Case 3:23-cv-04597-EMC Document 138 Filed 11/20/24 Page 1 of 78
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`Ashley M. Gjovik , JD
`In Propr ia Persona
`2108 N St. Ste. 4553
`Sacramento, CA, 95 816
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`(408) 883 -4428
`legal@ash ley gjov ik .com
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`United States District Court
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`Northern District of California
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`D.C. Case No. 3:23 -CV-04597 -EMC
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`Ninth Circuit Case No. 24 -6058
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`Ashley M. Gjovik,
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`an individual,
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`Plaintiff,
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`Plaintiff’s Fifth
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`Amended Complaint
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`Nov. 20 2024, Abbreviated Version
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`No substantive changes from Dkt. 128.
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`Claims: Civil Litigation
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` vs.
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`Apple Inc.,
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` a corporation , et al.,
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`Defendant.
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`Case 3:23-cv-04597-EMC Document 138 Filed 11/20/24 Page 2 of 78
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`Table of Contents
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`TABLE OF CONTENTS ........................................................................................................ II
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`SUMMARY OF THE CASE ..................................................................................................... 1
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`JURISDICTION & VENUE .................................................................................................... 2
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`PARTIES ............................................................................................................................... 3
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`PROCEDURAL HISTORY ..................................................................................................... 3
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`STATEMENT OF FACTS ...................................................................................................... 4
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`LEGAL CLAIMS ................................................................................................................... 41
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`COUNT ONE: WRONGFUL DISCHARGE IN VIOLATION OF PUBLIC POLICY ............................................ 43
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`COUNT TWO: CAL. WHISTLEBLOWER PROTECTION ACT (CAL.LAB.C. § 1102.5) ................................ 45
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`COUNT THREE: CAL. LABOR CODE § 6310 ............................................................................................ 47
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`COUNT FOUR: CAL. LABOR CODE § 98.6 ............................................................................................... 48
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`COUNT FIVE: PRIVATE NUISANCE .......................................................................................................... 51
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`COUNT SIX: IIED – FEAR OF CANCER .................................................................................................... 54
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`COUNT SEVEN: IIED – OUTRAGEOUS CONDUCT .................................................................................. 58
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`PRAYER FOR RELIEF .......................................................................................................... 74
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`CERTIFICATION AND CLOSING ........................................................................................ 75
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`Fifth Amended Complaint | D.C. Case No. 3:23-CV-04597-EMC
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`Case 3:23-cv-04597-EMC Document 138 Filed 11/20/24 Page 3 of 78
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`Summary of the Case
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`1. This lawsuit arises from Apple Inc’s (Defendant, or “Def.”) reckless disregard of
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`environmental regulations & safety requirements at two different Silicon Valley properties, &
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`subsequent concealment of their unlawful acts & the extensive harm they caused.
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`2.
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`In 2020, Apple severely injured & nearly killed Ashley Gjovik (Plaintiff, or “Pl.”) with
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`Apple’s unlawful toxic waste dumping from a stealth semiconductor fabrication facility in Santa
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`Clara, Cal. (Pl. did not discover that Apple was responsible for her injuries until 2023, but Apple is
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`believed to have known by mid-2021). In 2021, Pl. also exposed that Apple was violating health,
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`safety, & env. rules & regulations at her team’s office located on a triple Superfund site in
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`Sunnyvale, California (“the Triple Site”).
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`3. Pl. filed env. & safety complaints & partnered with numerous gov. agencies to document &
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`investigate the issues. Apple repeatedly made statements to Pl. instructing her not to talk to her
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`coworkers or the gov. about her safety & compl. concerns, pressured her to not ask questions,
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`prevented her from gathering evidence, & attempted to conceal their unlawful activities from her
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`& from the government.
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`4. Apple mgmt. retaliated against Pl. as soon as Pl. started asking questions & expressing
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`concerns, repeatedly said the retaliation was because of her safety & env. complaints, they incited
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`& encouraged others to harass & intimidate Pl., & Apple took negative employment actions against
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`Pl. in an attempt to coerce her to quit the company; but when she did not quit, Apple fired her.
