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THE CONGRESS RECOGNIZED THE PUBLIC HEALTH AND WELFARE IMPLICATTONS OF
SOLID WASTE DISPOSAL BY ENACTING P.L. 89 272, THE SOLID WASTE DISPOSAL
ACT OF 1965. THE ACT AUTHORIZED THE SECRETARY OF HEALTH, EDUCATION, AND
WELFARE TO CONDUCT RESEARCH AND TO SHARE WITH STATE AND LOCAL
GOVERNMENTS THE RESPONSIBILITY FOR AND COST OF DEVELOPING PLANS FOR SAFE
WASTE DISPOSAL PRACTICES. THIS ACT WAS AMENDED IN 1970 BY THE RESOURCE
RECOVERY ACT (P.L. 91 512) WHICH FOCUSED ON RECOVERY OF MATERIALS AND
ENERGY AS WELL AS ENCOURAGING THE RECYCLING OF MATERIALS WHERE POSSIBLE.
AT THIS TIME THE RESPONSIBILITY FOR CARRYING OUT THE FUNCTIONS OF THIS
ACT WERE MOVED TO THE NELY FORMED ENVIRONMENTAL PROTECTION AGENCY.
IN 1976, THE RESOURCE CONSERVATION AND RECOVERY ACT (P.L. 94-580)
WAS PASSED, CONTINUING EARLIER RESOURCE RECOVERY RESEARCH AND PLANNING
PROGRAMS. HOWEVER, THIS REVISION MARKED THE PEGINNING OF RCRA'S
REGULATORY ROLE, BY SETTING FORTH RECOMMENDATIONS FOR STATEWIDE HAZARDOS
ASTE MANAGEMENT AND DISPOSAL PRACTICES CONTAINED IN SUBTITLE C OF THE
ACT. WITH THE SOLID WASTES MANAGEMENT, RESOURCE RECOVERY, AND HAZARDOUS
ASTES PROGRAMS LAUNCHED LEGISLATIVELY, THE COMMITTEE CONTINUES TO BE
CONCERNED ABOUT ADMINISTRATIVE IMPLEMENTATION TO THESE PROGRAMS AND
APPROPRIATE FUNDING LEVELS.
FOR INSTANCE, CONCERN OVER THE STATUS OF THE HAZARDOUS WASTES
REGLATION CONTINUES. THE COMMITTEE FEELS THAT THE AGENCY HAS NOT ACTED
EXPEDITIOUSLY IN PROPOSING THE STANDARD AND MEASURES FOR IMPLEMENTATION
OF SUBTITLE C. HOWEVER, THERE IS GENERAL AGREEMENT THAT, GIVEN THE
AGENCY'S OTHER PFESSING REGULATORY DEMANDS, SOME PROGRAMM HAS BEEN MADE.
A NEW ISSUE HAS ARISEN WHICH AS NOT EVIDENT IN 1976: THE PROBLEM OF
ABANDONED HAZARDOUS WASTES DISPOSAL SITES. THIS DISCOVERY LED TO AN
INCREASED AWARENESS OF THE GAPS IN RCRA UNDER SUBTITLE C, WHICH
PRIMARILY ADDRESSED THE CRADLE-TO-GRAVE MANAGEMENT OF HAZARDOUS WASTES
IN NEW AND EXISTING DISPOSAL SITES. IN AN ATTEMPT TO NARRO THIS GAP,
THE COMMITTEE AMENDED RCRA TO INCLUDE A NEW STATE-IDE INVENTORY PROGRAM
(SECTION 3012) FOR ABANDONED HAZARDOUS ASTES DISPOSAL SITES AND TO
CLARIFY THAT THE ADMINISTRATOR HAS AUTHORITY TO TAKE ACTION WITH REGARD
TO ABANDONED AND INACTIVE SITES.
THIS MEASURE IS A DIRECT RESULT OF CONCERNS EXPRESSED DURING
REAUTHORIZATION HEARINGS. THERE IS AGREEMENT THAT SOME PRELIMINARY
MEASURES ARE NEEDED TO IMMEDIATELY ADDRESS THE APANDONED SITES ISSUE.
SOME DETERMINATION OF THE SCOPE OF THE PROPLEM IS REQUIRED PEFORE A NEW
OR EXPANDED PROGRAM CAN BE LAUNCHED. THIS PROVISION SHOULD PE VIEWED AS
AN INITIAL STEP TOWARD ADDRESSING THE ABANDONED SITES PROBLEM, AND NOT
AS A SOLUTION.
THE COMMITTEE BELIEVES THAT THE ADMINISTRATOR HAS NOT BEEN
SUFFICIENTLY VIGOROUS IN USING THE AUTHORITY UNDER SECTION 7003 TO ACT
IN THOSE CIRCUMSTANCES WHICH POSE AN IMMINENT AND SUBSTANTIAL
ENDANGERMENT TO HEALTH OR THE ENVIRONMENT. IN HEARINGS BEFORE THE
COMMITTEE THE AGENCY ACKNOLEDGED THAT THE AUTHORITY HAD NOT BEEN USED
FULLY, BUT THAT THE AGENCY HAS RECENTLY FILED SEVERAL LEGAL ACTIONS
UNDER THIS SECTION AND INTENDS TO EXPAND ITS ENFORCEMENT PROGRAM. THE
COMMITTEE ENDORSES THIS INTENTION AND THE REPORTED BILL ADDS LANGUAGE TO
THE ACT TO ALLOW THE ADMINISTRATOR TO ACT UPON RECEIPT OF EVIDENCE THAT
THE HANDLING, STORAGE, TREATMENT, TRANSPORTATION, OR DISPOSAL OF SOLID
WASTE OR HAZARDOUS WASTE MAY PRESENT SUCH AN (WORD ILLEGIBLE) AND
SUPSTANTIAL DANGER.
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THE COMMITTEE INTENDS THAT THE ADMINISTRATOR USE THIS AUTHORITY HERE THE
RISK OF SERIOUS HARM IS PRESENT. THE COMMITTEE HEARD NUMEROUS WITNESSES
TESTIFY TO THE DANGERS AND RISKS ASSOCIATED WITH HAZARDOUS SITES WHTCH
ARE NOW ABANDONED AND INACTIVE AS WELL AS ACTIVE SITES. THE
ADMINISTRATOR'S AUTHORITY UNDER SECTION 7003 TO ACT IN SITUATIONS
PRESENTING AN IMMINENT HAZARD SHOULD BE USED FOR ABANDONED SITES AS WELL
AS ACTIVE ONES.
BECAUSE THE COMMITTEE BELIEVES THAT THE ADMINISTRATOR SHOULD HAVE
ADEQUATE ENFORCEMENT TOOLS FOR CARRYING OUT THE PURPOSES OF SECTION
7003, THE REPORTED BILL INCLUDES A PROVISION WHICH GIVES AUTHORITY TO
THE ADMINISTRATOR TO ISSUE SUCH ORDERS AS MAY BE NECESSARY TO PROTECT
THE PUBLIC HEALTH AND THE ENVIRONMENT UNDER CIRCUMSTANCES WHICH MAY
PRESENT AN IMMINENT AND SUBSTANTIAL ENDANGERMENT.
THE REPORTED BILL ALSO AMENDS SECTION 3004 TO PROVIDE THAT THE
ADMINISTRATOR SHOULD, WHERE APPROPRIATE, ESTABLISH SEPARATE STANDARDS
FOR NEW AND EXISTING FACILITIES.
UNDER SECTION 3004, THE ADMINISTRATOR IS REQUIRED TO PROMULGATE
REGULATIONS FOR ALL ASPECTS OF STORAGE, TREATMENT, AND DISPOSAL OF
HAZARDOUS WASTE. THESE RANGE FROM REGULATIONS FOR REPORTING,
MONITORING, AND RECORDKEEPING TO REGULATIONS FOR LOCATION, DESIGN,
CONSTRUCTION, AND OPERATION. IT IS RECOGNIZED THAT THERE ARE MANY
PRACTICAL AND TECHNICAL LIMITATIONS IN RETROFITTING OR MODIFYING
EXISTING FACILITIES TO MEET STANDARDS WHICH MAY BE REASONABLE TO APPLY
TO NEW FACILITIES. THIS IS PARTICULARLY TRUE OF WASTE ATER FACILITIES.
YET, EXISTING FACILITIES MAY PROVIDE ACCEPTABLE ENVIRONMENTAL
PERFORMANCE UNDER EXISTING REGULATIONS. THE ADMINISTRATOR SHOULD
EXERCISE DISCRETION ITH REGARD TO THE STANDARDS SET FORTH FOR EXISTING
AS DIFFERENTIATED FROM NE FACILITIES, INCLUDING ESTAPLISHMENT OF
SEPARATE STANDARDS FOR NEW AND EXISTING FACILITIES WHERE NECESSARY,
TAKING INTO CONSIDERATION WHETHER THE EXISTING FACILITIES HAVE ALREADY
COME UNDER COMPLIANCE WITH REGULATIONS PROMULGATED UNDER OTHER EXISTING
FEDERAL ENVIRONMENTAL STATUES.
THE COMMITTEE FOUND THAT THE DEPARTMENT OF COMMERCE HAS FAILED TO
PERFORM ITS DUTIES AS REQUIRED BY SUBSECTION E OF THE RESOURCE
CONSERVATION AND RECOVEFY ACT, RELATING TO THE DEVELOPMENT OF MARKETS
FOR RECOVERED MATERIALS AND PROMOTION OF NEW TECHNOLOGIES FOR RESOURCE
RECOVERY.
ON MARC 28, 1979, THE COMMITTEE REQUESTED THAT THE DEPARTMENT OF
COMMERCE PROVIDE A PLAN OF WHAT IT COULD DO IF FUNDING WAS PROVIDED FOR
ALL OF THE DEPARTMENTS ACTIVITIES UNDER RCRA. THAT PLAN WILL PROVIDE AN
OUTLINE FOR THE DEPARTMENT'S EFFORTS WHICH TO DATE HAVE PEEN VERY
UNSATISFACTORY. IN ADDITION, THE PLAN WILL SERVE AS AN EFFECTIVE TOOL
FOR THE COMMITTEE TO USE IN REVIEWING THE DEPARTMENT OF COMMERCE'S
PROGRESS IN FULFILLING ITS RESPONSIBILITIES UNDER THIS ACT.
THE REPORTED BILL AUTHORIZES $3,000,000 FOR THE SECRETARY OF
COMMERCE'S ACTIVITIES UNDER SECTION 5001, 5003 AND 5004. ITH THIS
AUTHORIZATYON AND ITH THE STATED INTENTION PY THE COMMITTEE TO CONTINUE
THIS SPECIFIC AUTHORTZATION FOR AT LEAST TO MORE YEARS, THE DEPARTMENT
OF COMMERCE SHOULD MOVE ACTIVELY AND IMMEDIATELY TO DEVELOP NE USES AND
EXPANDED MARKETS FOR RECOVERED MATERIALS.
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THE DEPARTMENT OF COMMERCE SHOULD ENLIST THE ADVICE AND COOPERATION OF
THE INDUSTRIAL COMMUNITY IN AN EFFORT TO ACCELERATE THE MAXIMUM
INDUSTRIA UTILIZATION OF RECOVEFED MATERIALS. THE COMMITTEE EXPECTS THE
DEPARTMENT TO EMPHASIZE INDUSTRIAL CONSERVATION OF ENERGY AND VIRGIN
RESOURCES BY ENCOURAGING THE PRACTICAL UTILIZATION OF RECYCLAPLE
MATERIALS.
THE COMMITTEE DIRECTS THE DEPARTMENT OF COMMERCE TO ORK CLOSELY WITH
THE ENVIRONMENTAL PROTECTION AGENCY, HICH IS REQUIRED TO PURSUE EFFORTS
TO MAXIMIZE THE FEDERAL PROCUREMENT OF ITEMS PRODUCED FROM RECOVERED
MATERIALS. THE COMMITTEE ALSO ENCOURAGES CLOSE COOPERATION WIT THE
DEPARTMENT OF ENERGY, HICH IS CHARGED WITH THE RESPONSIBILITY TO TARGET
INDUSTRY'S INCREASED USE OF RECOVERED MATERIALS.
THE COMMITTEE NOTES THAT THE INTER-AGENCY TASK FORCE FORMED UNDER
RCRA TO STUDY AND PREPARE A REPORT ON RESOURCE RECOVERY ISSUES HAD
NEARLY COMPLETED THEIF TASK. THE COMMITTEE WILL RESERVE JUDGMENT ON THE
FEASIBILITY OF SOME RESOURCE RECOVERY PROGRAMS UNTIL THE REPORT IS
PUBLISHED (UNDER SECTION 8002) AND THE COMMITTEE HAS HAD AMPLE
OPPORTUNITY TO REVIEW ITS RECOMMENDATIONS.
THE COMMITTEE NOTES THAT FEDERAL PFOCUREMENT ACTIVITIES UNDER
SUBTITLE F OF RCRA, HAVE BEEN ASSIGNED A LOW PRIORITY. MORE STRINGENT
DEADLINES FOR ESTAPLISHING SPECIFICATIONS AND GUIDELINES ARE NEEDED.
THEREFORE, THE COMMITTEE NOTES THAT THE ENVIRONMENTAL PROTECTION AGENCY
HAD FAILED TO MEET THE DATES FOR PUPLISHING FEDERAL PROCUREMENT
REGULATIONS UNDEF SECTION 6002 OF THE ACT. WHEN THE RESOURCE
CONSERVATION AND RECOVERY ACT BECAME LA, OCTOBER 21, 1976, IT REQUIRED
FEDERAL AGENCIES TO TAKE CERTAIN STEPS REGARDING THEIR PROCUREMENT
PRACTICES. NONE OF THOSE SIMPLE STATUTORY MANDATES HAVE BEEN MET. THE
COMMITTEE, IN AN EFFORT TO PREVENT FURTHER DELAY BY THE RESPONSIBLE
FEDERAL AGENCIES, HAS ESTABLISHED SPECIFIC TIMEFRAMES IN SECTION 6002.
AS OF OCTOBER 21, 1978, EACH PROCURING AGENCY AS REQUIRED TO HAVE
BEGUN PROCURING ITEMS COMPOSED OF THE HIGHEST PERCENTAGE OF RECOVERED
MATERIALS, CONSISTENT WITH MAINTAINING A SATISFACTORY LEVEL OF
COMPETITION. THE COMMITTEE NO REQUIRES THAT EFFORT BY SEPTEMBER 1,
1982.
UNDER THE ORIGINAL PROVISION OF THIS ACT, ALL FEDERAL AGENCIES THAT
HAVE THE RESPONSIBILITY FOR DRAFTING OR REVIEWING SPECIFICATIONS FOR
PROCUFEMENT ITEMS SHOULD HAVE, BY APRIL 21, 1977, REVIEWED THOSE
SPECIFICATIONS TO DETERMINE IF THEY COMPLY WITH THIS PROVISION OF RCRA.
THE REPORTED BILL ESTABLISHES A DEADLINE OF JULY 1, 1980, FOR THAT
REVIE.
THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY WAS CHARGED
UNDER THE ORIGINAL PROVISIONS OF THIS ACT TO PREPARE GUIDELINES FOR THE
USE OF PROCURING AGENCIES IN COMPLYING ITH THE REQUIREMENTS OF RCRA.
THE REPORTED BILL MANDATES THAT SUCH GUIDELINES BE PREPARED NO LATER
THAN SEPTEMBER 1, 1981.
THE COMMITTEE UNDERSTANDS THAT IT IS NOT EPA'S INTENTION TO TREAT ELL
BORES AS DISPOSAL FACILITIES IN ITS PROPOSED REGULATIONS. THE COMMITTEE
UNDERSTANDS THAT THE PRACTICE OF FILLING OLD OR ABANDONED OIL AND GAS
WELLS ITH DRILLING MUDS IS INTENDED TO SEEL THE WELLS FOR SAFETY REASONS
AND TO PREVENT LATER GROUND WATER INTRUSION PROBLEMS.
RESOURCE CONSERVATION AND RECOVERY ACT AMENDEMENTS OF 1979
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THE PURPOSE IS NOT TO PROVIDE A MEANS OF DISPOSAL FOR DRILLING MUDS AND
THE COMMITTEE INTENDS THAT THE AGENCY'S REGULATIONS REFLECT THIS INTENT.
THE COMMITTEE'S SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE HELD
HEARINGS ON THE REAUTHORIZATION OF THE RESOURCE CONSERVATION AND
RECOVERY ACT ON MARCH 27 AND 28, 1979. THE FIRST DAY OF THE HEARINGS
THE SUBCOMMITTEE FOCUSED ON SUBTITLE C, HAZARDOUS WASTES PROVISION OF
RCRA. TESTIMONY WAS RECEIVED FROM CONGRESSMAN JOHN LA FALCE OF NEW
YORK: NATIONAL GOVERNORS' ASSOCIATION: ENVIRONMENTAL PROTECTION
AGENCY: THE NATIONAL LEAGUE OF CITIES: ENVIRONMENTAL DEFENSE FUND:
MR. FRANK KALER, PRIVATE CITIZEN: AMERICAN PAPER INSTITUTE: AND THE
AMERICAN SOCIETY FOR TESTING MATERIALS.
THE SECOND DAY OF HEARINGS THE SUBCOMMITTEE FOCUSED ON THE REMAINDER
OF RCRA, SOLID ASTE AND RESOURCE RECOVERY. TESTIMONY WAS RECEIVED FROM
CONGRESSMAN ROBERT DRINAN OF MASSACHUSETTS: THE DEPARTMENT OF COMMERCE:
THE ENVIRONMENTAL PROTECTION AGENCY: GARDEN STATE PAPER COMPANY:
NATIONAL ASSOCIATION OF COUNTIES: NATIONAL SOLID ASTE MANAGEMENT
ASSOCIATION: AND THE NATIONAL ASSOCIATION OF RECYCLING INDUSTRIES.
ON MAY 3, 1979, THE SUBCOMMITTEE MET IN OPEN MARKUP SESSION, AND BY
VOICE VOTE, ORDERED A CLEAN BILL REPORTED TO THE FULL COMMITTEE ON
INTERSTATE AND FOREIGN COMMERCE, WITH 2 AMENDMENTS.
ON MAY 15, 1979, THE COMMITTEE MET IN OPEN MARKUP SESSIONS, AND BY
VOICE VOTE, ORDER H.R. 3994 REPORTED TO THE HOUSE, WITH 4 AMENDMENTS.
PURSUANT TO CLAUSE 2 (1) (3) (A) OF RULE XI OF THE RULES OF THE HOUSE
OF REPRESENTATIVES, OVERSIGHT FINDINGS AND RECOMMENDATIONS HAVE BEEN
MADE BY THE COMMITTEE AS SET FORTH IN THIS REPORT.
PURSUANT TO CLAUSE 2 (1) (3) (D) OF RULE ZI OF THE RULES OF THE HOUSE
OF REPRESENTATIVES, NO OVERSIGHT FINDINGS HAVE BEEN SUBMITTED TO THE
COMMITTEE BY THE COMMITTEE ON GOVERNMENT OPERATIONS.
PURSUANT TO CLAUSE 2 (1) (4) OF RULE XI OF THE RULES OF THE HOUSE OF
REPRESENTATIVES, THE COMMITTEE MAKES THE FOLLOWING STATEMENT ITH REGARD
TO THE INFLATIONARY IMPACT OF THE REPORTED BILL:
THE COMMITTEE BELIEVES THAT THE ENACTMENT OF THIS LEGISLATION WILL
HAVE NO INFLATIONARY IMPACT ON PRICES AND COSTS IN THE OPERATION OF
NATIONAL ECONOMY.
IN COMPLIANCE WITH CLAUSE 7 (A) OF RULE XIII OF THE RULES OF THE
HOUSE OF REPRESENTATIVES, THE FOLLOWING STATEMENT IS MADE REGARDING THE
COST OF THIS LEGISLATION:
THE REPORTED BILL AUTHORIZES AN APPROPRIATION NOT TO EXCEED (NUMBER
ILLEGIBLE) TO CARRY OUT THE PROVISIONS OF THE SOLID 'ASTE DISPOSAL ACT
AS AMENDED BY THE RESOURCE CONSERVATION AND RECOVERY ACT FOR FISCAL YEAR
1980.
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THIS AMOUNT REPRESENTS THE COMMITTEE'S ESTIMATE OF FUNDS NECESSARY FOR
THE PERFORMANCE OF STATUTORY RESPONSIBILITIES UNDER THAT ACT DURING THE
NEXT FISCAL YEAR.
IN ACCORDANCE WITH CLAUSE 2 (1) (3) (C) OF RULE XI OF THE RULES OF
THE HOUSE OF REPRESENTATIVES, THE COMMITTEE INCLUDES THE FOLLOWING COST
ESTIMATE SUBMITTED PY THE CONGRESSIONAL BUDGET OFFICE RELATIVE TO THE
PROVISIONS OF H.R. 3994:
MAY 15, 1979.
1. BILL NO. H.R. 3994.
2. BILL TITLE -- RESOURCE CONSERVATION AND RECOVERY ACT AMENDMENTS
OF 1979.
3. BILL STATUS -- AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON
INTERSTATE AND FOREIGN COMMERCE, MAY 15, 1979.
4. BILL PURPOSE -- THE PURPOSE OF THE LEGISLATION IS TO AMEND THE
RESOURCE CONSERVATION AND RECOVERY ACT AND AUTHORIZE APPROPRIATIONS OF
$156.5 MILLION FOR FISCAL YEAR 1980. INCLUDED IN THESE AUTHORIZATIONS
IS A GENERAL AUTHORIZATION OF $42 MILLION, AND SPECIFIC AUTHORIZATIONS
OF GRANT FUNDS FOR HAZARDOUS ASTE MANAGEMENT PROGRAMS, DEVELOPMENT AND
IMPLEMENTATION OF SOLID WASTE PLANS, AND RURAL COMMUNITY ASSISTANCE.
THE BILL ALSO AUTHORIZES THE APPROPRIATION OF $3 MILLION TO THE
DEPARTMENT OF COMMERCE TO ENCOURAGE COMMERCIALIZATION OF RESOURCE
RECOVERY TECHNOLOGY.
5. COST ESTIMATE
TABLE OMITTED
THE COSTS OF THIS BILL FALL WITHIN FUNCTION 300.
6. BASIS OF ESTIMATE -- FOR PURPOSES OF THIS ESTIMATE, IT HAS BEEN
ASSUMED THAT THE FULL AMOUNTS AUTHORIZED IN EACH FISCAL YEAR ILL BE
APPROPFIATED. OUTLAYS FROM EACH FISCAL YEAR'S AUTHORIZATION ARE BASED
ON HISTORICAL SPENDING PATTERNS FOR THESE TYPES OF ACTIVITIES.
7. ESTIMATE COMPARISON -- NONE.
8. PREVIOUS CBO ESTIMATE -- ON MAY 15, 1979, THE CONGRESSIONAL
BUDGET OFFICE PREPARED A COST ESTIMATE FOR A SIMILAR SENATE BILL ORDERED
REPORTED BY THE SENATE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS. THAT
PILL AUTHORIZED $164 MILLION FOR FISCAL YEAR 1980, $175 MILLION FOR
FISCAL YEAR 1981, AND $185 MILLION FOR FISCAL YEAR 1982.
9. ESTIMATE PREPARED BY KATHY WEISS.
10. ESTIMATE APPROVED BY JAMES L. BLUM, ASSISTANT DIRECTOR FOR
BUDGET ANALYSIS.
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SECTION 1 OF THE BILL STATES THAT THE SHORT TITLE OF THE ACT IS THE
"RESOURCE CONSERVATION AND RECOVERY ACT AMENDMENTS OF 1979."
SECTION 2 OF THE REPORTED BILL AUTHORIZES TO BE APPROPRIATED A TOTAL
OF $135,300,000 TO CARRY OUT THE PROVISIONS OF THAT ACT DURING FISCAL
YEAR 1980. FUNDS ARE AUTHORIZED IN THE FOLLOING AMOUNTS:
(1) SUBSECTION (A) AUTHORIZES $42,000,000 TO PROVIDE SUPPORT FOR
FEDERAL AND REGIONAL HAZARDOUS AND NEW HAZARDOUS SOLID WASTE PROGRAMS.
(2) SUPSECTION (B) AUTHORIZES $30,000,000 FOR GRANTS TO STATES FOR
HAZARDOUS WASTE PLANNING.
(3) SUPSECTION (C) AUTHORIZES $30,000,000 FOR ASSISTANCE FOR PLANNING
AND IMPLEMENTATION OF STATE SOLID WASTE PLANS.
(4) SUPSECTION (D) AUTHORIZES (NUMBER ILLEGIBLE) FOR GRANTS TO
MUNICIPALITIES AND LOCALITIES FOR SOLID WASTE MANAGEMENT AND RESOURCE
RECOVERY PROGRAMS.
(5) SUPSECTION (E) AUTHORIZES $2,500,000 FOR GRANTS FOR SOLID WASTE
DISPOSAL FACILITIES SPECIAL COMMUNITY PROJECTS.
(6) SUBSECTION (F) AUTHORIZES $10,000,000 FOR RURAL COMMUNITIES
ASSISTANCE.
(7) SUBSECTION (G) AMENDS SUPTITLE E OF THE ACT PY ADDING NE SECTION
5005 HICH AUTHORIZES $3,000,000 FOR ENCOURAGEMENT AND DEVELOPMENT OF
MARKETS FOR RECOVEFED MATERIALS.
SECTION 3 (A) OF THE ACT AMENDS THE SOLID WASTE DISPOSAL ACT SECTION
1004, PARAGRAPH (14) TO ADD TO THE DEFINITION OF "OPEN DUMP" "OR WHICH
IS NOT A FACILITY FOR DISPOSAL OF HAZARDOUS WASTE".
PARAGRAPH (27) IS AMENDED TO PROVIDE THAT SOLID OR DISSOLVED
MATERIALS IN WASTE ATERS RECEIVED PY OR DISCHARGED FROM INDUSTRIAL OR
MUNICIPAL ASTE ATER TREATMENT FACILITIES SHALL NOT BE INCLUDED WITHIN
THE DEFINITION OF SOLID UASTE.
SECTION 3 (B) (1) REPEALS SECTION 2004 OF THE ACT WHICH PROVIDED
GRANTS FOR DISCARDED TIRE DISPOSAL.
SECTION 3 (C) AMENDS SECTION 3004 TO PERMIT THE ADMINISTRATOR TO
ESTABLISH SEPARATE STANDARDS FOR NEW AND EXISTING FACILITIES.
SECTION 3 (D) AMENDS SECTION 3001 TO ALLOW DRILLING AND PRODUCTION
MUDS AND BRINES TO BE EXEMPTED FROM REGULATION UNDER SUBTITLE C OF THIS
ACT BY DEFINING THEM AS NOT HAZARDOUS.
SECTION 3 (E) AMENDS SECTION 3005 (E) OF THE ACT TO PROVIDE THAT
FACILITIES IN EXISTENCE AT THE EFFECTIVE DATE OF THE REGULATIONS UNDER
SECTION 3001 AND SECTION 3004 SHALL BE ELIGIBLE TO APPLY FOR IRNTERIM
STATUS.
SECTION 3 (F) (NUM0ERS ILLEGIPLE) AMENDS SECTION 3007 EXTENDING THE
ENVIRONMENTAL PROTECTION AGENCY'S ACCESS, ENTFY, AND INSPECTION
AUTHORITY TO PERSONS AND SITES WHICH HAVE HANDLED HAZARDOUS WASTE IN THE
PAST BUT ARE NO LONGEF DOING SO: IT PERMITS THE ENVIRONMENTAL
PROTECTION AGENCY TO REQUEST TNFORMATION OR EXAMINE RECORDS FOR THE
PURPOSE OF ENFORCEMENT UNDER SECTION 7003, AND IT ALLOWS THE
ADMINISTRATOR TO AUTHORIZE CONTRACTORS TO CARFY OUT THE PROVISIONS OF
THIS SECTION.
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SECTION 3 (G) AMENDS SECTION 3007 (B) TO PROVIDE REQUIREMENTS OF
CONFIDENTIALITY BE EXTENDED TO CONTRACTORS OF THE ENVIRONMENTAL
PROTECTION AGENCY.
SECTION 3 (H) AMENDS SECTION 3008 (D) TO PROHIPIT THE DESTFUCTION,
ALTERING, OR CONCEALMENT OF ANY RECORD MAINTAINED WITH RESPECT TO THE
GENERATION, STORAGE, TREATMENT, TRANSPORTATION, DISPOSAL, OR OTHER
HANDLING OF HAZARDOUS WASTE.
SECTION 3 (I) AMENDS SECTION 3008 TO PROVIDE THAT THE ADMINISTRATOR
MAY ISSUE AN IMMEDIATE COMPLIANCE ORDEF UPON A DETERMINATION THAT ANY
PERSON IS IN VIOLATION OF SUBTITLE C OF THE ACT.
SECTION 3 (J) AMENDS SECTION 3011 TO PROVIDE THAT GRANTS FOR STATE
HAZARDOUS WASTE PROGRAMS MAY INCLUDE FUNDS FOR PLANNING FOR HAZARDOS
WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES, AND THE DEVELOPMENT
AND EXECUTION OF PROGRAMS TO PROTECT HEALTH AND THE ENVIRONMENT FROM
INACTIVE FACILITIES WHICH MAY CONTAIN HAZARDOUS ASTE AND PRESENT A
SUBSTANTIAL ENDANGERMENT TO HUMAN HEALTH OR THE ENVIRONMENT.
SECTION 3 (K) AMENDS SUBTITLE C TO ADD A NEW SECTION 3012 HICH
DIRECTS THE STATES TO UNDERTAKE AN INVENTORY OF HAZARDOUS SITES AS
EXPEDITIOUSLY AS PRACTICABLE. THE INVENTORY IS TO INCLUDE A DESCRIPTION
OF THE SITE AND AS MUCH INFORMATION AS IS PRACTICABLY OPTAINAPLE
REGARDING THE NATURE AND THE EXTENT OF THE HEALTH HAZARD IT PRESENTS.
IF A STATE FAILS TO COMPLY ADEQUATELY WITH THESE PROVISIONS THE
ENVIRONMENTAL PROTECTION AGENCY IS EMPOWERED TO CARRY OUT THE INVENTORY
PROGRAM IN THAT STATE. A GRANT PROGRAM IS ESTABLISHED, WITH AN
AUTHORIZATION LEVEL OF $20,000,000, TO MAKE FUNDS AVAILABLE TO THE
STATES TO CARRY OUT THIS PROGRAM. STATES WHICH HAVE ALREADY CONDUCTED
SUCH AN INVENTORY MAY APPLY FOR GRANTS FOR REIMBURSEMENT FOR ALL OR A
PORTION OF THE COSTS INCURRED.
A NEW SECTION 3013 AMENDS SUBTITLE C TO REQUIRE THAT CERTAIN SPECIFIC
INFORMATION BE INCLUDED IN THE STATE INVENTORY. THE ADMINISTRATOR IS
REQUIRED TO MAKE AVAILABLE TO THE STATES SUCH INFORMATION AS HE HAS
AVAILABLE CONCERNING THE SPECIFIED ITEMS REQIRED TO BE INCLUDED IN THE
INVENTORY. UPON THE RECEIPT OF ANY INFORMATION INDICATING THAT A
HAZARDOUS WASTE FACILITY ON SITE MAY CREATE A SIGNIFICANT HAZARD TO
HUMAN HEALTH OR THE ENVIFONMENT, THE ADMINISTRATOR MAY ISSUE AN ORDER
REQUIRING THE PERSONS WHO OWNED OR OPERATED THE FACILITY OR SITE FOR ANY
PERIOD DURING WHICH HAZARDOUS WASTE WAS TREATED OR DISPOSED OF TO
PERFORM NECESSARY MONITORING, TESTING, ANALYSIS, AND REPORTING OR TO PAY
FOR THE COSTS OF THESE PROCEDURES.
SECTION 3 (L) AMENDS SECTION 3008 (D) (3) TO ALLO STATES TO ENTER
INTO LONG-TERM CONTRACTS FOR THE OPERATION OF "RESOURCE RECOVEFY
FACILITIES" AND TO SECURE LONG-TERM MARKETS FOR MATERIAL AND ENERGY
FECOVERED FROM SUCH FACILITIES.
SECTION 3 (M) AMENDS SECTION 4005 TO MAKE TECHNICAL CHANGES.
SECTION 3 (N) AMENDS SECTION 4006 (I) (B) TO REPLACE THE ORD
"FUNCTIONS" WITH "MANAGEMENT ACTIVITIES".
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SECTION 3 (O) AMENDS SECTION 6002 BY OUTLINING FEDERAL PROCUREMENT
PRACTICES FOR ITEMS TO INCLUDE CONSIDERATION FOR THE AVAILABILITY OF
SPECIFIED RECOVERED MATERIALS, THE IMPACT OF THESE ITEMS ON THE WASTE
STREAM, THE TECHNICAL AND ECONOMIC VIABILITY OF THESE PRODUCTS WHILE IN
USE, AND THE EFFECT OF PROCURING SUCH ITEMS ON GOVERNMENT PURCHASING
POWER. THE SECTION IS FURTHER AMENDED TO CHANGE THE DATES FOR
PUBLICATION OF SPECIFICATIONS TO JULY 1, L980: THE GUIDELINES TO
SEPTEMBER 1, L91L: AND FOR COMPLYING ITH THESE REQUIREMENTS TO
SEPTEMBER 1, L982.
SECTION 3 (P) AMENDS SECTION 3003 TO ALLOW THE ADMINISTRATOR TO TAKE
ACTION UPON RECEIPT OF EVIDENCE THAT THE HANDLING, STORAGE, TREATMENT,
TRANSPORTATION, OR DISPOSAL OF ANY SOLID OR HAZARDOUS WASTE MAY PRESENT
AN IMMINENT AND SUBSTANTIAL ENDANGERMENT TO HEALTH OR THE ENVIRONMENT.
THE ADMINISTRATOR IS ALSO GIVEN EMERGENCY POERS, TO ISSUE SUCH ORDERS AS
MAY BE NECESSARY TO PROTECT THE PUPLIC HEALTH AND A PENALTY IS INCLUDED
FOR ONE HO ILLFULLY VIOLATES AND ORDER OF THE ADMINISTRATOR.
SECTION 3 (Q) AMENDS SECTION 7006 OF THE ACT TO PROVIDE THE JUDICIAL
REVIE OF THE ACTIONS OF THE ADMINISTRATOR IN THE CIRCUIT COURT OF
APPEALS OF THE UNITED STATES FOR THE FEDERAL JUDICIAL DISTRICT IN WHICH
SUCH PERSON RESIDES OR TRANSACTS BUSINESS.
SECTION 3 (R) AMENDS SECTION 7009 TO MAKE A TECHNICAL CORRECTION.
SECTION 3 (S) AMENDS SECTION 8002, ADDING A NEW SUBSECTION TO ORDER
THE ADMINISTRATOR TO CONDUCT A STUDY OF THE EFFECTS OF DRTLLING AND
PRODUCTION WASTES ON HUMAN HEALTH AND THE ENVIRONMENT. ONE MILLION
DOLLARS IS APPROPRIATED FOR THIS PURPOSE.
IN COMPLIANCE WITH CLAUSE 3 OF RULE XIII OF THE RULES OF THE HOUSE OF
REPRESENTATIVES, CHANGES IN EXISTING LA MADE BY THE BILL, AS REPORTED,
ARE SHOWN AS FOLLOWS (EXISTING LA PROPOSED TO BE OMITTED IS ENCLOSED IN
BLACK BRACKETS, NEW MATERIAL IS PRINTED IN ITALIES, EXISTING LAW IN
WHICH NO CHANGE IS PROPOSED IS SHOWN IN ROMAN):
SEC. 1001. THIS TITLE (THEFEINAFTER IN THIS TABLE REFERRED TO AS
"THIS ACT"), TOGETHER ITH THE FOLLOING TABLE OF CONTENTS MAY BE CITED AS
THE "SOLID WASTE DISPOSAL ACT"
SEC. 100L. SHORT TITLE AND TABLE OF CONTENTS.
SEC. 1002. CONGRESSIONAL FINDING.
SEC. 1003. OBJECTIVES.
