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Voter News and Issues ~ Helpcom.net - Asbestos contamination cover up by U.S. Navy
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Asbestos contamination cover up by U.S. Navy
Posted on Monday, September 19 @ 10:35:54 MST by david

Corruption & Govt. & Business/Society

Asbestos contamination cover up by U.S. Navy


Violation of Executive Order 13508-- Chesapeake Bay Protection and Restoration
Federal Clean Water Act,
the 1863 Federal False Claims Act
the Honest Services Doctrine as codified in U.S. Code 18 U.S.C. 1346.
Says Local Contractor

HCN has learned that the U.S. Navy has/is been covering up that for the past 20+ years that the building[s] on the Norfolk Naval Base [NOB] have been polluting the air and water ways of Virginia’s waterways.

According/via a contractor’s employee HCN also learned that the NOB Public Works Department [PW] has known about the issue for a like period of time and has done nothing to fix it.

In a recent attempt to further cover up the problem PW contracted with a long time preferred affirmative vendor of the Navy to spray over one of the suspect buildings.

The issue lays on the desk of Lame Duck President Obama, Lame Duck Attorney General Lynch, Lame Duck the Secretary of Defense, Lame Duck Secretary of the Navy, Lame Duck Chief of Naval Operations, FBI, U.S. Attorney for the Eastern District of Virginia, NCIS ~ Norfolk, the Navy’s Inspector General, Base Commander~NOB, PW-Norfolk, U.S. Lame Duck Congressman Scott Rigell, U.S. Lame Duck Congressman Randy Forbes, U.S. Congressman Bobby Scott, Vice-Presidential Tim Kaine, EPA, and the Virginia Department of Environmental Quality.

From this commentator’s perch is seems not one of the aforementioned person /entities has any interest in addressing this public health issue that cause cancer.

It has been reported to all of the above:

I am writing to make you aware that your Executive Order 13508-- Chesapeake Bay Protection and Restoration is being violated on Naval Station Norfolk, commonly referred to as NOB. In addition to your Executive Order, I will also cite violations of the Federal Clean Water Act, the 1863 Federal False Claims Act and the Honest Services Doctrine as codified in U.S. Code 18 U.S.C. 1346.

Additionally, a local law firm representing a general contractor to the US Navy is stooping to textbook extortion by threatening to sue your relator [the undersigned] for his meeting the requirements of federal law by recounting to the agencies of the federal government the conduct of the aforesaid contractor that appears to your relator to violate the aforesaid laws of the United States. The extortion consisting of a threat to sue the relator for libel and slander if the relator fails to yield to the law firm’s demand to the relator [ to cease and desist] that the relator not comply with federal law and report the aforesaid violation of law that your relator has been asked to patriciate in. The law firm’s attempt to silence me if in itself denying my First Amendment right "to petition the government for a redress of grievances." Please see the attached letter from the law firm. They specifically cited my copies to US Senators and the FBI as defaming their client. All of these acts by the law firm have taken place after I have claimed federal Whistle Blower status in a matter that should have begun and ended quickly as a relatively simple contractual matter but has quickly escalated to felony violations on the part of Navy Civil Service employees and their contractor of the federal acts and doctrines enumerated above.

A report date to commence the job of 9 May 16 was stipulated to us by the project manager. Dutifully, we reported with two large application trucks, two crews, a 40’ capable JLG and ancillary equipment ready, willing and able to do the job. A close inspection revealed that over a very wet winter, the majority of the roof underlayment had become saturated.

For the first time we were also granted access to the interior of the building at which time we observed dark stains on the floor of the suspect Asbestos contaminated building from decades of roof leaks from above. The Navy site worker who unlocked the door pointed out to us that it literally "rained" inside the building during storms. Odd that nobody ever previously mentioned that to us! My men gathered a sample of the saturated roofing material that was literally "adrift" on top of the roof and I brought it to the project manager of the contractor inside a sealed Tupperware container.

At that time, I advised the project manager that we could not proceed due to the saturated material. I also advised that the material appeared to me to contain asbestos due to the age of the roof and is thus explained. Until the 1970’s, asbestos was considered a vital component for an array of roofing material, pipe insulation and brake pads. I strongly suggested that the roof material sample be tested for asbestos. To this day, I have never seen a report of any test for asbestos on that sample causing me to seek independent testing of the roof material which has not been allowed.

The Navy called for a halt to the operations on 9 May 16 and we were instructed to contact the roofing material manufacturer for their guidance. On 11 May 16, the manufacturer gave us simple advice: DO NOT SPRAY OVER THAT ROOF! In fact, they stated emphatically that they would not offer a ten year warranty as stipulated that we provide in our contract with the general contractor; and, it goes without saying that we could never apply the material in accordance with the manufacturer’s specific application guidelines as was also a line item in the contract between the parties. The manufacturer advised that all the old roofing material had to be removed in that same letter of 11 May 15. We were asked by the Navy through their contractor to submit a bid to remove the old roofing material [we really don’t know if the Navy did that] and we did so on 24 June 16 after considerable delays caused by what the Contractor says is the Navy’s delays of asking for the quote.

