if there were to be significant leak/spill. Apple is not only in “possession of extremely dangerous substances with the potential to cause severe harm to many people,” but Apple has taken intentional acts to ensure no one knows they have these chemicals or that they are releasing these chemicals into the neighborhood air.
Chlorine gas is a deadly choking agent which can severely stress the respiratory system tissue, causing profuse edema resembling drowning, and which can result in death by asphyxiation. In case of an arsine or chlorine spill, “isolate spill or leak area for at least 100 meters (330 feet) in all directions.” Apple had this gas and was cited for failing to properly report it; Gjovik had these symptoms.
Arsine gas is heavier than air and hazardous concentrations may develop quickly, and the odor threshold is 10x greater than the OSHA permissible exposure limit. Arsine is heavier than air and hazardous concentrations may develop quickly in enclosed, poorly ventilated, or low-lying areas. Initial symptoms (malaise, dizziness, nausea, abdominal pain, and dyspnea).” “Arsine is a highly toxic gas and may be fatal if inhaled in sufficient quantities.” The CDC warns “there is no specific antidote for arsine” and that “Arsine is a highly toxic systemic poison.” Apple had this gas; Gjovik had these symptoms; tests showed Gjovik had arsine in her blood.
Phosphine is used in the semiconductor industry to introduce phosphorus into silicon crystals as an intentional impurity. Phosphine exposure symptoms include “restlessness, irritability, drowsiness, tremors, vertigo, diplopia, ataxia, cough, dyspnea, retrosternal discomfort, abdominal pain, and vomiting.” “Cardiovascular manifestations include hypotension, reduction in cardiac output, tachycardia, irregular heartbeat, or cardiac arrest. Laboratory tests may reveal abnormal myocardial enzymes.” There is no antidote for phosphine poisoning. In case of a phosphine spill, “isolate spill or leak area for at least 100 meters (330 feet) in all directions.” Apple had this gas and leaked this gas; Gjovik had these symptoms.
Silane (silicon tetrahydride) vapors may cause dizziness or asphyxiation without warning. Some may be toxic if inhaled at high concentrations. Contact with gas or liquefied gas may cause burns, severe injury and/or frostbite. It is easily ignited in air, reacts with oxidizing agents, is very toxic by inhalation, and is a strong irritant to skin, eyes and mucous membranes. In case of a silane spill, “isolate spill or leak area for at least 100 meters (330 feet) in all directions.” Apple had this gas and leaked this gas; Gjovik had these symptoms.
Toxic chemicals can often be grouped into classes, whereby all the chemicals in a given class cause similar types of adverse health effects. These constellations of toxic effects or syndromes comprise a set of clinical ‘‘fingerprints’’ for groups of toxicants.
- Acute Exposure to Solvents Toxidrome is marked by a constellation of symptoms including: nervous system depression leading to a decreased level of consciousness, depressed respirations, and in some cases ataxia (difficulty balancing and walking). This syndrome also includes slurred speech, nystagmus (abnormal eye movements), cardiac arrest, chemical burns, skin defatting, and cardiac dysrhythmias (irregular heartbeat). It can be caused by chemicals like benzene, TCE, toluene, xylene, methylene chloride, etc.
- Irritant/Corrosive Gas Syndrome includes immediate effects ranging from minor irritation of exposed skin, mucous membranes, pulmonary, and gastrointestinal (GI) tract – to coughing, wheezing, stridor, rhonchi, rales, respiratory distress, burns, bronchial spasm, respiratory failure, and more severe GI symptoms that may progress rapidly to systemic toxicity. It can be caused by chemicals like chlorine, ammonia, nitrogen oxides, carbon monoxide, etc.
- Knockdown” Syndrome includes Altered state of consciousness, progressing from fatigue and lightheadedness to coma; flushing of the skin; fatigue and lightheadedness; nausea; difficulty breathing; anemias; abdominal pain; GI irritation; sedation; hypotension; and bradycardia. It can be caused by chemicals like phosphine, arsine, nitrogen, hydrogen sulfide, etc.