SEC. 1004. DEFINITIONS.
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SEC. 1005. GOVERNMENTAL COOPERATION.
SEC. 1006. APPLICATION OF ACT AND INTEGRATION WITH OTHER ACTS.
SEC. 1007. FINANCIAL DISCLOSURE.
SEC. 1008. SOLID WASTE MANAGEMENT INFORMATION AND GUIDELINES.
SEC. 2001. OFFICE OF SOLID WASTE.
SEC. 2002. AUTHORITIES OF ADMINISTRATOR.
SEC. 2003. RESOURCE RECOVEFY AND CONSERVATION PANELS.
(SEC. 2004. GRANTS FOR DISCARDED TIRE DISPOSAL.)
SEC. (2005.) 2004. ANNUAL REPORT.
SEC. (2006.) 2005. GENERAL AUTHORIZATION.
SEC. 3001. IDENTIFICATION AND LISTING OF HAZARDOUS ASTE.
SEC. 3002. STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE.
SEC. 3003. STANDARDS APPLICAPLE TO TRANSPORTERS OF HAZARDOUS WASTE.
SEC. 3004. STANDARDS APPLICAPLE TO OWNERS AND OPERATORS OF HAZARDOUS
WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES.
SEC. 3005. PERMITS FOR TREATMENT, STORAGE, OR DISPOSAL OF HAZARDOUS
WASTE.
SEC. 3006. AUTHORIZED STATE HAZARDOUS WASTE PROGRAMS.
SEC. 3007. INSPECTTONS.
SEC. 3008. FEDERAL ENFORCEMENT.
SEC. 3009. RETENTION OF STATE AUTHORITY.
SEC. 3010. EFFECTIVE DATE.
SEC. 3011. AUTHORIZATION OF ASSISTANCE TO STATES.
SEC. 3012. HAZARDOUS WASTE SITE INVENTORY.
SEC. 3013. MONITORING, ANALYSIS, AND TESTING.
SEC. 5001. FUNCTIONS.
SEC. 5002. DEVELOPMENT OF SPECIFICATIONS FOR SECONDARY MATERTALS.
SEC. 5003. DEVELOPMENT OF MARKET FOR RECOVEREDMATERIALS.
SEC. 5004. TECHNOLOGY PROMOTION.
SEC. 5005. AUTHORIZATION OF APPROPRIATIONS.
SEC. 1004. AS USED IN THIS ACT: (1) * * *
(14) THE TERM "OPEN DUMP" MEANS A SITE FOR THE DISPOSAL OF SOLID ASTE
HICH IS NOT A SANITARY LANDFILL ITHIN THE MEANING OF SECTION 4004 OR
WHICH IS NOT A FACILITY FOR DISPOSAL OF HAZARDOUS WASTE.
(27) THE TERM "SOLID WASTE" MEANS ANY GARBAGE, REFUSE, SLUDGE FROM A
WASTE TREATMENT PLANT, WATEF SUPPLY TREATMENT PLANT, OR AIR POLLUTION
CONTROL FACILITY AND OTHER DISCARDED MATERIAL, INCLUDING SOLID, LIQUID,
SEMISOLTD, OR CONTAINED GASEOUS MATERIAL RESULTING FROM INDUSTRIAL,
COMMERCIAL, MINING, AND AGRICULTURAL OPERATIONS, AND FROM COMMUNITY
ACTIVITIES, BUT DOES NOT INCLUDE SOLID OR DISSOLVED MATERIAL IN DOMESTIC
DEWAGE, OR SOLID OR DISSOLVED MATERIALS IN IRRIGATION RETURN FLOS (OR
INDUSTRIAL DISCHARGES) OR SOLID OR DISSOLVED MATERIALS IN WASTEATERS
RECEIVED BY OR DISCHARGED FROM INDUSTRIAL OR MUNICIPAL WASTEWATER
TREATMENT FACILITIES WHICH ARE POINT SOURCES SUBJECT TO PERMITS UNDER
SECTION 402 OF THE FEDERAL WATER POLLUTION CONTROL ACT, AS AMENDED (86
STAT. 880), OR SOURCE, SPECIAL NUCLEAR, OR BYPRODUCT MATERIAL AS DEFINED
PY THE ATOMIC ENERGY ACT OF 1954, AS AMENDED (68 STAT. 923).
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(SEC. 2004. (A) GRANTS. THE ADMINTSTRATOR SHALL MAKE AVAILABLE
GRANTS (WORDS ILLEGIBLE) PERCENT OF THE PURCHASE PRICE OF TIRE SHREDDERS
(INCLUDING PORTAPLE SHREDDERS ATTACHED TO TIRE COLLECTION TRUCKS) TO
THOSE ELIGIBLE APPLICANTS BEST MEETING CRITERIA PROMULGATED UNDER THIS
SECTION. AN ELIGIPLE APPLICANT MAY BE ANY PRIVATE PURCHASER, PUPLIC
PODY, OR PUBLIC PRIVATE JOINT VENTURE. CRITERIA FOR RECEIVING GRANTS
SHALL BE PROMULGATED UNDER THIS SECTION AND SHALL INCLUDE THE POLICY TO
OFFER ANY PRIVATE PURCHASER THE FIRST OPTION TO RECEIVE A GRANT, THE
POLICY TO DEVELOP WIDESPREAD GEOGRAPHIC DISTRIBUTION OF TIRE SHREDDING
FACILITIES, THE NEED FOR SUCH FACILITIES WITHIN A GEOGRAPHIC AREA, AND
THE PROJECTED RISK AND VIABILITY OF ANY SUCH VENTURE. IN THE CASE OF AN
APPLICATION UNDER THIS SECTION FROM A PUBLIC BODY, THE ADMINISTRATOR
SHALL FIRST MAKE A DETERMINATION THAT THERE ARE NO PRIVATE PURCHASERS
INTERESTED IN MAKING AN APPLICATION BEFORE APPROVING A GRANT TO A PU0LIC
BODY.
((B) AUTHORIZATION. THERE IS AUTHORIZED TO BE APPROPRIATED $750,000
FOR EACH OF THE FISCAL YEARS 1978 AND 1979 TO CARRY OUT THIS SECTION.)
SEC. (2005) 2004. THE ADMINISTRATOR SHALL TRANSMIT TO THE CONGRESS
AND THE PRESIDENT, NOT LATER THAN NINETY DAYS AFTER THE END OF EACH
FISCAL YEAR, A COMPREHENSIVE AND DETAILED REPORT ON ALL ACTIVITIES OF
THE OFFICE DURING THE PRECEDING FISCAL YEAR. EACH SUCH REPORT SHALL
INCLUDE
(1) A STATEMENT OF SPECIFIC AND DETAIL OBJECTIVES FOR THE ACTIVITIES
AND PROGRAMS CONDUCTED AND ASSISTED UNDER THIS ACT:
(2) STATEMENTS OF THE ADMINISTRATOR'S CONCLUSIONS AS TO THE
EFFECTIVENESS OF SUCH ACTIVITIES AND PROGRAMS IN MEETING THE STATED
OBJECTIVES AND THE PURPOSES OF THIS ACT, MEASURED THROUGH THE END OF
SUCH FISCAL YEAR:
(3) A SUMMARY OF OUTSTANDING SOLID WASTE PROBLEMS CONFRONTING THE
ADMINISTRATION, IN ORDER OF PRIORITY:
(4) RECOMMENDATIONS WITH RESPECT TO SUCH LEGISLATION WHICH THE
ADMINISTRATOR DEEMS NECESSARY OR DESIRAPLE TO ASSIST IN SOLVING PROBLEMS
RESPECTING SOLID WASTE:
(5) ALL OTHER INFORMATION REQUIRED TO BE SUBMITTED TO THE CONGRESS
PURSUANT TO ANY OTHER PROVISION OF THIS ACT: AND
(6) THE ADMINISTRATOR'S PLANS FOR ACTIVITIES AND PROGRAMS RESPECTING
SOLID ASTE DURING THE NEXT FISCAL YEAR.
SEC. (2006) 2005. (A) GENERAL ADMINISTRATION -- THERE ARE AUTHORIZED
TO BE APPROPRIATED TO THE ADMINISTRATOR FOR THE PURPOSE OF CARRYING OUT
THE PROVISIONS OF THIS ACT, $35,000,000 FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 1977, $38,000,000 FOR THE FISCAL YEAR ENDING SEPTEMBER 30,
1978, (AND) $42,000,000 FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1979,
AND $42,000,000 FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1980.
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(B) RESOURCE RECOVERY AND CONSERVATION PANELS. - NOT LESS THAN 20
PERCENT OF THE AMOUNT APPROPRIATED UNDER SUBSECTION (A) SHALL BE USED
ONLY FOR PURPOSES OF RESOURCE RECOVERY AND CONSERVATION PANELS
ESTABLISHED UNDER SECTION 2003 (INCLUDING TRAVEL EXPENSES INCURRED BY
SUCH PANELS IN CARRYING OUT THEIR FUNCTIONS UNDER THIS ACT).
(C) HAZARDOUS WASTES. - NOT LESS THAN 30 PERCENT OF THE AMOUNT
APPROPRIATED UNDER SUBSECTION (A) SHALL BE USED ONLY FOR PURPOSES OF
CARRYING OUT SUBTITLE C OF THIS ACT (RELATING TO HAZARDOUS WASTE) OTHER
THAN SECTION 3011.
SEC. 3001. (A) * * *
(B) (1) IDENTIFICATION AND LISTING. - NOT LATER THAN EIGHTEEN MONTHS
AFTER THE DATE OF ENACTMENT OF THIS SECTION, AND AFTER NOTICE AND
OPPORTUNITY FOR PUBLIC HEARING, THE ADMINISTRATOR SHALL PROMULGATE
REGULATIONS IDENTIFYING THE CHARACTERISTICS OF HAZARDOUS WASTE, AND
LISTING PARTICULAR HAZARDOUS WASTES (WITHIN THE MEANING OF SECTION
1004(5)), WHICH SHALL BE SUBJECT TO THE PROVISIONS OF THIS SUBTITLE.
SUCH REGULATIONS SHALL BE BASED ON THE CRITERIA PROMULGATED UNDER
SUBSECTION (A) AND SHALL BE REVISED FROM TIME TO TIME THEREAFTER AS MAY
BE APPROPRIATE.
(2) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (1) OF THIS
SUBSECTION, DRILLING FLUIDS, PRODUCED WATERS, AND OTHER WASTES
ASSOCIATED WITHTHE EXPLORATION FOR, OR DEVELOPMENT AND PRODUCTION OF,
CRUDE OIL OR NATURAL GAS SHALL NOT BE CONSIDERED "HAZARDOUS WASTE"
WITHIN THE MEANING OF THIS SECTION AND SHALL NOT BE SUBJECT TO THE
PROVISIONS OF THIS SUBTITLE.
SEC. 3004. NOT LATER THAN EIGHTEEN MONTHS AFTER THE DATE OF
ENACTMENT OF THIS SECTION, AND AFTER OPPORTUNITY FOR PUBLIC HEARINGS AND
AFTER CONSULTATION WITH APPROPRIATE FEDERAL AND STATE AGENCIES, THE
ADMINISTRATOR SHALL PROMULGATE REGULATIONS ESTABLISHING SUCH PERFORMANCE
STANDARDS, APPLICABLE TO OWNERS AND OPERATORS OF FACILITIES FOR THE
TREATMENT, STORAGE, OR DISPOSAL OF HAZARDOUS WASTE IDENTIFIED OR LISTED
UNDER THIS SUBTITLE, AS MAY BE NECESSARY TO PROTECT HUMAN HEALTH AND THE
ENVIRONMENT. IN ESTABLISHING SUCH STANDARDS THE ADMINISTRATOR SHALL,
WHERE APPROPRIATE, ESTABLISH SEPARATE STANDARDS FOR NEW AND EXISTING
FACILITIES. SUCH STANDARDS SHALL INCLUDE, BUT NEED NOT BE LIMITED TO,
REQUIREMENTS RESPECTING:
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(1) MAINTAINING RECORDS OF ALL HAZARDOUS WASTES IDENTIFIED OR LISTED
UNDER THIS TITLE WHICH IS TREATED, STORED, OR DISPOSED OF, AS THE CASE
MAY BE, AND THE MANNER IN WHICH SUCH WASTES WERE TREATED, STORED, OR
DISPOSED OF:
(2) SATISFACTORY REPORTING, MONITORING, AND INSPECTION AND COMPLIANCE
WITH THE MANIFEST SYSTEM REFERRED TO IN SECTION 3002(5):
(3) TREATMENT, STORAGE, OR DISPOSAL OF ALL SUCH WASTE RECEIVED PY THE
FACILITY PURSUANT TO SUCH OPERATING METHODS, TECHNIQUES, AND PRACTICES
AS MAY BE SATISFACTORY TO THE ADMINISTRATOR:
(4) THE LOCATION, DESIGN, AND CONSTFUCTION OF SUCH HAZARDOUS WASTE
TREATMENT, DISPOSAL, OR STORAGE FACILITIES:
(5) CONTINGENCY PLANS FOR EFFECTIVE ACTION TO MINIMIZE UNANTICIPATED
DAMAGE FROM ANY TREATMENT, STORAGE, OR DISPOSAL OF ANY SUCH HAZARDOUS
WASTE:
(6) THE MAINTENANCE OF OPERATION OF SUCH FACILITIES AND REQUIFING
SUCH ADDITIONAL QUALIFICATIONS AS TO ONERSHIP, CONTINUITY OF OPERATION,
TRAINING FOR PERSONNEL, AND FINANCIAL RESPONSIBILITY AS MAY BE NECESSARY
OR DESIRABLE: AND
(7) COMPLIANCE WITH THE REQUIREMENTS OF SECTION 3005 RESPECTING
PERMITS FOR TREATMENT, STORAGE, OR DISPOSAL.
NO PRIVATE ENTITY SHALL EE PRECLUDED BY REASONS OF CRITERIA
ESTABLISHED UNDER PARAGRAPH (6) FROM THE OWNERSHIP OR OPERATION OF
FACILITIES PROVIDING HAZARDOUS ASTE TREATMENT, STORAGE, OR DISPOSAL
SERVICES WHERE SUCH ENTITY CAN PROVIDE ASSURANCES OF FINANCIAL
RESPONSIBILITY AND CONTINUITY OF OPERATION CONSISTENT WITH THE DEGREE
AND DURATION OF RISKS ASSOCIATED WITH THE TREATMENT, STORAGE, OR
DISPOSAL OF SPECIFIED HAZARDOUS WASTE.
(C) INTERIM STATUS. ANY PERSON WHO (1) OWNS OR OPERATES A FACILITY
REQUIRED TO HAVE A PERMIT UNDER THIS SECTION WHICH FACILITY IS IN
EXISTENCE ON THE (DATE OF ENACTMENTS OF THIS ACT) EFFECTIVE DATE OF THE
REGULATIONS UNDER SECTIONS 3001 AND 3004, (2) HAS COMPLIED WITH THE
REQUIREMENTS OF SECTION 3010 (A), AND (3) HAS MADE AN APPLICATION FOR A
PERMIT UNDER SECTION SHALL BE TREATED AS HAVING BEEN ISSUED SUCH PERMIT
UNTIL SUCH TIME AS FINAL ADMINISTRATIVE DISPOSITION OF SUCH APPLICATTON
IS MADE, UNLESS THE ADMINISTRATOR OR OTHER PLAINTIFF PROVES THAT FINAL
ADMINISTRATIVE DISPOSITION OF SUCH APPLICATION HAS NOT BEEN MADE PECAUSE
OF THE FAILURE OF THE APPLICANT TO FURNISH INFORMATION REASONABLY
REQUIRED OR REQUESTED IN ORDER TO PROCESS THE APPLICATION.
SEC. 3007, (A) ACCESS ENTRY. FOR PURPOSES OF DEVELOPING OR ASSISTING
IN THE DEVELOPMENT OF ANY REGULATION OR ENFORCING THE PROVISIONS OF THIS
SUBTITLE, OR SECTION 7003 OF SUBTITLE G, ANY PERSON WHO GENERATES,
STORES, TREATS, TRANSPORTS, DISPOSES OF, OR OTHERISE HANDLES OR HAS
HANDLED HAZARDOUS WASTES SHALL, UPON REQUEST OF ANY OFFICER (OR
EMPLOYEE), EMPLOYEE OR REPRESENTATIVE OF THE ENVIRONMENTAL PROTECTION
AGENCY, DULY DESIGNATED BY THE ADMINISTRATOR, OR UPON FEQUEST OF ANY
DULY DESIGNATED OFFICER, EMPLOYEE, OR REPRESENTATIVE OF A STATE HAVING
AN AUTHORTZED HAZARDOUS ASTE PROGRAM, FURNISH INFORMATION RELATING TO
SUCH WASTES AND (OR) PERMIT SUCH A PERSON AT ALL REASONABLE TIMES TO
HAVE ACCESS TO, AND TO COPY ALL RECORDS, RELATING TO SUCH WASTES.
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FOR THE PURPOSES OF DEVELOPING OR ASSISTING IN THE DEVELOPMENT OF ANY
REGULATION OR ENFORCING THE PROVISIONS OF THIS TITLE, SUCH OFFICERS (OR
EMPLOYEES), EMPLOYEES OR REPFESENTATIVES ARE AUTHORIZED
(A) TO ENTER AT REASONABLE TIMES ANY ESTABLISHMENT OR OTHER PLACE
(MAINTAINED BY ANY PERSON) WHERE HAZARDOUS WASTES ARE OR HAVE BEEN
GENERATED, STORED, TREATED, DISPOSED OF, OR TRANSPORTED FROM:
(2) TO INSPECT AND OBTAIN SAMPLES FROM ANY PERSON OF ANY SUCH WASTES
AND SAMPLES OF ANY CONTAINERS OR LAPELING FOR SUCH ASTES.
EACH SUCH INSPECTION SHALL BE COMMENCED AND COMPLETED WITH REASONABLE
PROMPTNESS. IF THE OFFICER (OR EMPLOYEE), EMPLOYEE OR REPRESENTATIVE
OBTAINS ANY SAMPLES, PRIOR TO LEAVING THE PREMISES, HE SHALL GIVE TO THE
OWNER, OPERATOR, OR AGENT IN CHARGE OF RECEIPT DESCRIBING THE SAMPLE
OBTAINED AND IF REQUESTED A PORTION OF EACH SUCH SAMPLE EQUAL IN VOLUME
OR EIGHT TO THE PORTION RETAINED. IF ANY ANALYSIS IS MADE OF SUCH
SAMPLES, A COPY OF THE RESULTS OF SUCH ANALYSIS SHALL BE FURNISHED
PROMPTLY TO THE OWNER, OPERATOR, OR AGENT IN CHARGE.
(B) AVAILABILITY TO PUBLIC -- ANY RECORDS, REPOFTS, OR INFORMATION
OBTAINED FROM ANY PERSON UNDER THIS SECTION (INCLUDING RECORDS, REPORTS,
OR INFORMATION OPTAINED PY REPRESENTATIVES OF THE ENVIRONMENTAL
PROTECTION AGENCY) SHALL BE AVAILABLE TO THE PUBLIC, EXCEPT THAT UPON A
SHOWING SATISFACTORY TO THE ADMINISTRATOR (OR THE STATE, AS THE CASE MAY
BE) BY ANY PERSON THAT RECORDS, REPORTS, OR INFORMATION, OR PARTICULAR
PART THEREOF, TO HICH THE ADMINISTRATOR (OR THE STATE, AS THE CASE MAY
BE) HAS ACCESS UNDER THIS SECTION IF MADE PUBLIC, WOULD DIVULGE
INFORMATION ENTITLED TO PROTECTION UNDER SECTION 1905 OF TITLE 18 OF THE
UNITED STATES CODE, THE ADMINISTRATOR (OR THE STATE, AS THE CASE MAY PE)
SHALL CONSIDER SUCH INFORMATION OR PARTICULAR PORTION THEREOF
CONFIDENTIAL IN ACCORDANCE WITH THE PURPOSES OF THAT SECTION, EXCEPT
THAT SUCH RECORD, REPORT, DOCUMENT, OR INFORMATION MAY BE DISCLOSED TO
OTHER OFFICERS, EMPLOYEES, OR AUTHORIZED REPRESENTATIVES OF THE UNITED
STATES CONCERNED WITH CAFRYING OUT THIS ACT, OR WHEN RELEVANT IN ANY
PROCEEDING UNDER THIS ACT.
SEC. 3008, (A) COMPLIANCE ORDERS -- (1) EXCEPT AS PROVIDED IN
PARAGRAPH (2), WHENEVER ON THE BASIS OF ANY INFORMATION THE
ADMINISTRATOR DETERMINES THAT ANY PERSON IS IN VIOLATION OF ANY
REQUIREMENT OF THIS SUBTITLE, (THE ADMINISTRATOR SHALL GIVE NOTICE TO
THE VIOLATOR OF HIS FAILURE TO COMPLY WITH SUCH REQUIREMENT. IF SUCH
VIOLATION EXTENDS BEYOND THE THIRTIETH DAY AFTER THE ADMINISTRATOR'S
NOTIFICATION.) THE ADMINISTRATOR MAY ISSUE AN ORDER REQUIIRING
COMPLIANCE IMMEDIATELY OR WITHIN A SPECIFIED TIME PERIOD OR THE
ADMINISTRATOR MAY COMMENCE A CIVIL ACTION IN THE UNITED STATES DISTRICT
COURT IN THE DISTRICT IN WHICH THE VIOLATION OCCURRED FOR APPROPFIATE
RELIEF, INCLUDING A TEMPORARY OR PERMANENT INJUNCTION.
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(2) IN THE CASE OF A VIOLATION OF ANY REQUIREMENT OF THIS SUBTITLE
WHERE SUCH VIOLATIONS OCCURS IN A STATE WHICH IS AUTHORIZED TO CARRY OUT
A HAZARDOUS WASTE PROGRAM UNDER SECTION 3006, THE ADMINISTRATOR SHALL
GIVE NOTICE TO THE STATE IN WHICH SUCH VIOLATION HAS OCCURRED (THIRTY
DAYS) PRIOR TO ISSUING AN ORDER OR COMMENCING A CIVIL ACTION UNDER THIS
SECTION.
(D) CRIMINAL PENALTY -- ANY PERSON WHO KNOWINGLY
(1) TRANSPORTS ANY HAZARDOUS WASTE IDENTIFIED OR LISTED UNDER THIS
SUBTITLE TO A FACILITY WHICH DOES NOT HAVE A PERMIT UNDER SECTION 3006
(OR 3006 IN THE CASE OF A STATE PROGRAM), OR PURSUANT TO TITLE I OF THE
MARINE PROTECTION, RESEARCH, AND SANCTUARIES ACT (86 STAT. (NUMBER
ILLEGIBLE) ).
(2) TREATS, STORES, OR DISPOSES OF ANY HAZARDOUS WASTE IDENTIFIED OR
LISTED UNDER THIS SUBTITLE WITHOUT HAVING OBTAINED A PERMIT UNDER
SECTION 3005 (OR 3006 IN THE CASE OF A STATE PROGRAM) OR PURSUANT TO
TITLE I OF THE MARINE PROTECTION, RESEARCH, AND SANCTUARIES ACT (86
STAT. (NUMBER ILLEGIBLE) ).
(3) MAKES ANY FALSE STATEMENT OR REPRESENTATION IN ANY APPLICATION,
LABELS, MANIFEST, RECORD, REPORT, PERMIT OR OTHER DOCUMENT OR
INFORMATION FILED, MAINTAINED, OR USED FOR PURPOSES OF COMPLIANCE WITH
THIS SUBTITLE(.), OR
(4) GENERATES, STORES, TREATS, TRANSPORTS, DISPOSES OF, OR OTHERWISE
HANDLES ANY HAZARDOUS WASTE (WHETHER SUCH ACTIVITY TOOK PLACE BEFORE OR
TAKES PLACE AFTER THE DATE OF THE ENACTMENT OF THIS PARAGRAPH) AND
(A) HO FAILS OR REFUSES TO COMPLY WITH ANY ORDER UNDER SECTION 3012,
OR
(B) DESTROYS, ALTERS, OR CONCEALS ANY RECORD MAINTAINED WITH RESPECT
TO THE GENERATION, STORING, TREATMENT, TRANSPORTATION, DISPOSAL, OR
OTHER HANDLING OF HAZARDOUS WASTE.
SEC. 3011, (A) AUTHORIZATION -- THERE IS AUTHORIZED TO BE
APPROPRIATED $25,000,000 FOR EACH OF THE FISCAL YEARS 1978 AND 1979 AND
$30,000,000 FOR THE FISCAL YEAR 1980 TO BE USED TO MAKE GRANTS TO THE
STATES FOR PURPOSES OF ASSISTING THE STATES IN THE DEVELOPMENT AND
IMPLEMENTATION OF AUTHORIZED STATE HAZARDOUS WASTE PROGRAMS.
(B) ALLOCATION -- AMOUNTS AUTHORIZED TO BE APPROPRIATED UNDER
SUBSECTION (A) SHALL BE ALLOCATED AMONG THE STATES ON THE BASIS OF
REGULATIONS PROMULGATED BY THE ADMINISTRATOR, AFTER CONSLTATION WITH THE
STATES, HICH TAKE INTO ACCOUNT, THE EXTENT TO WHICH HAZARDOUS WASTE IS
GENERATED, TRANSPORTED, TREATED, STORED, AND DISPOSED OF WITHIN SUCH
STATE, THE EXTENT OF EXPOSURE OF HUMAN BEINGS AND THE ENVIRONMENT WITHIN
SUCH STATE TO SUCH WASTE, AND SUCH OTHER FACTORS AS THE ADMINISTRATOR
DEEMS APPROPRIATE.
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(C) ACTIVITIES INCLUDED. STATE HAZARDOUS WASTE PROGRAMS FOR WHICH
GRANTS MAY BE MADE UNDER SUBSECTION (D) MAY INCLUDE, (BUT SHALL NOT BE
LIMITED TO) PLANNING FOR HAZARDOUS ASTE TREATMENT, STORING, AND DISPOSAL
FACILITIES, AND THE DEVELOPMENT AND OPERATION OF PROGRAMS TO PROTECT
HEALTH AND THE ENVIRONMENT FROM INACTIVE FACILITIES WHICH MAY CONTAIN
HAZARDOUS WASTE AND HICH MAY PRESENT A SUPSTANTIAL ENDANGEFMENT TO THE
HUMAN HEALTH OR THE ENVIRONMENT.
SEC. 3012, (A) STATE INVENTORY PROGRAMS. EACH STATE SHALL, AS
EXPEDITIOUSLY AS PRACTICABLE, UNDERTAKE A CONTINUING PROGRAM TO COMPILE,
PUBLISH, AND SUBMIT TO THE ADMINISTRATOR AN INVENTORY DESCRIBING THE
LOCATION OF EACH SITE WITHIN SUCH STATE OF WHICH HAZARDOUS WASTE (ORD
ILLEGIPLE) AT ANY TIME BEEN STORED OR DISPOSED OF. SUCH INVENTORY SHALL
CONTAIN
(1) A DESCRIPTION OF THE LOCATION OF THE SITES AT WHICH ANY SUCH
STORAGE OR DISPOSAL HAS TAKEN PLACE BEFORE THE DATE ON WHICH PERMITS ARE
REQUIRED UNDER SECTION 3005 FOR SUCH STORAGE OR DISPOSAL:
(2) SUCH INFORMATION RELATING TO THE AMOUNT, NATURE, AND TOXICITY OF
THE HAZARDOUS WASTE AT EACH SUCH SITE AS MAY BE PRACTICABLE TO OBTAIN
AND AS MAY NECESSARY TO DETERMINE THE EXTENT OF ANY HEALTH HAZARD WHICH
MAY BE ASSOCIATED WITH SUCH SITE:
(3) THE NAME AND ADDRESS, OR CORPORATE HEADQUARTERS OF, THE OWNER OF
EACH SUCH SITE, DETERMINED AS OF THE DATE OF PFEPARATION OF THE
INVENTORY:
(4) AN IDENTIFICATION OF THE TYPES OR TECHNIQUES OF WASTE TREATMENT
OR DISPOSAL WHICH HAVE BEEN USED AT EACH SUCH SITE: AND
(5) INFORMATION CONCERNING THE CURRENT STATUS OF THE SITE, INCLUDING
INFORMATION RESPECTING HETHER OR NOT HAZARDOUS ASTE IS CURRENTLY BEING
TREATED OR DISPOSED OF AT SUCH SITE (AND IF NOT, THE DATE ON WHICH SUCH
ACTIVITY CEASED) AND INFORMATION RESPECTING THE NATURE OF ANY OTHER
ACTIVITY CURRENTLY CARRIED OUT AT SUCH SITE.
FOR PURPOSES OF ASSISTING THE STATES IN COMPILING INFORMATION UNDER
THIS SECTION, THE ADMINISTRATOR SHALL MAKE AVAILABLE TO EACH STATE
UNDERTAKING A PROGRAM UNDER THIS SECTION SUCH INFORMATION AS IS
AVAILAPLE TO HIM CONCERNING THE ITEMS SPECIFIED IN PARAGRAPHS (1)
THROUGH (5) WITH RESPECT TO THE SITES WITHIN SUCH STATE, INCLUDING SUCH
INFORMATION AS THE ADMINISTRATOR IS ABLE TO OBTAIN FROM OTHER AGENCIES
OR DEPARTMENTS OF THE UNITED STATES AND FROM SURVEYS AND STUDIES CARRIED
OUT BY ANY COMMITTEE OR SUBCOMMITTEE OF THE CONGRESS. ANY STATE MAY
EXERCISE THE AUTHORITY OF SECTION 3007 FOR PURPOSES OF THIS SECTION IN
THE SAME MANNER AND TO THE SAME EXTENT AS PROVIDED IN SUCH SECTION IN
THE CASE OF STATES HAVING AN AUTHORIZED HAZARDOUS WASTE PROGRAM, AND ANY
STATE MAY BY ORDER REQUIRE ANY PERSON TO SUBMIT SUCH INFORMATION AS MAY
BE NECESSARY TO COMPILE THE DATA REFERRED TO IN PARAGRAPHS (1) AND (2).
(B) EPA PROGRAM -- IF THE ADMINISTRATOR DETERMINES THAT ANY STATE
PROGRAM UNDER SUBSECTION (LETTER ILLEGIBLE) IS NOT ADEQUATELY PROVIDING
INFORMATION RESPECTING THE SITES IN SUCH STATE REFERRED TO IN SUBSECTION
(A), THE ADMINISTRATOR SHALL NOTIFY THE STATE. IF WITHIN 90 DAYS
FOLLOWING SUCH NOTIFICATION, THE STATE PROGRAM HASNOT BEEN REVISED OR
AMENDED IN SUCH MANNER AS WILL ADEQUATELY PROVIDE SUCH INFORMATION, THE
ADMINISTRATOR SHALL CARRY OUT THE INVENTORY PFOGRAM IN SUCH STATE.
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IN ANY SUCH CASES
(1) THE ADMINISTRATION SHALL HAVE THE AUTHORITIES PROVIDED ITH
RESPECT TO STATE PROGRAMS UNDER SUBSECTION (A);
(2) THE FUNDS ALLOCATED UNDER SUBSECTION (C) FOR GRANTS TO STATES
UNDER THIS SECTION MAY BE USED BY THE ADMINISTRATOR FOR CARRYING OUT
SUCH PROGRAM IN SUCH STATE: AND
(3) NO FURTHER EXPENDITURES MAY BE MADE FOR GRANTS TO SUCH STATE
UNDER THIS SECTION UNTIL SUCH TIME AS THE ADMINISTRATOR DETERMINES THAT
SUCH STATE IS CARRYING OUT, OR WILL CARRY OUT, AN INVENTORY PROGRAM
WHICH MEETS THE REQUIREMENTS OF THIS SECTION.
(C) GRANTS -- (1) UPON RECEIPT OF AN APPLICATION SUPMITTED PY ANY
STATE TO CARRY OUT A PROGRAM UNDER THIS SECTION, THE ADMINISTRATOR MAY
MAKE GRANTS TO THE STATES FOR PURPOSES OF CARRYING OUT SUCH A PROGRAM.
GRANTS UNDER THIS SECTION SHALL BE ALLOCATED AMONG THE SEVERAL STATES BY
THE ADMINISTRATOR PASED UPON SUCH REGULATIONS AS HE PRESCRIBES TO CARRY
OUT THE PURPOSES OF THIS SECTION. THE ADMINISTRATOR MAY MAKE GRANTS TO
ANY STATE WHICH HAS CONDUCTED AN INVENTORY PROGRAM WHICH EFFECTIVELY
CARRIED OUT THE PURPOSES OF THIS SECTION BEFORE THE DATE OF THE
ENACTMENT OF THE RESOURCE CONSERVATION AND RECOVERY ACT AMENDMENTS OF
1979 TO REIMBURSE SUCH STATE FOR ALL, OR ANY PORTION OF, THE COSTS
INCURRED BY SUCH STATE IN CONDUCTING SUCH PROGRAM.
(2) THERE ARE AUTHORIZED TO BE APPROPRIATED TO CARRY OUT THIS SECTION
$20,000,000 FOR THE FISCAL YEAR 1980.
SEC. 3013, (A) AUTHORITY OF ADMINISTRATOR -- UPON THE RECEIPT OF ANY
INFORMATION INDICATING THAT HAZARDOUS WASTE IS, OR HAS PEEN, STORED,
TREATED, OR DISPOSED OF AT ANY FACILITY OR SITE, AND THE PRESENCE OF ANY
HAZARDOUS WASTE AT SUCH FACILITY OR SITE, OR THE RELEASE OF ANY SUCH
WASTE OF OTHER SUBSTANCES FROM SUCH FACILITY OR SITE, MAY CREATE A
SIGNIFICANT HAZARD TO HUMAN HEALTH OR THE ENVIRONMENT, THE ADMINISTRATOR
MAY ISSUE AN ORDER REQUIRING THE PERSONS HO OWNED OR OPERATED SUCH
FACILITY OR SITE FOR ANY PERIOD DURING WHICH HAZARDOUS WASTE WAS TREATED
OR DISPOSED OF AT SUCH SITE TO
(1) CONDUCT SUCH MONITORING, TESTING, ANALYSIS, AND REPORTING AS THE
ADMINISTRATOR DEEMS NECESSARY TO ASCERTAIN THE NATURE AND EXTENT OF THE
POTENTIAL HAZARD TO PUBLIC HEALTH AND THE ENVIRONMENT ASSOCIATED WITH
SUCH FACILITY OR SITE: OR
(2) PAY FOR THE COSTS OF SUCH MONITORING, TESTING, AND ANALYSIS
CARRIED OUT BY THE ADMINISTRATOR, A STATE OR LOCAL GOVERNMENT, OR BY ANY
PERSON DESIGNATED BY THE ADMINISTRATOR.
AN ORDER ISSUED BY THE ADMINISTRATOR UNDER THIS SECTION SHALL BECOME
FINAL 30 DAYS AFTER THE DATE OF ISSANCE UNLESS, BEFORE THE EXPIRATION OF
SUCH 30 DAY PERIOD, THE PERSON OR PERSONS SUBJECT TO SUCH ORDER REQUEST
A PUBLIC HEARING. WHEN SUCH A HEARING IS REQUESTED, THE ORDER (AS
ISSUED OR MODIFIED) SHALL BECOME FINAL, OR SHALL BE REVOKED BY THE
ADMINISTRATOR, NOT LATER THAN 10 DAYS AFTER CONCLUSION OF THE HEARING.
ANY HEARING UNDER THIS SUESECTION SHALL BE COMMENCED WITHIN 90 DAYS OF
THE ISSUANCE OF THE ORDER AND SHALL BE CONDUCTED PURSUANT TO (WORDS
ILLEGIBLE) OF THE UNITED STATES CODE.
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(B) VIOLATIONS-- ANY PERSON WHO VIOLATES OR FAILS OR REFUSES TO
COMPLY WITH AN ORDER ISSUED UNDER THIS SECTION SHALL (ORDS ILLEGIBLE)
SEC. 4003. IN ORDER TO BE APPROVED UNDER SECTION 4007, EACH STATE
PLAN MUST COMPLY WITH THE FOLLOWING MINIMUM REQUIREMENTS
(1) * *
(2) THE PLAN SHALL IN ACCORDANCE WITH SECTION (4005) 4004 (B),
PROHIBIT THE ESTABLISHMENT OF NE OPEN DUMPS WITHIN THE STATE, AND
CONTAIN REQUIREMENTS THAT ALL SOLID WASTE (INCLUDING SOLID WASTE
ORIGINATING IN OTHER STATES, BUT NOT INCLUDING HAZARDOUS WASTE) SHALL BE
(A) UTILIZED FOR RESOURCE RECOVERY OR (B) DISPOSED OF IN SANITARY
LANDFILLS (WITHIN THE MEANING OF SECTION 4004 (A) ) OR OTHERISE DISPOSED
OF IN AN ENVIRONMENTALLY SOUND MANNEF.
(5) THE PLAN SHALL PROVIDE THAT NO STATE OR LOCAL GOVERNMENT WITHIN
THE STATE SHALL BE PROHIBITED UNDER STATE OR LOCAL LAW FROM ENTERING
INTO LONG-TERM CONTRACTS FOR THE SUPPLY OF SOLID WASTE IN RESOURCE
RECOVERY FACILITIES(.), FROM ENTERING INTO LONG-TERM CONTRACTS FOR THE
OPERATION OF SUCH FACILITIES, OR FROM SECURING LONG-TERM MARKETS FOR
MATERIAL AND ENERGY RECOVERED FROM SUCH FACILITIES.
SEC. 4005. ( (A) OPEN DUMPS. FOR PURPOSES OF THIS ACT, THE TERM
"OPEN DUMP" MEANS ANY FACILITY OR SITE WHERE SOLID ASTE IS DISPOSED OF
WHICH IS NOT A SANITARY LANDFILL WHICH MEETS THE CRITERIA PROMULGATED
UNDER SECTION 4004 AND WHICH IS NOT A FACILITY FOR DISPOSAL OF HAZARDOUS
WASTE.)
( (B) ) (A) INVENTORY. (NOT) NOT ASSIST THE STATES IN COMPLYING ITH
SECTION (NUMBERS ILLEGIPLE), NOT LATER THAN ONE YEAR AFTER PROMULGATION
OF REGULATIONS UNDER SECTION 4004, THE ADMINISTRATOR, WITH THE
COOPERATION OF THE BUREA OF THE CENSUS SHALLPUBLISH AN INVENTORY OF ALL
DISPOSAL FACILITIES OR SITES IN THE UNITED STATES WHICH ARE OPEN DUMPS
WITHIN THE MEANING OF THIS ACT.
( (C) ) (B) CLOSING OR UPGRADING OF EXISTING OPEN DUMPS (ANY) UPON
PROMULGATION OF CRITERIA UNDER SECTION 1008 (A) (3), ANY SOLID WASTE
MANAGEMENT PRACTICE OR DISPOSAL OF SOLID WASTE OR HAZARDOUS WASTE IS
PROHIBITED, EXCEPT IN THE CASE OF ANY PRACTICE OR DISPOSAL OF SOLID
WASTE UNDER A TIMETABLE OR SCHEDULE FOR COMPLIANCE ESTABLISHED UNDER
THIS SECTION.
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FOR PURPOSES OF COMPLYING WITH SECTION 4003 ( (2) ) (3), EACH STATE PLAN
SHALL CONTAIN A REQUIREMENT THAT ALL EXISTING DISPOSAL FACILITIES OR
SITES FOR SOLID WASTE IN SUCH STATE HICH ARE OPEN DUMPS LISTED IN THE
INVENTORY UNDER SUBSECTION ( (B) ) (A) SHALL COMPLY WITH SUCH MEASURES
AS MAY BE PROMULGATED BY THE ADMINISTRATOR TO CLIMINATE HEALTH HAZARDS
AND MINIMIZE POTENTIAL HEALTH HAZARDS. EACH SUCH PLAN SHALL ESTABLISH
FOR ANY ENTITY WHICH DEMONSTRATES THAT IT HAS CONSIDERED OTHER PUBLIC OR
PRIVATE ALTERNATIVES FOR SOLID ASTE MANAGEMENT TO COMPLY WITH THE
PROHIBITION ON OPEN DUMPING AND IS UNABLE TO UTILIZE SUCH ALTERNATIVES
TO SO COMPLY, A TIMETABLE OR SCHEDULE FOF COMPLIANCE FOR SUCH PRACTICE
OR DISPOSAL OF SOLID WASTE WHICH SPECIFIES A SCHEDULE OF REMEDIAL
MEASURES, INCLUDING AN ENFORCEABLE SEQUENCE OF ACTIONS OR OPERATIONS,
LEADING TO COMPLIANCE WITH THE PROHIBITION OF OPEN DUMPING OF SOLID
WASTE WITHIN A REASONABLE TIME (NOT TO EXCEED 5 YEARS FROM THE DATE OF
PUBLICATION OF THE INVENTORY UNDER SUBSECTION (B) ).
SEC. 4006. (A) IDENTIFICATION OF REGIONS -- * * * (B) IDENTIFICATION
OF STATE AND LOCAL AGENCIES AND RESPONSIBILITIES. (1) WITHIN ONE
HUNDRED AND EIGHTY DAYS AFTER THE GOVERNOR PROMULGATES REGULATIONS UNDER
SUBSECTION (A), FOR PURPOSES OF FACILITATING THE DEVELOPMENT AND
IMPLEMENTATION OF A STATE PLAN WHICH WILL MEET THE MINIMUM REQUIREMENTS
OF SECTION 4003, THE STATE, TOGETHER WITH APPROPRIATE ELECTED OFFICIALS
OF GENERAL PURPOSE UNITS OF LOCAL GOVERNMENT, SHALL JOINTLY (A) IDENTIFY
AN AGENCY TO DEVELOP THE STATE PLAN AND IDENTIFY ONE OR MORE AGENCIES TO
IMPLEMENT SUCH PLAN, AND (B) IDENTIFY WHICH SHOLID WASTE (FUNCTIONS)
MANAGEMENT ACTIVITIES WILL, UNDER SUCH STATE PLAN, BE PLANNED FOR AND
CARRIED OUT BY THE STATE AND WHICH SUCH (FUNCTIONS) MANAGEMENT
ACTIVITIES WILL, UNDER SUCH STATE PLAN, BE PLANNED FOR AND CARRIED OUT
BY A REGIONAL OR LOCAL AUTHORITY OR A COMBINATION OF REGIONAL OR LOCAL
AND STATE AUTHORITIES. IF A MULTI-FUNCTIONAL REGIONAL AGENCY AUTHORIZED
BY STATE LAW TO CONDUCT SOLID WASTE PLANNING AND MANAGEMENT (THE MEMBERS
OF WHICH ARE APPOINTED BY THE GOVERNOR) IS IN EXISTENCE ON THE DATE OF
ENACTMENT OF THIS ACT, THE GOVERNOR SHALL IDENTIFY SUCH AUTHORITY FOR
PURPOSES OF CARRYING OUT WITHIN SUCH REGION CLAUSE (A) OF THIS
PARAGRAPH. HERE FEASIBLE DESIGNATION OF THE AGENCY FOR THE AFFECTED
AREA DESIGNATED UNDER SECTION 208 OF THE FEDERAL WATER POLLUTION CONTROL
ACT (86 STAT. 839) SHALL BE CONSIDERED. A STATE AGENCY IDENTIFIED UNDER
THIS PARAGRAPH SHALL PE ESTABLISHED OR DESIGNATED BY THE GOVERNOR OF
SUCH STATE, LOCAL OR REGIONAL AGENCIES IDENTIFIED UNDER THIS PARAGRAPH
SHALL PE COMPOSED OF INDIVIDUALS AT LEAST A MAJORITY OF WHOM ARE ELECTED
LOCAL OFFICIALS.
SEC. 4008. (A) AUTHORIZATION OF FEDERAL FINANCIAL ASSISTANCE (1)
THERE ARE AUTHORIZED TO BE APPROPRIATED $30,000,000 FOR FISCAL YEAR 1978
(AND), $40,000,000 FOR FISCAL YEAR 1979, AND $30,000,000 FOR THE FISCAL
YEAR 1980 FOR PURPOSES OF MAKTNG GRANTS TO THE STATES FOR THE
DEVELOPMENT AND IMPLEMENTATION OF STATE PLANS UNDER THIS SUBTITLE.
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(A) (A) THE ADMINISTRATOR IS AUTHORIZED TO PROVIDE FINANCIAL
ASSISTANCE TO STATES, COUNTIES, MUNICIPALITIES, AND INTERMUNICIPAL
AGENCIES AND STATE AND LOCAL PUBLIC SOLID WASTE MANAGEMENT AUTHORITIES
FOR IMPLEMENTATION OF PROGRAMS TO PROVIDE SOLID WASTE MANAGEMENT,
RESOURCE RECOVERY, AND RESOURCE CONSEFVATION SERVICES AND HAZARDOUS
WASTE MANAGEMENT. SUCH ASSISTANCE SHALL INCLUDE ASSISTANCE FOR FACILITY
PLANNING AND FEASIBILITY STUDIES: EXPERT CONSULTATION: SURVEYS AND
ANALYSES OF MARKET NEEDS: MARKETING OF RECOVERED RESOURCES: TECHNOLOGY
ASSESSMENTS: LEGAL EXPENSES: CONSTRUCTION FEASIBILITY STUDIES: SOURCE
SEPARATION PROJECTS: AND FISCAL OR ECONOMIC INVESTIGATIONS OR STUDIES:
BUT SUCH ASSISTANCE SHALL NOT INCLUDE ANY OTHER ELEMENT OF CONSTRUCTION,
OR ANY ACQUISITION OF LAND OR INTEREST IN LAND, OR ANY SUBSIDY FOR THE
PRICE OF RECOVERED RESOURCES. AGENCIES ASSISTED UNDER THIS SBSECTION
SHALL CONSIDEF EXISTING SOLID WASTE MANAGEMENT AND HAZARDOUS ASTE
MANAGEMENT SERVICES AND FACILITIES AS WELL AS FACILITIES PROPOSED FOR
CONSTRUCTION.
(B) AN APPLICANT FOR FINANCIAL ASSISTANCE UNDER THIS PARAGRAPH MUST
AGREE TO COMPLY WITH RESPECT TO THE PROJECT OR PROGRAM ASSISTED WITH THE
APPLICABLE REQUIREMENTS OF SECTION 4005 AND SUBTITLE C OF THIS ACT AND
APPLY APPLICABLE SOLID ASTE MANAGEMENT PRACTICES, METHODS, AND LEVELS OF
CONTROL CONSISTENT ITH ANY GUIDELINES PUBLISHED PURSUANT TO SECTION 1008
OF THIS ACT. ASSISTANCE UNDER THIS PARAGRAPH SHALL BE AVAILABLE ONLY
FOR PROGRAMS CERTIFIED PY THE STATE TO BE CONSISTENT WITH ANY APPLICABLE
STATE OR AREAIDE SOLID WASTE MANAGEMENT PLAN OR PROGRAM.
(C) THERE ARE AUTHORIZED TO BE APPFOPRIATED $15,000,000 FOR EACH OF
THE FISCAL YEARS 1978 AND 1979 AND $18,000,000 FOR THE FISCAL YEAR 1980
FOR PURPOSES OF THIS SECTION.
(E) SPECIAL COMMUNITIES -- (1) THE ADMINISTRATOR, IN COOPERATION WITH
STATE AND LOCAL OFFICIALS, SHALL IDENTIFY COMMUNITIES WITHIN THE UNITED
STATES (A) HAVING A POPULATION OF LESS THAN TWENTY-FIVE THOUSAND
PERSONS, (B) HAVING SOLID WASTE DISPOSAL FACILITIES IN WHICH MORE THAN
75 PER CENTUM OF THE SOLID WASTE DISPOSAL IS FROM AREAS OUTSIDE THE
JURISDICTION OF THE COMMUNITIES, AND (C) WHICH HAVE SERIOUS
ENVIRONMENTAL PROBLEMS RESULTING FROM THE DISPOSAL OF SUCH SOLID WASTE.
(2) THERE IS AUTHORIZED TO PE APPROPRIATED TO THE ADMINISTRATOR
$2,500,000 FOR EACH OF THE FISCAL YEARS 1978 AND 1979 AND $2,500,000 FOR
THE FISCAL YEAR 1980 TO MAKE GRANTS TO PE USED FOR THE CONVERSION,
IMPROVEMENT, OR CONSOLTDATION OF EXISTING SOLID WASTE DISPOSAL
FACILITIES, OF FOR THE CONSTRUCTION OF NEW SOLID ASTE DISPOSAL
FACILITIES, OR FOR POTH, WITHIN COMMUNITIES IDENTIFIED NDER PARAGRAPH
(1). NOT MORE THAN ONE COMMUNITY IN ANY STATE SHALL BE ELIGIBLE FOF
GRANTS UNDER THIS PARAGRAPH AND NOT MORE THAN ONE PROJECT TN ANY STATE
SHALL BE ELIGI0LE FOR SUCH GRANTS.
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SEC. 4009. (A) IN GENERAL -- * * *
(D) APPROPRIATIONS. THERE ARE AUTHORIZED TO BE APPROPRIATED
$25,000,000 FOR EACH OF THE FISCAL YEARS 1978 AND 1979 AND $10,000,000
FOR THE FISCAL YEAR 1980 TO CARRY OUT THIS SECTION.
SEC. 5002. THE SECRETARY OF COMMERCE, ACTING THROUGH THE NATIONAL
BUREAU OF STANDARDS, AND IN CONJUNCTION ITH NATIONAL STANDARDS SETTING
ORGANIZATIONS IN FESOURCE RECOVERY, SHALL, AFTER PUBLIC HEARINGS, AND
NOT LATER THAN TWO YEARS AFTER (THE DATE OF THE ENACTMENT OF THIS ACT)
SEPTEMBER 1, 1979, PUBLISH GUIDELINES FOR THE DEVELOPMENT OF
SPECIFICATIONS FOR THE CLASSIFICATION OF MATERIALS RECOVERED FROM WASTE
HICH WERE DESTINED FOR DISPOSAL. THE SPECIFICATIONS SHALL PERTAIN TO
THE PHYSICAL AND CHEMICAL PROPERTIES AND CHARACTERISTICS OF SUCH
MATERIALS WITH REGARD TO THEIR USE IN REPLACING VIRGIN MATERIALS IN
VARIOUS INDUSTRIAL, COMMERCIAL, AND GOVERNMENTAL USES. IN ESTABLISHING
SUCH GUIDELINES THE SECRETARY SHALL ALSO, TO THE EXTENT FEASIBLE,
PROVIDE SUCH INFORMATION AS MAY BE NECESSARY TO ASSIST FEDERAL AGENCIES
ITH PROCUREMENT OF ITEMS CONTAINING RECOVERED MATERIALS. THE SECRETARY
SHALL CONTINUE TO COOPERATE WITH NATIONAL STANDARDS SETTING
ORGANIZATIONS, AS MAY BE NECESSARY, TO ENCOURAGE THE PUBLICATION,
PROMULGATION AND UPDATING OF STANDARDS FOR RECOVERED MATERIALS AND FOR
THE USE OF RECOVEFED MATERIALS IN VARIOUS INDUSTRIAL, COMMEFCIAL, AND
GOVERNMENTAL USES.
SEC. 5003. THE SECRETARY OF COMMERCE SHALL WITHIN TWO YEARS AFTER
(THE ENACTMENT OF THIS ACT) SEPTEMBER 1, 1979, TAKE SUCH ACTIONS AS MAY
BE NECESSARY TO
(A) IDENTIFY THE GEOGRAPHICAL LOCATION OF EXISTING OR POTENTIAL
MARKETS FOR RECOVERED MATERIALS:
(2) IDENTIFY THE ECONOMIC AND TECHNICAL PARRIEFS TO THE USE OF
RECOVERED MATERIALS: AND
(3) ENCOURAGE THE DEVELOPMENT OF NEW USES FOR RECOVERED MATERIALS.
SEC. 5005. THERE ARE AUTHORIZED TO BE APPROPRIATED $3,000,000 FOR
THE FISCAL YEAR 1980 TO CARRY OUT THE PURPOSES OF THIS SUBTITLE (OTHER
THAN SECTION 5002).
SEC. 6002. (A) APPLICATION OF SECTION -- * * *
(C) REQUIREMENTS.
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(1) (AFTER TWO YEARS AFTER THE DATE OF ENACTMENT OF THIS SECTION, EACH
PROCURING AGENCY SHALL PROCURE ITEMS COMPOSED OF THE HIGHEST PERCENTAGE
OF RECOVERED MATERIALS PRACTTCAPLE CONSISTENT WITH MAINTAINING A
SATISFACTORY LEVEL OF COMPETITION.) AFTER SEPTEMBER 1, 1982, EACH
PROCURING AGENCY WHICH PROCURS ANY ITEMS DESIGNATED IN SUCH GUIDELINES
SHALL PROCURE SUCH ITEMS COMPOSED OF THE HIGHEST PERCENTAGE OF RECOVERED
MATERIALS PRACTICABLE, CONSISTENT WITH MAINTAINING A SATISFACTORY LEVEL
OF COMPETITION, CONSIDERING SUCH GUIDELINES. THE DECISION NOT TO
PROCURE SUCH ITEMS SHALL BE BASED ON A DETERMINATION THAT SUCH
PROCUREMENT ITEMS
(A) ARE NOT REASONABLY AVAILABLE WITHIN A REASONABLE PERIOD OF TIME:
(B) FAIL TO MEET THE PERFORMANCE STANDARDS SET FORT IN THE APPLICAPLE
SPECIFICATIONS OR FAIL TO MEET THE REASONABLE PERFORMANCE STANDARDS OF
THE PROCURING AGENCIES: OR
(C) ARE ONLY AVAILABLE AT AN UNREASONAPLE PRICE. ANY DETERMINATION
UNDER (CLAUSE (II) ) SUBPARAGRAPH (B) SHALL BE MADE ON THE BASIS OF THE
GUIDELINES OF THE BUREAU OF STANDARDS IN ANY CASE IN WHICH SUCH MATERIAL
IS COVERED BY SUCH GUIDELTNES.
(2) AGENCIES THAT GENERATE HEAT, MECHANICAL, OR ELECTRICAL ENERGY
FROM FOSSIL FUEL IN SYSTEMS THAT HAVE THE TECHNICAL CAPABILITY OF USING
(RECOVERED MATERIAL AND RECOVERED-MATERIAL DERIVED FUEL) ENERGY OR FUELS
DERIVED FROM SOLID WASTE AS A PRIMARY OR SUPPLEMENTARY FUEL SHALL USE
SUCH CAPABILITY TO THE MAXIMUM EXTENT PRACTICABLE.
(3) AFTER THE DATE SPECIFIED IN ANY APPLICABLE GUIDELINES PREPARED
PURSUANT TO SUBSECTION (E) OF THIS SECTION, CONTRACTING OFFICES SHALL
REQUIRE THAT VENDORS (CERTIFY THE PERCENTAGE OF THE TOTAL MATERIAL
UTILIZED FOR THE PERFORMANCE OF THE CONTRACT WHICH IS RECOVERED
MATERIALS):
(A) CERTIFY THAT THE PERCENTAGE OF RECOVERED MATERIALS TO BE USED IN
THE PERFORMANCE OF THE CONTRACT WILL BE AT LEAST THE AMOUNT REQUIRED BY
APPLICABLE SPECIFICATIONS OR OTHER CONTRACTUAL REQUIREMENTS, AND
(B) ESTIMATE THE PERCENTAGE OF THE TOTAL MATERIAL UTILIZED FOR THE
PERFORMANCE OF THE CONTRACT WHICH IS RECOVERED MATERIALS.
( (D) SPECIFICATIONS -- (1) ALL FEDERAL AGENCIES THAT HAVE THE
RESPONSIBILITY FOR DRAFTING OR REVIEING SPECIFICATIONS FOR PROCUREMENT
ITEM PROCURED BY FEDERAL AGENCIES SHALL, IN REVIEING THOSE
SPECIFICATIONS, ASCERTAIN WHETHER SUCH SPECIFICATIONS VIOLATE THE
PROHIBITIONS CONTAINED IN SUBPARAGRAPHS (A) THROUGH (C) OF PARAGRAPH
(2). SUCH REVIEW SHALL BE UNDERTAKEN NOT LATER THAN EIGHTEEN MONTHS
AFTER THE DATE OF ENACTMENT OF THIS SECTION.
((2) IN DRAFTING OR REVISING SUCH SPECIFICATIONS, AFTER THE DATE OF
ENACTMENT OF THIS SECTION
( (A) ANY EXCLUSION OF RECOVERED MATERIALS SHALL PE ELIMINATED:
(B) SUCH SPECIFICATION SHALL NOT REQUIRE THE ITEM TO BE MANUFACTURED
FROM VIRGIN MATERIALS: AND
(C) SUCH SPECIFICATIONS SHALL REQUIRE RECLAIMED MATERIALS TO THE
MAXIMUM EXTENT POSSIBLE WITHOUT JEOPARDIZING THE INTENDED END USE OF THE
ITEM.)
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(D) SPECIFICATIONS. - ALL FEDERAL AGENCIES THAT HAVE THE
RESPONSIBILITY FOR DRAFTING OR REVIEWING SPECIFICATIONS FOR PROCUREMENT
ITEMS PROCURED BY FEDERAL AGENCIES SHALL: (1) AS EXPEDITIOUSLY AS
POSSIBLE (BUT IN ANY EVENT NO LATER THAN JULY 1, 1980), ELIMINATE FROM
SUCH SPECIFICATIONS: (A) ANY EXCLUSION OF RECOVERED MATERIALS; AND (B)
ANY REQUIREMENT THAT ITEMS BE MANUFACTURED FROM VIRGIN MATERIALS; AND
(2) WITHIN ONE YEAR AFTER THE DATE OF PUBLICATION OF APPLICABLE
GUIDELINES UNDER SUBSECTION (E), OR AS OTHERWISE SPECIFIED IN SUCH
GUIDELINES, ASSURES THAT SUCH SPECIFICATIONS REQUIRE THE USE OF
RECOVERED MATERIALS TO THE MAXIMUM EXTENT POSSIBLE WITHOUT JEOPARDIZING
THE INTENDED AND USE OF THE ITEM.
(E) GUIDELINES. THE ADMINISTRATOR, AFTER CONSULTATION ITH THE
ADMINISTRATOR OF GENERAL SERVICES, THE SECRETARY OF COMMERCE (ACTING
THROUGH THE BUREAU OF STANDARDS), AND THE PUBLIC PRINTER, SHALL NOT
LATER THAN SEPTEMBEF 1, 198L, PREPARE, AND FROM TIME TO TIME, REVISE,
GUIDELINES FOR THE USE OF PROCURING AGENCIES IN COMPLYING WITH THE
REQUIREMENTS OF THIS SECTTON. (SUCH GUIDELINES SHALL SET FORTH
RECOMMENDED PRACTICES WITH RESPECT TO THE PROCUREMENT OF RECOVERED
MATERIALS AND ITEMS CONTAINING SUCH MATERIALS AND WITH RESPECT TO
CERTIFICATION BY VENDORS OF THE PERCENTAGE OF RECOVERED MATERIALS USED,
AND SHALL PROVIDE INFORMATION AS TO THE AVAILABILITY, SOURCES OF SUPPLY,
AND POTENTIAL USES OF SUCH MATERIALS AND ITEMS.) SUCH GUIDELINES SHALL
(1) DESIGNATE THOSE ITEMS WHICH ARE OR CAN BE PRODUCED WITH RECOVERED
MATERIALS AND WHOSE PROCUREMENT PY PROCUFING AGENCIES WILL CARRY OUT THE
OBJECTIVES OF THIS SECTION, AND
(2) SET FORTH RECOMMENDED PRACTICES WITH RESPECT TO THE PROCUREMENT
OF RECOVERED MATERIALS AND ITEMS CONTAINING SUCH MATERIALS AND WITH
RESPECT TO CERTIFICATION BY (WORD ILLEGIBLE) OF THE PERCENTAGE OF
RECOVERED MATERIALS USED, AND SHALLPROVIDE INFORMATION AS TO THE
AVAILABILITY, RELATIVE COST, AND PERFORMANCE OF SUCH MATERIALS AND
ITEMS.
IN DESIGNATING ITEMS UNDER PARAGRAPH (1), THE ADMINISTRATOR SHALL
CONSIDER AMONG OTHER RELEVANT FACTORS:
(A) THE AVAILABILITY OF SUCH ITEMS:
(B) THE IMPACT OF THE PFOCUREMENT OF SUCH ITEMS BY PROCURING AGENCIES
ON THE VOLUME OF SOLID WASTE WHICH MUST PE TREATED, STORED, OR DISPOSED
OF:
(C) THE ECONOMIC AND TECHNOLOGICAL FEASIBILITY OF PRODUCING AND USING
SUCH ITEMS: AND
(D) OTHER USES FOR SUCH RECOVERED MATERIALS.
SEC. 7003. (A) AUTHORITY OF ADMINISTRATOR -- NOTWITHSTANDING ANY
OTHER PROVISION OF THIS ACT, UPON RECEIPT OF EVIDENCE THAT THE HANDLING,
STORAGE, TREATMENT, TRANSPORTATION OR DISPOSAL OF ANY SOLID WASTE OR
HAZARDOUS WASTE (IS PRESENTING) MAY PRESENT AN IMMINENT AND SUBSTANTIAL
ENDANGERMENT TO HEALTH OR THE ENVIRONMENT, THE ADMINISTRATOR (MAY BRING
SUIT ON BEHALF OF THE UNITED STATES IN THE APPROPRIATE DISTRICT COURT TO
IMMEDIATELY RESTRAIN ANY PERSON CONTRIBUTING TO THE ALLEGED DISPOSAL)
MAY TAKE ACTION TO STOP SUCH HANDLING, STORAGE, TREATMENT,
TRANSPORTATION, OR DISPOSAL OR TO TAKE SUCH OTHER ACTION AS MAY BE
NECESSARY.
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THE ADMINISTRATOR SHALL PROVIDE NOTICE TO THE AFFECTED STATE OF ANY SUCH
(SUIT) ACTION. THE ACTION WHICH THE ADMINISTRATOR MAY TAKE UNDER THIS
SECTION MAY INCLUDE (PUT SHALL NOT BE LIMITED TO)
(A) ISSUING SUCH ORDEFS AS MAY BE NECESSARY TO PROTECT PUBLIC HEALTH
AND THE ENVIRONMENT, AND
(2) COMMENCING A CIVIL ACTION FOR APPROPRIATE RELIEF, INCLUDING A
RESTRAINING ORDER OR PERMANENT OR TEMPORARY INJENCTION.
(B) VIOLATIONS. ANY PERSON HO WILLFULLY VIOLATES, OR FAILS OR
REFUSES TO COMPLY WITH ANY ORDER OF THE ADMINISTRATOR UNDER SUBSECTION
(LETTER ILLEGIBLE) (1) MAY, IN AN ACTION BROUGHT IN THE APPROPRIATE
UNITED STATES DISTRICT COURT TO ENFORCE SUCH ORDER, BE FINED NOT MORE
THAN $5,000 FOR EACH DAY IN WHICH SUCH VIOLATION OCCURS OR SUCH FAILURE
TO COMPLY CONTINUES.
SEC. 7006. (A) REVIEW OF FINAL REGULATIONS AND CERTAIN PETITIONS.
ANY JUDICIAL REVIEW OF FINAL REGULATIONS PROMULGATED PURSUANT TO THIS
ACT SHALL BE IN ACCORDANCE WITH SECTION 701 THROUGH 706 OF TITLE 5 OF
THE UNITED STATES CODE, EXCEPT THAT
(1) A PETITION FOR REVIEW OF ACTION OF THE ADMINISTFATOR IN
PROMULGATING ANY REGULATION, OR REQUIREMENT UNDER THIS ACT MAY BE FILED
ONLY IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF
COLUMBIA(. ANY): ANY SUCH PETITION SHALL BE FILED ITHIN NINETY DAYS
FROM THE DATE OF SUCH PROMULGATION, OR AFTEF SUCH DATE IF SUCH PETITION
IS BASED SOLELY ON GROUNDS ARISING AFTER SUCH NINETIETH DAY(. ACTION):
ACTION OF THE ADMINISTRATOR WITH RESPECT TO WHICH REVIEW COULD HAVE BEEN
OBTAINED UNDER THIS SUBSECTION SHALL NOT BE SUBJECT TO JUDICIAL REVIE IN
CIVIL OR CRIMINAL PROCEEDINGS FOR ENFORCEMENT: AND
(2) IN ANY JUDICIAL PROCEEDING BROUGHT UNDER THIS SECTION IN WHICH
REVIE IS SOUGHT OF A DETERMINATION UNDER THIS ACT REQUIRED TO BE MADE ON
THE RECORD AFTER NOTICE AND OPPORTUNITY FOR HEARING, IF A PARTY SEEKING
REVIEW UNDER THIS ACT APPLIES TO THE COURT FOR LEAVE TO ADDUCE
ADDITIONAL EVIDENCE, AND SHOWS TO THE SATISFACTION OF THE COURT THAT THE
INFORMATION IS MATERIAL AND THAT THERE WERE REASONABLE GROUNDS FOR THE
FAILURE TO ADDUCE SUCH EVIDENCE IN THE PROCEEDING BEFORE THE
ADMINISTRATOR, THE COURT MAY ORDER SUCH ADDITIONAL EVIDENCE (AND
EVTDENCE IN REBUTTAL THEREOF) TO BE TAKEN BEFORE THE ADMINISTRATOR,AND
TO BE ADDUCED UPON THE HEARING IN SUCH MANNER AND UPON SUCH TERMS AND
CONDITIONS AS THE COURT MAY DEEM PROPER.) THE): THE ADMINISTRATOR MAY
MODIFY HIS FINDINGS AS TO THE FACTS, OR MAKE NEW FINDINGS, BY REASON OF
THE ADDITIONAL EVIDENCE SO TAKEN, AND HE SHALL FILE WITH THE COURT SUCH
MODIFIED OR NEW FINDINGS AND HIS RECOMMENDATION, IF ANY, FOR THE
MODIFICATION OR SETTING ASIDE OF HIS ORIGINAL ORDER, WITH THE RETURN OF
SUCH ADDITIONAL EVIDENCE.
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(B) REVIEW OF CERTAIN ACTIONS UNDER SECTIONS 3005 AND 3006. - REVIEW
OF THE ADMINISTRATOR'S ACTION:
(1) IN ISSUING, DENYING, MODIFYING OR REVOKING ANY PERMIT UNDER
SECTION 3005 OR
(2) IN GRANTING, DENYING, OR WITHDRAWING AUTHORIZATION OR INTERIM
AUTHORIZATION UNDER SECTION 3006, MAY BE HAD BY ANY INTERESTED PERSON IN
THE CIRCUIT COURT OF APPEALS OF THE UNITED STATES FOR THE FEDERAL
JUDICIAL DISTRICT IN HICH SUCH PERSON RESIDES OR TRANSACTS SUCH BUSINESS
UPON APPLICATION BY SUCH PERSON. ANY SUCH APPLICATION SHALL BE MADE
WITHIN 90 DAYS FROM THE DATE OF SUCH ISSUANCE, DENIAL, MODIFICATION,
REVOCATION, GRANT, OR WITHDRAAL, OR AFTER SUCH DATE ONLY IF SUCH
APPLICATION IS BASED SOLELY ON GROUNDS WHICH AROSE AFTER SUCH NINETIETH
DAY. SUCH REVIEW SHALL BE IN ACCORDANCE WITH SECTIONS 701 THROUGH 706
OF TITLE 5 OF THE UNITED STATES CODE.
SEC. 7009. NO GRANT FOR A PROJECT OF CONSTRUCTION UNDER THIS ACT
SHALL BE MADE UNLESS THE (SECRETARY) ADMINISTRATION FINDS THAT THE
APPLICATION CONTAINS OR IS SUPPORTED BY REASONABLE ASSURANCE THAT ALL
LABORERS AND MECHANICS EMPLOYED BY CONTRACTORS OR SUBCONTRACTORS ON
PROJECTS OF THE TYPE COVERED BY THE DAVIS-BACON ACT, AS AMENDED (40
U.S.C. 276A -- 276A-5), WILL BE PAID AGES AT NOT LESS THAN THOSE
PREVAILING ON SIMILAR ORK IN THE LOCALITY AS DETERMINED BY THE SECRETARY
OF LABOR IN ACCORDANCE WITH THE ACT: AND THE SECRETARY OF LABOR SHALL
HAVE WITH RESPECT TO THE LABOR STANDARDS SPECIFIED IN THIS SECTION THE
AUTHORITY AND FUNCTIONS SET FORTH IN REORGANIZATION PLAN NUMBERED 14 OF
1950 (15 F.R. 3176: 5.U.S.C. 133Z 5) AND SECTION 2 OF THE ACT OF JUNE
13, 1934, AS AMENDED (40 U.S.C. 256C).
AND DEMONSTRATIONS
SEC. 8002. (A) GLASS AND PLASTIC -- * * *
(N)(1) THE ADMINISTRATOR SHALL CONDUCT A DETAILED AND COMPREHENSIVE
STUDY AND SUBMIT A REPORT ON THE ADVERSE EFFECTS, IF ANY, OF DRILLING
FLUIDS, PRODUCED WASTES, AND OTHER WASTES ASSOCIATED ITH THE EXPLORATION
FOR, OR DEVELOPMENT OR PRODUCTION OF, CRUDE OIL OR NATURAL GAS ON THE
ENVIRONMENT, INCLUDING BUT NOT LIMITED TO, THE EFFECTS OF THOSE WASTES
ON HUMAN HEALTH, WATER QUALITY, AIR QUALITY, WELFARE, AND NATURAL
RESOURCES, AND ON THE ADEQUACY OF MEANS AND MEASURES CURRENTLY EMPLOYED
BY THE OIL AND GAS DRILLING AND PRODUCTION INDUSTRY. GOVERNMENT
AGENCIES, AND OTHERS TO DISPOSE OF AND UTILIZE THOSE WASTES AND TO
PREVENT OR SUBSTANTIALLY MITIGATE ANY ADVERSE EFFECTS. THE STUDY SHALL
INCLUDE AN ANALYSIS OF
(A) THE SOURCES AND VOLUME OF DISCARDED MATERIAL GENERATED PER YEAR
FROM SUCH ASTES:
(B) PRESENT DISPOSAL PRACTICES:
(C) POTENTIAL DANGERS TO HUMAN HEALTH AND THE ENVIRONMENT:
(D) ALTERNATIVES TO CURRENT DISPOSAL METHODS:
(E) THE COST OF THOSE ALTERNATIVES: AND
(F) THE IMPACT OF THOSE ALTERNATIVES ON THE EXPLORATION FOR, AND
DEVELOPMENT AND PRODUCTION OF, DOMESTIC CRUDE OIL AND NATURAL GAS.
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IN FURTHERANCE OF THIS STUDY, THE ADMINISTRATOR SHALL, AS HE DEEMS
APPROPRIATE, REVIEW STUDIES AND OTHER ACTIONS OF OTHER FEDERAL AGENCIES
CONCERNING SUCH WASTES ITH A VIE TOWARD AVOIDING DUPLICATION OF EFFORT
AND EXPEDITIOUS COMPLETION OF THE STUDY. THE ADMINISTRATOR SHALL
PUBLISH A REPORT OF THE STUDY AND SHALL INCLUDE APPROPRIATE FINDINGS AND
RECOMMENDATIONS FOR FEDERAL AND NON-FEDERAL ACTIONS.
(2) THE ADMINISTRATOR SHALL COMPLETE THE RESEARCH AND STUDY AND
SUBMIT THE REPORT REQUIRED UNDER PARAGRAPH (1) NOT LATER THAN OCTOBER 1,
1981. UPON COMPLETION OF THE STUDY, THE ADMINISTRATOR SHALL PREPARE A
PLAN FOR RESEARCH, DEVELOPMENT, AND DEMONSTRATION RESPECTING THE
FINDINGS OF THE STUDY AND MAY SUBMIT ANY LEGISLATIVE RECOMMENDATIONS
RESULTING FROM THE STUDY TO THE CONGRESS.