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`5. Apple’s explanation for terminating Pl. has changed multiple times, was not shared at all
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`with Pl. until a week after her termination, & the proffered reason is pretextual but unlawful itself.
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`Over three years later, Apple still has not disclosed who initiated the decision to terminate Pl.’s
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`employment & has refused Pl.’s requests for them to provide this info.
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`6. During Apple’s marathon of retaliation against Pl. in 2021, Pl. was in law school studying
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`to become a human rights lawyer. She was in a unique position to effectively report serious env. &
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`safety issues, & to lobby for general policy reform. Pl. utilized her knowledge, experience, &
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`resources to confer with numerous gov. agencies, to meet with a variety of elected officials & their
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`Fifth Amended Complaint, Abbrv. | Case No. 3:23-CV-04597-EMC
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`Case 3:23-cv-04597-EMC Document 138 Filed 11/20/24 Page 4 of 78
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`staff, to publish op-eds calling for new legislation, was interviewed & written about by the press, &
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`served as a witness for gov. agencies & leg. committees.
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`7. Pl. spoke out publicly, organized with her coworkers, lobbied on their behalf, & called for
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`systemic change with Apple’s env. & labor practices. Pl.’s public advocacy also brought awareness
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`to her prior neighbors of the pollution issues where she had lived in 2020, leading to additional
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`chem. exposure victims coming forward & joining Pl. in complaining to the gov. & requesting help.
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`8.
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`In 2021, Pl. filed timely retaliation & discrim. complaints with multiple admin. agencies
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`including the U.S. NLRB, U.S. EEOC, U.S. DOL, Cal. DOL, & Cal. DFEH. The EEOC & DFEH
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`claims were merged into this civil lawsuit. The U.S. DOL whistleblower retaliation case is currently
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`with the Administrative Review Board. U.S. NLRB is actively prosecuting Apple over their
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`unlawful employment policies, per Pl.’s Oct. 2021 charge. NLRB will initiate prosecution
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`imminently against Apple for its retaliation & unfair labor practices committed against Pl.,
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`including suspending her & terminating her employment. [29 U.S. Code § 158].
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`9. Over the last three years, due to Pl.’s investigations & advocacy, there have been multiple
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`gov. inspections of Apple’s two facilities noted above, resulting in citations for env. & safety
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`regulatory violations, ordered corrective actions, & required monitoring. Pl. still speaks with the
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`U.S. EPA (“EPA”) regularly as a community advocate about Apple & the two facilities. Apple
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`continued harassing & retaliating against Pl. after she was fired & through current day, intentionally
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`interfering with & severely damaging her career, reputation, relationships, finances, physical
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`condition, mental health, & just about every other aspect of her life.
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`Jurisdiction & Venue
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`10. The U.S. Dist. Courts have diversity jurisdiction over this case because the amount in
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`controversy exceeds $75,000 & the parties are of diverse state citizenship. [28 U.S.C. § 1332].
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`When the complaint was filed, Pl. was domiciled in the state of NY & is now domiciled in the
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`Commonwealth of Massachusetts. Def. is a corporation hq’d in Cal. Venue is proper in Dist. Court
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`of Nor. Cal. because Apple is headquartered & operates in this district. Many of Pl.’s claims arose
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`from acts, omissions, & injuries within the Dist. of Nor. Cal. [Civil L.R. 3-5(b)].
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`Fifth Amended Complaint, Abbrv. | Case No. 3:23-CV-04597-EMC
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`Case 3:23-cv-04597-EMC Document 138 Filed 11/20/24 Page 5 of 78
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`Parties
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`11. Ashley Gjovik, (“Pl.”), is a natural person currently domiciled in Boston, Massachusetts.
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`Pl. holds a recently awarded Juris Doctor degree from Santa Clara University School of Law & is
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`appearing Pro Se. Pl. is a 38-year-old white woman with multiple disabilities including ADHD,
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`PTSD, anxiety, panic disorder, depression, & autism. Pl. was an employee of Apple Inc from Feb.
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`2015 through Sept. 2021. Pl. held a leasehold at a Santa Clara residential property at 3255 Scott
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`Blvd, adjacent to Apple’s semiconductor fab. at 3250 Scott Blvd in Feb. 2020 through Oct. 2020.
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`Pl. established a consulting LLC in Cal. in 2022, which she continues to manage with a virtual office
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`in Sacramento. The LLC address is used on papers for privacy.
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`12. Apple Inc. is a business engaged in & affecting interstate commerce & a covered entity
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`under the federal statutes at issue here. Apple is a corporation hq’d at One Apple Park Way in
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`Cupertino, Cal. Apple says it “designs, manufactures & markets smartphones, personal computers,
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`tablets, wearables & accessories, & sells a variety of related services.” As of Nov. 2024, Apple Inc.
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`claimed a market cap of $3.4T & annual revenue of $394.33B. At all pertinent times, Apple was the
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`tenant & operator controlling the facilities at both 825 Stewart Dr. in Sunnyvale & 3250 Scott Blvd.
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`in Santa Clara, Cal. At both properties, Apple registered its state & federal RCRA activities under
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`its own name & with Apple EH&S as the contact for the gov. & public.
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`Procedural History
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`13. Pl. now files her 5th Amended Complaint (“5-AC”), in an abbreviated version but with the
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`same substantive content as the prior 5-AC version. Pl. filed her original complaint on Sept. 7 2023.
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`The 1st Amended Complaint was filed in Oct. 2023 per stipulation, in order to allow Apple more
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`time to prepare, as needed due to Apple’s delayed arrival in court. The 2nd Amended Complaint
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`was filed on Dec. 21 2023 as a matter of course but was dismissed sua sponte by this court without
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`prejudice & with leave to amend on Jan. 30 2024, ordering Pl. to reduce the complaint length by
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`over 500 pages. The 3rd Amended Complaint was filed on Feb. 27 2024, met with a Motion to
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`Dismiss & Motion to Strike, & was ruled upon with a decision & order issued May 20 2024. The
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`4th Amended Complaint was filed on June 18 2024, also met with Motions to Dismiss & Strike, &
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`Fifth Amended Complaint, Abbrv. | Case No. 3:23-CV-04597-EMC
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`Case 3:23-cv-04597-EMC Document 138 Filed 11/20/24 Page 6 of 78
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`was ruled upon with a decision & order issued Oct. 1 2024. Pl. was ordered to revise her complaint
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`again.
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`14. On Oct. 1 2024, Pl. filed an appeal to the 9th Circuit Court of Appeals, contesting denied
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`injunctions, collateral orders, & the dismissal with prejudice of dozens of her claims mostly due to
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`discretionary procedural reasons not related to the potential merit of the claims. Pl. filed a pending
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`Motion to Stay pending appeal.
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`15. If the 9th Circuit accepts the appeal, Pl. intends to appeal at least the dismissals of her
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`claims for RICO §§ 1962(a) & 1962(d); RICO §§ 1962(c) & 1962(d); whistleblower retaliation under
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`the Sarbanes–Oxley & Dodd-Frank Acts; violations of the Bane Civil Rights Act & the Ralph Civil
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`Rights Act; Ultrahazardous Activities; Absolute Nuisance; Nuisance Per Se; Cal. Business &
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`Professions Code §§ 17200 et seq.; Cal. Labor Code § 6399.7 & the “Right to Know” generally;
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`Breach of the Implied Covenant of Good Faith & Fair Dealing; Negligent Infliction of Emotional
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`Distress; IIED with a basis of defamation & accusations of dishonesty; retaliation for protected
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`labor complaints about slavery, apartheid, genocide, & “Muslim human rights”; & whistleblower
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`protection for protected disclosures about smuggling, violations of sanctions, violations of env.
