He said he continues to suffer damages to his health and medical conditions due to the continuing provision of non-potable and highly chlorinated water.
Atalig, through his legal counsel Ramon K. Quichocho, filed on Sept. 12 an “Answer and Counterclaim” in Superior Court.
Atalig said every resident of CNMI has the right, ensured by their Constitution, to a clean and healthful public environment in all areas including the land, air and water.
However, he said, for many years CUC has violated the constitutional rights of the people by providing non-potable and highly chlorinated water.
“CUC polluted the public environment by providing water which is noxious to persons, interfere with sleep, upset appetite, produce irritation of the upper respiratory tracts, create symptoms of nausea, or which are or may be detrimental or dangerous to health,” he said.
Atalig mentioned the ill-effects of chlorine used in the water.
He stated that on information and belief chlorine is the greatest crippler and killer of modern times. “It is an insidious poison,” he added.
When chlorine is used to disinfect water supplies containing high levels of organic matter, water quality specialists have discovered that trihalomethanes and haloacetic acids can form, he said.
The maximum annual average of trihalomethanes detected in local water supplies cannot exceed 80 ppb while 60 ppb maximum average for haloacetic acids per Environmental Protection Agency regulation, he stated.
Atalig said EPA guidelines allow up to four parts per million of chlorine in municipal tap water.
“On information and belief, a standard pool test kit shows that levels above 3 ppm are not safe to swim in. Common sense should tell us that if it is not safe to swim in, it most likely is not safe to drink,” he said.
There’s overwhelming evidence that linked chlorine to cancer, heart disease, and many other health problems, he said, adding that chlorine is a toxic gas that irritates the respiratory system.
“It is a strong oxidizer, which may react with flammable materials. Chlorine gas has been used in World War II and the Iraq war as a chemical weapon. Simultaneously, chlorine also poisons the human body,” Atalig said.
He said the chlorine concentration in the water supply from CUC is greater than the average pool.
“Chlorine can leave skin feeling dry and itchy and leave hair dry, brittle, and prone to dandruff. It can cause or further aggravate rashes and other skin irritations and it leaves eyes feeling sore and itchy,” he said.
He added that chlorine can cause permanent respiratory problems and because so few people know about the chemicals present in the water they bathe in everyday, “these chemicals attack swiftly and anonymously.”
In an interview, Atalig said his complaint is for the general public.
He said he will also seek possible civil action against CUC.
In his claim for relief, Atalig described CUC’s conduct as “reprehensible, despicable and was performed to maximize profits in conscious and/or reckless disregard of the known risks of injury to health and property.”
He further alleged that CUC “acted with conscious, willful, and wanton disregard of the probable dangerous consequences of that conduct and its foreseeable impact upon him. “
Quichocho said Atalig requested an award of exemplary and punitive damages in an amount sufficient to punish CUC and deter CUC and others from committing the same or similar acts.
They further asked the court to enjoin and restrain CUC from continuing to provide non-potable and highly chlorinated water that threatens and negatively affects human health.
They asked the court for an award of general and compensatory damages, exemplary and punitive damages in an amount sufficient to punish CUC and deter CUC from committing the same acts, for prejudgment and post-judgment interest, for costs of suit and attorney’s fees, and other further relief as the court deems just and proper under the circumstances.