(3) THERE ARE AUTHORIZED TO BE APPROPRIATED NOT TO EXCEED $1,000,000
FOR THE FISCAL YEAR 1980 TO CARRY OUT THE PROVISIONS OF THIS SUBSECTION.
(SOLID WASTE CLEANUP OF FEDERAL LANDS IN ALASKA (SEC. 3. (A) THE
PRESIDENT SHALL DIRECT SUCH EXECUTIVE DEPARTMENTS OR AGENCIES AS HE MAY
DEEM APPROPRIATE TO CONDUCT A STUDY, IN CONSULTATION WITH
REPRESENTATIVES OF THE STATE OF ALASKA AND THE APPROPRIATE NATIVE
ORGANIZATIONS, TO DETERMINE THE BEST OVERALL PROCEDURES FOR REMOVING
EXISTING SOLID WASTE ON FEDERAL LANDS IN ALASKA. SUCH STUDY SHALL
INCLUDE, BUT SHALL NOT BE LIMITED TO, A CONSIDERATION OF
(1) ALTERNATIVE PROCEDURES FOR REMOVING THE SOLID WASTE IN AN
ENVTRONMENTALLY SAFE MANNER, AND
( (2) THE ESTIMATED COSTS OF REMOVING THE SOLID WASTE.
( (B) THE PRESIDENT SHALL SUBMIT A REPORT OF THE RESULTS TOGETHER
WITH APPROPRIATE SUPPORTING DATA AND SUCH RECOMMENDATIONS AS HE DEEMS
DESIRABLE TO THE COMMITTEE ON PUBLTC WORKS OF THE SENATE AND TO THE
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE OF THE HOUSE OF
REPRESENTATIVES NOT LATER THAN ONE YEAR AFTER THE ENACTMENT OF THE SOLID
WASTE UTILIZATION ACT OF 1976. THE PRESIDENT SHALL ALSO SUBMIT, ITHIN
SIX MONTHS AFTER THE STUDY HAS BEEN SUBMITTED TO THE COMMITTEES,
RECOMMENDED ADMINISTRATIVE ACTIONS, PROCEDURES, AND NEEDED LEGISLATION
TO IMPLEMENT SUCH PROCEDURES AND THE RECOMMENDATTONS OF THE STUDY.
(SEC. 4. (A) IN ORDER TO DEMONSTRATE EFFECTTVE MEANS OF DEALING WITH
CONTAMINATION OF PUBLIC WATER SUPPLIES BY LEACHATE FROM ABANDONED OR
OTHER LANDFILLS, THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION
AGENCY IS AUTHORIZED TO PROVIDE TECHNICAL AND FINANCIAL ASSISTANCE FOR
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CALENDAR NO. 184
MAY 15 (LEGISLATIVE DAY, APRIL 9), 1979. -- ORDERED TO BE PRINTED
MR. RANDOLPH, FROM THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS,
SUBMITTED THE FOLLOWING
THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS, REPORTS ON ORIGINAL
BILL (S. 1156), TO AMEND AND REAUTHORIZE THE SOLID WASTE DISPOSAL ACT
AND RECOMMENDS THAT THE BILL DO PASS.
THE DISPOSAL OF WASTES, ESPECIALLY HAZARDOUS WASTES, IS A WORSENING
NATIONAL PROBLEM. THIS IS BECOMING ONLY TOO APPARENT AS THE LOVE CANAL
STORY, AND OTHERS LIKE IT, UNFOLD. BUT THE DISPOSAL OF HIGHLY TOXIC
WASTE IS BY NO MEANS THE ONLY SERIOUS WASTE DISPOSAL PROBLEM FACING THE
NATION. AS OUR POPULATION GROWS, SO DIES THE VOLUME OF SOLID WASTE.
BUT THIS SAME GROWTH IN POPULATION IS USING LAND ONCE DISTANT FROM
POPULATED AREAS, MAKING IT INCREASINGLY DIFFICULT TO FIND APPROPRIATE
DISPOSAL SITES.
THE SOLID WASTE DISPOSAL ACT, AS AMENDED BY THE RESOURCE CONSERVATIO
AND RECOVERY ACT OF 1976, REQUIRES THE ENVIRONMENTAL PROTECTION AGENCY
TO ISSUE AND ENFORCE REGULATIONS GOVERNING THE DISPOSAL OF VARIOUS SOLID
WASTES AND HAZARDOUS WASTES. IN ADDITION, THE ACT PROVIDES ASSISTANCE
TO STATES, MUNICIPALITIES, AND REGIONAL AUTHORITIES TO AID THEM IN
PLANNING AND MANAGING DISPOSAL FACILITIES WHICH MEET THE STANDARDS OF
THE ACT.
FURTHER, THE ACT SETS STANDARDS FOR GOVERNMENT PROCUREMENT TO
ENCOURAGE THE PURCHASE OF RECYCLED MATERIALS IN ORDER TO DECREASE THE
VOLUMES OF WASTE STREAMS AND TO MAKE MAXIMUM USE OF RECYCLED MATERIALS.
IN ADDITION, THE ACT GIVES THE COMMERCE DEPARTMENT AUTHORITY TO DEVELOP
SPECIFICATIONS AND TO PROMOTE MARKETS FOR RECYCLED MATERIALS AND FOR
EXCHANGE OF VALUED MATERIALS WHICH MIGHT OTHERWISE BE DISCARDED AS
WASTE.
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THE REPORTED BILL, THE "SOLID WASTE DISPOSAL ACT AMENDMENTS OF 1979",
AUTHORIZED APPROPRIATIONS FOR THE ENVIRONMENTAL PROTECTION AGENCY AND
THE DEPARTMENT OF COMMERCE TO CARRY OUT THE PURPOSES OF THE SOLID WASTE
DISPOSAL ACT. IN ADDITION, THE BILL AS REPORTED, CONTAINS SEVERAL
AMENDMENTS WHICH CONSTITUTE REFINEMENTS OR MINOR MODIFICATIONS OF THE
STATUE OR ARE PERFECTING IN NATURE. THE LEGISLATION ESSENTIALLY
REAUTHORIZES THE EXISTING PROGRAM CONDUCTED BY THE ENVIRONMENTAL
PROTECTION AGENCY. THERE ARE NO NEW PROGRAM DIRECTIONS OTHER THAN
INCREASED AUTHORIZATIONS FOR HAZARDOUS WASTE CONTROL.
SEVERAL AMENDMENTS WITH SIGNIFICANT POLICY IMPLICATIONS ARE INCLUDED
IN THE BILL, HOWEVER, TO BRING THE IMPLEMENTATION OF THE ACT CLOSER TO
THE ORIGINAL INTENT OF THE CONGRESS.
SECTION 2 AMENDS TWO DEFINITIONS. PARAGRAPH (14) IS AMENDED TO
ELIMINATE THE EXISTENCE OF TWO DEFINITIONS FOR THE TERM "OPEN DUMP" IN
THE ACT BY MAKING USE OF THE DEFINITION IN SECTION 4005(A). PARAGRAPH
(19 IS AMENDED TO EXCLUDE THOSE MATERIALS KNOWN AS "HOME SCRAP" FROM THE
DEFINITION OF RECOVERED MATERIALS. BECAUSE THIS TYPE OF SCRAP IS
GENERATED DURING THE MANUFACTURING PROCESS AND NORMALLY IS RETURNED TO
THE PROCESS DURING PRODUCTION, THERE IS NO NEED TO ESTABLISH INCENTIVES
TO RECYCLE.
SECTION 3 AMENDS SECTION 2002(A) TO ALLOW THE ADMINISTRATOR TO
DELEGATE TO OTHER AGENCIES THE POWER TO ENFORCE SOLID WASTE DISPOSAL ACT
REGULATIONS. THIS AVOIDS DUPLICATION OF COMPLIANCE EFFORTS.
SECTION 4 REVISES SECTION 2006(B) AND (C) TO PROVIDE GREATER
ADMINISTRATIVE FLEXIBILITY IN ALLOCATING FUNDS WHILE RETAINING AND
EMPHASIS ON TECHNICAL ASSISTANCE TO STATES AND LOCAL GOVERNMENTS, AND ON
FUNDING FOR HAZARDOUS WASTE CONTROL.
SECTION 4(B) ADDS A NEW SECTION 2006(D) REQUIRING A MINIMUM OF 25
PERCENT OF THE FUNDS APPROPRIATED UNDER THE SOLID WASTE DISPOSAL ACT, UP
TO THE AUTHORIZATION LIMITS IN SECTION 4008(A)(1), TO BE USED FOR
SUPPORT OF STATE AND LOCAL SOLID WASTE PLANNING AND MANAGEMENT
ACTIVITIES IN ACCORDANCE WITH SUBTITLE D. THIS, TOGETHER WITH THE
ANNUAL INCREASES IN AUTHORIZATIONS UNDER SECTION 4008(A) (1), MANIFESTS
THE COMMITTEE'S STRONG INTENTION THAT ADEQUATE SUPPORT BE PROVIDED FOR
THE FORESEEABLE FUTURE FOR THE LOCAL AND STATE AGENCIES THAT MUST CARRY
OUT THIS ACT. IN ADDITION, IT IS IMPORTANT THAT A SIGNIFICANT PORTION
OF THESE FUNDS BE AVAILABLE TO LOCAL GOVERNMENTS AND REGIONAL
AUTHORITIES. THE SO-CALLED URBAN RESOURCE RECOVERY PROGRAM UNDER
SECTION 4008(A)(2) IS NOT SUFFICIENT TO MEET THE SOLID WASTE MANAGEMENT
PLANNING NEEDS OF LOCAL GOVERNMENTS.
SECTION 5 AMENDS SECTION 3001(B) TO SUSPEND SUBTITLE C REGULATION
WITH RESPECT TO DRILLING FLUIDS, PRODUCED WATERS, AND OTHER WASTES
ASSOCIATED WITH THE EXPLORATION, DEVELOPMENT, OR PRODUCTION OF CRUDE OIL
OR NATURAL GAS. THIS PROVISION IS DISCUSSED IN DETAIL LATER IN THIS
REPORT.
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SECTION 6 CODIFIES IN THE ACT AN EXISTING COMMON LAW CONCEPT THAT THE
GENERATOR OF WASTE IS RESPONSIBLE FOR ASSURING ITS ARRIVAL AT AN
APPROPRIATE FACILITY.
WHILE THE USE OF THE EXISTING MANIFEST SYSTEM IS A MEANS TO ASSURE
THAT HAZARDOUS WASTE ARRIVES AT A PERMITTED FACILITY, THE ADDITIONAL
REQUIREMENT AS CONTEMPLATED BY THE TERM THE USE OF "OTHER REASONABLE
MEANS" IS INTENDED TO CODIFY THE RESPONSIBILITY OF THE GENERATOR UNDER
EXISTING COMMON LAW. IT IS RECOGNIZED THAT GENERATORS FREQUENTLY
UTILIZE INDEPENDENT CONTRACTORS TO TRANSPORT OR DISPOSE OF WASTE AND
THESE ADDITIONAL REQUIREMENTS ARE NOT INTENDED TO CHANGE OR LIMIT THIS
PRACTICE. USE OF DUE CARE (AS UNDERSTOOD UNDER THE PRINCIPLES OF
NUISANCE AND NEGLIGENCE LAW) IN THE SELECTION OF AN INDEPENDENT
CONTRACTOR WOULD BE A FACTOR IN MEETING THE REQUIREMENT FOR "OTHER
REASONABLE MEANS" AS CONTEMPLATED BY THIS AMENDMENT.
SECTION 7 AMENDS SECTION 3004 OF THE ACT TO AUTHORIZE THE
ADMINISTRATION TO DISTINGUISH IN ESTABLISHING PERFORMANCE STANDARDS FOR
HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES BETWEEN
REQUIREMENTS FOR NEW FACILITIES AND THOSE FOR FACILITIES IN EXISTENCE
WHEN REGULATIONS UNDER THIS SECTION ARE PROMULGATED. MANY TREATMENT
TRAIN LAGOONS HAVE RECENTLY BEEN CONSTRUCTED OR MODIFIED TO COMPLY WITH
PERMITS ISSUED UNDER THE CLEAN WATER ACT. THIS CLARIFICATION OF THE
ADMINISTRATOR'S AUTHORITY TO DISTINGUISH BETWEEN NEW AND SUCH EXISTING
FACILITIES WILL ALLOW THE AGENCY TO ESTABLISH APPROPRIATE PERFORMANCE
STANDARDS FOR SUCH TREATMENT TRAIN LAGOONS TO PREVENT ANY GROUND-WATER
OR OTHER PROBLEMS ASSOCIATED WITH THEM. INTEGRATION OF PERMITTING UNDER
SUBTITLE C WITH THAT UNDER SECTION 402 OF THE CLEAN WATER ACT WILL HELP
REDUCE SUCH CONFLICTING REQUIREMENTS IN THE FUTURE.
SECTION 8 PERMITS THOSE HAZARDOUS WASTE FACILITIES WHICH HAVE COME
INTO EXISTENCE BETWEEN THE DATE OF ENACTMENT OF THE 1976 ACT AND THE
DATE OF FINAL PROMULGATION OF REGULATIONS UNDER SECTIONS 3001 AND 3004
TO QUALIFY FOR "INTERIM STATUS." THIS MEANS THEY WILL NOT BE IMMEDIATELY
SUBJECT TO PROSECUTION FOR FAILURE TO HAVE A PERMIT.
SECTION 9(A) EXPANDS THE ADMINISTRATOR'S AUTHORITY TO REQUEST
INFORMATION OR EXAMINE THE RECORDS OF A PERSON HANDLING SOLID WASTE. AT
PRESENT, THIS AUTHORITY APPLIES ONLY TO ACTIONS UNDER SUBTITLE C DEALING
WITH HAZARDOUS WASTES. THE AMENDMENTS WOULD ALLOW SUCH ACCESS FOR THE
PURPOSES OF THE ENTIRE ACT.
THE AMENDMENT ALSO CLARIFIES THAT THE AGENCY'S ACCESS, ENTRY AND
INSPECTION AUTHORITY APPLIES TO PERSONS OR SITES WHICH HAVE HANDLED
HAZARDOUS WASTES IN THE PAST BUT ARE NO LONGER DOING SO.
IN ADDITION, THE AMENDMENT CLARIFIES THAT THE ADMINISTRATOR MAY
AUTHORIZE EPA CONTRACTORS TO OBTAIN SAMPLES, PERFORM INSPECTIONS, AND
EXAMINE RECORDS AT FACILITIES WHICH HANDLE HAZARDOUS WASTES.
FINALLY, THE AMENDMENT GIVES THE AGENCY THE OPTION OF REQUESTING THAT
PERSONS HANDLING SUCH WASTES EITHER PROVIDE RECORDS OR FURNISH
INFORMATION IN THE FORM OF A SUMMARY. THE OPERATOR NOW HAS THIS OPTION,
WHICH POTENTIALLY PUTS THE FULL BURDEN OF INFORMATION GATHERING ON THE
LIMITED STAFF OF THE AGENCY.
SECTION 9(B) ADDS PROVISIONS TO ASSURE APPROPRIATE CONFIDENTIALITY OF
DATA IN THE HANDS OF PRIVATE CONTRACTORS.
SECTION 10 AMENDS THE ENFORCEMENT PROVISIONS OF SUBTITLE C TO BRING
THEM INTO LINE WITH THOSE IN THE CLEAN AIR AND CLEAN WATER ACTS. FIRST,
IT PROVIDES A CIVIL PENALTY OF UP TO $25,000 PER DAY FOR DUMPING OF
HAZARDOUS WASTES REGARDLESS OF WHETHER THE DUMPING PARTY HAS BEEN SERVED
WITH AN ORDER TO STOP DUMPING.
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UNDER EXISTING LAW, ONLY PERSONS ACTUALLY ORDERED TO HALT DUMPING ARE
LIABLE FOR THE CIVIL PENALTY.
THIS SECTION ALSO AMENDS SECTION 3008 TO AUTHORIZE THE ADMINISTRATOR
TO ACT AGAINST VIOLATIONS BEFORE A 30-DAY PERIOD HAS ELAPSED. THIS
PROVISION IS AIMED AT STOPPING SO-CALLED "MIDNIGHT DUMPING" WHICH MAY
NOT CONTINUE AT ANY LOCATION FOR MORE THAN 30 DAYS, AND TO SEEK
PENALTIES FOR SINGLE OCCURRENCES, RATHER THAN JUST CONTINUING OFFENSES.
IN ADDITION, THE AMENDMENT CLARIFIES THE AUTHORITY OF THE
ADMINISTRATOR TO ISSUE AN ORDER SUSPENDING OR REVOKING AN OPERATING
PERMIT, AND TO GO TO COURT TO ENFORCE SUSPENSION OR REVOCATION IF
NECESSARY.
SECTION 11 MODIFIES SECTION 3011 OF THE ACT TO CLARIFY THAT GRANT
FUNDS FOR STATE HAZARDOUS WASTE ACTIVITIES CAN BE USED FOR INACTIVE SITE
RESPONSE PLANNING AND CONTROL.
SUBSECTION (A) OF SECTION 12 IS A TECHNICAL CORRECTION TO A
CROSS-REFERENCE IN SECTION 4003 (2) OF THE ACT.
SECTION 12(B) AMENDS SECTION 4003(5) OF THE ACT TO CLARIFY THAT BOTH
STATES AND LOCAL GOVERNMENTS MAY NOT BE PROHIBITED FROM ENTERING INTO
LONG-TERM CONTRACTS FOR OPERATION OF HAZARDOUS WASTE DISPOSAL FACILITIES
OR LONG-TERM CONTRACTS TO SECURE MARKETS FOR THESE MATERIALS.
SECTION 13 (A) DELETES A DEFINITION OF "OPEN DUMP" WHICH HAS BEEN
MOVED TO THE DEFINITIONS SECTION BY EARLIER AMENDMENT, AND REDESIGNATES
SUBSECTION 4005(C) AS 4005(A).
SECTION 13(B) AMENDS SECTION 4005(A) TO PROHIBIT OPEN DUMING AFTER
PUBLICATION OF CRITERIA TO DEFINE THIS PRACTICE. THE EXISTING SECTION
TIES COMPLIANCE TO PUBLICATION OF THE INVENTORY RATHER THAN TO THE
CRITERIA.
SECTION 14 AMENDS SECTION 6002 TO GIVE THE ENVIRONMENTAL PROTECTION
AGENCY THE FLEXIBILITY TO CHOOSE WHICH PRODUCTS WOULD BE PURCHASED UNDER
THE ACT'S REQUIREMENTS FOR THE USE OF RECYCLED MATERIALS, AND TO SET
TIMETABLES FOR ISSUANCE OF NEW SPECIFICATIONS. THIS SECTION ALSO
EXTENDS THE DEADLINE FOR CHANGING SPECIFICATIONS TO ALLOW USE OF
RECYCLED MATERIALS FROM EIGHTEEN MONTHS TO FIVE YEARS. THIS SECTION IS
A SLIGHTLY MODIFIED VERSION OF THE BILL PROPOSED BY SENATOR CHILES, TO
GENERALLY MAKE THE RECOVERED MATERIALS PROCUREMENT PROVISION MORE
WORKABLE.
UNDER AN AMENDMENT OFFERED BY SENATOR GRAVEL, THE AGENCY WAS GIVEN A
DEADLINE OF SEPTEMBER 30, 1980, FOR ISSUING GUIDELINES IN THREE PRODUCT
CATEGORIES, AND A DEADLINE OF SEPTEMBER 30, 1982, FOR ISSUING GUIDELINES
IN TWO ADDITIONAL PRODUCT CATECORIES.
THIS AMENDMENT DIRECTS THE ADMINISTRATOR TO ISSUE FINAL GUIDELINES BY
SPECIFIED TIMES. THESE GUIDELINES WILL BE USED BY FEDERAL AGENCIES IN
PROCURING PRODUCTS CONTAINING RECOVERED MATERIALS. DESPITE THE
PROVISIONS OF THE 1976 RESOURCE CONSERVATION AND RECOVERY ACT REQUIRING
PROCURING AGENCIES TO PROCURE ITEMS COMPOSED OF THE HIGHEST PERCENTAGE
OF RECOVERED MATERIALS PRACTICABLE BY OCTOBER 31, 1978, THIS ACTION HAS
GENERALLY NOT BEEN TAKEN LARGELY DUE TO THE ABSENCE OF GUIDELINES ON THE
MATTER PUBLISHED BY THE ENVIRONMENTAL PROTECTION AGENCY. THE ACT DID
NOT PROVIDE FOR ANY TIME CERTAIN ON THE ISSUANCE OF GUIDELINES BY THE
ADMINISTRATOR.
THIS AMENDMENT PROVIDES A REASONABLE TIMEFRAME FOR THE ISSUANCE OF
GUIDELINES FOR FIVE PRODUCT CATEGORIES WHICH, IN TURN, WILL ENABLE
FEDERAL PROCURING AGENCIES TO SUBSTANTIALLY COMPLY WITH THE PROVISIONS
OF SECTION 6002.
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IT IS THE INTENT OF THE COMMITTEE THAT THE ADMINISTRATOR WILL ISSUE
GUIDELINES FOR THOSE PRODUCT AREAS, INCLUDING PAPER AND CONSTRUCTION
MATERIALS, WHERE A CLEAR NEED AND OPPORTUNITY EXISTS FOR THE USE OF
RECOVERED MATERIALS TO COMBAT SOLID WASTE PROBLEMS AND CONSERVE OUR
NATION'S RESOURCES.
THE TERM "CONSTRUCTION MATERIALS" IS INTENDED TO INCLUDE A BROAD
RANGE OF MATERIALS USED IN CONSTRUCTION ACTIVITIES SUCH AS METALS, METAL
PRODUCTS, GLASS, BRICKS, INSULATION, ASPHALT AND OTHER MATERIALS. IT IS
ALSO THE INTENT OF THE COMMITTEE THAT THE ADMINISTRATOR WILL CONTINUE TO
ISSUE GUIDELINES BEYOND THE SEPTEMBER 30, 1982, DEADLINE FOR ADDITIONAL
PRODUCT CATEGORIES.
SECTION 15 MODIFIES SECTION 7003 TO ALLOW THE AGENCY TO TAKE
ENFORCEMENT ACTION AGAINST ANY PRACTICE WHICH IS PRESENTING A
SUBSTANTIAL ENDANGERMENT TO HEALTH OR THE ENVIRONMENT. AT PRESENT, EPA
IS AUTHORIZED TO ACT ONLY AGAINST A PRACTICE WHICH IS PRESENTING AN
IMMINENT HAZARD.
LIKE OTHER IMMINENT AND SUBSTANTIAL ENDANGERMENT PROVISIONS IN
ENVIRONMENTAL STATUTES, (E.G., SECTION 504 OF THE CLEAN WATER ACT,
SECTION 303 OF THE CLEAN AIR ACT, AND SECTION 1431 OF THE SAFE DRINKING
WATER ACT), SECTION 7003 IS ESSENTIALLY A CODIFICATION OF COMMON LAW
PUBLIC NUISANCE REMEDIES. THE CONGRESS MADE THIS INTENT CLEAR AS EARLY
IN 1948 WHEN, IN SECTION 2(D) OF THE WATER POLLUTION CONTROL ACT (THE
FORERUNNER OF PRESENT-DAY IMMINENT HAZARD PROVISIONS), IT EXPRESSLY
DECLARED THAT "(T)HE POLLUTION OF INTERSTATE WATERS. . .WHICH ENDANGERS
THE HEALTH OR WELFARE OF PERSONS. . .IS HEREBY DECLARED TO BE A PUBLIC
NUISANCE AND SUBJECT TO ABATEMENT AS HEREIN PROVIDED" AND AUTHORIZED THE
APPROPRIATE FEDERAL OFFICIAL TO REQUEST THE ATTORNEY GENERAL TO BRING
SUIT ON BEHALF OF THE UNITED STATES "TO SECURE ABATEMENT OF THE
POLLUTION."
SECTION 7003, THEREFORE, INCORPORATES THE LEGAL THEORIES USED FOR
CENTURIES TO ASSESS LIABILITY FOR CREATING A PUBLIC NUISANCE (INCLUDING
INTENTIONAL TORT, NEGLIGENCY, AND STRICT LIABILITY) AND TO DETERMINE
APPROPRIATE REMEDIES IN COMMON LAW HISTORY ATTACHED TO TERMS SUCH AS
"IMMINENT" AND "SUBSTANTIAL", AS WELL AS MORE RECENT LEGISLATIVE
HISTORY. HOWEVER, SECTION 7003 SHOULD NOT BE CONSTRUED SOLELY WITH
RESPECT TO THE COMMON LAW. SOME TERMS AND CONCEPTS, SUCH AS PERSONS
"CONTRIBUTING TO" DISPOSAL RESULTING IN A SUBSTANTIAL ENDANGERMENT, ARE
MEANT TO BE MORE LIBERAL THAN THEIR COMMON LAW COUNTERPARTS. FOR
EXAMPLE, A COMPANY THAT GENERATED HAZARDOUS WASTE MIGHT BE SOMEONE
"CONTRIBUTING TO" AN ENDANGERMENT UNDER SECTION 7003 EVEN WHERE SOMEONE
ELSE DEPOSITED THE WATE IN AN IMPROPER DISPOSAL SITE (SIMILAR TO STRICT
LIABILITY UNDER COMMON LAW), WHERE THE GENERATOR HAD KNOWLEDGE OF THE
ILLICIT DISPOSAL OR FAILED TO EXERCISE DUE CARE IN SELECTING OR
INSTRUCTING THE ENTITY ACTUALLY CONDUCTING THE DISPOSAL.
SECTION 16 MODIFIES THE JUDICIAL REVIEW PROVISIONS OF THE SOLID WASTE
DISPOSAL ACT TO FOLLOW COMPARABLE PROVISIONS IN THE CLEAN AIR AND WATER
ACTS. THE AMENDMENT REQUIRES THAT ALL COURT ACTIONS CHALLENGING
REGULATIONS UNDER THIS ACT, INCLUDING PETITIONS TO MODIFY REGULATIONS,
BE HEARD IN THE APPEALS COURT FOR THE DISTRICT OF COLUMBIA. AT PRESENT,
SECTION 7006 REQUIRES ONLY THAT CHALLENGES TO PROMULGATE REGULATIONS --
AND NOT PETITIONS TO MODIFY REGULATIONS -- BE HEARD IN THE DISTRICT OF
COLUMBIA COURT OF APPEALS. THIS SECTION ALSO CONTAINS A COMPANION
AMENDMENT REQUIRING THAT COURT ACTION ON INDIVIDUAL PERMITS OR ON
APPROVAL OF STATE PROGRAMS BE HELD IN THE FEDERAL CIRCUIT COURT FOR THE
CIRCUIT IN WHICH THE AFFECTED PARTY LIVES OR DOES BUSINESS OR THE STATE
IS LOCATED.
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SECTION 17 GIVES THE ADMINISTRATOR AUTHORITY TO SUBPOENA RECORDS AND
COMPEL TESTIMONY OF WITNESSES IN ENFORCEMENT ACTIONS UNDER THE SOLID
WASTE DISPOSAL ACT. THIS IS DRAWN FROM SIMILAR AUTHORITY IN THE CLEAN
AIR AND CLEAN WATER ACTS.
SECTION 18 ADDS TO SECTION 8002 A SPECIAL STUDY OF THE DEGREE OF
HAZARD AND ADEQUACY OF EXISTING REGULATORY PROGRAMS ASSOCIATED WITH
DRILLING FLUIDS, PRODUCED WATERS AND OTHER OIL AND GAS EXPLORATION AND
PRODUCTION WASTES. THIS STUDY IS DISCUSSED IN DETAIL LATER IN THIS
REPORT.
SECTION 19 CORRECTS A FLAW IN A REFERENCE IN SECTION 3(B) OF THE
RESOURCE CONSERVATION AND RECOVERY ACT.
SECTION 20 CONTAINS THE AUTHORIZATIONS FOR THE SOLID WASTE DISPOSAL
ACT.
EPA AUTHORIZATIONS
TABLE OMITTED
THE COMMITTEE CONSIDERED RECENTLY PROPOSED ENVIRONMENTAL PROTECTION
AGENCY REGULATIONS FOR DRILLING FLUIDS, PRODUCED WATERS, AND OTHER
WASTES ASSOCIATED WITH THE EXPLORATION, DEVELOPMENT, OR PRODUCTION OF
CRUDE OIL OR NATURAL GAS IMPLEMENTING THE RESOURCE CONSERVATION AND
RECOVERY ACT. THE COMMITTEE DETERMINED THAT THE EXTENSIVE REGULATORY
PROGRAM PROPOSED BY THE AGENCY COULD HAVE A SIGNIFICANT ECONOMIC IMPACT
ON DOMESTIC OIL AND GAS EXPLORATION AND PRODUCTION ACTIVITIES.
THEREFORE, REGULATIONS ON THESE MATERIALS SHOULD NOT BE PROMULGATED
UNTIL FURTHER INFORMATION IS DEVELOPED TO DETERMINE WHETHER A SUFFICIENT
DEGREE OF HAZARD EXISTS TO WARRANT ADDITIONAL REGULATIONS AND WHETHER
EXISTING STATE OR FEDERAL PROGRAMS ADEQUATELY CONTROL SUCH HAZARDS. THE
ACT WAS AMENDED ACCORDINGLY.
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UNDER THE AMENDMENT, DRILLING FLUIDS, PRODUCED WATERS, AND OTHER
WASTES ASSOCIATED WITH THE EXPLORATION, DEVELOPMENT, OR PRODUCTION OF
CRUDE OIL OR NATURAL GAS ARE SUBJECTED ONLY TO EXISTING STATE OR FEDERAL
REGULATORY PROGRAMS IN LIEU OF SUBTITLE C OF THE RESOURCE CONSERVATION
AND RECOVERY ACT. THIS SUSPENSION OF SUBTITLE C IS APPLICABLE PROVIDED
THAT EXISTING STATE OR FEDERAL PROGRAMS -- FOR WASTE DISPOSAL SITES THAT
ARE TO BE CLOSED -- PROVIDE FOR THE FOLLOWING INFORMATION:
1. A MECHANISM TO ESTABLISH THE LOCATION OF SUCH DISPOSAL SITES,
USING SURVEYING, PLATTINC, OR OTHER MEASURES SO AS TO ASSURE THAT THE
SITE CAN BE LOCATED IN THE FUTURE. FOR DISPOSAL SITES FOR DRILLING
FLUIDS AND ASSOCIATED WASTES THAT ARE LESS THAN 200 LINEAL FEET FROM THE
ASSOCIATED WELL, THIS REQUIREMENT WILL NOT APPLY. THE COMMITTEE'S
INTENT WITH THIS PROVISION IS THAT ONLY THOSE DISPOSAL SITES WHICH ARE
NOT IN CLOSE PROXIMITY TO THE ASSOCIATED WELL NEED TO BE SPECIFICALLY
IDENTIFIED OR LOCATED.
2. A CHEMICAL AND PHYSICAL ANALYSIS OF A PRODUCED WATER AND A
COMPOSITION OF A DRILLING FLUID SUSPECTED TO CONTAIN A HAZARDOUS
MATERIAL WITH SUCH INFORMATION TO BE ACQUIRED PRIOR TO CLOSURE. FOR
DRILLING FLUIDS THIS COMPOSITION COULD BE OBTAINED BY DETERMINING THE
MATERIAL USED IN THE DRILLING OPERATION FROM OPERATING RECORDS. THESE
TWO ITEMS WILL BECOME PART OF THE PUBLIC RECORD AS SPECIFIED IN THE
APPLICABLE STATE OR FEDERAL PROGRAM. THESE TWO ITEMS WERE INCLUDED IN
THE EVENT CORRECTIVE ACTION WOULD BE NECESSARY IF THE STUDY, MANDATED IN
THE AMENDMENT, RECOMMENDED SUCH ACTION AND CONGRESS AGREED THAT SUCH
ACTION WAS NEEDED. IN THE EVENT THAT EXISTING STATE OR FEDERAL PROGRAMS
DO NOT CONTAIN OR CANNOT BE MODIFIED TO INCLUDE THESE TWO ITEMS, THE
ENVIRONMENTAL PROTECTION AGENCY SHOULD IMPLEMENT ONLY THE ABOVEDESCRIBED
MINIMAL REQUIREMENTS TO OBTAIN THIS INFORMATION. HOWEVER, THE COMMITTEE
EXPECTS THE ENVIRONMENTAL PROTECTION AGENCY TO FULLY UTILIZE THE
EXISTING STATE OR FEDERAL PROGRAMS BEFORE DEVELOPING ITS OWN PROGRAM.
FURTHER, THE COMMITTEE EXPECTS THAT EXISTING STATE OR FEDERAL PROGRAMS
WILL BE GIVEN A SUFFICIENT PERIOD OF TIME TO BE MODIFIED IN ORDER TO
INCORPORATE THESE REQUIREMENTS BEFORE THE ENVIRONMENTAL PROTECTION
AGENCY DEVELOPS ITS OWN PROGRAM.
THE SUSPENSION OF SUBTITLE C APPLIES FOR AT LEAST 24 MONTHS AND UNTIL
THE CONGRESS ACTS AFFIRMATIVELY TO ENDORSE ANY PROPOSED ENVIRONMENTAL
PROTECTION AGENCY REGULATIONS. THE COMMITTEE ENVISIONS THE FOLLOWING
PROCESS. THE ENVIRONMENTAL PROTECTION AGENCY WILL CONDUCT A 24 MONTH
STUDY. UPON COMPLETION OF THE STUDY, THE ENVIRONMENTAL PROTECTION
AGENCY WILL SUBMIT THE STUDY AND ITS FINDINGS TO THE JURISDICTIONAL
COMMITTEES OF CONGRESS AND BEGIN A SIX MONTH PUBLIC INVOLVEMENT PROCESS
UNDER WHICH THE STUDY AND ITS CONCLUSIONS WILL BE ANALYZED. AT THE
CONCLUSION OF THIS PERIOD, THE ADMINISTRATOR WILL DECIDE WHETHER
HAZARDOUS WASTE REGULATIONS APPEAR NECESSARY, BASING HIS DECISION ON THE
STUDY AND THE PUBLIC INVOLVEMENT PROCESS. HIS DECISION, HIS
JUSTIFICATION, AND ANY PROPOSED REGULATIONS, IF NECESSARY, WILL BE
SUBMITTED TO BOTH HOUSES OF CONGRESS. THE REGULATIONS WILL BECOME
EFFECTIVE ONLY IF EACH HOUSE ACTS, WITHIN 120 CALENDAR DAYS OF
CONTINUOUS SESSION OF CONGRESS, PASSING A RESOLUTION FAVORING SUCH
REGULATIONS.
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THE ACT IS ALSO AMENDED TO DEFINE THE STUDY THAT THE ENVIRONMENTAL
PROTECTION AGENCY IS MANDATED TO EXECUTE. THE THRUST OF THE STUDY IS TO
DETERMINE THE DEGREE OF HAZARD ASSOCIATED WITH THESE WASTES, THE
ADEQUACY OF EXISTING STATE AND FEDERAL REGULATORY PROGRAMS TO CONTROL
AND MITIGATE ANY HAZARDS, POTENTIAL CHANGES TO REGULATORY PROGRAMS TO
IMPROVE CONTROL AND MITIGATION OF HAZARDS; AND THE COST AND IMPACT OF
THOSE CHANGES ON THE EXPLORATION, DEVELOPMENT, AND PRODUCTION OF CRUDE
OIL AND NATURAL GAS. THE COMMITTEE EXPECTS THE ENVIRONMENTAL PROTECTION
AGENCY TO COOPERATE WITH AND UTILIZE THE EXPERTISE OF INDUSTRY AND STATE
AND FEDERAL REGULATORY AGENCIES, SUCH AS THE TEXAS RAILROAD COMMISSION
AND THE UNITED STATES GEOLOGICAL SURVEY, IN EXECUTING THIS STUDY. THE
COMMITTEE IS REQUIRING THIS STUDY IN ORDER TO ASSURE THAT IT WILL HAVE
AN EFFECTIVE AND SUFFICIENT FACTUAL BASIS UPON WHICH CONGRESS CAN MAKE
ANY NECESSARY DECISIONS.