Gjovik discovered Apple's activities on February 21 2023 and posted in real-time on Twitter, writing: "APPLE IS DOING LITERAL ACTUAL GODDAMN SILICON FAB 0.2 MILES (0.3 KM) FROM THE APARTMENT WHERE I GOT SO SICK I THOUGHT I WAS DYING & APPLE VENTED THAT SHIT INTO THE AIR FROM THEIR ROOF & THE YARD NEXT TO THEIR "GAS BUNKERS" RIGHT INTO MY 3RD FLOOR APARTMENT." She added, "I've been making muffled screaming noises for about twenty-five minutes now. WTAF IS WRONG WITH THEM. THEY MUST HAVE KNOWN THEY DID THAT SHIT TO ME!!! No wonder they gave me that "extreme condition leave" to move out. Apple is the extreme condition."
On March 1 2023, Gjovik asked if any chemists followed her Twitter account and could weigh in on if NMP could cause the reaction she saw on her jeans. On March 2 2023 and for several days following, a Twitter account created specifically to interact with Gjovik about her claims about N-Methyl-2-pyrrolidone (NMP), “Sybil”, replied repeatedly to her posts. Sybil repeatedly claimed NMP is completely safe, not banned, and that Gjovik was lying about the yellow clothes and rusty jeans and it was occurring simply because Gjovik did not know how to do laundry properly. Even after blocking the NMP account, it continued to stalk Gjovik’s posts and continue posting, next calling for Gjovik’s account to be suspended due to supposedly spreading misinformation about NMP. Under information and belief, Sybil was Apple.
On March 11 2023, a fake account (“Comrade Jones”, sorry@butno.com) sent Gjovik an email claiming to be an ex-EPA compliance/enforcement employee. The account attempted to get Gjovik to stop talking about the vapor intrusion documentation for 825 Stewart Drive and tried to get Gjovik to stop talking about the NMP. The account made threats to intimidate Gjovik. The IP came from a location known for spam accounts. Under information and belief, “Comrade Jones” was Apple.
On June 12 2023, Gjovik filed complaint about Apple’s activities at 3250 Scott Blvd to US EPA, CalEPA, Santa Clara Fire Department and gave copies to the labor agencies investigating those charges into Apple. Gjovik alleged violations of The Clean Air Act (1970); The Resource Conservation and Recovery Act (1976); The Toxic Substances Control Act (1976); Comprehensive Environmental Response, Compensation, and Liability Act (1980); Emergency Planning and Community Right-to-Know Act; Pollution Prevention Act (1990); among others. Gjovik also noted the cover sheet that it was a potential RCRA § 7002(a)(1)(B) action, implying she believed the situation was “Knowing Endangerment” and if US EPA did not investigate she may sue to force an investigation. Gjovik’s complaint also accused Apple of criminal conduct at the site.
_________
Quoted from Ashley's federal civil lawsuit complaint and Dept of Labor OALJ complaints:
- Read more 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
Background
My complaints about my Apple Superfund office in 2021 (825 Stewart Drive) were the direct result of knowledge I gained from a traumatic experience in 2020 where I fell severely ill and became disabled living at a new apartment complex in Santa Clara (the Santa Clara Square Apartments).
Seven months into living there, I discovered the apartments were built on a toxic clean-up site (Superfund and Brownfield) and subsequent environmental exposure doctors diagnosed my illness as acute exposure to industrial chemicals, including solvent vapors.
Through the experience of advocating for further mitigation and public health intervention at the site in late 2020 and early 2021, I learned about the science and regulatory obligations for toxic waste clean-up sites. I published an expose in March 2021 which led to multiple additional exposure victims from that apartment complex next to Apple's factory to come forward.
In February of 2023, my Public Records Act requests revealed that in addition to the apartments being located on state and federal toxic waste clean-up sites, that my ex-employer, Apple, was also operating a secret semiconductor manufacturing plant < 300 feet from the windows of the apartments. I uncovered a number of regulatory violations and spills/leaks of very dangerous chemicals around the time I and others were ill.
Seven months into living there, I discovered the apartments were built on a toxic clean-up site (Superfund and Brownfield) and subsequent environmental exposure doctors diagnosed my illness as acute exposure to industrial chemicals, including solvent vapors.