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`laws, federal crimes committed in furtherance of violations of env. laws, racketeering, & certain
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`privacy invasions violating the Cal. Constitution.
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`Statement of Facts
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`16. Location 1: 3250 Scott Blvd, Santa Clara: In early 2015, Apple started stealth
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`semiconductor fabrication (“fab.”) activities in a facility located at 3250 Scott Blvd. in Santa Clara,
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`Cal. Like some sort of skunkworks, Apple codenamed the facility “ARIA” & even tried to use the
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`codename on regulatory paperwork.
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`17. The ARIA fab. operated less than 300 ft from thousands of homes where Pl. lived in 2020
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`(Santa Clara Square Apartments, “SCSA”). Also within 300 ft from the building were two public
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`parks (Creekside Park & Meadow Park), picnic tables, outdoor fitness stations, & a children’s
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`playground. Within 1000 ft of ARIA there was also a church, a school, elder care facility, & the San
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`Tomas Aquino Creek & public trail. (the Creek flows to the SF Bay & then into the Pacific Ocean).
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`Fifth Amended Complaint, Abbrv. | Case No. 3:23-CV-04597-EMC
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`Case 3:23-cv-04597-EMC Document 138 Filed 11/20/24 Page 7 of 78
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`18. Upon initiating operations at ARIA, Apple was quickly cited for building, env., health,
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`safety, & fire code violations in at least 2015 (stop work order due to construction without permits),
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`2016 (spill of cooling water into storm drains, fire code & Cal. ASPA violations, health & safety
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`code violations, failure to properly monitor wastewater discharge), 2019 (wastewater testing
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`violations), 2020 (fire code violations, using two EPA ID numbers, inaccurate hazmat inventory
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`data, no spill plans or training, no business permit, no signature from supervisor on records, &
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`failure to properly monitor wastewater discharge again).
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`19. Apple intentionally vented its fab. exhaust, unabated, & consisting of toxic solvent vapors,
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`gases, & fumes, into the ambient outdoor air. The factory was one story, while the apartments were
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`four stories high, creating a high likelihood that Apple’s factory exhaust entered the interior air of
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`the apartments through open windows & the 'fresh air intake' vents.
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`20. City Fire Dept. records for ARIA contain at least sixteen chem. spill/leak incident reports
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`at ARIA within only three years. These incident reports included eight confirmed leaks/spills: leaks
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`of phosphine & silane on June 1 2019; a phosphine leak on Oct. 21 2019; a Tetraethyl Orthosilicate
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`(“TEOS”) leak on July 17 2020; a major phosphine leak on April 30 2021; a 5% fluorine gas leak
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`on April 18 2022, a Hexafluorobutadiene leak on May 29 2022, & leaks of two unnamed toxic gases
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`on Sept. 20 2022 & Dec. 21 2022. Further, later in 2021-2022, Apple reported to the gov. that in
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`the year 2020, Apple released at least 7.8 tons (15,608 pounds) of VOCs & 260 pounds of the
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`combustible solvent N-Methyl-2-pyrrolidone (NMP) into the exterior air around ARIA. In 2022,
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`the EPA severely restricted the legal use of NMP as “it presents an unreasonable risk of injury to
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`human health” under TSCA.
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`21. Per a review of Apple’s manifests, Apple did not replace the carbon/charcoal in its exhaust
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`system for over five years, with the first replacement occurring Dec. 14, 2020 – only after Pl. had
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`notified Apple EH&S & env. legal about what occurred to her near ARIA. Apple also reported to
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`the Bay Area Air Quality Management Boar, in difficult to find agency filings, that in at least 2019-
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`2021, ARIA exhausted reportable amounts of mercury, arsenic, carbon monoxide, & formaldehyde
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`into the ambient air around the factory.
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`22. Apple’s leaks, spills, & releases were not limited to the air. Apple’s wastewater discharge
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`Fifth Amended Complaint, Abbrv. | Case No. 3:23-CV-04597-EMC
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`monitoring repeatedly showed the presence of heavy metals & organic solvents. In 2017, the gov.
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`mandated testing revealed the presence of 29 μg/L of 1,1-Dichloropropane, 24 μg/L of
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`Trichloroethylene (“TCE”), & 6.7 μg/L of Ethyl tertiary-butyl ether (ETBE). Among other issues,
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`it’s unclear why Apple had TCE on site but not in any of its chem. inventories, & then, in addition,
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`why exactly Apple was pouring that TCE down the drain.
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`23. ARIA reported an average daily water usage of around 44,000 gallons per day & the sewer
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`pipes carrying ARIA’s discharges flowed downhill & directly around the apartment where Pl. lived
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`in 2020. In 2020, the gov. had already started investigating the plumbing at her apartment as a
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`possible vector for some unknown solvent vapor pollution.
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`24. Apple was fully aware of this facility & its operations, including the vast amount of haz.
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`materials & haz. waste, as every year, Apple submitted a financial assurance document to the Santa
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`Clara Fire Dept. which detailed haz. waste treatment & disposal operations, & was signed by
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`Apple’s CFO, Luca Maestri – including affixing a company seal. Each financial assurance filing also
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`attached a detailed confirmation letter from Apple’s third-party auditor, E&Y, on behalf of Apple.
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`Maestri was also on the email distribution list for notification of haz. waste violations at the facility.
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`25. Pl.’s Chemical Injuries in 2020: In Feb. 2020, Pl. moved into a large, new apartment at
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`the SCSA (adjacent to ARIA) & quickly became severely ill. Pl. suffered severe fainting spells,
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`dizziness, chest pain, palpitations, stomach aches, exhaustion, fatigue, & strange sensations in her
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`muscles & skin. Pl. also suffered bradycardia, volatile B.P. with hypertension & hypotension & a
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`high frequency of premature ventricular contractions. From Feb. - Sept. 2020, Pl. was screened for
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`multiple severe & fatal diseases & disorders, including M.S., brain tumors, deadly arrhythmias, &
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`NMO – but instead, all of Pl.’s symptoms were consistent with chem. exposure. Due to the solvent
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`exposure, Pl. also suffered skin rashes, burns, & hives, & her hair fell out & she had a shaved head
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`for nearly a year as the bald patches slowly grew back.
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`26. Due to the sudden illness, Pl. visited the E.R. on Feb. 13 2020, & Urgent Care (at AC
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`Wellness, Apple’s for-profit clinic) on Feb. 20 2020. Pl. subsequently consulted with dozens of dr.s,
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`who screened her for all sorts of diseases, subjecting Pl. to extensive blood draws, urine samples,
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`injections, & scans – including potentially dangerous procedures like MRI & CT scans with
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`Fifth Amended Complaint, Abbrv. | Case No. 3:23-CV-04597-EMC
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`Case 3:23-cv-04597-EMC Document 138 Filed 11/20/24 Page 9 of 78
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`contrast, of which Pl. had multiple. Pl. was too sick to work & went on disability.
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`27. Pl. transitioned her medical care to a different clinic & provider after her Apple primary
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`care provider at AC Wellness refused to help her triage her 2020 medical issues (due to exposure
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`to Apple’s factory exhaust). Instead, she suggested Pl. could be suffering from anxiety, & enrolled
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`Pl. in an Apple internal user study related to B.P., requiring Pl. share her iPhone medical & fitness
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`data with Apple, & participate in weekly life coaching sessions (while being exposed to Apple’s
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`solvent vapor & gas exhaust).
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`28. While sick in 2020, Pl. would wake up occasionally at 3 AM feeling like she was dying &
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`with symptoms of heart failure & asphyxia. Heart monitoring showed arrhythmias, bradycardia, &
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`low B.P. On Sept. 2 2020, Pl. discovered elevated levels of volatile organic compounds (“VOCs”)
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`in her home. What immediately captured Pl.’s attention was the large spike in VOCs had occurred
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`the night prior, around 3 AM, while she had been suffering from a “dying” spell.
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`29. Pl. sought out multiple occupational & env. exposure dr.s, who told Pl. that all of her
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`symptoms were consistent with solvent & other chem. exposure. After Pl. discovered her medical
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`issues at the apartment were due to a chem. emergency, Pl. quickly filed complaints with Santa
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`Clara City HazMat / Fire Dept., Cal. EPA DTSC & BAAQMD, & EPA. She also called Poison
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`Control, who said what she described also sounded like Benzene exposure. (Note: Apple reported
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`it was exhausting benzene into the air).
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`30. Notably, almost all of the reported toxic gas leaks during the time frames Pl. had complained
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`in 2020 that her symptoms seemed to always be the worst around 8-9 AM, 10-11 PM, & sometimes
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`around 2-3 AM. One of the few chem. spills that did not occur during those times was root caused
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`to an Apple engineer “accidently” turning on lethal fluorine gas. Similarly, another incident was
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`root caused to an Apple engineer accidently installing the gas for a tool “backwards.” Less than 2
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`weeks following the April 2021 phosphine leak, Apple’s manifests included 60lbs of “vacuum filters
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`contaminated with glass dust,” implying there may have been a phosphine explosion.
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`31. The TEOS leak occurred on July 17 2020. That day Pl. was suddenly covered in hives,
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`rashes, & skin abnormalities. She visited a dermatologist who had no idea what caused the rash.
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`32. In Sept. 2020, Pl. hired an industrial hygienist to test the indoor air at her apartment. She
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`Fifth Amended Complaint, Abbrv. | Case No. 3:23-CV-04597-EMC
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`purchased an inspection, soil testing, & a two-hour sorbent tube-based TO-17 air panel. Only half
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`the total contaminants were accounted for in the test & the Cal. EPA informed her that testing with
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`Summa canisters for 24hrs is superior & would have yielded better results. Still, Pl.’s limited testing
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`returned results showing a number of the chemicals in use by Apple at ARIA including acetone,
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`acetonitrile, acetaldehyde, benzene, 1,2-dichloroethane, ethanol, ethylbenzene, hexane,
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`isopropanol, isopropyl toluene, methylene chloride, toluene, & xylene.
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`33. In Sept. 2020, Pl. set up additional air monitors to observe the levels of VOCs in her
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`apartment next to the ARIA factory (though she was not aware of the factory exhaust at that time).
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`The results of the data validated what Pl. had noticed with her symptoms & ad hoc testing – that
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`the VOCs mostly spiked early in the morning & late at night as if they were being exhausted from
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`an automated mechanical system (which it was). Pl. notified several Apple executives of her findings
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`& activities, including her managers Powers & West, & her friends J.C. & A.A.
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`34. In Sept. 2020, Pl.’s blood & urine medical tests returned results with industrial chemicals,
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`including arsenic, mercury, toluene, & xylenes. Also noteworthy are the symptoms of Pl.’s 3 AM
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`attacks, (including both subjective reporting & physical real-time heart monitoring) match
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`phosphine & arsine gas exposure. Both phosphine & arsine are very dangerous, exposure can be
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`fatal, & there are no antidotes. Apple has a significant quantity of arsine gas onsite, & Pl.’s medical
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`tests from Sept. 2020, on the morning after a 3 AM attack, revealed significant arsenic in her blood
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`with no other explanation than arsine gas exposure within the prior 8hrs.
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`35. In Sept. 2020, Pl. noticed an Apple facility at ARIA. across the street, which was also on
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`the Superfund groundwater plume. Pl. mentioned the facility to Apple on at least Sept. 8, 9, 10, &
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`13, 2020 – inquiring if anyone was familiar with the area because Apple had an office there. Apple
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`EH&S (Elizabeth) & Pl. had at least two phone calls. The woman who responded who was also
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`actually in charge of Real Estate/EH&S teams involved in SD01 & the activities at ARIA. In Sept.
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`2020, Elizabeth suggested that Pl. use a special paid leave to move out of the apartment called
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`‘extreme condition leave’ designated for disasters. Later, in Sept. 2021, Apple Employee Relations
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`(“E.R.”), Waibel, conferred with Elizabeth about Pl.’s env. concerns only hours before Pl. were
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`abruptly terminated.
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`Fifth Amended Complaint, Abbrv. | Case No. 3:23-CV-04597-EMC
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`Case 3:23-cv-04597-EMC Document 138 Filed 11/20/24 Page 11 of 78
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`36. In Oct. 2020, Pl. asked her manager from Apple Legal, Joyce, if she knew anyone who
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`practiced env. law because Pl. may be interested in the field & wanted to learn more. Pl. was
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`introduced to Deborah (D.R.), Apple’s EH&S counsel. D.R. met with Pl. twice on a video chat, on
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`Nov. 2 2020 & Nov. 6 2020. Pl. spoke about her experience in 2020 & what she had learned about
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`remediation sites. During the conversation the lawyer admitted to Pl. that Apple did not have
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`EH&S counsel prior to her, that she was still catching up, that Apple needed to be doing inspections
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`& testing that it had not done, & she was trying to get them to start soon. D.R. was Apple’s legal
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`representative with the EPA for the Aug. 2021 inspection of Pl.’s Superfund office. D.R. was & is
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`likely also in charge of EH&S legal matters for ARIA.
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`37. On Feb. 21 2023, Pl. discovered the semiconductor fab. activities at ARIA. Pl. posted on
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`Twitter in real-time as she learned about it, expressing severe distress.
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`APPLE IS DOING LITERAL ACTUAL [expletive] SILICON FAB 0.2 MILES (0.3 KM) FROM
`THE APARTMENT WHERE I GOT SO SICK I THOUGHT I WAS DYING & APPLE
`VENTED THAT [expletive] INTO THE AIR FROM THEIR ROOF & THE YARD NEXT TO
`THEIR "GAS BUNKERS" RIGHT INTO MY 3RD FLOOR APARTMENT.” - @ashleygjovik
`(Feb. 21 2023 11:29 PM).
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`38. Until that day, Pl. did not know it was Apple who was responsible for making her so ill in
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`2020. Further, until that day, Pl. did not know the chemicals she was exposed to in 2020 were
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`potentially lethal to human life.
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`39. Pl. undertook months of research about ARIA, consulting with more experts, meeting with
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`gov. agencies, requesting more public records, & drafting a formal complaint. On June 23 2023, Pl.
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`filed complaints about ARIA to the EPA, CalEPA, the city of Santa Clara, & Santa Clara County.
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`Pl. drafted a 28-page memo with dozens of exhibits. Pl. also posted on Twitter that she did so &
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`provided a public link.
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`40. A manager in EPA’s Enf. & Compl. div. for Haz. Waste & Chemicals confirmed receipt on
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`June 20 2023 & told Pl. they were reviewing the complaint & documents she provided. She had a
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`call with the manager on June 21 2023. An inspector was assigned, & a formal investigation was
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`opened around July 12 2023. Pl. met with the EPA’s RCRA Enf. & Compl. team several times before
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`they then inspected Apple’s factory in Aug. 17 & 18 2023 & Jan. 16 2024. The Aug. 17, 2023
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`Fifth Amended Complaint, Abbrv. | Case No. 3:23-CV-04597-EMC
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`Case 3:23-cv-04597-EMC Document 138 Filed 11/20/24 Page 12 of 78
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`inspection was coded as an RCRA “Compl. Evaluation Inspection,” defined as “primarily an on-site
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`evaluation of the compliance status of the site about all applicable RCRA Regulations & Permits.” The
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`Jan. 16, 2024 inspection was coded as a “Focused Compl. Inspection.”