SECTION 133 OF THE LEGISLATIVE REORGANIZATION ACT OF 1970 AND THE
RULES OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS REQUIRE THAT ANY
ROLLCALL VOTES TAKEN DURING CONSIDERATION OF THIS BILL BE ANNOUNCED IN
THIS REPORT.
THERE WERE TWO ROLLCALL VOTES DURING THE COMMITTEE'S CONSIDERATION OF
THE BILL. THE RESULTS WERE ANNOUNCED AT THE TIME OF THE VOTES. THE
COMMITTEE ORDERED THE BILL REPORTED BY UNANIMOUS VOICE VOTE.
IN COMPLIANCE WITH PARAGRAPH 5 OF RULE XXIX OF THE STANDING RULES OF
THE SENATE, THE COMMITTEE MAKES THE FOLLOWING EVALUATION OF THE
REGULATORY IMPACT OF THE REPORTED BILL:
THE REPORTED BILL REDUCES THE REGULATORY AUTHORITY PROVIDED BY
EXISTING LAW BY SUSPENDING IMPLEMENTATION OF HAZARDOUS WASTE REGULATIONS
FOR CERTAIN WASTES, AS DISCUSSED EARLIER IN THIS REPORT.
THE BILL HAS NO IMPACT ON THE PERSONAL PRIVACY OF INDIVIDUALS.
SECTION 252(A)(1) OF THE LEGISLATIVE REORGANIZATION ACT OF 1970
REQUIRES PUBLICATION IN THE REPORT OF THE COMMITTEE'S ESTIMATE OF THE
COSTS OF THE REPORTED LEGISLATION, TOCETHER WITH ESTIMATES PREPARED BY
ANY FEDERAL AGENCY. THE PRESIDENT'S REQUEST FOR THE PROGRAMS UNDER THIS
LEGISLATION INCLUDES $62.146 MILLION IN THE PRESIDENT'S REQUEST TO
CONGRESS, PLUS AN ADDITIONAL SUM OF $92.0 MILLION WHICH WAS ANTICIPATED
AS THIS REPORT WAS FILED, FOR A TOTAL OF $154.1 MILLION.
THIS BILL PROVIDES AUTHORIZATIONS OF $158.95 MILLION FOR FISCAL YEAR
1980, $170 MILLION FOR FISCAL YEAR 1981, AND $180 MILLION FOR FISCAL
YEAR 1982.
SECTION 403 OF THE CONGRESSIONAL BUDGET AND IMPOUNDMENT REQUIRES EACH
BILL TO CONTAIN A STATEMENT OF THE COST OF SUCH BILL PREPARED BY THE
CONGRESSIONAL BUDGET OFFICE. THAT REPORT FOLLOWS:
CONGRESSIONAL BUDGET OFFICE, U.S. CONGRESS, WASHINGTON, D.C., MAY 15,
1979.
HON. JENNINGS RANDOLPH, CHAIRMAN, COMMITTEE ON ENVIRONMENT AND PUBLIC
WORKS, U.S. SENATE, WASHINGTON, D.C.
PURSUANT TO SECTION 403 OF THE CONGRESSIONAL BUDGET ACT OF 1974, THE
CONGRESSIONAL BUDGET OFFICE HAS PREPARED THE ATTACHED COST ESTIMATE FOR
THE SOLID WASTE DISPOSAL ACT AMENDMENTS OF 1979.
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SHOULD THE COMMITTEE SO DESIRE, WE WOULD BE PLEASED TO PROVIDE
FURTHER DETAILS ON THIS ESTIMATE.
ALICE M. RIVLIN, DIRECTOR.
1. BILL NUMBER: NOT YET ASSIGNED.
2. BILL TITLE: SOLID WASTE DISPOSAL ACT AMENDMENTS OF 1979.
3. BILL STATUS: AS ORDERED REPORTED BY THE SENATE COMMITTEE ON
ENVIRONMENT AND PUBLIC WORKS, MAY 10, 1979.
4. BILL PURPOSE: THE PURPOSE OF THIS LEGISLATION IS TO AMEND THE
SOLID WASTE DISPOSAL ACT AND AUTHORIZE APPROPRIATIONS OF $163.95 MILLION
FOR FISCAL YEAR 1980, $175 MILLION FOR FISCAL YEAR 1981, AND $185
MILLION FOR FISCAL YEAR 1982. INCLUDED IN THESE AUTHORIZATIONS IS A
GENERAL AUTHORIZATION OF $80 MILLION FOR EACH OF THE THREE FISCAL YEARS,
AND SPECIFIC AUTHORIZATIONS OF GRANT FUNDS FOR HAZARDOUS WASTE
MANAGEMENT PROGRAMS, DEVELOPMENT AND IMPLEMENTATION OF SOLID WASTE
PLANS, AND RURAL COMMUNITY ASSISTANCE. THE BILL ALSO AUTHORIZES THE
APPROPRIATION OF $5 MILLION TO THE DEPARTMENT OF COMMERCE TO ENCOURAGE
COMMERCIALIZATION OF RESOURCE RECOVERY TECHNOLOGY.
5. COST ESTIMATE:
AUTHORIZATION LEVEL:
FISCAL YEAR: MILLIONS
1980 $164
1981 $175
1982 $185
1983
1984
ESTIMATED OUTLAYS:
FISCAL YEAR:
1980 62
1981 124
1982 166
1983 112
1984 49
THE COSTS OF THIS BILL FALL WITHIN FUNCTION 300.
6. BASIS OF ESTIMATE: FOR PURPOSES OF THIS ESTIMATE, IT HAS BEEN
ASSUMED THAT THE FULL AMOUNTS AUTHORIZED IN EACH FISCAL YEAR WILL BE
APPROPRIATED. OUTLAYS FROM EACH FISCAL YEAR'S AUTHORIZATION ARE BASED
ON HISTORICAL SPENDING PATTERNS FOR THESE TYPES OF ACTIVITIES.
7. ESTIMATE COMPARISON: NONE.
8. PREVIOUS CBO ESTIMATE: NONE.
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9. ESTIMATED PREPARED BY: KATHY WEISS.
10. ESTIMATE APPROVED BY:
C.G. NUCKOLS (FOR JAMES L. BLUM, ASSISTANT DIRECTOR FOR BUDGET
ANALYSIS).
IN COMPLIANCE WITH SUBSECTION (4) OF RULE XXIX OF THE STANDING RULES
OF THE SENATE, CHANGES IN EXISTING LAW MADE BY THE BILL AS REPORTED ARE
SHOWN AS FOLLOWS: EXISTING LAW PROPOSED TO BE OMITTED IS ENCLOSED IN
BLACK BRACKETS, NEW MATTER IS PRINTED IN ITALIC, EXISTING LAW IN WHICH
NO CHANGE IS PROPOSED IS SHOWN IN ROMAN):
THIS ACT MAY BE CITED AS THE "SOLID WASTE DISPOSAL ACT AMENDMENTS OF
1979".
SEC. 1004. AS USED IN THIS ACT:
(14) THE TERM "OPEN DUMP" MEANS (A SITE FOR THE DISPOSAL OF SOLID
WASTE WHICH IS NOT A SANITARY LANDFILL WITHIN THE MEANING OF SECTION
4004.) ANY FACILITY OR SITE WHERE SOLID WASTE IS DISPOSED OF WHICH IS
NOT A SANITARY LANDFILL WHICH MEETS THE CRITERIA PROMULGATED UNDER
SECTION 4004 AND WHICH IS NOT A FACILITY FOR DISPOSAL OF HAZARDOUS
WASTE.
(19) THE TERM "RECOVERED MATERIAL" MEANS (MATERIAL WHICH HAS BEEN
COLLECTED OR RECOVERED FROM SOLID WASTE.) WASTE MATERIAL AND BYPRODUCTS
WHICH HAVE BEEN RECOVERED OR DIVERTED FROM SOLID WASTE, BUT DOES NOT
INCLUDE THOSE MATERIALS GENERATED FROM AND COMMONLY REUSED WITHIN THE
ORIGINAL MANUFACTURING PROCESS ITSELF.
SEC. 2002. (A) AUTHORITIES. -- IN CARRYING OUT THIS ACT, THE
ADMINISTRATOR IS AUTHORIZED TO
(4) CONSULT WITH REPRESENTATIVES OF SCIENCE, INDUSTRY, AGRICULTURE,
LABOR, ENVIRONMENTAL PROTECTION AND CONSUMER ORGANIZATTIONS, AND OTHER
GROUPS, AS HE DEEMS ADVISABLE; (AND)
(5) UTILIZE THE INFORMAION, FACILITIES, PERSONNEL AND OTHER RESOURCE
OF FEDERAL AGENCIES, INCLUDING THE NATIONAL BUREAU OF STANDARDS AND THE
NATIONAL BUREAU OF THE CENSUS, ON A REIMBURSABLE BASIS, TO PERFORM
RESEARCH AND ANALYSES AND CONDUCT STUDIES AND INVESTIGATIONS RELATED TO
RESOURCE RECOVERY AND CONSERVATION AND TO OTHERWISE CARRY OUT THE
ADMINISTRATOR'S FUNCTIONS UNDER THIS ACT (.) AND
(6) TO DELEGATE THE PERFORMANCE OF ANY INSPECTION OR ENFORCEMENT
FUNCTION UNDER THIS ACT TO ANOTHER DEPARTMENT, AGENCY OR INSTRUMENTALITY
OF THE FEDERAL GOVERNMENT WHERE SUCH DELEGATION WOULD AVOID UNNECESSARY
DUPLICATION OF ACTIVITY AND WOULD CARRY OUT THE OBJECTIVES OF THIS ACT
AND ALL APPLICABLE STATUES ADMINISTERED BY SUCH OTHER DEPARTMENT, AGENCY
OR INSTRUMENTALITY.
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SEC. 2006. (A) GENERAL ADMINISTRATION. -- THERE ARE AUTHORIZED TO BE
APPROPRIATED TO THE ADMINISTRATOR FOR THE PURPOSE OF CARRYING OUT THE
PROVISIONS OF THIS ACT, $35,000,000 FOR THE FISCAL YEAR ENDING SEPTEMBER
30, 1977, $38,000,000 FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1978,
(AND) $42,000,000 FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1979 (.),
$80,000,000 FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1980, $80,000,000
FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1981, AND $80,000,000 FOR THE
FISCAL YEAR ENDING SEPTEMBER 30, 1982.
(B) RESOURCE RECOVERY AND CONSERVATION PANELS. -- NOT LESS THAN 20
PERCENT OF THE AMOUNT APPROPRIATED UNDER SUBSECTION (A), OR $5,000,000
PER FISCAL YEAR, WHICHEVER IS LESS, SHALL BE USED ONLY FOR PURPOSES OF
RESOURCE RECOVERY AND CONSERVATION PANELS ESTABLISHED UNDER SECTION 2003
(INCLUDING TRAVEL EXPENSES INCURRED BY SUCH PANELS IN CARRYING OUT THEIR
FUNCTIONS UNDER THIS ACT).
(D) STATE AND LOCAL SUPPORT. -- NOT LESS THAN 25 PER CENTUM OF THE
TOTAL AMOUNT APPROPRIATED UNDER THIS TITLE, UP TO THE AMOUNT AUTHORIZED
IN SECTION 4008(A)(1), SHALL BE USED ONLY FOR PURPOSES OF SUPPORT TO
STATE, REGIONAL, LOCAL, AND INTERSTATE AGENCIES IN ACCORDANCE WITH
SUBTITLE D OF THIS ACT OTHER THAN SECTIONS 4008(A) (2) OR 4009."
SEC. 3001. (A) * * *
(B)(1) IDENTIFICATION AND LISTING. -- NOT LATER THAN EIGHTEEN MONTHS
AFTER THE DATE OF ENACTMENT OF THIS SECTION, AND AFTER NOTICE AND
OPPORTUNITY FOR PUBLIC HEARING, THE ADMINISTRATOR SHALL PROMULGATE
REGULATIONS IDENTIFYING THE CHARACTERISTICS OF HAZARDOUS WASTE, AND
LISTING PARTICULAR HAZARDOUS WASTES (WITHIN THE MEANING OF SECTION
1004(5)), WHICH SHALL BE SUBJECT TO THE PROVISIONS OF THIS SUBTITLE.
SUCH REGULATIONS SHALL BE BASED ON THE CRITERIA PROMULGATED UNDER
SUBSECTION (A) AND SHALL BE REVISED FROM TIME TO TIME THEREAFTER AS MAY
BE APPROPRIATE.
(2)(A) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (1) OF THIS
SUBSECTION, DRILLING FLUIDS, PRODUCED WATERS, AND OTHER WASTES
ASSOCIATED WITH THE EXPLORATION, DEVELOPMENT, OR PRODUCTION OF CRUDE OIL
OR NATURAL GAS SHALL BE SUBJECT ONLY TO EXISTING STATE OR FEDERAL
REGULATORY PROGRAMS IN LIEU OF SUBTITLE C UNTIL AT LEAST 24 MONTHS AFTER
THE DATE OF ENACTMENT OF THIS PARAGRAPH AND AFTER PROMULGATION OF THE
REGULATIONS IN ACCORDANCE WITH SUBPARAGRAPHS (B) AND (C) OF THIS
PARAGRAPH: PROVIDED, THAT SUCH STATE OR FEDERAL PROGRAMS INCLUDE, FOR
WASTE IDSPOSAL SITES WHICH ARE TO BE CLOSED, PROVISIONS REQUIRING AT
LEAST THE FOLLOWING:
(I) THE IDENTIFICATION THROUGH SURVEYING, PLATTING, OR OTHER
MEASURES, TOGETHER WITH RECORDATION OF SUCH INFORMATION ON THE PUBLIC
RECORD, SO AS TO ASSURE THAT THE LOCATION WHERE SUCH WASTES ARE DISPOSED
OF CAN BE LOCATED IN THE FUTURE: PROVIDED, HOWEVER, THAT NO SUCH
SURVEYING, PLATTING, OR OTHER MEASURE IDENTIFYING THE LOCATION OF A
DISPOSAL SITE FOR DRILLING FLUIDS AND ASSOCIATED WASTES SHALL BE
REQUIRED IF THE DISTANCE FROM THE DISPOSAL SITE TO THE SURVEYED OR
PLATTED LOCATION TO THE ASSOCIATED WELL IS LESS THAN TWO HUNDRED LINEAL
FEET; AND
(II) A CHEMICAL AND PHYSICAL ANALYSIS OF A PRODUCED WATER AND A
COMPOSITION OF A DRILLING FLUID SUSPECTED TO CONTAIN A HAZARDOUS
MATERIAL, WITH SUCH INFORMATION TO BE ACQUIRED PRIOR TO CLOSURE AND TO
BE PLACED ON THE PUBLIC RECORD.
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(B) NOT LATER THAN SIX MONTHS AFTER COMPLETION AND SUBMISSION OF THE
STUDY REQUIRED BY SECTION 8002(N) OF THIS ACT, THE ADMINISTRATOR SHALL,
AFTER PUBLIC HEARINGS AND OPPORTUNITY FOR COMMENT, DETERMINE EITHER TO
PROMULGATE REGULATIONS UNDER THIS SUBTITLE FOR DRILLING FLUIDS, PRODUCED
WATERS, AND OTHER WASTES ASSOCIATED WITH THE EXPLORATION, DEVELOPMENT,
OR PRODUCTION OF CRUDE OIL OR NATURAL GAS OR THAT SUCH REGULATIONS ARE
UNWARRANTED. THE ADMINISTRATOR SHALL PUBLISH HIS DECISION IN THE
FEDERAL REGISTER ACCOMPANIED BY AN EXPLANATION AND JUSTIFICATION OF THE
REASONS FOR IT. IN MAKING THE DECISION UNDER THIS PARAGRAPH, THE
ADMINISTRATOR SHALL UTILIZE THE INFORMATION DEVELOPED OR ACCUMULATED
PURSUANT TO THE STUDY REQUIRED UNDER SECTION 8002(N).
(C) THE ADMINISTRATOR SHALL TRANSMIT HIS DECISION, ALONG WITH ANY
REGULATIONS, IF NECESSARY, TO BOTH HOUSES OF CONGRESS. SUCH REGULATIONS
SHALL NOT TAKE EFFECT UNLESS BETWEEN THE DATE OF TRANSMITTAL AND THE END
OF THE FIRST PERIOD OF ONE HUNDRED AND TWENTY CALENDAR DAYS OF
CONTINUOUS SESSION OF CONGRESS AFTER THE DATE ON WHICH SUCH REGULATIONS
ARE TRANSMITTED TO SUCH HOUSE, EACH HOUSE OF CONGRESS PASSES A
RESOLUTION FAVORING SUCH REGULATIONS.
SEC. 3002. * * *
(5) USE OF A MANIFEST SYSTEM AND ANY OTHER REASONABLE MEANS NECESSAR
TO ASSURE THAT ALL SUCH HAZARDOUS WASTE GENERATED IS DESIGNATED FOR
TREATMENT, STORAGE, OR DISPOSAL IN, AND ARRIVES AT, TREATMENT, STORAGE,
OR DISPOSAL FACILITIES (OTHER THAN FACILITIES ON THE PREMISES WHERE THE
WASTE IS GENERATED) FOR WHICH A PERMIT HAS BEEN ISSUED AS PROVIDED IN
THIS SUBTITLE, OR PURSUANT TO TITLE I OF THE MARINE PROTECTION,
RESEARCH, AND SANCTUARIES ACT (86 STAT. 1052); AND
SEC. 3004. NOT LATER THAN EIGHTEEN MONTHS AFTER THE DATE OF
ENACTMENT OF THIS SECTION, AND AFTER OPPORTUNITY FOR PUBLIC HEARINGS AND
AFTER CONSULATION WITH APPROPRIATE FEDERAL AND STATE AGENCIES, THE
ADMINISTRATOR SHALL PROMULGATE REGULATIONS ESTABLISHING SUCH PERFORMANCE
STANDARDS, APPLICABLE TO OWNERS AND OPERATORS OF FACILITIES FOR THE
TREATMENT, STORAGE, OR DISPOSAL OF HAZARDOUS WASTE IDENTIFIED OR LISTED
UNDER THIS SUBTITLE, AS MAY BE NECESSARY TO PROTECT HUMAN HEALTH AND THE
ENVIRONMENT. THE ADMINISTRATOR IS AUTHORIZED TO DISTINGUISH IN SUCH
PERFORMANCE STANDARDS BETWEEN REQUIREMENTS APPROPRIATE FOR NEW
FACILITIES AND FOR FACILITIES IN EXISTENCE ON THE DATE OF PROMULGATION
OF SUCH REGULATIONS.
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SUCH STANDARDS SHALL INCLUDE, BUT NEED NOT BE LIMITED TO,
REQUIREMENTS RESPECTING
(1) MAINTAINING RECORDS OF ALL HAZARDOUS WASTES IDENTIFIED OR LISTED
UNDER THIS TITLE WHICH IS TREATED, STORED, OR DISPOSED OF, AS THE CASE
MAY BE, AND THE MANNER IN WHICH SUCH WASTES WERE TREATED, STORED, OR
DISPOSED OF;
(2) SATISFACTORY REPORTING, MONITORING, AND INSPECTION AND COMPLIANC
WITH THE MANIFEST SYSTEM REFERRED TO IN SECTION 3002(5);
(3) TREATMENT, STORAGE, OR DISPOSAL OF ALL SUCH WASTE RECEIVED BY THE
FACILITY PURSUANT TO SUCH OPERATING METHODS, TECHNIQUES, AND PRACTICES
AS MAY BE SATISFACTORY TO THE ADMINISTRATOR;
(4) THE LOCATION, DESIGN, AND CONSTRUCTION OF SUCH HAZARDOUS WASTE
TREATMENT, DISPOSAL, OR STORAGE FACILITIES;
(5) CONTINGENCY PLANS FOR EFFECTIVE ACTION TO MINIMIZE UNANTICIPATED
DAMAGE FROM ANY TREATMENT, STORAGE, OR DISPOSAL OF ANY SUCH HAZARDOUS
WASTE;
(6) THE MAINTENANCE OF OPERATION OR SUCH FACILITIES AND REQUIRING
SUCH ADDITIONAL QUALIFICATIONS AS TO OWNERSHIP, CONTINUITY OF OPERATION,
TRAINING FOR PERSONNEL, AND FINANCIAL RESPONSIBILITY AS MAY BE NECESSARY
OR DESIRABLE; AND
(7) COMPLIANCE WITH THE REQUIREMENTS OF SECTION 3005 RESPECTING
PERMITS FOR TREATMENT, STORAGE, OR DISPOSAL.
NO PRIVATE ENTITY SHALL BE PRECLUDED BY REASON OF CRITERIA
ESTABLISHED UNDER PARAGRAPH (6) FROM THE OWNERSHIP OR OPERATION OF
FACILITIES PROVIDING HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL
SERVICES WHERE SUCH ENTITY CAN PROVIDE ASSURANCES OF FINANCIAL
RESPONSIBILITY AND CONTINUITY OF OPERATION CONSISTENT WITH THE DEGREE
AND DURATION OF RISKS ASSOCIATED WITH THE TREATMENT, STORAGE, OR
DISPOSAL OF SPECIFIED HAZARDOUS WASTE.
SEC. 3005. (A) * * *
(E) INTERIM STATUS. -- ANY PERSON WHO
(1) OWNS OR OPERATES A FACILITY REQUIRED TO HAVE A PERMIT UNDER THIS
SECTION WHICH (FACILITY IS IN EXISTENCE ON THE DATE OF ENACTMENT OF THIS
ACT.) FACILITY IS IN EXISTENCE ON THE DATE OF PROMULGATION OF
REGULATIONS UNDER SECTION 3001 AND 3004, OR AN APPLICABLE REVISIONS
THERETO, AND
(2) HAS COMPLIED WITH THE REQUIREMENTS OF SECTION 3010(A), AND
(3) HAS MADE AN APPLICATION FOR A PERMIT UNDER THIS SECTION SHALL BE
TREATED AS HAVING BEEN ISSUED SUCH PERMIT UNTIL SUCH TIME AS FINAL
ADMINISTRATIVE DISPOSITION OF SUCH APPLICATION IS MADE, UNLESS THE
ADMINISTRATOR OR OTHER PLAINTIFF PROVES THAT FINAL ADMINISTRATIVE
DISPOSITION OF SUCH APPLICATION HAS NOT BEEN MADE BECAUSE OF THE FAILURE
OF THE APPLICANT TO FURNISH INFORMATION REASONABLY REQUIRED OR REQUESTED
IN ORDER TO PROCESS THE APPLICATION.
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SEC. 3007. (A) ACCESS ENTRY. -- FOR PURPOSES OF DEVELOPING OR
ASSISTING IN THE DEVELOPMENT OF ANY REGULATION OR ENFORCING THE
PROVISIONS OF THIS (SUBTITLE.) TITLE ANY PERSON WHO GENERATES, STORES
TREATS, TRANSPORTS, DISPOSES OF, OR OTHERWISE HANDLES, OR HAS HANDLED,
HAZARDOUS WASTES SHALL, UPON REQUEST OF (ANY OFFICER OR EMPLOYEE) ANY
OFFICER, EMPLOYEE, OR REPRESENTATIVE OF THE ENVIRONMENTAL PROTECTION
AGENCY, DULY DESIGNATED BY THE ADMINISTRATOR, OR UPON REQUEST OF ANY
DULY (DESIGNATED OFFICER EMPLOYEE) DESIGNATED OFFICER, EMPLOYEE, OR
REPRESENTATIVE OF A STATE HAVING AN AUTHORIZED HAZARDOUS WASTE PROGRAM,
(FURNISH OR PERMIT) FURNISH INFORMATION RELATING TO SUCH WASTES AND
PERMIT SUCH PERSON AT ALL REASONABLE TIMES TO HAVE ACCESS TO, AND TO
COPY ALL RECORDS RELATING TO SUCH WASTES. FOR THE PURPOSES OF
DEVELOPING OR ASSISTING IN THE DEVELOPMENT OF ANY REGULATION OR
ENFORCING THE PROVISIONS OF THIS TITLE, (SUCH OFFICERS OR EMPLOYEES)
SUCH OFFICERS, EMPLOYEES, OR REPRESENTATIVES ARE AUTHORIZED
(1) TO ENTER AT REASONABLE TIMES ANY ESTABLISHMENT OR OTHER PLACE
(MAINTAINED BY ANY PERSON) WHERE HAZARDOUS WASTES ARE OR HAVE BEEN
GENERATED, STORED, TREATED, OR DISPOSED OF, OR TRANSPORTED FROM;
(2) TO INSPECT AND OBTAIN SAMPLES FROM ANY PERSON OF ANY SUCH WASTES
AND SAMPLES OF ANY CONTAINERS OR LABELING FOR SUCH WASTES.
EACH SUCH INSPECTION SHALL BE COMMENCED AND COMPLETED WITH REASONABL
PROMPTNESS. IF THE (OFFICER OR EMPLOYEE) OFFICER, EMPLOYEE, OR
REPRESENTATIVE OBTAINS ANY SAMPLES, PRIOR TO LEAVING THE PREMISES, HE
SHALL GIVE TO THE OWNER, OPERATOR, OR AGENT IN CHARGE A RECEIPT
DESCRIBING THE SAMPLE OBTAINED AND IF REQUESTED A PORTION OF EACH SUCH
SAMPLE EQUAL IN VOLUME OR WEIGHT TO THE PORTION RETAINED. IF ANY
ANALYSIS IS MADE OF SUCH SAMPLES, A COPY OF THE RESULTS OF SUCH ANALYSIS
SHALL BE FURNISHED PROMPTLY TO THE OWNER, OPERATOR, OR AGENT IN CHARGE.
(B) AVAILABILITY TO PUBLIC. -- (1) ANY RECORDS, REPORTS, OR
INFORMATION OBTAINED FROM ANY PERSON UNDER THIS SECTION SHALL BE
AVAILABLE TO THE PUBLIC, EXCEPT THAT UPON A SHOWING SATISFACTORY TO THE
ADMINISTRATOR (OR THE STATE, AS THE CASE MAY BE) BY ANY PERSON THAT
RECORDS, REPORTS, OR INFORMATION, OR PARTICULAR PART THEREOF, TO WHICH
THE ADMINISTRATOR (OR THE STATE, AS THE CASE MAY BE) OR ANY OFFICER,
EMPLOYEE, OR REPRESENTATIVE HAS ACCESS UNDER THIS SECTION IF MADE
PUBLIC, WOULD DIVULGE INFORMATION ENTITLED TO PROTECTION UNDER SECTION
1905 OF TITLE 18 OF THE UNITED STATES CODE, (THE ADMINISTRATOR (OR THE
STATE, AS THE CASE MAY BE) SHALL CONSIDER SUCH INFORMATION OR PARTICULAR
PORTION THEREOF) SUCH INFORMATION OR PARTICULAR PORTION THEREOF SHALL BE
CONSIDERED CONFIDENTIAL IN ACCORDANCE WITH THE PURPOSES OF THAT SECTION,
EXCEPT THAT SUCH RECORD, REPORT, DOCUMENT, OR INFORMATION MAY BE
DISCLOSED TO OTHER OFFICERS, EMPLOYEES, OR AUTHORIZED REPRESENTATIVES OF
THE UNITED STATES CONCERNED WITH CARRYING OUT THIS ACT, OR WHEN RELEVANT
IN ANY PROCEEDING UNDER THIS ACT.
(2) ANY PERSON NOT SUBJECT TO THE PROVISIONS OF SECTION 1905 OF TITLE
18 OF THE UNITED STATES CODE WHO KNOWINGLY AND WILLFULLY DIVULGES OR
DISCLOSES ANY INFORMATION ENTITLED TO PROTECTION UNDER THIS SUBSECTION
SHALL, UPON CONVICTION, BE SUBJECT TO A FINE OF NOT MORE THAN $5,000 OR
TO IMPRISONMENT NOT TO EXCEED ONE YEAR, OR BOTH.
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(3) IN SUBMITTING DATA UNDER THIS ACT, A PERSON REQUIRED TO PROVIDE
SUCH DATA MAY (A) DESIGNATE THE DATA WHICH SUCH PERSON BELIEVES IS
ENTITLED TO PROTECTION UNDER THIS SUBSECTION AND (B) SUBMIT SUCH
DESIGNATED DATA SEPARATELY FROM OTHER DATA SUBMITTED UNDER THIS ACT. A
DESIGNATION UNDER THIS PARAGRAPH SAHLL BE MADE IN WRITING AND IN SUCH
MANNER AS THE ADMINISTRATOR MAY PRESCRIBE.
(4) NOTWITHSTANDING ANY LIMITATION CONTAINED IN THIS SECTION OR ANY
OTHER PROVISION OF LAW, ALL INFORMATION REPORTED TO OR OTHERWISE
OBTAINED BY THE ADMINISTRATOR (OR ANY REPRESENTATIVE OF THE
ADMINISTRATOR) UNDER THIS ACT SHALL BE MADE AVAILABLE, UPON WRITTEN
REQUEST OF ANY DULY AUTHORIZED COMMITTEE OF THE CONGRESS, TO SUCH
COMMITTEE.
SEC. 3008. (A) COMPLIANCE ORDERS. -- (1) EXCEPT AS PROVIDED IN
PARAGRAPH (2), WHENEVER ON THE BASIS OF ANY INFORMATION THE
ADMINISTRATOR DETERMINES THAT ANY PERSON IS IN VIOLATION OF ANY
REQUIREMENT OF THIS SUBTITLE, (THE ADMINISTRATOR SHALL GIVE NOTICE TO
THE VIOLATOR OF HIS FAILURE TO COMPLY WITH SUCH REQUIREMENT. IF SUCH
VIOLATION EXTENDS BEYOND THE THIRTIETH DAY AFTER THE ADMINISTRATOR'S
NOTIFICATION,) THE ADMINISTRATOR MAY ISSUE AN ORDER REQUIRING COMPLIANCE
WITHIN A SPECIFIED TIME PERIOD OR THE ADMINISTRATOR MAY COMMENCE A CIVIL
ACTION IN THE UNITED STATES DISTRICT COURT IN THE DISTRICT IN WHICH THE
VIOLATION OCCURRED FOR APPROPRIATE RELIEF, INCLUDING A TEMPORARY OR
PERMANENT INJUNCTION.
(2) IN THE CASE OF A VIOLATION OF ANY REQUIREMENT OF THIS SUBTITLE
WHERE SUCH VIOLATION OCCURS IN A STATE WHICH IS AUTHORIZED TO ARRY OUT A
HAZARDOUS WASTE PROGRAM UNDER SECTION 3006, THE ADMINISTRATOR SHALL GIVE
NOTICE TO THE STATE IN WHICH SUCH VIOLATION HAS OCCURRED (THIRTY DAYS)
PRIOR TO ISSUING AN ORDER OR COMMENCING A CIVIL ACTION UNDER THIS
SECTION.
(3) IF SUCH VIOLATOR FAILS TO TAKE CORRECTIVE ACTION WITHIN THE TIME
SPECIFIED IN THE ORDER, HE SHALL BE LIABLE FOR A CIVIL PENALTY OF NOT
MORE THAN $25,000 FOR EACH DAY OF CONTINUED NONCOMPLIANCE AND THE
ADMINISTRATOR MAY SUSPEND OR REVOKE ANY PERMIT ISSUED TO THE VIOLATOR
(WHETHER ISSUED BY THE ADMINISTRATOR OR THE STATE).
(B) PUBLIC HEARING. -- ANY ORDER (OR ANY SUSPENSION OR REVOCATION OF
A PERMIT) SHALL BECOME FINAL UNLESS, NO LATER THAN THIRTY DAYS AFTER THE
ORDER (OR NOTICE OF THE SUSPENSION OR REVOCATION) IS SERVED, THE PERSON
OR PERSONS NAMED THEREIN REQUEST A PUBLIC HEARING. UPON SUCH REQUEST,
THE ADMINISTRATOR SHALL PROMPTLY CONDUCT A PUBLIC HEARING. IN
CONNECTION WITH ANY PROCEEDING UNDER THIS SECTION, THE ADMINISTRATOR MAY
ISSUE SUBPENAS FOR THE ATTENDANCE AND TESTIMONY OF WITNESSES AND THE
PRODUCTION OF RELEVANT PAPERS, BOOKS, AND DOCUMENTS, AND MAY PROMULGATE
RULES FOR DISCOVERY PROCEDURES.
(C) REQUIREMENTS OF COMPLIANCE ORDERS. -- ANY ORDER ISSUED UNDER THIS
SECTION MAY INCLUDE A SUSPENSION OR REVOCATION OF A PERMIT ISSUED UNDER
THIS SUBTITLE, AND SHALL STATE WITH REASONABLE SPECIFICITY THE NATURE OF
THE VIOLATION AND SPECIFY A TIME FOR COMPLIANCE AND ASSESS A PENALTY, IF
ANY, WHICH THE ADMINISTRATOR DETERMINES IS REASONABLE TAKING INTO
ACCOUNT THE SERIOUSNESS OF THE VIOLATION AND ANY GOOD FAITH EFFORTS TO
COMPLY WITH THE APPLICABLE REQUIREMENTS.
(D) CRIMINAL PENALTY. -- ANY PERSON WHO KNOWINGLY
(1) TRANSPORTS ANY HAZARDOUS WASTE IDENTIFIED OR LISTED UNDER THIS
SUBTITLE TO A FACILITY WHICH DOES NOT HAVE A PERMIT UNDER SECTION 3005
(OR 3006 IN THE CASE OF A STATE PROGRAM), OR PURSUANT TO TITLE I OF THE
MARINE PROTECTION, RESEARCH, AND SANCTUARIES ACT (86 STAT. 1052),
(2) TREATS, STORES, OR DISPOSES OF ANY HAZARDOUS WASTE IDENTIFIED OR
LISTED UNDER THIS SUBTITLE WITHOUT HAVING OBTAINED A PERMIT UNDER
SECTION 3005 (OR 3006 IN THE CASE OF A STATE PROGRAM) OR PURSUANT TO
TITLE I OF THE MAINE PROTECTION, RESEARCH, AND SACTUARIES ACT (86 STAT.
1052),
(3) MAKES ANY FALSE STATEMENT OR REPRESENTATION IN ANY APPLICATION,
LABEL, MANIFEST, RECORD, REPORT, PERMIT, OR OTHER DOCUMENT FILED,
MAINTAINED, OR USED FOR PURPOSES OF COMPLIANCE WITH THIS SUBTITLE,
SHALL, UPON CONVICTION, BE SUBJECT TO A FINE OF NOT MORE THAN $25,000
FOR EACH DAY OF VIOLATION, OR TO IMPRISONMENT NOT TO EXCEED ONE YEAR, OR
BOTH.
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IF THE CONVICTION IS FOR A VIOLATION COMMITTED AFTER A FIRST
CONVICTION OF SUCH PERSON UNDER THIS PARAGRAPH, PUNISHMENT SHALL BE BY A
FINE OF NOT MORE THAN $50,000 PER DAY OF VIOLATION, OR BY IMPRISONMENT
FOR NOT MORE THAN TWO YEARS, OR BY BOTH.
(E) CIVIL PENALTY. -- ANY PERSON WHO VIOLATES ANY REQUIREMENT OF THIS
SUBTITLE SHALL BE LIABLE TO THE UNITED STATES FOR A CIVIL PENALTY IN AN
AMOUNT NOT TO EXCEED $25,000 FOR EACH SUCH VIOLATION. EACH DAY OF SUCH
VIOLATION SHALL, FOR PURPOSES OF THIS SUBSECTION, CONSTITUTE A SEPARATE
VIOLATION."
SEC. 3011. (A) AUTHORIZATION. -- THERE IS AUTHORIZED TO BE
APPROPRIATED $25,000,000 FOR EACH OF THE FISCAL YEARS 1978 AND 1979,
$30,000,000 FOR FISCAL YEAR 1980, $35,000,000 FOR FISCAL YEAR 1981, AND
$40,000,000 FOR FISCAL YEAR 1982 TO BE USED TO MAKE GRANTS TO THE STATES
FOR PURPOSES OF ASSISTING THE STATES IN THE DEVELOPMENT AND
IMPLEMENTATION OF AUTHORIZED STATE HAZARDOUS WASTE PROGRAMS, INCLUDING
PROGRAMS TO PROTECT HEALTH AND THE ENVIRONMENT FROM HAZARDOUS WASTE
DISPOSAL SITES OR FACILITIES WHICH ARE NO LONGER RECEIVING WASTES.