Through the experience of advocating for further mitigation and public health intervention at the site in late 2020 and early 2021, I learned about the science and regulatory obligations for toxic waste clean-up sites. I published an expose in March 2021 which led to multiple additional exposure victims from that apartment complex next to Apple's factory to come forward.
In February of 2023, my Public Records Act requests revealed that in addition to the apartments being located on state and federal toxic waste clean-up sites, that my ex-employer, Apple, was also operating a secret semiconductor manufacturing plant < 300 feet from the windows of the apartments. I uncovered a number of regulatory violations and spills/leaks of very dangerous chemicals around the time I and others were ill.
2020 Video-Blog at the Apartments
I recorded some video-blogs of my experience at the apartment complex in 2020, and published a compilation on YouTube in 2022. I would not discover until 2023 that what I was experiencing was probably not vapor intrusion, it was likely Apple's silicon fab factory exhaust.
Santa Clara Square Apartments
Documents related to the Santa Clara Square Apartments in Santa Clara city, developed and managed by The Irvine Company.
Existing Public Resources:
FOIA Request: U.S. Environmental Protection Agency (EPA-R9-2021-004244)
Existing Public Resources:
- City ESA:
- EKI/2013 EIR:
- Final: Impact Sci/2015:
- Final Response Plan:
- Response Action Completion Report Phase II:
- Phase I (Apartments)
- https://www.envirostor.dtsc.ca.gov/public/deliverable_documents/9652333140/SCSA%20Phase%20I%20Completion%20Report%2020180706.pdf
- Phase II (Apartments): https://www.envirostor.dtsc.ca.gov/public/deliverable_documents/1200880289/Final%20SCS%20Apt%20Phase%20II%20Completion%20Report_4-15-19.pdf
- Land Use Restrictions Covenant:
- https://www.envirostor.dtsc.ca.gov/public/deliverable_documents/7759395778/Recorded%20Land%20Use%20Covenant.pdf
- https://www.envirostor.dtsc.ca.gov/public/deliverable_documents/1525210320/CLRRA%20for%203255%20scott%20LLC%20fully%20executed.pdf
- https://www.envirostor.dtsc.ca.gov/public/deliverable_documents/6047320306/Signed%20LUC.pdf
- Soil Characterization Reports:
FOIA Request: U.S. Environmental Protection Agency (EPA-R9-2021-004244)
- Topic: I would like to please request any reports and/or documented decisions related to the Zeta superfund site (CAD049233570) in Santa Clara, CA (R9). I cannot find any records about it other than this listing: https://cumulis.epa.gov/supercpad/cursites/csitinfo.cfm?id=0900216
- Link: https://foiaonline.gov/foiaonline/action/registered/submissionDetails?trackingNumber=EPA-R9-2021-004244&type=Request
- Submitted: 05/11/2022; Granted: 06/11/2022
Addition References and Resources
Cal EPA - CERS Profile
DTSC Envirostor - RCRA Site
US EPA - TRI, RCRA, and Clean Air Act
Santa Clara city - Public Records Request
My Resources:
DTSC Envirostor - RCRA Site
US EPA - TRI, RCRA, and Clean Air Act
- https://enviro.epa.gov/enviro/tri_formr_v2.fac_list?rptyear=2020&facopt=dcn&fvalue=1320219310885&fac_search=fac_beginning
- https://enviro.epa.gov/envirofacts/br/report?handlerId=CAR000278176&reportingYear=2017
- https://enviro.epa.gov/envirofacts/br/report?handlerId=CAR000278176&reportingYear=2019
- https://cumulis.epa.gov/supercpad/cursites/csitinfo.cfm?id=0902620
Santa Clara city - Public Records Request
- https://santaclara.nextrequest.com/requests/20-50
- https://santaclara.nextrequest.com/requests/23-127
- https://santaclara.nextrequest.com/requests/23-199
- https://santaclara.nextrequest.com/requests/23-517
- https://santaclara.nextrequest.com/requests/23-518
- https://santaclara.nextrequest.com/requests/23-548
- https://santaclara.nextrequest.com/requests/23-1209
My Resources: