EXHIBIT 1

Case: 1:17-cv-00658-MRB Doc #: 24-1 Filed: 07/11/18 Page: 1 of 24 PAGEID #: 398
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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

James Sampson, et al.,

PLAINTIFFS

v.

SunCoke Energy, Inc., et al.,  

DEFENDANTS

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CASE NO. 1:17‐cv‐658

Judge Michael R. Barrett

DECLARATION OF MARY GANNON

I, Mary Gannon, declare as follows:

1. I am over 18 years of age and of sound mind.

2. I have personal knowledge of the information set forth herein.

3. My husband, Brian, and I own property and live at 2737A Back Road, Franklin

Furnace, Ohio 45629. We also own the adjacent parcels at 2737E Back Road and

0 Richard Road. In 1998, we moved into a mobile home at 2737E Back Road and

purchased this parcel in 2002. In 2007, we purchased 2737A Back Road and 0

Richard Road and moved into our current home toward the end of 2007.

4. The Haverhill coke plant (the Coke Plant) is approximately 1⁄4 mile from my

property and is easily visible from my property.

5. The operation of the Coke Plant has interfered with my life and my ability to

use and enjoy my property. The Coke Plant has also adversely affected Brian’s

life.  

6. On hundreds of occasions during the past four years, I have watched haze and

clouds form over the Coke Plant and watched huge plumes escape from the

quench towers and stacks at the Coke Plant. The hazes and clouds vary in

color, ranging from black, gray, yellow, blue or white or a combination. When

the winds blow toward my property, these hazes, clouds, and plumes blow

across Route 52 and onto my property and home.  

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7. The Coke Plant continues to release these plumes and clouds nearly every day.

Also, foul, odorous pollution clouds, are released from the Coke Plant nearly

every day. We, and our neighbors, get assaulted by these odors when the

winds blow in our direction. These events continue and occur at unpredictable

times.  

8. Getting caught in these odorous pollution clouds causes me to cough, gag, or

feel like I can’t breathe. I often wear a mask so I can stand to be outside. The

odorous pollution clouds irritate my eyes, sinuses, and throat. I can taste the

particles from the odorous pollution clouds. These clouds also cause

headaches, nausea, chest pains, and shortness of breath.  

9. For the past year, I have often experienced vertigo when I am exposed to

odorous pollution clouds from the Coke Plant. I do not have as much energy as

I used to and get winded easily. In addition, there have been many times I have

woken up in the middle of the night or in the morning with chest pains or

feeling nauseous. I still experience these physical impacts even when caught in

the clouds for a short period of time, such as when I try to escape them by

running into my house or by rushing around the house to close the windows.  

10. Brian’s current job, which he started about 3 years ago, has increased the

amount of time he is home. Over that time, Brian has frequently complained of

burning sinuses, headaches, and chest pain after being exposed to odorous

pollution clouds.  

11. I have smelled Coke Plant odors at all hours of the day and night. I have

smelled the Coke Plant’s odors many times at 1 am or 2 am, when I am up

seeing Brian off to work. Below are a few example events that illustrate what

we experience:

a. At approximately 12:17 AM on May 25, 2017, the smell from the Coke

Plant was so powerful it woke Brian and me. The odor was coming in

through a small open window in the back of the house. When I got up to

close the window the smell made me gag. There was rolling smoke and a

thick haze over the Coke Plant. It made my eyes itch and gave me

heartburn. An hour later at 1:20 am there was still smoke over the plant

and my nose would not stop running. At 2:24 AM I headed back to bed;

the plant was still stinking. Hours later, around 11:45 AM, Brian drove by

the Coke Plant and our house on US 52 and could smell the Coke Plant

odor. He could still clearly smell the Coke Plant up to the Greenup Dam,

over 2 miles away.  

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b. Around 8:35 AM on July 21, 2017 when I stepped out onto my porch, the

smell from the Coke Plant forced me back inside. The obnoxious odor

gagged me and I felt nauseated.   

c. On the morning of August 4, 2017 at 8:25 AM I noticed the Coke Plant was

stinking. When I returned home at 3:00 PM, I saw blue smoke coming

from the Coke Plant. It was stinking on and off the rest of the day, causing

me to have vertigo‐like symptoms. I had bouts of vertigo‐like symptoms

for the next 5 days, through August 9.    

d. On the morning of September 2, 2017, at approximately 10:56 AM, I was

feeding my goats when the Coke Plant started stinking. That afternoon, I

was sitting on the couch when I smelled a foul sewage‐like odor that got

worse when I walked to the kitchen; I headed to the front porch and then

outside, and the smell was even stronger. Brian was outside and observed

that the smell came from the direction of the Coke Plant. The next

morning when Brian got up at 7:00 AM he again observed odors from the

Coke Plant.  

e. On September 25, 2017 I noticed the plant was stinking around 8:22 AM. I

went back out at 10:48 AM; the plant was still stinking. Both times I was

outside the back of my throat felt raw; it was a heavy physical feeling. I

had a scratchy dry cough afterward.  

f. On October 15, 2017, the Coke Plant was stinking at 10:20 AM, and I knew

we were probably in for a long day. At 2:00 PM I went over to the

Sampsons’ property; when we walked back outside the Coke Plant was

stinking and there was a visible cloud of smoke hovering over and around

both of our properties.   

g. On November 28, 2017 around 1:02 PM, I went to let my cat in and the

Coke Plant was smoking and stinking. The smoke and odor gave me

vertigo‐like symptoms. The Coke Plant was still smoking and stinking at

2:55 PM, causing me to have a dry mouth and a headache.    

h. On December 16, 2017, at 11:32 AM, the Coke Plant was smoking top to

bottom and smelled just terrible; it was not fit for human or beast to be

outside.  

i. On April 3, 2018, the Coke Plant had been stinking all day; when I went

outside at 1:30 PM, I became nauseated. The smell caused me to sneeze

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and irritated my sinuses and throat. It was still stinking badly at 3:30 PM. I

went out just after 4 PM and there was a strong gust of wind; it was

stinking really badly. I felt sick to my stomach and my head felt odd like a

headache was going to start; the pollution from the Coke Plant was

getting in my eyes and mouth.    I woke up the next morning with a

headache.  

j. Between roughly noon and 1 PM on April 11, 2018 I observed quenching

at both ends of the plant, and blue smoke engulfing the Coke Plant. I took

the photo in Attachment A, which shows blue and white smoke. It was

stinking. While standing outside I saw shooting stars in my eyes. At 1:27

PM, I observed blue smoke coming out of the front quench tower; it was

stinking really badly.   

k. On April 13, 2018 at approximately 11:23 AM, I observed blue smoke

everywhere while the Coke Plant was quenching. It was stinking really

badly; I could feel coke particulates in my eyes. Around 1 PM that

afternoon, it was sunny and I could see smoke at the back of the Coke

Plant, and blue and gray smoke heading over our property and toward

the Sampsons’ property. I could feel the coke pollutants in my eyes and

throat. The Coke Plant was covered with smoke and my eyes were itchy

all day.    

l. The next morning, around 10:30 AM on April 14, 2018, the Coke Plant was

quenching at the front end of the Coke Plant, closest to my property. I

observed blue smoke coming from the Coke Plant; my chest felt raw, my

head hurt, my sinuses were screaming and my eyes were itching. The

Coke Plant was again quenching at the front end at noon, and there was

smoke everywhere.   

m. Around 9:45 AM on May 8, 2018, I observed dark gray smoke coming out

right before the Coke Plant did its quenches. It was a calm, sunny day—I

observed the Coke Plant stinking between 11:30 AM and noon that day,

and again around 10:30 PM. Just after 10:30 PM I observed huge flames in

the cloud from the quench tower at the front end of the Coke Plant. It was

still stinking around midnight.

n. On May 26, 2018, it was stinking really badly every time I went outside at

approximately 7:21 AM, 8:52 AM, 10:00 AM, 12:15 PM, and from 1:15 PM

to 2:00 PM. At 10 AM and again at 1:15 PM, I was next to our pasture with

Jim Sampson and his grandson Austin. I saw smoke all over the Coke

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Plant and there was black smoke coming from the quench tower. The

smoke was so thick in some places, it completely covered some stacks.

Attachment B is a photograph I took that accurately shows the smoke

covering parts of the Coke Plant. The air felt dirty and I could taste the

Coke Plant particles and was sneezing uncontrollably.

o. On the morning of June 3, there was a heavy fog and the coke plant was

really stinking. I was outside several times that morning from

approximately 7:42 AM to 8:53 AM. The odors gave me a headache for the

rest of the day that ranged from mild to severe. The next day, I still had a

headache and blurred vision from yesterday’s headache.

p. On the evening of June 5, 2018 at approximately 8:00 PM I noticed

particles in the air; the particles were going to the back of my throat and

choking me. I could smell odors from the Coke Plant and noticed that my

car was covered in coke waste. I had driven down County Rd. 1A near the

Coke Plant earlier that afternoon.

q. At approximately 10:30 AM on June 26, 2018, Brian and I took a short

walk up Back Road. We noticed a lot of smoke hanging low at the quench

tower while they were quenching on the end of the plant closest to us, but

we kept on walking down Back Road. We made it to the old Maddox

property, but had to turn around because of the stink from the Coke Plant.

When we got back home, both of us were really tired and fell asleep on

the couch.  

12. I have smelled the Coke Plant’s odors when the visible clouds, haze, or plumes

are blowing towards my property, and I have smelled the Coke Plant’s odors

during times when I did not see clouds, hazes, or plumes. These odors range

from annoying to intolerable and last from 1 minute to 6 hours to all day.

Typically, the darker clouds, hazes, and plumes have the foulest odors that

cause the more severe symptoms.

13. There is a particular odor that is worse than other odors. I call these

particularly horrible odors “green ovens.” I can tell when I’m about to get hit

with a “green oven” when I see what I call “green oven” pushes. A “green

push” releases distinct black and yellowish clouds from the ovens and the

quench tower. These clouds roll along the ground and, if the wind is blowing

towards my property, roll onto my property. “Green oven” odors are

noticeably more pungent than the other Coke Plant odors and cause more

severe symptoms.

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14. In the past few months, I have observed a new chemical stench coming from

the Coke Plant that causes my nose to burn and irritates my sinuses.

15. I am very concerned about the long‐term impact that the Coke Plant’s odors,

green ovens, hazes, clouds, and plumes are having and will have on my health

and my husband’s health. In fact, I no longer allow my children and

grandchildren to visit my property for more than 30 minutes because I do not

want them exposed to the Coke Plant pollution. I fear that my exposure and my

families’ exposure to past, present, and ongoing pollution from the Coke Plant

may cause cancer or some other disease. I am worried about my and my

family’s health.

16. The haze, clouds, and plumes from the Coke Plant carry along with them, and

leave behind, black deposits that have coated nearly every surface of my

property, including my pet goats. The deposits are visible on the house siding,

inside my enclosed porch, window ledges, railings, cars, gutters and roof, hay

shed, and grass.

17. The black deposits are present on my property nearly every day, all year long.

Cleaning has become a near daily effort, although I have recently given up

trying to keep the outside of the house and the porch clean. No matter how

hard I scrub, the black deposits will not come off my cars.  

18. Neither Brian nor I ever gave the Coke Plant permission to use our land and

property as a place to put or dump waste material.  

19. Attachments C, D, and E are photographs showing the Coke Plant’s deposits

on my property taken on April 19, 2017. Attachment C accurately shows

deposits on my white car and a wipe after I wiped off the car. The wipe did not

remove the deposits. Attachment D accurately shows deposits covering the

siding on my house. This wall is located inside the enclosed porch. Attachment

E accurately shows deposits covering the siding on my house. This side of the

house faces away from the Coke Plant.  

20. The black deposits, odors, fumes, and clouds from the Coke Plant have caused

us to sharply decrease the amount of time we spend outside. We hardly ever sit

in the enclosed porch. We no longer cook outside or enjoy bonfires. The odor

clouds make completing outdoor chores or yardwork much more difficult, due

to the need to avoid pollution clouds.  

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21. The black deposits, odors, fumes, and clouds from the Coke Plant forced me to

stop hanging laundry outside. I have also stopped maintaining my flower beds.

I will not plant a garden this year, and we did not eat anything we grew last

year because I am afraid to eat anything grown in this polluted air or in our

polluted soil.  

22. Because of the foul odors, I hardly open my windows or front door (inside my

enclosed porch) anymore. If it were not for the Coke Plant, I would have my

windows and front door open every day in the warmer months because I love

fresh air circulating through the house. Nearly every time I open the windows

and/or door, odors and clouds from the Coke Plant come inside the house, and

I have to rush around slamming everything shut to keep out the odors. Even

with the windows closed, especially foul odors still get in. The black deposits

from the Coke Plant are impossible to keep out of the house. I am unable to

keep my house clean anymore.  

23. The black deposits have invaded the shed where I keep hay for my 3 pet goats

and have covered the hay. The black deposits accumulate on my goats, making

my white goat look dingy, and my hands turn black when I pet them. I am

concerned for the goats’ health because they eat the deposits coating the hay

and they suffer from eye irritation and constantly have runny noses.

24. The Coke Plant has largely forced me to reduce all the outdoor recreational

activities on my property that used to make me happy.

25. The odors, deposits, plumes, haze, and other Coke Plant releases have

devalued our property and caused our quality of life to deteriorate. The

constant mess created by the Coke Plant is so overwhelming, I cannot keep up.  

26. The hazes, clouds, plumes, and foul odors from the Coke Plant have made me

no longer feel safe in my home or on my property. I no longer trust the

company that runs the Coke Plant. Every time I see or feel the physical effects

of the pollution from the Coke Plant I worry that I will get a headache, a

migraine, or vertigo. I worry about what I’m being exposed to and whether I

should run inside to avoid pollution. I would like to walk barefoot on my

property, but I cannot due to the Coke Plant’s black deposits. I would like to

have friends visit my home, but I often say no. I’m afraid they think I’m being

rude, but I don’t want them exposed. I would love to have my grandchildren

spend the night, but I won’t allow them to be exposed to the Coke Plant

pollution for extended periods of time.

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ATTACHMENT A

   

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ATTACHMENT B

   

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The faint outline of "stacks" are barely visible behind the smoke, as described in the decla

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ATTACHMENT C

   

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ATTACHMENT D

   

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ATTACHMENT E

   

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ATTACHMENT F

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AIR MONITORING PROTOCOL for MEASUREMENT of RESPIRABLE 

PARTICULATE MATTER at RESIDENCES in FRANKLIN FURNACE, OHIO 

for 

D. David Altman Co., LPA

15 East 8th Street, Suite 200W

Cincinnati, OH 45202 

by 

 

EN3 Professionals, LLC

2532 N. 4th St., #610

Flagstaff, AZ 86004 

November 10, 2017 

____________________________________ 

William M. Auberle, P.E., BCEE, Principal 

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1.0 Purpose 

This air monitoring protocol is designed for the specific purpose of assessing the concentrations 

of respirable particulate matter (PM2.5) emitted from the SunCoke Energy facility, Hwy 52,

Franklin Furnace, Ohio (SunCoke) as those emissions are transported in the atmosphere to the 

residential properties of the Gannon and Sampson families. 

2.0 General Methodology 

AirBeam monitors designed for measuring PM2.5 concentrations in air will be deployed by the 

Sampson and Gannon families, trained in the use of the monitors, to measure actual inhalation 

exposures at two properties. Measurements will be taken under two general conditions (a) at 

times when a resident at one or both residential properties visually perceives airborne particles 

(smoke, dust, fumes, etc) traveling from SunCoke toward the residence; and (b) at times when no 

visible or otherwise humanly detectable pollution is traveling from SunCoke toward the 

residential property, e.g. wind is not blowing from SunCoke toward the residence, no visible 

particulates are being emitted. Frequency and duration of measurements will be performed such 

that mass concentrations of PM2.5 can be compared under these two discrete scenarios. These 

scenarios will be referenced as SunCoke measurements (SM) and non-SunCoke measurements 

(NSM). 

3.0 Locations 

The residential properties of the Gannon and Sampson families are located at 2737A Back Road 

and 2737C Back Road, Franklin Furnace, Ohio, respectively. All air pollutant measurements are 

to be taken at a single site in the yard of each residence. Each of two measurement sites must be 

(a) at a minimum distance of fifty feet from any structure, and (b) at a point with minimal 

physical barriers in the line - of - sight to SunCoke. The actual location of each of the two points 

of measurement shall be identified by its coordinates -- either as latitude and longitude or 

Universal Transverse Mercator (UTM) and assigned a specific site identifier, e.g. "Gannon" or 

"G", "Sampson" or "S". 

4.0 Measurement Schedule 

4.1 Calendar 

Measurements are expected to begin on or about November 20, 2017 and continue for 

approximately three months or longer if a more robust data set is warranted. The 

frequency of measurements will be determined by personal observations of the residents. 

4.2 Frequency 

 Periods of SunCoke measurements (SM) will be determined by residents based on 

 observations of visible air pollution traveling from SunCoke to the applicable residential 

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 property. Similarly, periods for measurements of particles during NSM conditions will be 

 based on observations of the residents. 

 4.3 Duration 

All PM2.5 concentrations for both SM and NSM conditions will be sampled for a duration of ten 

minutes. Each data point will be expressed in the units "micrograms per cubic meter - 10 minutes" 

(ug/m3

-10min). Discrete measurements of concentrations may be taken consecutively, i.e. 20 

minutes = 2 values, 30 minutes = 3 values etc. No measurement periods may overlap. Additionally, 

the maximum value expressed in ug/m3 will be recorded during each 10 - minute monitoring 

period. 

In order to consider other potential sources of PM2.5, the measurement periods and resulting data 

points for NSM conditions shall be two times the number of measurement periods under SM 

conditions. That is, for each 10-minute SM sampling event, two 10-minute sampling events must 

occur during NSM conditions. 

5.0 Measurement Instrumentation 

All measurements (SM and NSM) will be taken using an AirBeam monitor. Instrument operation 

shall be in accordance with operating instructions of the manufacturer and are available at 

takingspace.org/aircasting/airbeam. Each 10-minute measurement shall be taken with the 

instrument held or mounted at approximately the shoulder height of the operator. 

6.0 Instrument Performance/Calibration 

Each AirBeam monitor shall be confirmed by a qualified independent entity for proper operation 

in accordance with manufacturer's specification prior to the monitoring period, i.e. on or about 

November 20, 2017. Upon completion of all measurements (on or about January 20, 2017), the 

same independent entity shall confirm that each monitor continues to perform in accordance with 

manufacturer's specifications. 

7.0 Monitoring Personnel 

Each person performing PM2.5 measurements shall do so in accordance with all elements of this 

air monitoring protocol. Included by reference is the instrument manufacturer's instructions for 

operation, care and maintenance. 

8.0 Recording Data and Associated Information 

A log describing each monitoring event shall be maintained for each residence. This information 

may be recorded in written or electronic form and must contain the following information for 

each event: 

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 - Date

 - Start Time

 - End Time

 - Site ID

 - "SM" or "NSM"

 - 10 min. average concentration

 - Maximum concentration during 10 - minute event

 - Weather conditions observed during event1

 - Other relevant observations

 - I.D. of operator/recorder 

9.0 Information Management 

All data and documentation specified in this protocol shall be submitted to a central 

repository/reviewer. It is recommended that the reviewer examine submittals at least once per 

week throughout the monitoring period to assure that information flow is timely and complete. 

Corrective action should be taken as necessary. 

1

 Descriptive adjectives may include "sunny", "cloudy", "rainy", "strong winds", "gentle breeze", 

"calm", etc. 

 

 

 

 

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