SEC. 4003. IN ORDER TO BE APPROVED UNDER SECTION 4007, EACH STATE
PLAN MUST COMPLY WITH THE FOLLOWING MINIMUM REQUIREMENTS
(1) THE PLAN SHALL IDENTIFY (IN ACCORDANCE WITH SECTION 4006(B)) (A)
THE RESPONSIBILITIES OF STATE, LOCAL, AND REGIONAL AUTHORITIES IN THE
IMPLEMENTATION OF THE STATE PLAN, (B) THE DISTRIBUTION OF FEDERAL FUNDS
TO THE AUTHORITIES RESPONSIBLE FOR DEVELOPMENT AND IMPLEMENTATION OF THE
STATE PLAN, AND (C) THE MEANS FOR COORDINATING REGIONAL PLANNING AND
IMPLEMENTATION UNDER THE STATE PLAN.
(2) THE PLAN SHALL, IN ACCORDANCE WITH (SECTION 4005(C),) SECTIONS
4004(B) AND 4005(A), PROHIBIT THE ESTABLISHMENT OF NEW OPEN DUMPS WITHIN
THE STATE, AND CONTAIN REQUIREMENTS THAT ALL SOLID WASTE (INCLUDING
SOLID WASTE ORIGINATING IN OTHER STATES, BUT NOT INCLUDING HAZARDOUS
WASTE) SHALL BE (A) UTILIZED FOR RESOURCE RECOVERY OR (B) DISPOSED OF IN
SANITARY LANDFILLS (WITHIN THE MEANING OF SECTION 4004(A)) OR OTHERWISE
DISPOSED OF IN AN ENVIRONMENTALLY SOUND MANNER.
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(3) THE PLAN SHALL PROVIDE FOR THE CLOSING OR UPGRADING OF ALL
EXISTING OPEN DUMPS WITHIN THE STATE PURSUANT TO THE REQUIREMENTS OF
SECTION 4005.
(4) THE PLAN SHALL PROVIDE FOR THE ESTABLISHMENT OF SUCH STATE
REGULATORY POWERS AS MAY BE NECESSARY TO IMPLEMENT THE PLAN.
(5) THE PLAN SHALL PROVIDE THAT NO STATE OR LOCAL GOVERNMENT WITHIN
THE STATE SHALL BE PROHIBITED UNDER STATE OR LOCAL LAW FROM ENTERING
INTO LONG-TERM CONTRACTS FOR THE SUPPLY OF SOLID WASTE TO RESOURCE
RECOVERY FACILITIES (.), FROM ENTERING INTO LONG-TERM CONTRACTS FOR THE
OPERATION OF SUCH FACILITIES, OR FROM SECURING LONG-TERM MARKETS FOR
MATERIAL AND ENERGY RECOVERED FROM SUCH FACILITIES.
(6) THE PLAN SHALL PROVIDE FOR SUCH RESOURCE CONSERVATION OR RECOVERY
AND FOR THE DISPOSAL OF SOLID WASTE IN SANITARY LANDFILLS OR ANY
COMBINATION OF PRACTICES SO AS MAY BE NECESSARY TO USE OR DISPOSE OF
SUCH WASTE IN A MANNER THAT IS ENVIRONMENTALLY SOUND.
SEC. 4005. ((A) OPEN DUMPS. -- FOR PURPOSES OF THIS ACT, THE TERM
"OPEN DUMP" MEANS ANY FACILITY OR SITE WHERE SOLID WASTE IS DISPOSED OF
WHICH IS NOT A SANITARY LANDFILL WHICH MEETS THE CRITERIA PROMULGATED
UNDER SECTION 4004 AND WHICH IS NOT A FACILITY FOR DISPOSAL OF HAZARDOUS
WASTE.)
((C)) (A) CLOSING OR UPGRADING OF EXISTING OPEN DUMPS. -- (ANY) UPON
PROMULGATION OF CRITERIA UNDER SECTION 1008(A)(3), ANY SOLID WASTE
MANAGEMENT PRACTICE OR DISPOSAL OF SOLID WASTE OR HAZARDOUS WASTE WHICH
CONSTITUTES THE OPEN DUMPING OF SOLID WASTE OR HAZARDOUS WASTE IS
PROHIBITED, EXCEPT IN THE CASE OF ANY PRACTICE OR DISPOSAL OF SOLID
WASTE UNDER A TIMETABLE OR SCHEDULE FOR COMPLIANCE ESTABLISHED UNDER
THIS SECTION. FOR PURPOSES OF COMPLYING WITH SECTION 4003(2), AND
4003(3) EACH STATE PLAN SHALL CONTAIN A REQUIREMENT THAT ALL EXISTING
DISPOSAL FACILITIES OR SITES FOR SOLID WASTE IN SUCH STATE WHICH ARE
OPEN DUMPS LISTED IN THE INVENTORY UNDER SUBSECTION (B) SHALL COMPLY
WITH SUCH MEASURES AS MAY BE PROMULGATED BY THE ADMINISTRATOR TO
ELIMINATE HEALTH HAZARDS AND MINIMIZE POTENTIAL HEALTH HAZARDS. EACH
SUCH PLAN SHALL ESTABLISH, FOR ANY ENTITY WHICH DEMONSTRATES THAT IT HAS
CONSIDERED OTHER PUBLIC OR PRIVATE ALTERNATIVES FOR SOLID WASTE
MANAGEMENT TO COMPLY WITH THE PROBHIBITION ON OPEN DUMPING AND IS UNABLE
TO UTILIZE SUCH ALTERNATIVES TO SO COMPLY, A TIMETALBE OR SCHEDULE FOR
COMPLIANCE FOR SUCH PRACTICE OR DISPOSAL OF SOLID WASTE WHICH SPECIFIES
A SCHEDULE OF REMEDIAL MEASURES, INCLUDING AN ENFORCEABLE SEQUENCE OF
ACTIONS OR OPERATIONS, LEADING TO COMPLIANCE WITH THE PROHIBITION ON
OPEN DUMPING OF SOLID WASTE WITHIN A REASONABLE TIME (NOT TO EXCEED 5
YEARS FROM THE DATE OF PUBLICATION OF THE (INVENTORY UNDER SUBSECTION
(B)).) CRITERIA UNDER SECTION 1008(A)(3)).
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(B) INVENTORY. -- (NOT) TO ASSIST THE STATES IN COMPLYING WITH
SECTION 4003(3), NOT LATER THAN ONE YEAR AFTER PROMULGATION OF
REGULATIONS UNDER SECTION 4004, THE ADMINISTRATOR, WITH THE COOPERATION
OF THE BUREAU OF THE CENSUS SHALL PUBLISH AN INVENTORY OF ALL DISPOSAL
FACILITIES OR SITES IN THE UNITED STATES WHICH ARE OPEN DUMPS WITHIN THE
MEANING OF THIS ACT.
SEC. 4008. (A) AUTHORIZATION OF FEDERAL FINANCIAL ASSISTANCE. -- ((1)
THERE ARE AUTHORIZED TO BE APPROPRIATED $30,000,000 FOR FISCAL YEAR 1978
AND $40,000,000 FOR FISCAL YEAR 1979 FOR PURPOSES OF MAKING GRANTS TO
THE STATES FOR THE DEVELOPMENT AND IMPLEMENTATION OF STATE PLANS UNDER
THIS SUBTITLE.) (1) THERE IS AUTHORIZED TO BE APPROPRIATED $30,000,000
FOR FISCAL YEAR 1978, $40,000,000 FOR FISCAL YEAR 1979, $20,000,000 FOR
FISCAL YEAR 1980, $25,000,000 FOR FISCAL YEAR 1981, AND $30,000,000 FOR
FISCAL YEAR 1982 FOR PURPOSES OF FINANCIAL ASSISTANCE TO STATES AND
LOCAL, REGIONAL, AND INTERSTATE AUTHORITIES FOR THE DEVELOPMENT AND
IMPLEMENTATION OF PLANS APPROVED BY THE ADMINISTRATOR UNDER THIS
SUBTITLE.
(2)(A) * * *
(C) THERE ARE AUTHORIZED TO BE APPROPRIATED $15,000,000 FOR EACH OF
THE FISCAL YEARS 1978 AND 1979 FOR PURPOSES OF THIS SECTION. THERE ARE
AUTHORIZED TO BE APPROPRIATED $13,950,000 FOR FISCAL YEAR 1980,
$15,000,000 FOR FISCAL YEAR 1981, AND $15,000,000 FOR FISCAL YEAR 1982
FOR PURPOSES OF THIS PARAGRAPH.
SEC. 4009. (A) * * *
(D) APPROPRIATIONS. -- THERE ARE AUTHORIZED TO BE APPROPRIATED
$25,000,000 FOR EACH OF THE FISCAL YEARS 1978 AND 1979 TO CARRY OUT THIS
SECTION. THERE ARE AUTHORIZED TO BE APPROPRIATED $15,000,000 FOR EACH
OF THE FISCAL YEARS 1980, 1981, AND 1982 TO CARRY OUT THIS SECTION.
SEC. 5005. THERE ARE AUTHORIZED TO BE APPROPRIATED TO THE SECRETARY
OF COMMERCE $5,000,000 FOR EACH OF FISCAL YEARS 1980, 1981, AND 1982 TO
CARRY OUT THE PURPOSES OF THIS SUBTITLE.
SEC. 6002. (A) APPLICATION OF SECTION. -- EXCEPT AS PROVIDED IN
SUBSECTION (B), A PROCURING AGENCY SHALL COMPLY WITH THE REQUIREMENTS
SET FORTH IN THIS SECTION AND ANY REGULATIONS ISSUED UNDER THIS SECTION,
WITH RESPECT TO ANY PURCHASE OR ACQUISITION OF A PROCUREMENT ITEM WHERE
THE PURCHASE PRICE OF THE ITEM EXCEEDS $10,000 OR WHERE THE QUANTITY OF
SUCH ITEMS OR OF FUNCTIONALLY EQUIVALENT ITEMS PURCHASED OR ACQUIRED IN
THE COURSE OF THE PRECEDING FISCAL YEAR WAS $10,000 OR MORE.
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(B) PROCUREMENT SUBJECT TO OTHER LAW. -- ANY PROCUREMENT, BY ANY
PROCURING AGENCY, WHICH IS SUBJECT TO REGULATIONS OF THE ADMINISTRATOR
UNDER SECTION 6004 (AS PROMULGATED BEFORE THE DATE OF ENACTMENT OF THIS
SECTION UNDER COMPARABLE PROVISIONS OF PRIOR LAW) SHALL NOT BE SUBJECT
TO THE REQUIREMENTS OF THIS SECTION TO THE EXTENT THAT SUCH REQUIREMENTS
ARE INCONSISTENT WITH SUCH REGULATIONS.
(C) REQUIREMENTS. -- (1) (AFTER TWO YEARS AFTER THE DATE OF ENACTMENT
OF THIS SECTION, EACH PROCURING AGENCY SHALL PROCURE ITEMS COMPOSED OF
THE HIGHEST PERCENTAGE OF RECOVERED MATERIALS PRACTICABLE CONSISTENT
WITH MAINTAINING A SATISFACTORY LEVEL OF COMPETITION.) AFTER THE DATE
SPECIFIED IN APPLICABLE GUIDELINES PREPARED PURSUANT TO SUBSECTION (E)
OF THIS SECTION, EACH PROCURING AGENCY WHICH PROCURES ANY ITEMS
DESIGNATED IN SUCH GUIDELINES SHALL PROCURE SUCH ITEMS COMPOSED OF THE
HIGHEST PERCENTAGE OF RECOVERED MATERIALS PRACTICABLE, CONSISTENT WITH
MAINTAINING A SATISFACTORY LEVEL OF COMPETITION, CONSIDERING SUCH
GUIDELINES. THE DECISION NOT TO PROCURE SUCH ITEMS SHALL BE BASED ON A
DETERMINATION THAT SUCH PROCUREMENT ITEMS
(A) ARE NOT REASONABLY AVAILABLE WITHIN A REASONABLE PERIOD OF TIME;
(B) FAIL TO MEET THE PERFORMANCE STANDARDS SET FORTH IN THE
APPLICABLE SPECIFICATIONS OR FAIL TO MEET THE REASONABLE PERFORMANCE
STANDARDS OF THE PROCURING AGENCIES; OR (C) ARE ONLY AVAILABLE AT AN
UNREASONABLE PRICE. ANY DETERMINATION UNDER CLAUSE (B) SHALL BE MADE ON
THE BASIS OF THE GUIDELINES OF THE BUREAU OF STANDARDS IN ANY CASE IN
WHICH SUCH MATERIAL IS COVERED BY SUCH GUIDELINES.
(2) AGENCIES THAT GENERATE HEAT, MECHANICAL, OR ELECTRICAL ENERGY
FROM FOSSIL FUEL IN SYSTEMS THAT HAVE THE TECHNICAL CAPABILITY OF USING
RECOVERED MATERIAL AND (RECOVERED-MATERIAL-DERIVED FUEL) ENERGY OR FUELS
DERIVED FROM SOLID WASTE AS A PRIMARY OR SUPPLEMENTARY FUEL SHALL USE
SUCH CAPABILITY TO THE MAXIMUM EXTENT PRACTICABLE.
(3) AFTER THE DATE SPECIFIED IN ANY APPLICABLE GUIDELINES PREPARED
PURSUANT TO SUBSECTION (E) OF THIS SECTION, CONTRACTING OFFICERS SHALL
REQUIRE THAT (VENDORS CERTIFY THE PERCENTAGE OF THE TOTAL MATERIAL
UTILIZED FOR THE PERFORMANCE OF THE CONTRACT WHICH IS RECOVERED
MATERIALS.)
(A) CERTIFY THAT THE PERCENTAGE OF RECOVERED MATERIALS TO BE USED IN
THE PERFORMANCE OF THE CONTRACT WILL BE AT LEAST THE AMOUNT REQUIRED BY
APPLICABLE SPECIFICATIONS OR OTHER CONTRACTUAL REQUIREMENTS AND
(B) ESTIMATE THE PERCENTAGE OF THE TOTAL MATERIAL UTILIZED FOR THE
PERFORMANCE OF THE CONTRACT WHICH IS RECOVERED MATERIALS.
((D) SPECIFICATIONS. -- (A) ALL FEDERAL AGENCIES THAT HAVE THE
RESPONSIBILITY FOR DRAFTING OR REVIEWING SPECIFICATIONS FOR PROCUREMENT
ITEM PROCURED BY FEDERAL AGENCIES SHALL, IN REVIEWING THOSE
SPECIFICATIONS, ASCERTAIN WHETHER SUCH SPECIFICATIONS VIOLATE THE
PROHIBITIONS CONTAINED IN SUBPARAGRAPHS (A) THROUGH (C) OF PARAGRAPH
(2).
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SUCH REVIEW SHALL BE UNDERTAKEN NOT LATER THAN EIGHTEEN MONTHS AFTER
THE DATE OF ENACTMENT OF THIS SECTION.
(2) IN DRAFTING OR REVISING SUCH SPECIFICATIONS, AFTER THE DATE OF
ENACTMENT OF THIS SECTION
(A) ANY EXCLUSION OF RECOVERED MATERIALS SHALL BE ELIMINATED;
(B) SUCH SPECIFICATION SHALL NOT REQUIRE THE ITEM TO BE MANUFACTURED
FROM VIRGIN MATERIALS; AND
(C) SUCH SPECIFICATIONS SHALL REQUIRE RECLAIMED MATERIALS TO THE
MAXIMUM EXTENT POSSIBLE WITHOUT JEOPARDIZING THE INTENDED END USE OF THE
ITEM.)
(D) SPECIFICATIONS. -- ALL FEDERAL AGENCIES THAT HAVE THE
RESPONSBILITY FOR DRAFTING OR REVIEWING SPECIFICATIONS FOR PROCUREMENT
ITEMS PROCURED BY FEDERAL AGENCIES SHALL
(A) AS EXPEDITIOUSLY AS POSSIBLE BUT IN ANY EVENT NO LATER THAN FIVE
YEARS AFTER THE DATE OF ENACTMENT OF THIS ACT, ELIMINATE FROM SUCH
SPECIFICATIONS
(A) ANY EXCLUSION OF RECOVERED MATERIALS AND
(B) ANY REQUIREMENT THAT ITEMS BE MANUFACTURED FROM VIRGIN MATERIALS
AND
(2) WITHIN ONE YEAR AFTER THE DATE OF PUBLICATION OF APPLICABLE
GUIDELINES UNDER SUBSECTION (E), OR AS OTHERWISE SPECIFIED IN SUCH
GUIDELINES, ASSURE THAT SUCH SPECIFICATIONS REQUIRE THE USE OF RECOVERED
MATERIALS TO THE MAXIMUM EXTENT POSSIBLE WITHOUT JEOPARDIZING THE
INTENDED END USE OF THE ITEM.
(C) GUIDELINES. -- THE ADMINISTRATOR, AFTER CONSULTATION WITH THE
ADMINISTRATOR OF GENERAL SERVICES, THE SECRETARY OF COMMERCE (ACTING
THROUGH THE BUREAU OF STANDARDS), AND THE PUBLIC PRINTER, SHALL PREPARE,
AND FROM TIME TO TIME REVISE, GUIDELINES FOR THE USE OF PROCURING
AGENCIES IN COMPLYING WITH THE REQUIREMENTS OF THIS SECTION. (SUCH
GUIDELINES SHALL SET FORTH RECOMMENDED PRACTICES WITH RESPECT TO THE
PROCUREMENT OF RECOVERED MATERIALS AND ITEMS CONTAINING SUCH MATERIALS
AND WITH RESPECT TO CERTIFICATION BY VENDORS OF THE PERCENTAGE OF
RECOVERED MATERIALS USED, AND SHALL PROVIDE INFORMATION AS TO THE
AVAILABILITY, SOURCES OF SUPPLY, AND POTENTIAL USES OF SUCH MATERIALS
AND ITEMS.)
SUCH GUIDELINES SHALL
(1) DESIGNATE THOSE ITEMS WHICH ARE OR CAN BE PRODUCED WITH RECOVERED
MATERIALS AND WHOSE PROCUREMENT BY PROCURING AGENCIES WILL CARRY OUT THE
OBJECTIVES OF THIS SECTION. IN MAKING THIS DETERMINATION, THE
ADMINISTRATOR SHALL CONSIDER, BUT IS NOT LIMITED IN HIS CONSIDERATIONS,
TO:
(A) THE AVAILABILITY OF SUCH ITESM;
(B) THE IMPACT OF THE PROCUREMENT OF SUCH ITEMS BY PROCURING AGENCIE
ON THE VOLUME OF SOLID WASTE WHICH MUST BE TREATED, STORED OR DISPOSED
OF;
(C) THE ECONOMIC AND TECHNOLOGICAL FEASIBILITY OF PRODUCING AND USING
SUCH ITEMS; AND
(D) OTHER USES FOR SUCH RECOVERED MATERIALS.
(2) SET FORTH RECOMMENDED PRACTICES WITH RESPECT TO THE PROCUREMENT
OF RECOVERED MATERIALS AND ITEMS CONTAINING SUCH MATERIALS AND WITH
RESPECT TO CERTIFICATION BY VENDORS OF THE PERCENTAGE OF RECOVERED
MATERIALS USED, AND SHALL PROVIDE INFORMATION AS TO THE AVAILABILITY,
RELATIVE COST, AND PERFORMANCE OF SUCH MATERIALS AND ITEMS AND WHERE
APPROPRIATE SHALL RECOMMEND THE LEVEL OF RECOVERED MATERIAL TO BE
CONTAINED IN THE PROCURED PRODUCT.
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THE ADMINISTRATOR SHALL PREPARE FINAL GUIDELINES FOR AT LEAST THREE
PRODUCT CATEGORIES, INCLUDING PAPER, BY SEPTEMBER 30, 1980, AND FOR TWO
ADDITIONAL PRODUCT CATEGORIES, INCLUDING CONSTRUCTION MATERIALS, BY
SEPTEMBER 30, 1982.
(F) PROCUREMENT OF SERVICES. -- A PROCURING AGENCY SHALL, TO THE
MAXIMUM EXTENT PRACTICABLE, MANAGE OR ARRANGE FOR THE PROCUREMENT OF
SOLID WASTE MANAGEMENT SERVICES IN A MANNER WHICH MAXIMIZES ENERGY AND
RESOURCE RECOVERY.
(G) EXECUTIVE OFFICE. -- THE OFFICE OF PROCUREMENT POLICY IN THE
EXECUTIVE OFFICE OF THE PRESIDENT, IN COOPERATION WITH THE
ADMINISTRATOR, SHALL IMPLEMENT THE POLICY EXPRESSED IN THIS SECTION. IT
SHALL BE THE RESPONSIBILITY OF THE OFFICE OF PROCUREMENT POLCIY TO
COORDINATE THIS POLICY WITH OTHER POLICIES FOR FEDERAL PROCUREMENT, IN
SUCH A WAY AS TO MAXIMIZE THE USE OF RECOVERED RESOURCES, AND TO
ANNUALLY REPORT TO THE CONGRESS ON ACTIONS TAKEN BY FEDERAL AGENCIES AND
THE PROGRESS MADE IN THE IMPLEMENTATION OF SUCH POLICY.
SEC. 7003. NOT WITHSTANDING ANY OTHER PROVISION OF THIS ACT, UPON
RECEIPT OF EVIDENCE THAT THE HANDLING, STORAGE, TREATMENT,
TRANSPORTATION OF DISPOSAL OF ANY SOLID WASTE OR HAZARDOUS WASTE IS
PRESENTING (AN IMMINENT AND) A SUBSTANTIAL ENDANGERMENT TO HEALTH AND OR
THE ENVIRONMENT, THE ADMINISTRATOR MAY BRING SUIT ON BEHALF OF THE
UNITED STATES IN THE APPROPRIATE DISTRICT COURT TO IMMEDIATELY RESTRAIN
ANY PERSON CONTRIBUTING TO (THE ALLEGED DISPOSAL)) SUCH HANDLING,
STORAGE, TREATMENT, TRANSPORTATION, OR DISPOSAL TO STOP SUCH HANDLING,
STORAGE, TREATMENT, TRANSPORTATION, OR DISPOSAL OR TO TAKE SUCH OTHER
ACTION AS MAY BE NECESSARY. THE ADMINISTRATOR SHALL PROVIDE NOTICE TO
THE AFFECTED STATE OF ANY SUCH SUIT.
SEC. 7006. (A) ANY JUDICIAL REVIEW OF FINAL REGULATIONS PROMULGATED
PURSUANT TO THIS ACT AND THE ADMINISTRATOR"S DENIAL OF ANY PETITION FOR
THE PROMULGATION, AMENDMENT, OR REPEAL OF ANY REGULATION UNDER THIS ACT
SHALL BE IN ACCORDANCE WITH SECTIONS 701 THROUGH 706 OF TITLE 5 OF THE
UNITED STATES CODE, EXCEPT THAT
(1) A PETITION FOR REVIEW OF ACTION OF THE ADMINISTRATOR IN
PROMULGATING ANY REGULATION, OR REQUIREMENT UNDER THIS ACT OR DENYING
ANY PETITION FOR THE PROMULGATION, AMENDMENT OR REPEAL OF ANY REGULATION
UNDER THIS ACT MAY BE FILED ONLY IN THE UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA. ANY SUCH PETITION SHALL BE FILED WITHIN
NINETY DAYS FROM THE DATE OF SUCH PROMULGATION OR DENIAL OR AFTER SUCH
DATE IF SUCH PETITION FOR REVIEW IS BASED SOLELY ON GROUNDS ARISING
AFTER SUCH NINETIETH DAY. ACTION OF THE ADMINISTRATOR WITH RESPECT TO
WHICH REVIEW COULD HAVE BEEN OBTAINED UNDER THIS SUBSECTION SHALL NOT BE
SUBJECT TO JUDICIAL REVIEW IN CIVIL OR CRIMINAL PROCEEDING FOR
ENFORCEMENT; AND
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(2) IN ANY JUDICIAL PROCEEDING BROUGHT UNDER THIS SECTION WHICH
REVIEW IS SOUGHT OF A DETERMINATION UNDER THIS ACT REQUIRED TO BE MADE
ON THE RECORD AFTER NOTICE AND OPPORTUNITY FOR HEARING, IF A PARTY
SEEKING REVIEW UNDER THIS ACT APPLIES TO THE COURT FOR LEAVE TO ADDUCE
ADDITIONAL EVIDENCE, AND SHOWS TO THE SATISFACTION OF THE COURT THAT THE
INFORMATION IS MATERIAL AND THAT THERE WERE REASONABLE GROUNDS FOR THE
FAILURE TO ADDUCE SUCH EVIDENCE IN THE PROCEEDING BEFORE THE
ADMINISTRATOR, THE COURT MAY ORDER SUCH ADDITIONAL EVIDENCE (AND
EVIDENCE IN REBUTTAL THEREOF) TO BE TAKEN BEFORE THE ADMINSTRATOR, AND
TO BE ADDUCED UPON THE HEARING IN SUCH MANNER AND UPON SUCH TERMS AND
CONDITIONS AS THE COURT MAY DEEM PROPER. THE ADMINISTRATOR MAY MODIFY
HIS FINDINGS AS TO THE FACTS, OR MAKE NEW FINDINGS, BY REASON OF THE
ADDITIONAL EVIDENCE SO TAKEN, AND HE SHALL FILE WITH THE COURT SUCH
MODIFIED OR NEW FINDINGS AND HIS RECOMMENDATION, IF ANY, FOR THE
MODIFICATION OR SETTING ASIDE OF HIS ORIGINAL ORDER, WITH THE RETURN OF
SUCH ADDITIONAL EVIDENCE.
(B) REVIEW OF THE ADMINISTRATOR'S ACTION (1) IS ISSUING, DENYING,
MODIFYING OR REVOKING ANY PERMIT UNDER SECTION 3005 AND (2) IN GRANTING,
DENYING OR WITHDRAWING AUTHORIZATION OR INTERIM AUTHORIZATION UNDER
SECTION 3006, MAY BE HAD BY ANY INTERESTED PERSON IN THE CIRCUIT COURT
OF APPEALS OF THE UNITED STATES FOR THE FEDERAL JUDICIAL DISTRICT IN
WHICH SUCH PERSON RESIDES OR TRANSACTS SUCH BUSINESS UPON APPLICATION BY
SUCH PERSON. ANY SUCH APPLICATION SHALL BE MADE WITHIN NINETY DAYS FROM
THE DATE OF SUCH ISSUANCE, DENIAL, MODIFICATION, REVOCATION, GRANT OR
WITHDRAWAL, OR AFTER SUCH DATE ONLY IF SUCH APPLICATION IS BASED SOLELY
ON GROUNDS WHICH AROSE AFTER SUCH NINETIETH DAY. SUCH REVIEW SHALL BE
IN ACCORDANCE WITH SECTIONS 701 THROUGH 706 OF TITLE 5 OF THE UNITED
STATES CODE.
SEC. 7010. IN CARRYING OUT THIS ACT, THE ADMINISTRATOR MAY BE SUBPENA
REQUIRE SUCH ATTENDANCE AND TESTIMONY OF WITNESSES AND PRODUCTION OF
REPORTS, PAPERS, DOCUMENTS, ANSWERS TO QUESTIONS AND OTHER INFORMATION
AS THE ADMINISTRATOR DEEMS NECESSARY. WITNESSES SHALL BE PAID THE SAME
FEES AND MILEAGE THAT ARE PAID TO WITNESSES IN COURTS OF THE UNITED
STATES. IN THE EVENT OF CONTUMACY, FAILURE OR REFUSAL OF ANY PERSON TO
OBEY SUCH SUBPENAS, ANY DISTRICT COURT OF THE UNITED STATES IN WHICH
VENUE IS PROPER SHALL HAVE JURISDICTION TO ORDER ANY SUCH PERSON TO
COMPLY WITH SUCH SUBPENA. ANY FAILURE TO OBEY SUCH AN ORDER OF THE
COURT IS PUNISHABLE BY THE COURT AS A CONTEMPT THEREOF.
DEMONSTRATIONS
SEC. 8002. (A) * * *
(N) DRILLING FLUIDS, PRODUCED WATERS, AND OTHER WASTES ASSOCIATED
WITH THE EXPLORATION, DEVELOPMENT, OR PRODUCTION OF CRUDE OIL OR NATURAL
GAS. -- (1) THE ADMINISTRATOR SHALL CONDUCT A DETAILED AND COMPREHENSIVE
STUDY AND SUBMIT A REPORT ON THE ADVERSE EFFECTS, IF ANY, OF DRILLING
FLUIDS, PRODUCED WATERS, AND OTHER WASTES ASSOCIATED WITH THE
EXPLORATION, DEVELOPMENT, OR PRODUCTION OF CRUDE OIL OR NATURAL GAS ON
THE ENVIRONMENT, INCLUDING, BUT NOT LIMITED TO, THE EFFECTS OF SUCH
WASTES ON HUMANS, WATER, AIR, HEALTH, WELFARE, AND NATURAL RESOURCES AND
ON THE ADEQUACY OF MEANS AND MEASURES CURRENTLY EMPLOYED BY THE OIL AND
GAS DRILLING AND PRODUCTION INDUSTRY.
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GOVERNMENT AGENCIES, AND OTHERS TO DISPOSE OF AND UTILIZE SUCH WASTES
AND TO PREVENT OR SUBSTANTIALLY MITIGATE SUCH ADVERSE EFFECTS. SUCH
STUDY SHALL INCLUDE AN ANALYSIS OF
(A) THE SOURCES AND VOLUME OF DISCARDED MATERIAL GENERATED PER YEAR
FROM SUCH WASTES;
(B) PRESENT DISPOSAL PRACTICES;
(C) POTENTIAL DANGER TO HUMAN HEALTH AND THE ENVIRONMENT FROM THE
SURFACE RUNOFF OR LEACHATE;
(D) DOCUMENTED CASES WHICH PROVE OR HAVE CAUSED DANGER TO HUMAN
HEALTH AND THE ENVIRONMENT FROM SURFACE RUNOFF OR LEACHATE; (E)
ALTERNATIVES TO CURRENT DISPOSAL METHODS; (F) THE COST OF THE SUCH
ALTERNATIVES; AND (G) THE IMPACT OF THOSE ALTERNATIVES ON THE
EXPLORATION, DEVELOPMENT, AND PRODUCTION OF CRUDE OIL AND NATURAL GAS.
IN FURTHERANCE OF THIS STUDY, THE ADMINISTRATOR SHALL, AS HE DEEMS
APPROPRIATE, REVIEW STUDIES AND OTHER ACTIONS OF OTHER FEDERAL AGENCIES
CONCERNING SUCH WASTES WITH A VIEW TOWARD AVOIDING DUPLICATION OF EFFORT
AND THE NEED TO EXPEDITE SUCH STUDY. THE ADMINISTRATOR SHALL PUBLISH A
REPORT OF SUCH STUDY AND SHALL INCLUDE APPROPRIATE FINDINGS AND
RECOMMENDATIONS FOR FEDERAL AND NON-FEDERAL ACTIONS CONCERNING SUCH
EFFECTS.
(2) THE ADMINISTRATOR SHALL COMPLETE THE RESEARCH AND STUDY AND
SUBMIT THE REPORT REQUIRED UNDER PARAGRAPH (1) NOT LATER THAN
TWENTY-FOUR MONTHS FROM THE DATE OF ENACTMENT OF THE SOLID WASTE
DISPOSAL ACT AMENDMENTS OF 1979. UPON COMPLETION OF THE STUDY, THE
ADMINISTRATOR SHALL PREPARE A SUMMARY OF THE FINDINGS OF THE STUDY, PLAN
FOR RESEARCH, DEVELOPMENT, AND DEMONSTRATION RESPECTING THE FINDINGS OF
THE STUDY, AND SHALL BUBMIT THE FINDINGS AND THE STUDY, ALONG WITH ANY
RECOMMENDATIONS RESULTING FROM SUCH STUDY, TO THE COMMITTEE ON
ENVIRONMENT AND PUBLIC WORKS OF THE UNITED STATES SENATE AND THE
COMMITTEE ON INTERSTATE AND FOREIGH COMMERCE OF THE UNITED STATES HOUSE
OF REPRESENTATIVES.
SENATE REPORT NUMBER 96-172, AMENDING THE SOLID WASTE DISPOSAL ACT, REPORT TO ACCOMPANY S 1156, NINETY-SIXTH CONGRESS, FIRST SESSION
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SEC. 3. (A) * * *
(B) THE PRESIDENT SHALL SUBMIT A REPORT OF THE RESULTS TOGETHER WITH
APPROPRIATE SUPPORTING DATA AND SUCH RECOMMENDATIONS AS HE DEEMS
DESIRABLE TO THE COMMITTEE ON PUBLIC WORKS OF THE SENATE AND TO THE
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE OF THE HOUSE OF
REPRESENTATIVES NOT LATER THAN ONE YEAR AFTER THE ENACTMENT OF (THE
SOLID WASTE UTILIZATION ACT OF 1976) THIS ACT. THE PRESIDENT SHALL ALSO
SUBMIT, WITHIN SIX MONTHS AFTER THE STUDY HAS BEEN SUBMITTED TO THE
COMMITTEES, RECOMMENDED ADMINISTRATIVE ACTIONS, PROCEDURES, AND NEEDED
LEGISLATION TO IMPLEMENT SUCH PROCEDURES AND RECOMMENDATIONS OF THE
STUDY.
PART 1
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PART 1
HAZARDOUS WASTE DISPOSAL
HEARINGS BEFORE THE OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE HOUSE OF REPRESENTATIVES NINETY-SIXTH CONGRESS FIRST SESSION SERIAL NO. 96-48
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/1/ EX OFFICIO '
HARLEY O. STAGGERS, WEST VIRGINIA, CHAIRMAN JOHN D. DINGELL, MICHIGAN
LIONEL VAN DEERLIN, CALIFORNIA JOHN M. MURPHY, NEW YORK DAVID E.
SATTERFIELD III, VIRGINIA BOB ECKHARDT, TEXAS RICHARDSON PREYER, NORTH
CAROLINA JAMES H. SCHEUER, NEW YORK RICHARD L. OTTINGER, NEW YORK HENRY
A. WAXMAN, CALIFORNIA TIMOTHY E. WIRTH, COLORADO PHILIP R. SHARP,
INDIANA JAMES J. FLORIO, NEW JERSEY ANTHONY TOBY MOFFETT, CONNECTICUT
JIM SANTINI, NEVADA ANDREW MAGUIRE, NEW JERSEY MARTY RUSSO, ILLINOIS
EDWARD. J. MARKEY, MASSACHUSETTS THOMAS A. LUKEN, OHIO DOUG WALGREN,
PENNSYLVANIA ALBERT GORE, JR., TENNESSEE BARBARA A. MIKULSKI, MARYLAND
RONALD M. MOTTL, OHIO PHIL GRAMM, TEXAS AL SWIFT, WASHINGTON MICKEY
LELAND, TEXAS RICHARD C. SHELBY, ALABAMA SAMUEL L. DEVINE, OHIO JAMES T.
BROYHILL, NORTH CAROLINA TIM LEE CARTER, KENTUCKY CLARENCE J. BROWN,
OHIO JAMES M. COLLINS, TEXAS NORMAN F. LENT, NEW YORK EDWARD R. MADIGAN,
ILLINOIS CARLOS J. MOORHEAD, CALIFORNIA MATTHEW J. RINALDO, NEW JERSEY
DAVE STOCKMAN, MICHIGAN MARC L. MARKS, PENNSYLVANIA TOM CORCORAN,
ILLINOIS GARY A. LEE, NEW YORK TOM LOEFFLER, TEXAS WILLIAM E.
DANNEMEYER, CALIFORNIA W. E. WILLIAMSON, CHIEF CLERK AND STAFF DIRECTOR
KENNETH J. PAINTER, FIRST ASSISTANT CLERK ELEANOR A. DINKINS, ASSISTANT
CLERK WILLIAM L. BURNS, PRINTING EDITOR
BOB ECKHARDT, TEXAS CHAIRMAN JIM SANTINI, NEVADA ALBERT GORE, JR.,
TENNESSEE PHILIP R. SHARP, INDIANA ANTHONY TOBY MOFFETT, CONNECTICUT
ANDEREW MAGUIRE, NEW JERSEY MARTY RUSSO, ILLINOIS DOUG WALGREN,
PENNSYLVANIA RONALD M. MOTTL, OHIO MICKEY LELAND, TEXAS TIMOTHY E.