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`41. Per the formal report, the EPA inspectors identified at least 19 unique violations of the
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`RCRA at ARIA, including provisions with both civil & criminal enf. Apple was found to be illegally
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`treating, storing, disposing, & transporting haz. waste without permits, manifests, or other required
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`documentation. EPA also found Apple was emitting exhaust from its fab. activities through a system
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`that did not have required permits & did not have any monitoring. The EPA also found Apple was
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`storing haz. waste unlabeled & piled in corners, sometimes with lids left off containers so they do
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`not explode, & failing to perform any inspections of the waste on weekends, & instead just hoping
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`for the best until they return on Mondays. The enf. action(s) are still underway.
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`42. Pl. started working on her first draft of the complaint in this instant civil lawsuit only on or
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`around Aug. 16 2023 & filed suit on Sept. 7 2023, only two days prior to the statute of limitations
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`expiration for her Tamney claim, & after only being able to spend roughly three weeks on research
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`& drafting. Pl. also filed a complaint with the BAAQMD in July of 2024, which resulted in at least
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`six violation notices thus far; including Rule 2-1-301 failure to obtain “Authority to Construct”
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`(Aug. 29 & Sept. 12 2024); Rule 2-1-302 failure to obtain a “Permit to Operate” (Aug. 29 & Sept.
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`12 2024); & Rule 9-7-307 for exceeding the “Final Emission Limits” for NOx & CO emissions.
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`These latest citations establish that Apple was not only operating ARIA without required permits,
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`but Apple was also illegally exhausting toxic chemicals.
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`43. Location 2: 825 Stewart Dr.: Pl.’s Apple office at the time of her termination was located
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`at 825 Stewart Dr. in Sunnyvale, Cal., also known as the “TRW Microwave” Superfund site, part
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`of the EPA “Triple Site.” The “Triple Site” is the collective name for three adjacent Superfund
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`sites in Sunnyvale that have jointly contributed to a mile-long groundwater solvent plume. In
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`addition, the “Offsite Operable Unit” is roughly a one-hundred-acre area of groundwater
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`contamination from TRW Microwave. It “includes four schools & over 1,000 residences.”
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`44. The “TRW Microwave” Superfund site is a former industrial semiconductor fab. &
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`manufacturing facility at 825 Stewart Dr. (“SD01”). The primary contaminants in the groundwater
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`Fifth Amended Complaint, Abbrv. | Case No. 3:23-CV-04597-EMC
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`Case 3:23-cv-04597-EMC Document 138 Filed 11/20/24 Page 13 of 78
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`contamination plume are chlorinated VOCs, including the carcinogen TCE & its daughter products
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`cis-1,2-dichloroethene & vinyl chloride. The contaminated groundwater under 825 Stewart Dr. is
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`as shallow as only 2.6 feet below the ground surface, with shallow TCE concentrations up to 1,400
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`μg/L & vinyl chloride up to 51 μg/L.
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`45. The Responsible Party under CERCLA, Northrop Grumman Co. (“NGC”), conducted an
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`initial vapor intrusion (“V.I.”) evaluation at SD01 in 2003 & 2004, which indicated that TCE
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`concentrations in indoor air present an inhalation risk exceeding acceptable health & safety levels,
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`with results at 5.1 μg/m3 & 5.2 μg/m3 respectively. Indoor air pollution due to V.I. worsened over
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`time, & indoor air concentrations increased to 7.7 μg/m3 in 2013, the “accelerated action level” for
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`TCE in commercial buildings. [In 2024, the EPA proposed a full ban on TCE as a whole substance
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`in the U.S., prohibiting it under the TSCA as an unreasonable danger to human health).
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`46. In May 2015, NGC installed a “sub-slab” ventilation system inside the building. (The
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`“slab” refers to the concrete foundation, & “sub-slab” is under the “slab.”) NGC installed a
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`ventilation system, horizontal collection pipes beneath the slab foundation, which allows vapors to
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`move laterally, & connected the collection pipes to vertical vent risers that vent to the roof to
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`provide a preferred pathway for haz. waste vapors “that allow sub-slab contaminant vapors to
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`discharge to the atmosphere.” The risers vent to the