The entire summer passed. On 22 July 16, the project manager for the contractor advised that he had just heard from the Navy that they were going to disregard the manufacturer’s warning contained in their letter from 11 May 16 and they wanted another letter from the manufacturer reinforcing that there would be no warranty on this job. The manufacturer responded with their letter dated 25 July 16.

The Navy the contractor says sent a team of "engineers" to inspect the building and their advice was to simply spray the new material over the saturated roof .

WE received a copy of an email that the contractor alleges that on Wednesday, 17 August 16, the Navy sent the project manager an email stating emphatically that the new roofing material be "applied ASAP."

I responded by forwarding a "Memorandum of Understanding" for the Navy to execute that put in writing all the verbal and secondhand promises [a change order] of not holding the contractor[s] liable for the defects that were bound to happen and the other change in contract terms. The contractor first advised that the Navy said it had no problem with the changes to be made to the contract but later the contractor advised that the Navy rejected that Memorandum and did not offer an alternative nor did they ever offer a change order to our original contract.

I sent an email to the project manager advising him that "we cannot respond to your request for service." On 21 August 16, I sent the project manager an invoice for $30,000.00 and a statement for $48,500.00 which represented the balance due on the original bid as well as an amended quotation I considered the matter closed as I expected payment to end our contractual relationship.

I was sent an email by contractor alleging that I was "in default." Of the contract I responded that I was most certainly NOT in default and I cited numerous reasons why I was not, most notably among the reasons was [1] I showed up ready willing and able to do the job and the Navy failed to deliver the roof in the condition needed as set out in the terms of the agreement [2] that if I was to do as they were demanding, that I would be breaking our original contract, conspiring to violate both the Federal False Claims Act and the Federal "Honest Services Doctrine

To the list of federal violations cited above, Mr. President, we asserted then, as we are now that if we were to proceed as directed we would be in violation of the federal Clean Water Act , your Executive Order 13508 –Chesapeake Bay Protection and Restoration, EPA standards, and OSHA guidelines for dealing with hazardous materials due to asbestos contamination going airborne as well as dripping into the soil and adjacent navigable waters off the roof.

This is a disgusting situation and one that we warned about early on in the process. Now, it appears that there may be a huge conspiracy [a criminal enterprise] evolving the Public work employees of NOB and the contractor to spray over all the asbestos laden materials to attempt to stem the flow both into the air and into the water table. We are not investigators, but many of the federal entities on this "cc" list are and can document our concerns.

Thank you for your kind attention to this matter since you have demonstrated a deep concern for environmental issues. As a matter of course, we are declaring federal Whistleblower status and issue an alert for filing a Qui Tam suit over this matter.

Any government entity / agency / employee / agent / contractor in receipt of this Document is to consider this Document written under; The rights granted to the Undersigned and the sender under the umbrella of [1] the Constitution of the United States; [2] its 1st and 14th amendment; [2.A.] the Federal Freedom of Information Act (Enacted on July 4, 1966); [2.B.] Federal Whistle Blower Acts [FWBA], by whatever names they might be called; [and by a copy of this document to Federal Inspector General[s] and the U.S. Attorney General this writer is making a claim for a reward as set out and provided for in the FWBA for acts that touch and concern violations of;

The Federal False Claims Act[s];

1863 False Claims Act;

31 U.S.C. § 3729 [Civil False Claims Act];

18 U.S.C. § 284;

18 U.S.C. § 1014 [U.S. v. Wells];

18 U.S.C. § 287;

18 U.S.C. § 1001 [False Statements Act];

The "honest services" doctrine codified in U.S. Code 18 U.S.C. § 1346 [United States v. Frost, 125 F.3d 346, 368 (6th Cir. 1997)],United States v. Vinyard, 266 F.3d 320, 326-327 (4th Cir. 2001) ;

Be aware that this request may be in the UARF’s best efforts to gather evidence in accordance with the Qui Tam promulgations of The Federal Government of the U.S. in the instant and/or other matter(s) and the contents will be in Under Seal and in Camera.

In your response please be sure to preserve your rights as stated/provided for in the 5th. amendment to the U.S. Constitution.

 

cc: Ash Carter, Secretary of Defense

Ray Mabus, Secretary of the Navy

Admiral John M. Richardson, Chief of Naval Operations

Senator Mark Warner

Senator Tim Kaine

Captain Douglas Beaver, Base Commander

Congressman Bobby Scott

Congressman Scott Rigell

Congressman Randy Forbes

NCIS

Navy IG

FBI Special Agent-in-Charge, Chesapeake

Dana J. Boente, US Attorney, Eastern District of Virginia

 


 
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Associated Topics

National DefenseStop The Gag of Political CorrectnessThe Junk Yard DogFake News AlertUSA  United StatesVirginia Beach Govt. Criminal EnterpriseWhat Government Promises??


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