WIRTH, COLORADO HARLEY O. STAGGERS, WEST VIRGINIA NORMAN F. LENT, NEW
YORK MATTHEW J. RINALDO, NEW JERSEY MARC L. MARKS, PENNSYLVANIA TOM
CORCORAN, ILLINOIS WILLIAM E. DANNEMEYER, CALIFORNIA SAMUEL L. DEVINE,
OHIO /1/
PART 1
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MARK J. RAABE, STAFF DIRECTOR/CHIEF COUNSEL LESTER BROWN, SPECIAL
ASSISTANT BEN SMETHURST, SPECIAL ASSISTANT HELEN CLAIRE WHITNEY,
MINORITY STAFF ASSISTANT
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THE SUBCOMMITTEE MET, PURSUANT TO NOTICE, AT 10 A.M. IN ROOM 2325,
RAYBURN HOUSE OFFICE BUILDING, HON. BOB ECKHARDT, CHAIRMAN, PRESIDING.
MR. ECKHARDT. THE SUBCOMMITTEE WILL COME TO ORDER.
TODAY THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS RESUMES
HEARINGS BEGUN LAST OCTOBER INTO THE ENORMOUS PROBLEM INVOLVING THE
DISPOSAL OFHAZARDOUS WASTE MATERIALS. SOME IDEA OF THE POTENTIAL
MAGNITUDE OF THE PROBLEM CAN BE GAINED BY FIGURES WASTES ARE GENERATED
EACH YEAR. THE ENVIRONMENTAL PROTECTION AGENCY ESTIMATES THAT 90
PERCENT OFHAZARDOUS WASTE PRODUCTS ARE DISPOSED OF IN A MANNER WHICH MAY
BE DETRIMENTAL TO GOOD HEALTH AND THE ENVIRONMENT.
IT IS CLEAR THAT THE CONSEQUENCES OF IMPROPER DISPOSAL PRACTICES OVER
THE YEARS WILL BE VERY COSTLY. AND THIS IS ALREADY EVIDENT EVEN THOUGH
WE JUST HAVE BEGUN TO COMPREHEND THE ENORMITY OF OUR PAST MISTAKES.
CONGRESS RECOGNIZED THE HAZARDOUS WASTE PROBLEM IN 1976 WHEN IT
PASSED THE RESOURCE CONSERVATION AND RECOVERY ACT -- 42 U.S.C 6901 ET
SEQ. THIS ACT DIRECTED THE ENVIRONMENTAL PROTECTION AGENCY TO DEVELOP A
HAZARDOUS WASTE PROGRAM WHICH INCLUDED THE PROMULGATION OF REGULATIONS
GOVERNING THEPROPER DISPOSAL OF DANGEROUS MATERIALS.
AT ITS OCTOBER HEARINGS, HELD TO REVIEW EPA'S PROGRESS IN
IMPLEMENTING THIS LEGISLATION, THE SUBCOMMITTEE FOUND THAT THE AGENCY
WOULD BE MORE THAN 18 MONTHS LATE IN PROMULGATING THE MANDATED
REGULATIONS. INSTEAD OF APRIL 1978, THE REGULATIONS ARE NOW EXPECTED IN
JANUARY OF 1980. MOREOVER, THE SUBCOMMITTEE LEARNED THAT THE EPA HAD
BEEN LAX IN RESPONDING TO IDENTIFIED SITUATIONS OF IMPROPER WASTE
DISPOSAL WHICH POSED IMMINENT HEALTH HAZARDS TO THE PUBLIC.
ANOTHER DIFFICULTY WAS ALSO UNCOVERED. IT WAS DETERMINED THAT THERE
ARE SERIOUS DEFICIENCIES IN THE EXISTING LAW. FOR EXAMPLE, INACTIVE OR
ABANDONED DUMP SITES ARE NOT ADDRESSED IN THE RESOURCES CONSERVATION AND
RECOVERY ACT. THUS, COMPLICATED QUESTIONS REMAIN UNRESOLVED WITH
RESPECT TO SUCH MATTERS AS CLEANUP RESPONSIBILITY AND LIABILITY. AND
THE ISSUE IS FURTHER COMPOUNDED BY THE FACT THAT NEITHER EPA NOR ANY
OTHER AGENCY HAS ANY RELIABLE FIGURES EVEN APPROXIMATING THE NUMBER OF
THESE POTENTIALLY DANGEROUS SITES THAT EXIST.
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IN SHORT, HOW MANY OTHERPAST DUMP SITES ARE TIME BOMBS OF HAZARDOUS
MATERIALS TICKING TOWARD CATASTROPHIC HEALTH AND PROPERTY DAMAGE? AND
WHAT IS THE BEST WAY TO PERMANENTLY DEFUSE THEM?
AS WE CONTINUE OUR INVESTIGATION INTO HAZARDOUS WASTE DISPOSAL, WE
WILL ATTEMPT TO FURTHER DETERMINE THE SCOPE OF THE PROBLEM AND THE
MANNER IN WHICH GOVERNMENTAL AUTHORITIES ARE DEALING WITH IT. IN THIS
WAY, WE WILL BE ABLE TO IDENTIFY SPECIFIC INADEQUACIES IN THE LAW AND
RECOMMEND APPROPRIATE LEGISLATIVE ADJUSTMENTS. TO THIS END, AND
THROUGHOUT OUR INVESTIGATION, WE INTEND TO WORK CLOSELY WITH OUR
COMMITTEE'S SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE, WHICH HAS
LEGISLATIVE RESPONSIBILITY IN THIS AREA. THE DISTINGUISHED CHAIRMAN OF
THAT SUBCOMMITTEE, JAMES J. FLORIO OF NEW JERSEY, WILL BE OUR FIRST
WITNESS TODAY. WE WILL THEN EXAMINE CERTAIN DUMP SITE PROBLEMS IN THE
NIAGARA FALLS AREA AND HEAR FROM NEW YORK OFFICIALS WHO HAVE DEALT WITH
THEM.
TOMORROW, AND IN THE NEXT FEW WEEKS, THE SUBCOMMITTEE WILL LOOK AT
ADDITIONAL PROBLEM SITES. INCLUDED AMONG THOSE WHO WILL GIVE TESTIMONY
WILL BE REPRESENTATIVES OF INDUSTRY, STATE, AND LOCAL AUTHORITIES, AND
FINALLY, OF COURSE, OFFICIALS OF THE EPA. I MIGHT ADD THAT TOMORROW WE
WILL BE PRIVILEGED TO HEAR FROM GOVERNOR CARROLL OF THE STATE OF
KENTUCKY.
AT THE CONCLUSION OF OUR INQUIRY, THE SUBCOMMITTEE WILL ISSUE A
REPORT SETTING FORTH ITS FINDINGS AND RECOMMENDATIONS.
AT THIS TIME WE WILL COMMENCE WITH A SERIES OF HEARINGS.
REPRESENTATIVE FLORIO, WE HAVE ALWAYS HAD THE CUSTOM OF SWEARING
WITNESSES BEFORE THIS COMMITTEE, I AM SURE YOU WILL NOT OBJECT TO DOING
THE SAME AS OTHER WITNESSES.
DO YOU SOLEMNLY SWEAR THAT THE TESTIMONY YOU ARE ABOUT TO GIVE
CONTAINS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP
YOU GOD?
MR. FLORIO. I DO.
MR. ECKHARDT. WE ARE VERY PLEASED TO HAVE YOU HERE. WE RECOGNIZE
WHATEVER RECOMMENDATIONS WE MAKE WILL BE PLACED AT THE DISCRETION OF
YOUR VERY IMPORTANT SUBCOMMITTEE.
YOU MAY PROCEED.
MR. FLORIO. THANK YOU VERY MUCH, MR. CHAIRMAN. MEMBERS OF THE
COMMITTEE TO DEAL WITH WHAT I REGARD AS ONE OF THE MOST IMPORTANT
SUBJECTS WITH WHICH THIS CONGRESS WILL BE DEALING DURING THE COURSE OF
THIS YEAR. THE ISSUE OF HAZARDOUS WASTE HAS BEEN THE "SLEEPING GIANT"
OF THE ENVIRONMENTAL FIELD. BUT THE GIANT HAS NOW AWAKENED ABRUPTLY,
LARGELY IN RESPONSE TO CASES LIKE THE LOVE CANAL SITUATION, AND IT IS
IMPERATIVE THAT THE CONGRESS ADDRESS THE ISSUE SQUARELY, RESPONSIVELY,
AND AS EXPEDITIOUSLY AS POSSIBLE.
IT IS CLEAR THAT SUCH TRAGIC CASES, AS THE LOVE CANAL IN NEW YORK AND
VALLEY OF DRUMS IN KENTUCKY ARE, UNFORTUNATELY, ONLY THE PROVERBIAL TIP
OF THE ICEBERG. THE MAGNITUDE OF THE PROBLEM IS GRADUALLY COMING INTO
FOCUS AND THERE IS EVIDENCE THAT MANY, MANY OTHER POTENTIAL "LOVE
CANALS" ARE SCATTERED THROUGHOUT OUR NATION.
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ALTHOUGH A THOROUGH INVENTORY TO DETERMINE THE EXACT NUMBER OF
ABANDONED HAZARDOUS SITES IS NEEDED, SOME EXPERTS BELIEVE THERE ARE AS
MANY AS 30,000 POTENTIAL SITES. EPA'S MOST CONSERVATIVE ESTIMATE
CONCEDED THAT THERE ARE PROBABLY AT LEAST "SEVERAL HUNDRED" SITES WHERE
CHEMICALS AND OTHER HAZARDOUS WASTES HAVE BEEN DISPOSED OF IMPROPERLY.
LAST MONTH I PERSONALLY VISITED THE NOTORIOUS VALLEY OF THE DRUMS
REGION OF KENTUCKY, SPREAD OVER A THREE-COUNTY AREA, WHERE THERE ARE AT
LEAST 100,000 TO 200,000 DRUMS OF HAZARDOUS WASTE LEAKING THEIR TOXIC
CONTENTS INTO SURFACE AND GROUNDWATER SUPPLIES. IT WAS A SHOCKING AND
HORRIFYING DOSE OF REALITY TO SEE FIRSTHAND THE CONSEQUENCES OF
CARELESS, IRRESPONSIBLE DISPOSAL OFHAZARDOUS WASTE. THIS WAS TRULY THE
ULTIMATE OBSCENITY IN TERMS OF DISREGARD OF THE ENVIRONMENT AND
DISREGARD OF THE PUBLIC SAFETY.
IN MY OWN STATE OF NEW JERSEY THE JUSTICE DEPARTMENT RECENTLY FILED A
69-COUNT COMPLAIN AGAINST THE OWNERS AND OPERATORS OF THE KIN-BUC
LANDFILL IN EDISON, N.J. AS YOU MAY KNOW, THE CASE INVOLVES THE
IMPROPER DISPSAL OF TOXIC CHEMICAL WASTES INTO THE RARITAN RIVER AND
GROUNDWATER DRINKING SUPPLY SYSTEMS. I AM DEEPLY CONCERNED ABOUT
POSSIBLE OTHER UNDISCOVERED ABANDONED AND INACTIVE HAZARDOUS WASTE SITES
IN MY STATE AND ACROSS THE
IT IS IMPORTANT TO CLARIFY THE PERIMETERS OF CURRENT LAW AS WE
DISCUSS PROPOSED LEGISLATION. THE TRANSPORTATION AND COMMERCE
SUBCOMMITTEE, WHICH I CHAIR, HAS JURISDICTION OVER THE RESOURCE
CONSERVATION AND RECOVERY ACT OF 1976. ON MARCH 27 AND 28 MY
SUBCOMMITTEE WILL HOLD HEARINGS ONTE REAUTHORIZATION OF RCRA. HOWEVER,
IT SHOULD BE NOTED THAT RCRA IS DIRECTED AT EXISTING AND FUTURE
HAZARDOUS WASTE MANAGEMENT ACTIVITIES. IT GIVES EPA ONLY SOME VERY
LIMITED ENFORCEMENT ACTION FOR INACTIVE SITES. RCRA DOES NOT
EFFECTIVELY ADDRESS THE QUESTION OF ABANDONED SITES.
THE TRANSPORTATION AND COMMERCE SUBCOMMITTEE WILL HOLD HEARINGS AND
ADDRESS THE ISSUE OF ABANDONED AND INACTIVE SITES THIS SESSION. I CAN
ASSURE YOU THAT THE SUBCOMMITTEE WILL UNDERTAKE A CAREFUL AND THOROUGH
STUDY OF THE POTENTIAL OPTIONS FOR ACTION. AS A RESULT OF THIS REVIEW,
I INTEND TO INTRODUCE LEGISLATION WHICH I HOPE WILL EMBODY AN EFFECTIVE
AND RATIONAL PROPOSAL FOR DEALING WITH THE PROBLEM.
THE MAJOR QUESTION WE WILL FACE AS WE LOOK AT THE ABANDONED AND
INACTIVE SITE PROBLEM IS HOW TO FIND THE RESOURCES TO PROVIDE A REMEDY.
BOTH THE LOVE CANAL AND THE VALLEY OF DRUMS CASES ARE BEING HANDLED
THROUGH SPECIAL APPROPRIATIONS. TO DATE THE COSTS FOR BOTH THESE SITES
IS APPROXIMATELY $35 MILLION. SIMPLE MATHEMATICS TELLS US THAT THE
COSTS OF CLEANING UP THESE HUNDREDS, PERHAPS THOUSANDS OF OTHER
POTENTIALLY HAZARDOUS ABANDONED SITES AROUND THE NATION WILL BE
ASTRONOMICAL.
ONE IDEA WHICH I BELIEVE HAS GREAT MERIT IS THE CONCEPT OF A SUPER
TRUST FUND. THIS FUND WOULD BE PART OF A LIABILITY AND COMPENSATION
BILL WHICH WOULD SEEK TO INTERNALIZE THE RISKS ASSOCIATED WITH THE
MANAGEMENT OF HAZARDOUS SUBSTANCES BY FIXING LIABILITY WHERE POSSIBLE ON
ILLEGAL DISCHARGES AND REQUIRING CONTRIBUTIONS TO A COMPENSATION FUND BY
ALL PRODUCERS OF SUCH MATERIALS.
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IRONICALLY ENOUGH -- AND THIS MAY COME AS A SURPRISE -- I HAVE THROWN
THIS PROPOSAL OUT TO THE INDUSTRY, IN PARTICULAR THE CHEMICAL INDUSTRY,
AND THERE HAS NOT BEEN THE UNEQUIVOCAL, IF WE ARE TALKING ABOUT
ASSESSING THE CHEMICAL INDUSTRY AND THE PRODUCERS OF HAZARDOUS MATERIALS
SO AS TO PROVIDE FOR A CLEANUP FUND. HOWEVER, I AM SURE THAT AS WE COME
TO TALK ABOUT SPECIFICS THERE WILL NOT BE TOTAL UNIFORMITY IN TERMS OF
THE RESPONSE FROM THE INDUSTRY. BUT I THINK IT IS IMPORTANT TO NOTE
THAT THE INDUSTRY DOES NOT REJECT OUT OF HAND ITS SOCIAL RESPONSIBILITY
TO DEAL WITH THE CLEANUP COSTS THAT ARE ASSOCIATED WITH THESE TYPES OF
SITES.
AT THIS POINT I AM INCLINED TO SUPPORT THE CREATION OF A FUND TO BE
USED FOR THE FOLLOWING PURPOSES:
ONE, IMMEDIATE CLEANUP AND MITIGATION OF POSSIBLE FURTHER DAMAGE;
TWO, PERMANENT REMEDY; THREE, THE RESTORATION OF NATURAL RESOURCES;
AND, FOUR, POSSIBLY, COMPENSATION TO THIRD PARTIES FOR BOTH PROPERTY AND
PERSONAL INJURY.
MY EXPERIENCE IN WITNESSING THE OBSCENE CONDITIONS IN THE VALLEY OF
DRUMS AREA HAS REAFFIRMED BY COMMITMENT TO SEEK LEGISLATION IN THIS
CONGRESS WHICH WILL ADDRESS THE PROBLEM OF THE PRESENCE OF HUNDREDS,
PERHAPS THOUSANDS, OF ABANDONED AND INACTIVE HAZARDOUS DISPOSAL SITES ON
A NATIONWIDE BASIS.
PERHAPS THE MOST DIFFICULT LONG-TERM PROBLEM WE MUST FACE WILL BE IN
CHOOSING FUTURE SITES FOR THE PROPER MANAGEMENT OF THESE WASTES.
CITIZENS IN GROWING NUMBERS ARE OPPOSING THE SITING OF HAZARDOUS WASTE
FACILITIES IN THEIR COMMUNITIES. AT THE SAME TIME OUR COUNTRY RECEIVES
ECONOMIC BENEFITS FROM PRODUCTION OF THESE MATERIALS, WE MUST BEGIN TO
SEARCH FOR A BALANCED, FAIR, AND, MOST IMPORTANTLY, AN ENVIRONMENTALLY
SOUND APPROACH TO THE PROPER MANAGEMENT AND DISPOSAL OF HAZARDOUS
WASTES.
WITH SUCH A FORMIDABLE TASK AHEAD OF US, MY SUBCOMMITTEE IS HAPPY TO
HAVE THE ASSISTANCE AND COOPERATION OF THE OVERSIGHT AND INVESTIGATIONS
SUBCOMMITTEE. I AM CONVINCED THAT TOGETHER WE CAN FASHION APPROPRIATE
RESPONSE.
WE MUST NOT LET THE DIFFICULTY OF THE PROBLEM, NOR THE ENORMITY OF
THE POSSIBLE COSTS, DETER US FROM FACING THIS ISSUE. OUR RESPONSIBILITY
IS TO PROTECT THE PUBLIC HEALTH AND TO PRESERVE THE ENVIRONMENT. THE
RESOURCES OF THIS NATION CERTAINLY SHOULD BE
I APPRECIATE THE OPPORTUNITY TO SPEAK BEFORE YOU. I SINCERELY LOOK
FORWARD TO CALLING UPON YOUR COMMITTEE'S RESOURCES TO DEVELOP THE
INFORMATION NECESSARY TO FORMULATE AN APPROPRIATE LEGISLATIVE RESPONSE.
MR. ECKHARDT. MR. GORE?
MR. GORE. I HAVE NO QUESTIONS.
MR. ECKHARDT. MR. LENT?
MR. LENT. THANK YOU, MR. CHAIRMAN.
MY COLLEAGUE FROM THE GREAT STATE OF NEW JERSEY, I WELCOME YOU HERE
BEFORE THE SUBCOMMITTEE.
I WAS INTERESTED INTE FACT THAT YOUR SUBCOMMITTEE LATER THIS MONTH
WILL HOLD HEARINGS ON THE QUESTION OF REAUTHORIZATIONS FOR THE RESOURCE
CONSERVATION AND RECOVERY ACT. MY UNDERSTANDING IS THAT ACT CHARGES EPA
WITH THE RESPONSIBILITY TO IMPLEMENT AND ADMINISTER THE PROGRAM AND TO
DEVELOP A REGULATORY FRAMEWORK TO IDENTIFY HAZARDOUS WASTE AND PROPERLY
MANAGE ITS DISPOSAL. I UNDERSTAND THERE WAS A DEADLINE OF APRIL 1978.
EPA TODAY IS AT LEAST A YEAR AND A HALF BEHIND THE MANDATED SCHEDULE FOR
IMPLEMENTING THESE REGULATIONS.
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MY UNDERSTANDING ALSO IS THAT THE EPA'S DELAY IN TURN HAS CAUSED
DELAYS BY THE STATES AND BY THE INDUSTRY, AND THAT IN FACT SOME
INDUSTRIES ARE DELAYING THEIR INVESTING IN NEW WASTE FACILITIES TO
ASSURE THAT THEY ARE GOING TO BE IN COMPLIANCE WITH THE EPA REGULATIONS
WHEN THEY ARE FINALLY PROMULGATED. THE STATES WHICH UNDER THE TERMS OF
THIS ACT ARE TO IMPLEMENT SOME OF IT ARE RELUCTANT TO GET INTO THIS
UNTIL THE FEDERAL EPA TAKES THE LEAD.
I WOULD HOPE THAT VICIOUS CYCLE MIGHT BE BROKEN. I WOULD HOPE THAT
INMARCH WHEN THESE PEOPLE COME BEFORE YOUR SUBCOMMITTEE FOR
REAUTHORIZATION THAT THE EPA'S DERELICTION OF ITS DUTIES WOULD BE
BROUGHT TO THE FORE.
MR. FLORIO. I WOULD LIKE TO RESPOND. IT IS TRUE THAT EPA WAS LATE.
AS A MATTER OF FACT, AS THE RESULT OF SOME COURT ACTION EPA HAS BEEN
ORDERED TO GO FORWARD. MY RECOLLECTION IS THEY ARE TO HAVE IT COMPLETED
OR IN OPERATION BY THE END OF THIS YEAR. EXPEDITIOUS FASHION. RULES
HAVE BEEN PUBLICIZED. PUBLIC HEARINGS ARE NOW IN THE PROCESS OF BEING
CONDUCTED FOR SOME FINE TUNING.
NOTWITHSTANDING THE DERELICTION OF EPA OF ITS RESPONSIBILITY, I THINK
IT IS APPROPRIATE -- AND IT IS MY OWN FEELING -- THAT THE PUBLISHED
RULES ARE GOING IN THE RIGHT DIRECTION. THE PUBLISHED RULES PROVIDE FOR
A GOOD SYSTEM PROSPECTIVELY. WHAT WE ARE TALKING ABOUT IS A SYSTEM FROM
THIS POINT FORWARD WHICH I THINK WILL BE GOOD.
HOWEVER, THAT DOES NOT IN ANY WAY ADDRESS THE POINT AS TO WHAT TO DO
ABOUT THOSE SITES AND THOSE PROBLEMS THAT ARE IN EXISTENCE ALREADY AND
THAT WILL NOT BE COVERED FROM THIS POINT FORWARD BY THE PERMITTING
SYSTEM OR THE MANIFEST SYSTEM WHICH IS ENCOMPASSED IN THE NEW REGULATORY
SCHEME.
EPA IS APPROPRIATELY CRITICIZED AND SHOULD BE CHASTISED FOR THE
DELAY. HOWEVER, EVEN IF THEY HAD BEEN ON LINE IN TERMS OF THE TIME
FRAME, THAT DOES NOT DIMINISH OUR RESPONSIBILITY, THE CONGRESS
RESPONSIBILITY, TO DEAL WITH THIS PROBLEM OF ABANDONED FACILITIES.
MR. LENT. WITHOUT TRYING TO PIN YOU DOWN, WHOSE RESPONSIBILITY DO
YOU FEEL IT WOULD BE TO CLEAN UP THESE EXISTING SITES AS BETWEEN THE
FEDERAL GOVERNMENT, THE STATE GOVERNMENT, THE INDUSTRIES INVOLVED, AND
SO FORTH?
MR. FLORIO. IT IS THE RESPONSIBILITY OF CONGRESS AND THE FEDERAL
GOVERNMENT TO COORDINATE TO SEE THAT IT TAKES PLACE. HAVING SAID THAT,
THEPROPER ROLE OF THE FEDERAL GOVERNMENT AND ITS RELATIONSHIP TO THE
STATE GOVERNMENT IS SOMETHING THAT HAS NOT BEEN WORKED OUT YET. IT MAY
VERY WELL BE, BECAUSE THE WHOLE CONCEPT OF RCRA IS TO TALK ABOUT FEDERAL
STANDARDS WITH STATE IMPLEMENTATION, IF THE STATES ARE INCLINED TO DO SO
AND IF THE STATES HAVE THE CAPABILITY OF DOING SO. WE MAY DO THE SAME
THING WITH THE ULTIMATE CLEANUP PROPOSAL THAT COMES FORWARD.
IN TERMS OF THE FUNDING -- AND CERTAINLY THAT IS THE MORE TRICKY,
DIFFICULT PART OF ANY CLEANUP PROPOSAL DISCUSSION -- I AM CONVINCED THAT
IT SHOULD BE SOMETHING THAT THE FEDERAL GOVERNMENT SHOULD NOT BE CHARGED
WITH THE RESPONSIBILITY FOR FINANCING. THE MONEYS THAT WILL BE REQUIRED
TO DO A THOROUGH SECTOR, OUT OF THE PRODUCERS, AND SHOULD BE REGARDED AS
A COST OF DOING BUSINESS.
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AS I INDICATED IN MY REMARKS, THERE ARE A NUMBER OF INDUSTRY
ASSOCIATIONS THAT ARE CURRENTLY WORKING ON SUCH PROPOSALS. THEREFORE,
THEY DO NOT REJECT OUT OF HAND THE SOCIAL RESPONSIBILITY THAT THEY HAVE
FOR THE SITUATION WHICH HAS EVOLVED AS A RESULT OF SOME INAPPROPRIATE
AND, ON OCCASION, ILLEGAL DISPOSING PRACTICES.
MR. LENT. IT IS TRUE, OF COURSE, THAT THERE MAY BE MANY SITUATIONS
WHERE THE SOURCE OF THE POLLUTION OR THE WASTE DISCARDS REALLY CANNOT BE
DETERMINED AT THIS LATE DATE.
MR. FLORIO. THAT IS THE PURPOSE OF HAVING IN A SENSE ALMOST A
NOFAULT FUND, GENERAL ASSESSMENTS AGAINST ALL PRODUCERS, SO AS NOT TO
HAVE TO GO THROUGH THE DIFFICULTY OF FINDING FAULT OR, WHEN ONE DOES AND
THE CULPRIT IS JUDGMENT PROOF, YOU REALLY HAVE NOT ACHIEVED ANYTHING.
THAT IS NOT TO SAY THAT THE JUSTICE DEPARTMENT SHOULD NOT BE
PURSUING, WHERE APPROPRIATE, ITS REMEDIES AGAINST COMPANIES OR
INDIVIDUALS WHO HAVE CLEARLY VIOLATED THE LAW. ANY COMPENSATION THAT IS
OBTAINED FROM THOSE COMPANIES I WOULD THINK SHOULD BE PUT INTO THE TRUST
FUND AS WELL.
MR. LENT. THANK YOU, MR. CHAIRMAN.
I FEEL VERY GRATIFIED THAT AT THE REAUTHORIZATION PROCESS OF THE
SUBCOMMITTEE MR. FLORIO WILL LEAN VERY HEAVILY ON THE EPA SO THAT THESE
RULES AND REGULATIONS MIGHT BE PROMULGATED AND SO THAT DIRECTION CAN BE
GIVEN TO MY STATE AND OTHER STATES AS WELL AS TO THE INDUSTRY.
MR. ECKHARDT. I THANK THE GENTLEMAN FROM NEW YORK FOR STAYING WITHIN
HIS TIME. WE DO HAVE SOME 10 WITNESSES. THE CHAIR DOES INTEND TO POSE
STRICT TIME LIMITATIONS.
MR. LELAND?
MR. LELAND. I HAVE NO QUESTIONS.
MR. ECKHARDT. MR. DANNEMEYER?
MR. DANNEMEYER. MR. FLORIO, YOU ARE FROM NEW JERSEY. CAN YOU
NECESSITY OF DEVELOPING A STATE LAW FOR THE PERMIT TO STORE WASTE
AND TO DISPOSE OF WASTE AFTER IT HAS COME INTO EXISTENCE IN THE
STATE OF NEW JERSEY.
MR. FLORIO. I AM PLEASED TO RESPOND TO THAT WITH SOME DEGREE OF
PRIDE. THE STATE OF NEW JERSEY DID NOT WAIT FOR THE FEDERAL GOVERNMENT
AND EPA TO FULLY IMPLEMENT ITS REGULATORY SYSTEM. WHAT THEY DID WAS TO
IMPLEMENT A SYSTEM IN LINE WITH THE FEDERAL LAW. THE EXPECTATION IS
THAT THE NEW JERSEY SYSTEM WILL BE CERTIFIED IMMEDIATELY UPON THE
FEDERAL GOVERNMENT'S COMING UP WITH ITS STANDARDS BECAUSE WE HAVE DRAWN
THE NEW REGULATION IN OUR STATE IN A VERY TIGHT WAY SO AS TO VIRTUALLY
ASSURE IT WILL FIT WITHIN THE FEDERAL GUIDELINES.
WHAT WE DID WAS TO REVERSE THE PROCESS. WE DID NOT WAIT FOR THE
FEDERAL GUIDELINES BUT WE ANTICIPATED, BECAUSE I THINK IT WAS SOMETHING
THAT COULD VERY EASILY BE ANTICIPATED. WE NOW HAVE A MANIFEST SYSTEM, A
PERMITTING SYSTEM, ALREADY OPERATIONAL.
MR. DANNEMEYER. NEW JERSEY IS TO BE COMMENDED FOR THAT. WE HAVE A
SIMILAR PLAN IN CALIFORNIA THAT I THINK IS OPERATION EFFECTIVE.
MY QUESTION IS THIS: IF YOUR HOME STATE IS PURSUING WHAT APPEARS TO
BE PERHAPS A RESPONSIBLE POSTURE IN THIS AREA, WHY SHOULD THE FEDERAL
GOVERNMENT GET INVOLVED IN IT?
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MR. FLORIO. THE RULES WE ARE TALKING ABOUT AND THE PLAN THAT PERHAPS
YOUR STATE AND MY STATE ARE IMPLEMENTING DEAL, AS THE LAW DEALS, WITH
THE PROSPECTIVE PROBLEM OF LICENSING AND DISPOSAL. THERE IS NO
PROVISION IN THE RCRA LEGISLATION DESIGNED TO DEAL WITH THE EXISTING
PROBLEMS ACROSS THE NATION. EVEN IF YOU HAVE A FULL-FLEDGED, APPROVED
PLAN IN YOUR STATE OR MY STATE, IN ACCORDANCE WITH THE RCRA LEGISLATION
THERE IS NO PROVISION WHATSOEVER FOR DEALING WITH THE CLEANUP EFFORTS
THAT WILL BE REQUIRED FROM PAST ILLEGAL, ILLICIT, OR IMPROPER DUMPING
PROCEDURES.
MR. DANNEMEYER. NEW JERSEY LAW DOES NOT ADDRESS ITSELF TO PAST
STORAGE THAT IS A DANGER TODAY?
MR' FLORIO. THAT IS CORRECT.
MR. DANNEMEYER. THANK YOU, MR. CHAIRMAN.
MR. WIRTH. THANK YOU VERY MUCH, MR. CHAIRMAN.
MR. FLORIO, I WANT TO COMMEND YOU FOR USING THE FULL JURISDICTION OF
YOUR SUBCOMMITTEE, WHICH I THINK IS A PRECEDENT FOR THAT SUBCOMMITTEE
AND VERY WELCOME FOR ALL OF US ON THE INTERSTATE AND FOREIGN COMMERCE
COMMITTEE. WE LOOK FORWARD TO WORKING WITH YOU ON THAT.
WHILE WE ARE IN THE PROCESS OF CHASTISING EPA A BIT FOR THE SLOWNESS
OF THEIR OPERATION, I WANT TO NOTE FOR THE RECORD THE GREAT COOPERATION
THAT WE HAVE RECEIVED IN COLORADO FROM THE EPA. WE HAVE FOUND SOME
35-ODD RADIUM DUMP SITES, WHICH YOU PROBABLY KNOW ABOUT, IN THE DENVER
METROPOLITAN AREA. WHILE EPA MAY HAVE BEEN VERY DELINQUENT IN ISSUING
REGULATIONS AND OFFERING SOME DIRECTION IN DISPOSAL PROBLEMS, THEY HAVE
BEEN VERY HELPFUL TO THE STATE, COUNTY, AND LOCAL AUTHORITIES IN
COLORADO IN IDENTIFYING THESE SITES. I WANTED TO PUT THAT IN THE
RECORD.
I THINK THE AGENCY IS PROBABLY AS BEWILDERED AS WE ARE BY THE
MAGNITUDE OF THE ISSUE IN FRONT OF US.
MR. FLORIO. I WOULD LIKE TO IDENTIFY WITH THOSE REMARKS. EPA FACES
THE PROBLEM OF INADEQUATE FUNDING AND MANPOWER FOR THE WHOLE SCOPE OF
THEIR JURISDICTIONAL CONCERNS.
RIGHT NOW I AM HAVING HEARINGS ON NOISE CONTROL FOR EPA. IT IS CLEAR
THAT IS NOT ONE OF THE GREAT PRIORITIES JUST BECAUSE THEY DO NOT HAVE
THE RESOURCES.
IT SEEMS TO ME THEY HAVE APPROPRIATELY MARKED AS THEIR HIGHEST
PRIORITY THE AREA THAT WE ARE TALKING ABOUT TODAY. THAT MEANS, OF
COURSE, THAT THERE HAVE TO BE LESSER PRIORITIES IN OTHER AREAS.
I THINK IT IS APPROPRIATE THAT THE CONGRESS, PARTICULARLY THROUGH THE
APPROPRIATION PROCESS AND PARTICULARLY DEALING WITH THIS MATTER, START
TO REALISTICALLY ADDRESS THE NEEDS OF THIS AGENCY. CERTAINLY IT IS
APPROPRIATE THAT WE RIDE HERD ON THEM, BUT THE FACT OF THE MATTER IS
THAT THERE IS JUST SO MUCH THE AGENCY CAN DO WITH THE INADEQUATE
RESOURCES THAT THIS CONGRESS HAS PROVIDED TO THEM.
MR. WIRTH. YOU HAVE RAISED A POINT THAT I WANTED TO UNDERLINE. THAT
IS THE GIGANTIC FINANCIAL RESPONSIBILITY SOMEBODY FACES, WHICH YOU HAVE
BEEN TOUCHING UPON AND WHICH OTHER QUESTIONERS HAVE COMPANIES WENT OUT
OF BUSINESS IN THE SECOND DECADE OF THE 20TH CENTURY, 60 YEARS AGO. THE
QUESTION IS WHO IS GOING TO PAY FOR THE CLEANUP OF THESE RADIUM SITES
WHICH ARE RIGHT IN THE MIDDLE OF THE CITY. WHERE DOES THAT OBLIGATION
REST?
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CLEARLY THERE IS NO WAY IN WHICH WE CAN ATTACH THOSE COMPANIES THAT
WENT OUT OF BUSINESS 60 YEARS AGO. HOW FAIR WOULD IT BE TO HAVE SOME
KIND TRUST FUND ARRANGEMENT WHERE CURRENT INDIVIDUALS ARE PAYING INTO A
FUND?
IT IS A VERY COMPLICATED SITUATION. IT IS ONE WHERE WE ARE GOING TO
REALLY HAVE SOME SIGNIFICANT FINANCIAL OBLIGATIONS FOR WHICH SOMEONE
WILL BE ULTIMATELY RESPONSIBLE. I KNOW YOU ARE LOOKING AT THAT AS WE
ARE ALL GOING TO BE LOOKING AT IT. IT IS GOING TO BE VERY COMPLICATED.
THANK YOU AGAIN FOR BEING WITH US. WE LOOK FORWARD TO WORKING WITH
YOU AND YOUR SUBCOMMITTEE IN TRYING TO WORK OUR WAY THROUGH THIS
TORTUOUS LABYRINTH.
THANK YOU VERY MUCH.
MR. ECKHARDT. MR. MOTTL?
MR. MOTTL. THANK YOU, MR. CHAIRMAN.
FIRST OF ALL, I WOULD LIKE TO COMMEND MY COLLEAGUE, MR. FLORIO, FOR
HIS EXCELLENT STATEMENT AND HIS VERY CONCISE AND INTELLIGENT ANSWERS.
IN YOUR STATEMENT YOU NOTED THAT THERE WAS A 69-COUNT COMPLAINT
AGAINST THE OWNERS AND OPERATORS OF THE KIN-BUC LANDFILL IN EDISON, N.
J. WHAT WAS THE DISPOSITION OF THAT CASE?
MR. FLORIO. IT HAS ONLY BEEN FILED IN THE PAST 2 MONTHS.
