To Whom it May Concern:

Following is a partial log of correspondence that has taken place between me and Virginia Commonwealth State and County officials; I believe it illustrates a divergence of legal procedure from one or more of the following:
Federal laws and statues regarding the removal and handling of asbestos.
State laws and statutes as well as construction and maintenance codes
Arlington County laws and statutes as well as county construction code. I do not purport to be an attorney or to fully understand litigation issues and law interpretation. Please keep in mind that my perspective is that of a concerned citizen rather than a legal representative. I ask forgiveness of any erroneous assumptions or misuse of terminology that I may have committed.





Dear Sir/Madam:


I am a resident of an apartment complex known as the Crystal Towers located at 1600 S. Eads Street, Arlington, VA 22202. My lease commenced in June 2006. Since September 2006, there has been an ongoing renovation project on the outside surface of the structure that includes "resurfacing" of balconies. My own balcony has been closed since February of this year.

My first concern is this. In February, I began noticing that I was having trouble with my eyes; often, I awaken in the morning to find my eyelids crusted over and they are constantly irritated. I believe this is due to the presence of concrete dust caused by the construction project. The balcony door and windows have no protective stripping and a coating of dust is readily visible every day on surfaces within my unit, even though they have been cleaned the day before. I began to have problems with my contact lenses and went to an ophthalmologist. She said that my eyes, especially the right one showed definite signs of irritation due to some kind of pollutant, quite possibly concrete dust.



Mr. ------- ------ is the in-house representative of this project known as the "Slab Edge Project." Mr. ------ recently circulated a memo regarding sealing residents outside windows and doors with plastic taping as protection against the concrete dust (This has not been done). The memo also indicated work was just starting in the North tower in May 2007; however concrete jackhammering has been and continues to be in effect in the North tower since February 2007.

Other issues include:

The lease has been broken by the Landlord through their mismanagement of the building. For example, I rented an apartment with a large balcony. I cannot even open my windows and the balcony has been closed for the past four months. All day, every week day, there is a constant noise from jack hammering and construction of such a level as to make conversation in the unit impossible.
The building management sends out contradictory communications regarding the resurfacing project related to when the project will be finished, etc. They have "set up hospitality units" where tenants can go to escape the noise in their own units!

There have been numerous complaints that I have made regarding the electrical wiring in the building. If I turn on a vacuum cleaner, for example, the fuse short circuits for an entire area of the unit. One day, I smelled electrical smoke - I communicated this to the management of the building and received no response. It seems to me that this could endanger the lives of literally hundreds of people living in the building.

Due to a settlement, I am not mentioning numerous other issues that have occurred prior to March 20, 2007, however the fact that a settlement was made should indicate Management's understanding of its own culpability regarding "building problems."


Is there some way to initiate a complaint and investigation into this matter' I have communicated my concerns to the building management and have not received a satisfactory or even consistent reply. I am writing to ask if the Department of Environmental Protection Agency may be able to help me. I really don't know where else to turn.


Dear Mr. -----:
Thank you for your follow up; As I have continued research about asbestos toxicity and Federal policies governing its handling I have become increasingly alarmed about the nature of this project and its possible consequences to residents' health. As I read about the different types of asbestos and diseases such as

1.Mesothelioma, which is a cancer that is usually caused by some exposure to asbestos. In this disease, malignant (cancerous) cells form in the mesothelium, a protective lining that covers a lot of the body's internal organs. Its most common area is the pleura (outer lining of the lungs and chest. A mesothelioma is a highly aggressive tumor that is generally deadly. Current treatment of malignant mesothelioma is designed to make the person with cancer comfortable. Long-term survival cannot usually be expected.

2. Asbestosis. Asbestosis is a progressive disease which may develop fully in 7 to 9 years and may cause death as early as 13 years after the first exposure. In many cases, though, the latency period is 20 years or more. When asbestos fibers (sometimes so small they are invisible) are inhaled, they lodge in and irritate the lung. This irritation sets up a reaction -- an inflammation in the small air tubes and sacs of the lung. As the inflammation heals, it leaves scar tissue, called fibrosis. In the lung, this fibrosis causes the lining of the air sacs to thicken so that it is hard for oxygen to pass from the air into your bloodstream. Slowly, as the scarring progresses, the person begins to suffocate.
3. (Other) Cancer. The most serious hazard of exposure to asbestos is cancer, and it takes less exposure to asbestos to cause cancer than to cause asbestosis. Two kinds of cancer are very strongly related to asbestos: lung cancer and mesothelioma (outlined above). In addition, asbestos also causes cancer of the throat, stomach, esophagus, and bowel. Lung cancer caused by asbestos exposure is the same kind of cancer as that caused by smoking. It is hard to diagnose early, it spreads rapidly, and can rarely be cured.

4. Gastrointestinal cancer is a general term for several different cancers of the digestive system. It includes cancers of the esophagus, stomach, colon, and rectum. These are thought to be caused by the swallowing of asbestos fibers; most of these cancers are not curable.

According to OSHA's web site, in order to comply with Federal laws, there should be signs posted indicating where the presence of asbestos is being disturbed; since my lease states that it is present in my ceiling, and I have been experiencing some allergic reactions, I am very concerned that airborne friable asbestos may be present in my unit and throughout the building. The key to asbestos toxicity is apparently its disturbance, rendering particles into the air we breathe (I did not understand this before.)

My lease also states that an asbestos management plan is in place; I have not seen any evidence of this and as indicated earlier have noted that appropriate precautionary measures are not evident in the structure. I have decided that for me, this is not about civil proceedings or compensation -- it is about my health and the health of other residents in the building. It is also about whether criminal negligence is present on the part of the building's owner since, according to Federal regulations the owner is responsible for ensuring that all proper precautionary measures and testing are in place as well as proper permits and incenses. I have no interest in following up on civil issues at this time. I do have an interest in determining what levels and which kinds of asbestos I may have been exposed to over the past nine months.

I noticed that the permit issued in January 2007 states that the asbestos removal project (which has not been mentioned to tenants as such; instead, it is referred to as a slab edge project primarily dealing with concrete dust issues) began on 6 Feb, 2007; noise and vibrations from jack hammering, drilling and dust have been a problem in my are of the structure since September 2006. Did the contractor (Environmental Group) hold a permit prior to January 2007 for asbestos removal at 1600 S. Eads Street, Arlington, VA 22202'

In closing, I am not asking you to answer all of these questions. I am requesting that if possible, you may direct me to which division at the state or Federal levels might be able to provide me with a measure of reassurance regarding what is for me an alarming discovery.

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