INTERESTINGLY ENOUGH, THAT COMPLAINT IN PART WAS FILED UNDER A PORTION
OF THE RCRA LEGISLATION, PERHAPS THE ONLY PORTION THAT ADDRESSES THE
NEED TO GO BACK AND CLEAN UP. IT IS SOMETHING CALLED THE IMMINENT
HAZARD PROVISION OF THE RCRA LEGISLATION. THAT IS THE ONLY HANDLE
ANYBODY CAN GET TO UTILIZE THE RCRA LEGISLATION FOR THE PURPOSES OF
GOING BACK TO CLEAN UP.
ONE OF THE THINGS THATMY COMMITTEE WILL BE DOING AS WE MARK UP
JURISDICTION UNDER THE EXICTING LAW SO AS TO HAVE SOME ABILITY TO
GO BACK AND START ADDRESSING IN PART SOME OF THE PROBLEMS.
MR. MOTTL. IN CONJUNCTION WITH THIS, DO YOU HAVE ANY KNOWLEDGE THAT
OTHER INDICTMENTS HAVE BEEN ISSUED FOR ANY POTENTIAL WRONGDOINGS IN
SIMILAR SITUATIONS AROUND THE COUNTRY?
MR. FLORIO. I HAVE NO SPECIFIC INFORMATION ABOUT INDICTMENTS OR
CRIMINAL ACTIVITIES BEING PURSUED BY THE JUSTICE DEPARTMENT.
MR. MOTTL. THANK YOU, MR. CHAIRMAN.
MR. ECKHARDT. MR. FLORIO, I AM VERY INTRIGUED BY YOUR DISCUSSION OF
THE QUESTION OF BUILDING UP A FUND TO TAKE CARE OF SOME OF THE COSTS OF
CLEANUP BY CREATING IN EFFECT A FREE SYSTEM WHICH I ASSUME WOULD BE
LEVIED AGAINST THOSE WHO ARE ENGAGED IN A BUSINESS WHICH NATURALLY
RESULTS IN THE DEVELOPMENT OF WASTE. I ASSUME THAT FUND WOULD BE
LARGELY FOR THE FUTURE. IT WOULD BE UNFAIR TO PLACE ON PERSONS NOW
PRODUCING OR ON THEIR CONSUMERS THE COST OF THE CLEANUP FOR THE PAST.
IT MIGHT BE CONCEIVABLE THAT SUCH FUND WOULD ALSO CONSIST OF FINES
FOR EGREGIOUS OFFENSES IN THE FUTURE, WHICH MIGHT HELP BUILD UP
SUFFICIENT FUNDS TO TAKE CARE OF SOME OF THE PROBLEMS OF ABANDONED WASTE
AREAS WHICH HAVE OCCURRED IN THE PAST. I DO NOT BELIEVE WE WOULD RUN
INTO ANY QUESTION OF TAKING PROPERTY WITHOUT DUE COMPENSATION.
WHAT WOULD YOU THINK ABOUT SUCH A PROGRAM?
MR. FLORIO. AS I INDICATED, IT IS MY INTENTION AND THOUGHT TO
ATTEMPT TO PUSH DIRECTLY THAT CONCEPT.
IN A SENSE WHAT YOU ARE DOING IS LEVYING ON ALL PRODUCERS A SET
AMOUNT, WHATEVER IT TURNS OUT TO BE, TO PROVIDE FOR THE BASIC FUND.
HOWEVER, I DO NOT FEEL IT IS APPROPRIATE TO JUST LET OFF SCOTT FREE
THOSE WHO IT IS ASCERTAINED IN A CALCULATED WAY HAVE VIOLATED THE LAW.
MONEYS THAT WOULD BE ASSESSED AGAINST THEM WOULD GO INTO THE FUND AS
WELL.
I IDENTIFY AND WOULD JOIN WITH SENATOR FORD, OF KENTUCKY, WHO IS
CALLING FOR THE JUSTICE DEPARTMENT TO LOOK INTO THE SITUATION IN
KENTUCKY. THERE IS A STRONG FEELING WHAT WAS DONE IN THAT AREA OF THESE
MATERIALS TO A FLY-BY-NIGHT OPERATOR.
I THINK IT IS IMPORTANT THAT WE PURSUE AND LOOK STRAIGHT ON THROUGH
TO THE REAL PUBLIC REMEDIES. IF IN FACT IT IS ASCERTAINED THAT SOMEONE
DID VIOLATE THE LAW, THE ASSESSMENTS AGAINST THOSE INDIVIDUALS SHOULD BE
PART OF THIS FUND AS WELL.
MR. ECKHARDT. THANK YOU VERY MUCH FOR YOUR VERY ABLE AND THOUGHTFUL
TESTIMONY HERE TODAY. WE REALLY DO LOOK FORWARD TO THE ACTIVITIES OF
YOUR EXCELLENT SUBCOMMITTEE IN SOLVING SOME OF THESE PROBLEMS IN THE
FUTURE. IF WE CAN BE OF ANY AID, WE WANT TO DO SO.
OUR COLLEAGUE FROM TENNESSEE, MR. GORE, HAS BEEN EXTREMELY ACTIVE IN
THIS AREA FOR A CONSIDERABLE PERIOD OF TIME. HE ALSO HAS RECENTLY
VISITED ONSITE SOME OF THE AREAS THAT WE INTEND TO GO INTO DURING THESE
HEARINGS. WE ARE DELIGHTED TO HAVE HIM AS A WITNESS AT THIS TIME.
MR. GORE, DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND
NOTHING BUT THE TRUTH, SO HELP YOU GOD?
MR. GORE. I DO.
MR. ECKHARDT. YOU MAY PROCEED.
HAZARDOUS WASTE DISPOSAL
TESTIMONY OF GORE A
RE: UNSATISFACTORY OPERATION OF HOOKER DISPOSAL SITE, TOWN OF NIAGARA, 710730
790321
PART 001 OF 12
GORE A CONGRESSMAN, T N
GEDEON E R ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
U.S. HOUSE OF REPRESENTATIVES
NIAGARA COUNTY HEALTH DEPARTMENT
109331
HEARINGS
HOUSE
TRANSCRIPT
CORRESPONDENCE
MR. GORE. THANK YOU VERY MUCH, MR. CHAIRMAN, FOR THE INVITATION TO
TESTIFY TODAY. I WOULD LIKE TO THANK MY COLLEAGUES FOR THEIR INDULGENCE
IN ALLOWING ME TO TESTIFY HERE. BOTH OF THE SITES THAT ARE THE SUBJECT
OF OUR HEARING TODAY.
I HAVE BEEN GREATLY CONCERNED ABOUT THEPROBLEMS OF HAZARDOUS WASTE
DISPOSAL IN THIS COUNTRY SINCE I CHAIRED OUR FIRST OVERSIGHT HEARINGS ON
THIS SUBJECT LAST YEAR, PROMPTED BY THE ENVIRONMENTAL DISASTERS AT
TOONE, TENN., AND LOVE CANAL. MY CONCERN GREW CONSIDERABLY AS I LEARNED
AND APPRECIATED THE TRUE MAGNITUDE OF THIS PROBLEM -- WHICH THE CHAIRMAN
ALLUDED TO IN HIS STATEMENT -- AND AS I LEARNED HOW LAX THE EPA HAD BEEN
IN IMPLEMENTING A PROGRAM TO DEAL WITH WHAT I REGARD TO BE THE MOST
SIGNIFICANT ENVIRONMENTAL HEALTH PROBLEM OF THIS DECADE.
THE THREATS POSED TO UNKNOWING VICTIMS BY THE IMPROPER DISPOSAL OF
TOXIC WASTES ARE FRIGHTENING: BIRTH DEFECTS, CANCER, MISCARRIAGES,
RESPIRATORY PROBLEMS, AND NERVOUS DISORDERS. YET THE EPA HAS BEEN
DRAGGING ITS FEET IN DEVELOPING A STRONG REGULATORY PROGRAM, IN
IDENTIFYING DISPOSAL SITES THAT POSE IMMINENT HAZARDS TO THE PUBLIC
HEALTH, AND IN RESPONDING TO SUCH HAZARDS ONCE IDENTIFIED.
SINCE OUR OCTOBER HEARINGS, I PERSONALLY HAVE URGED THE EPA TO MOVE
FASTER TO ADOPT COMPREHENSIVE HAZARDOUS WASTE REGULATIONS. I HAVE
REPEATEDLY IMPLORED EPA TOINVENTORY AND CATALOG ALL HAZARDOUS WASTE
DISPOSAL SITES ACROSS THE COUNTRY. AND I HAVE ASKED THE EPA TO WARN
CITIZENS WHO LIVE NEAR DANGEROUS SITES.
HAZARDOUS WASTE DISPOSAL
TESTIMONY OF GORE A
RE: UNSATISFACTORY OPERATION OF HOOKER DISPOSAL SITE, TOWN OF NIAGARA, 710730
790321
PART 002 OF 12
GORE A CONGRESSMAN, T N
GEDEON E R ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
U.S. HOUSE OF REPRESENTATIVES
NIAGARA COUNTY HEALTH DEPARTMENT
109332
HEARINGS
HOUSE
TRANSCRIPT
CORRESPONDENCE
AT HEARINGS NEXT MONTH, I EXPECT WE WILL HAVE A CHANCE TO ASSESS
WHAT, IF ANY, PROGRESS EPA HAS MADE IN THESE AREAS. BUT I MUST REPORT
TO YOU, MR. CHAIRMAN, THAT CURRENTLY IN 40 OUT OF OUR 50 STATES NO ONE
IS EVEN LIFTING A FINGER TO TRY TO FIND OUT THE LOCATION OF THESE
HAZARDOUS WASTE DISPOSAL SITES.
THIS MORNING, HOWEVER, OUR PURPOSE IS SOMEWHAT DIFFERENT. TODAY WE
WILL LEARN ABOUT HAZARDOUS WASTE DISPOSAL PROBLEMS AT SPECIFIC SITES
THATILLUSTRATE THE LIMITATIONS OF THE LEGISLATION THAT CONGRESS PASSED
IN 1976. AND WE WILL EXPLORE WAYS THAT CONGRESS CAN BEST ACT TO IMPROVE
THE FEDERAL RESPONSE TO THIS PROBLEM.
AS I MENTIONED, I VISITED ALL OF THE SITES WE ARE GOING TO TALK
THE HYDE PARK LANDFILL IN NIAGARA FALLS, N. Y. -- A SITE THAT MAY BE
THE MOST PERILOUS YET DISCOVERED, A SITE THAT HARBORS NOT ONLY
THOUSANDS OF TONS OF THE TOXIC PESTICIDE MIREX, BUT ALSO
APPROXIMATELY 2,000 POUNDS OF DIOXIN, ONE OF THE MOST TOXIC
CHEMICALS KNOWN TO MAN.
THE HYDE PARK LANDFILL IS OWNED BY HOOKER CHEMICALS & PLASTICS CORP.
THIS 15-ACRE LANDFILL WAS USED AS THE DISPOSAL AREA FOR CHEMICAL WASTE
PREVIOUSLY DEPOSITED IN THE LOVE CANAL SITE. HYDE PART LANDFILL WAS
OPENED ABOUT 1953 AT ABOUT THE SAME TIME LOVE CANAL WAS FILLED TO THE
BRIM AND CLOSED. HOOKER HAS BEEN DUMPING TOXIC WASTES IN LOVE CANAL.
WHEN LOVE CANAL WAS FILLEDUP, THEY MOVED OVER TO THE HYDE PARK SITE.
CONSEQUENTLY, MANY OF THE SAME DANGEROUS PESTICIDES AND ORGANIC
CHEMICALS ARE PRESENT AT BOTH SITES. HOWEVER, FOUR TIMES AS MUCH WASTE
WAS DUMPED AT HYDE PARK.
TYPICALLY, TRUCKLOADS OF DRUMS CONTAINING THESE WASTES WERE DUMPED IN
OPEN PITS AT THE SITE. INCREDIBLY, DURING THE DISPOSAL PROCESS
ABSOLUTELY NO CONSIDERATION WAS GIVEN TO SOIL PERMEABILITY, DRAINAGE
PATTERNS, OR OTHER LEACHATE CHARACTERISTICS OF THE SOIL. IN FACT, THE
SITE WAS BUILT RIGHT ON TOP OF THE DRAINAGE AREA. EVENTUALLY THE SITE
WAS COVERED WITH DIRT AND CLAY TO COMPLY WITH THE MINIMAL PROVISIONS OF
THENEW YORK STATE SANITARY CODE, THIS WAS ABOUT THE ONLY PRECAUTION
TAKEN. (SEE EXHIBIT A, P. 13.)
APPARENTLY, NO COMPLETE INVENTORY OF WASTES DUMPED AT HYDE PARK IS
AVAILABLE. HOWEVER, A JUNE 1978 HOOKER CHEMICAL DOCUMENT GAVE A PARTIAL
LISTING OF THE 80,200 TONS OF MATERIAL BELIEVED TO BE BURIED THERE. I
HAVE INCLUDED THAT AS EXHIBIT B TO MY TESTIMONY. (SEE P. 15.)
THE LIST INCLUDES 200 TONS OF DECHLORANE. THIS POWERFUL PESTICIDE,
KNOWN AS MIREX, WAS DUMPED AT THE HYDE PARK LANDFILL FROM 1959 TO 1967,
WHILE IT WAS BEING PRODUCED AT HOOKER'S NIAGARA PLANT. DRAINAGE FROM
HYDE PARK DISCHARGES INTO THE NIAGARA RIVER A FEW MILES FROM WHERE IT
RUNS INTO LAKE ONTATIO. THE HIGH MIREX LEVELS IN FISH HAVE CLOSED LAKE
ONTARIO TO COMMERCIAL AND SPORTS FISHING. IT NOW APPEARS THAT THE HYDE
PARK SITE IS THE ORIGINATION OF MOST, IF NOT ALL, THATMIREX. PRESENCE
OF A CHEMICAL CALLED DIOXIN, A CONTAMINANT WHICH IS CREATED AS A
BYPRODUCT OF TRICHLOROPHENOL OR TCP. SIX MILLION SIX HUNDRED THOUSAND
POUNDS OF TCP ARE LISTED IN HOOKER'S PARTIAL INVENTORY FOR THE HYDE PARK
SITE. CONSEQUENTLY, THOUSANDS OF POUNDS OF DIOXIN ARE BELIEVED TO BE
PRESENT AT THE LANDFILL.
HAZARDOUS WASTE DISPOSAL
TESTIMONY OF GORE A
RE: UNSATISFACTORY OPERATION OF HOOKER DISPOSAL SITE, TOWN OF NIAGARA, 710730
790321
PART 003 OF 12
GORE A CONGRESSMAN, T N
GEDEON E R ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
U.S. HOUSE OF REPRESENTATIVES
NIAGARA COUNTY HEALTH DEPARTMENT
109333
HEARINGS
HOUSE
TRANSCRIPT
CORRESPONDENCE
THOSE ARE APPARENTLY PRETTY ACCURATE FIGURES. I CAN GO INTO THE
EVIDENCE THAT BACKS UP THOSE FIGURES IF YOU WISH.
DIOXIN HAS CAUSED FATAL POISONING IN MANY SPECIES OF ANIMALS IN
MINUTE AMOUNTS OF PARTS PER BILLION. EFFECTS FROM ITS TOXICITY SUGGEST
IT TENDS TO ACCUMULATE IN BODY TISSUES.
WE DO NOT HAVE DATA RELATING DIRECTLY TO ITS EFFECT ON MANY, SIMPLY
BECAUSE NO ONE IN HIS RIGHT MIND WOULD EXPERIMENT WITH A CHEMICAL SUCH
AS THIS ON MAN. HOWEVER, EXPERIMENTS WITH NONHUMAN PRIMATES REVEAL THAT
DIOXIN LEVELS FAR LESS THAN THOSE PRESENT IN THE LEACHATE AND SEDIMENT
IN OR NEAR THE HYDE PARK LANDFILL ARE EXTREMELY TOXIC OVER EXTENDED
PERIODS OF TIME.
LET ME JUST BRIEFLY DESCRIBE ONE EXPERIMENT TO EXPLAIN WHY I SAY
THAT. THE EXPERIMENT WAS BASED UPON THE STUDY OF EIGHT ADULT FEMALE
RHESUS MONKEYS WHICH WERE FED A DIET OF 500 PARTS PER TRILLION DIOXIN
FOR 9 MONTHS. AFTER 3 MONTHS THEY LOST EYELASHES AND FACIAL HAIR,
DEVELOPED PERIORBITAL EDEMA, DRY SCALY SKIN, AND ACCENTUATED HAIR
FOLLICLES. THOUGH FOOD CONSUMPTION WAS CONSTANTLY MAINTAINED, THE
MONKEYS GRADUALLY LOST WEIGHT. BETWEEN THE 6TH AND 12TH MONTHS, DEATH
OCCURRED IN 5 OF THE 8 ANIMALS. THESE SYMPTOMS DID NOT APPEAR IN THE
CONTROL GROUP OF ANIMALS.
MEASURABLE AMOUNTS OF DIOXIN AND MIREX HAVE BEEN FOUND IN ONSITE SOIL
AND IN BLOODY RUN CREEK WHICH DRAINS THE SITE. THIS CREEK IS
CONTAMINATED AND HOOKER CHEMICAL DOCUMENTS SUGGEST THAT GROUND WATER
CONTAMINATION HAS ALSO OCCURRED AT THE HYDE PARK LANDFILL. AN INTERNAL
HOOKER MEMORANDUM DATED SEPTEMBER 6, 1977, STATED:
OBSERVATION OF DISCOLORED SOILS IN BORINGS AND STRONG ODOR SIMILAR TO
THAT OF THE LAGOON; PRELIMINARY GROUND WATER SAMPLES WERE DISCOLORED
AND HAVE A PHENOLIC ODOR. EXAMINE THIS SITUATION. AT THIS TIME I WOULD
LIKE TO SHOW YOU A GRAPHIC REPRESENTATION OF THE LANDFILL AREA, WHICH IS
REPRESENTED BY EXHIBIT C ATTACHED TO MY TESTIMONY. (SEE P. 15.)
WHEN YOU GET CLOSE TO THE LANDFILL AREA YOUR EYES WATER AND BURN AND
THE BACK OF YOUR THROAT BURNS. PEOPLE WHO WORK IN AND AROUND THIS AREA
HAVE REPEATED SKIN RASHES. WE WILL HEAR ABOUT THE ILLNESSES THAT THEY
HAVE EXPERIENCED FROM SOME OF THE OTHER WITNESSES.
THIS IS THE MAIN ROAD HERE, HYDE PARK BOULEVARD (INDICATING ON LARGE
MAP). IF YOU ARE COMING INTO NIAGARA FALLS, THAT IS THE ONE YOU TAKE.
HERE IS THE LANDFILL SITE. IT IS APPROXIMATELY 15 ACRES. IF YOU ARE
LOOKING AT THE SITE, IT IS BUILT UP. IT HAS DIRT AND CLAY ON TOP OF IT.
THIS IS THE N. L. CORP., FORMERLY NATIONAL LEAD CO., AND NIAGARA
STEEL FINISHING. WE WILL HEAR TODAY FROM PEOPLE WHO WORK HERE.
THIS IS GREIF BROS. GREIF BROS. MANUFACTURES CHEMICAL DRUMS. MOST
OF THEM GO TO HOOKER.
THIS AREA IS DRAINED BY BLOODY RUN CREEK. ALTHOUGH IT LOOKS LIKE A
BLOODY RUN NOW, THE NAME IS NOT FROM THAT BUT APPARENTLY COMES FROM AN
INDIAN WAR. IT FLOWS RIGHT UNDER HERE AND ALL ALONG HERE (INDICATING ON
MAP.).
HAZARDOUS WASTE DISPOSAL
TESTIMONY OF GORE A
RE: UNSATISFACTORY OPERATION OF HOOKER DISPOSAL SITE, TOWN OF NIAGARA, 710730
790321
PART 004 OF 12
GORE A CONGRESSMAN, T N
GEDEON E R ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
U.S. HOUSE OF REPRESENTATIVES
NIAGARA COUNTY HEALTH DEPARTMENT
109334
HEARINGS
HOUSE
TRANSCRIPT
CORRESPONDENCE
INCIDENTALLY, THERE IS WATER STANDING ALONG ALL SIDES OF THE SITE.
THE WATER HAS FUMES COMING UP THAT ARE IRRITABLE. IT FLOWS UNDER THE
ROAD AND RIGHT UNDER THIS FACTORY, GREIF BROS. WE HAVE PEOPLE FROM
GREIF BROS. TO TALK WITH US TODAY.
THERE IS A MANHOLE IN THE MIDDLE OF THE PLANT. FROM THERE IT FLOWS
OUT THE OTHER SIDE AND IT FLOWS UNDER SHERMAN STREET. THERE ARE HOMES
ALL IN THIS AREA. WE HAVE SOME OF THE PEOPLE WHO LIVE IN THESE HOMES
WITH US TODAY AS WITNESSES.
INCIDENTALLY, THIS AREA HAS FLOODED ON SEVERAL OCCASIONS. WE WERE
SHOWED PICTURES WHERE IT WAS FLOODED RIGHT INTO THE BACKYARDS OF THESE
HOMES JUST LAST MONTH. FROM THERE IT GOES UNDER HERE. THEN IT GOES
INTO A CULVERT. IT TAKES A RIGHT ANGLE AND GOES TOWARD THE NIAGARA
RIVER. THE NIAGARA RIVER A FEW MILES
MR. CHAIRMAN, I WOULD BE GLAD TO ANSWER ANY QUESTIONS IF YOU HAVE
ANY.
MR. ECKHARDT. MR. GORE, THE EXHIBITS ATTACHED TO YOUR PREPARED
TESTIMONY WILL BE MADE PART OF THE RECORD AT THIS POINT.
(THE EXHIBITS REFERRED TO FOLLOW:)
HAZARDOUS WASTE DISPOSAL
TESTIMONY OF GORE A
RE: UNSATISFACTORY OPERATION OF HOOKER DISPOSAL SITE, TOWN OF NIAGARA, 710730
790321
PART 005 OF 12
GORE A CONGRESSMAN, T N
GEDEON E R ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
U.S. HOUSE OF REPRESENTATIVES
NIAGARA COUNTY HEALTH DEPARTMENT
109335
HEARINGS
HOUSE
TRANSCRIPT
CORRESPONDENCE
OCCIDENTAL ASSERTS THAT THIS DOCUMENT CONTAINS CONFIDENTIAL
COMMERCIAL INFORMATION AND/OR TRADE SECRETS AND IS BEING SUPPLIED TO THE
SECURITIES AND EXCHANGE COMMISSION UNDER A CLAIM OF CONFIDENTIALITY.
JULY 30, 1971
MR. JOHN JUDY WORKS MANAGER NIAGARA PLANT HOOKER CHEMICAL CORPORATION
BUFFALO AVENUE NIAGARA FALLS, NEW YORK
RE: UNSATISFACTORY OPERATION OF HOOKER DISPOSAL SITE TOWN OF NIAGARA
THE NIAGARA COUNTY HEALTH DEPARTMENT HAS BECOME INCREASINGLY
CONCERNED OVER THE APPARENT INABILITY OF THE HOOKER CHEMICAL CORPORATION
TO OPERATE THEIR WASTE DISPOSAL SITE IN THE TOWN OF NIAGARA IN
ACCORDANCE WITH PART 19 OF THENEW YORK STATE SANITARY CODE. DURING THE
PAST TWO YEARS, MANY SERIOUS VIOLATIONS HAVE EXISTED AND CONTINUE TO
EXIST, A PARTIAL LIST OF WHICH IS LISTED BELOW FOR YOUR INFORMATION:
1. THE ENTIRE OPERATION AT THIS SITE VIOLATES NIAGARA COUNTY AND NEW
YORK STATE SANITARY CODES IN THAT MATERIAL DISPOSED ON THIS SITE IS NOT
COVERED DAILY, AND ADEQUATE COVER MATERIAL IS NOT AVAILABLE AT THE SITE.
2. THE LIQUID WASTE MATERIAL BROUGHT TO THE SITE IS NOT BEING
CONTAINED ON THE SITE.
3. THE METHODS USED TO CONTAIN,PUMP OUT, AND REINFORCE THE LIQUID
STORAGE AREA ARE NOT ADEQUATE TO PREVENT SPILLAGE.
4. LEACHING CONDITIONS EXIST FROM BENEATH THE SURFACE AS WELL AS
FROM NUMEROUS DRAIN TILES INSTALLED AT THIS SITE.
5. THE STORAGE CAPABILITY FOR LIQUID IS SO LIMITED THAT RAINFALL
HAZARDOUS WASTE DISPOSAL
TESTIMONY OF GORE A
RE: UNSATISFACTORY OPERATION OF HOOKER DISPOSAL SITE, TOWN OF NIAGARA, 710730
790321
PART 006 OF 12
GORE A CONGRESSMAN, T N
GEDEON E R ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
U.S. HOUSE OF REPRESENTATIVES
NIAGARA COUNTY HEALTH DEPARTMENT
109336
HEARINGS
HOUSE
TRANSCRIPT
CORRESPONDENCE
6. PROPERTIES SURROUNDING THIS AREA THAT DO NOT BELONG TO HOOKER
HAVE BEEN AND CONTINUE TO BE CONTAMINATED BY OVERFLOW FROM THE DISPOSAL
SITE.
7. THIS OFFICE HAS RECEIVED NUMEROUS COMPLAINTS OF ODORS WHICH
ORIGINATE FROM YOUR DISPOSAL SITE.
8. THE OVERFLOW INTO DRAINAGE DITCHES AND A SMALL STREAM IN THE AREA
IS CONTRARY TO FEDERAL, STATE, AND COUNTY REGULATIONS.
IN VIEW OF THE ABOVE SITUATION AND THE FACT THAT VERY LITTLE HAS BEEN
DONE BY THE HOOKER CHEMICAL CORPORATION DURING THE PAST TWO YEARS TO
IMPROVE THIS SITUATION, THIS OFFICE IS NOW REQUESTING THAT A DEFINITE
STATEMENT CONCERNING YOUR PLANS FOR THIS SITE BE SUBMITTED TO THIS
OFFICE. IT IS REQUESTED THAT YOU FURNISH THIS OFFICE A DETAILED
SCHEDULE WHICH WILL INDICATE THE WORK THAT YOU WILL UNDERTAKE AND THE
TIME REQUIRED TO COMPLETE THIS WORK WHICH WILL BRING YOUR DISPOSAL SITE
INTO COMPLIANCE WITH THE SANITARY CODE. IN THE EVENT THAT AN ACCEPTABLE
SCHEDULE AND TIME TABLE CANNOT BE A REALITY IN THE NEAR FUTURE, THIS
OFFICE WILL HAVE NO ALTERNATIVE BUT TO ORDER THAT THIS DISPOSAL SITE NO
LONGER BE USED BY THE HOOKER CHEMICAL CORPORATION FOR THE DISPOSAL OF
SOLID AND LIQUID WASTE.
PLEASE CALL ME IF YOU HAVE ANY QUESTIONS REGARDING THIS MATTER.
CC: MR. FRED OLOTKA
HAZARDOUS WASTE DISPOSAL
TESTIMONY OF GORE A
RE: UNSATISFACTORY OPERATION OF HOOKER DISPOSAL SITE, TOWN OF NIAGARA, 710730
790321
PART 007 OF 12
GORE A CONGRESSMAN, T N
GEDEON E R ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
U.S. HOUSE OF REPRESENTATIVES
NIAGARA COUNTY HEALTH DEPARTMENT
109337
HEARINGS
HOUSE
TRANSCRIPT
CORRESPONDENCE
SECTION IV-5 (CON'T.)
A. NAME: HYDE PARK
B. LOCATION: HYDE PARK BLVD., TOWN OF NIAGARA
C. OWNER: HOOKER
D. TIME USED: APPROXIMATELY 1953 TO 1974
E. TYPE OF WASTE CATEGORY
F. WASTES WERE LAND DISPOSAL
G. NO RECORDS EXIST AS TO WASTE HAULERS USED OTHER THAN HOOKER
H. NO RECORDS EXIST AS TO THE USE OF THIS SITE BY OTHERS
NOTE THAT THE ABOVE TABULATION IS BASED ON A VERY LIMITED AMOUNT OF
DOCUMENTED INFORMATION. MANY ESTIMATES, AS OUTLINED IN OTHER SECTIONS
OF THIS REPORT, WERE REQUIRED IN ORDER TO DERIVE THE INFORMATION.
HAZARDOUS WASTE DISPOSAL
TESTIMONY OF GORE A
RE: UNSATISFACTORY OPERATION OF HOOKER DISPOSAL SITE, TOWN OF NIAGARA, 710730
790321
PART 008 OF 12
GORE A CONGRESSMAN, T N
GEDEON E R ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
U.S. HOUSE OF REPRESENTATIVES
NIAGARA COUNTY HEALTH DEPARTMENT
109338
HEARINGS
HOUSE
TRANSCRIPT
CORRESPONDENCE
EXHIBIT "C"
MAP OMITTED.
HAZARDOUS WASTE DISPOSAL
TESTIMONY OF GORE A
RE: UNSATISFACTORY OPERATION OF HOOKER DISPOSAL SITE, TOWN OF NIAGARA, 710730
790321
PART 009 OF 12
GORE A CONGRESSMAN, T N
GEDEON E R ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
U.S. HOUSE OF REPRESENTATIVES
NIAGARA COUNTY HEALTH DEPARTMENT
109339
HEARINGS
HOUSE
TRANSCRIPT
CORRESPONDENCE
MR. ECKHARDT. MR. LELAND?
MR. LELAND. I HAVE NO QUESTIONS.
MR. ECKHARDT. MR. LENT?
MR. LENT. I JUST HAVE ONE QUESTION. I INQUIRED OF CONGRESSMAN
FLORIO EARLIER WHETHER THE DELAY BY THE EPA HAS CAUSED ANY SIMILAR
DELAYS BY STATES AND INDUSTRIES. I THINK AT YOUR OCTOBER 1978 HEARINGS
SOME OF THE STATES CAME IN. I BELIEVE ONE OF THEM WAS ILLINOIS, IF MY
RECOLLECTION SERVES ME CORRECTLY.
THEY SAID THEY WERE AT A STANDSTILL AND THAT THEY COULD NOT REALLY GO
AHEAD AND PROMULGATE THEIR STATE REGULATIONS UNTIL THE EPA MOVED
FORWARD. IS THAT YOUR RECOLLECTION? DO YOU AGREE WITH THAT ESSENTIALLY
-- THAT SOME OF THE STATES LEGITIMATELY HAVE THE EXCUSE, IF YOU WILL,
THAT THEY ARE MOVING FORWARD UNTIL THE EPA DOES SO?
MR. GORE. THAT IS ABSOLUTELY CORRECT. IT IS NOT ONLY THAT THE DELAY
IN IMPLEMENTING THE REGULATIONS HAS HELD UP ACTIONS BY THE STATES, BUT
ALSO, AS WAS REFERRED TO EARLIER, IT HAS HELD UP PRIVATE BUSINESS.
THERE IS AN ENORMOUS BUSINESS OUT THERE IN HAZARDOUS WASTE DISPOSAL.
MANY INDUSTRIES ARE WAITING TO MANUFACTURE AND SELL NEW INCINERATORS AND
NEW TECHNIQUES FOR DISPOSING OF TOXIC WASTE PROPERLY. HOWEVER, THEY
CANNOT GO FORWARD WITH THEIR INVESTMENT, JUST AS THE STATES CANNOT
RESPONSIBLY GO FORWARD WITH COMPREHENSIVE REGULATIONS, UNTIL THEY KNOW
WHAT THE RULES OF THE GAME ARE GOING TO BE NATIONWIDE. IT HAS
DEFINITELY HELD THEM UP. MR. ECKHARDT. MR. MOTTL? MR. MOTTL. I WOULD
LIKE TO COMPLIMENT MR. GORE FOR HIS VERY ABLE AND ENLIGHTENING
TESTIMONY.
MR. GORE. THANK YOU VERY MUCH.
MR. ECKHARDT. MR. DANNEMEYER?
MR. DANNEMEYER. MR. GORE, I NOTICE THAT THIS HYDE PARK LANDFILL IS
STILL OWNED BY THE HOOKER CHEMICAL CO. ARE THEY STILL IN BUSINESS?
MR. GORE. YES, SIR.
MR. DANNEMEYER. TO YOUR KNOWLEDGE, HAS ANYONE IN THE STATE OF NEW
YORK BROUGHT A PUBLIC NUISANCE ACTION AGAINST HOOKER CHEMICAL ON THE
THEORY THEY ARE MAINTAINING A PUBLIC NUISANCE AND SHOULD ABATE IT?
MR. GORE. THAT IS A GOOD POINT. I THINK THAT MANY HAVE CONCLUDED
THAT THE PUBLIC NUISANCE LAW OF THE STATE OF NEW YORK IS ONE REMEDY THAT
SHOULD BE VIGOROUSLY PURSUED. OUR COLLEAGUE, JOHN LAFALCE, HAS BEEN
EXTREMELY ACTIVE IN THIS AREA. I BELIEVE HE HAS COME TO THAT
CONCLUSION.
IT IS WORTH NOTING THAT THE HYDE PARK SITE HAS BEEN UNDER
INVESTIGATION FOR A RELATIVELY SHORT PERIOD OF TIME. IT HAS COME UP IN
THE WAKE OF THE LOVE CANAL EXPERIENCE. OF COURSE, THAT IS ONE POSSIBLE
REMEDY.
I WOULD LIKE TO RESPOND TO YOUR EARLIER QUESTION, MR. DANNEMEYER,
WHICH I THINK IS PART OF THIS QUESTION.
THE DIFFICULTY WITH ALLOWING EACH INDIVIDUAL STATE TO DEAL WITH THIS
PROBLEM IS, FIRST, THAT CHEMICALS CROSS STATE LINES. FOR EXAMPLE, AT
VALLEY OF THE DRUMS YOU HAVE CHEMICALS BROUGHT IN FROM STATES ALL OVER
THE COUNTRY AND DEPOSITED IN THAT AREA.
SECOND, MANY STATES SEE A COMPETITIVE EDGE IN ATTRACTING INDUSTRY IF
THEY CAN OFFER THEM A WAY TO DISPOSE OF THEIR WASTE CHEAPLY.
HAZARDOUS WASTE DISPOSAL
TESTIMONY OF GORE A
RE: UNSATISFACTORY OPERATION OF HOOKER DISPOSAL SITE, TOWN OF NIAGARA, 710730
790321
PART 010 OF 12
GORE A CONGRESSMAN, T N
GEDEON E R ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
U.S. HOUSE OF REPRESENTATIVES
NIAGARA COUNTY HEALTH DEPARTMENT
109340
HEARINGS
HOUSE
TRANSCRIPT
CORRESPONDENCE
YOU DO NOT WANT TO ADDRESS IT ON A PIECEMEAL BASIS BECAUSE SOME WOULD
TAKE ADVANTAGE OF THE GREATER PROFITS TO BE MADE SIMPLY BY ACTING
IRRESPONSIBLY. MATERIAL I HAVE READ, IF THE ATTORNEY GENERAL OF THE
STATE OF NEW YORK OR THE COUNTY PROSECUTING ATTORNEY IN WHICH THIS
FACILITY IS LOCATED DO NOT TAKE ACTION TO ABATE A PUBLIC NUISANCE, IT
STRIKES ME SOME PUBLIC INTEREST LAW FIRM IN THAT STATE SHOULD ATTEMPT TO
FILE AN ACTION ON BEHALF OF THE PEOPLE OF THAT STATE FOR THE PURPOSE OF
ABATING THE NUISANCE. IT WOULD BE INDEPENDENT OF WHAT THE FEDERAL
GOVERNMENT DOES ALONG THE LINES YOU HAVE SUGGESTED.
MR. GORE. AS I AM SURE YOU ARE AWARE, OUR COUNTRY AND MOST OF THE
INDUSTRIALIZED COUNTRIES IN THE WORLD HAVE HAD A BLIND SPOT WHEN IT
COMES TO WASTE DISPOSAL. IT TAKES TIME TO DRIVE HOME THE MESSAGE THAT
THIS PROBLEM IS AS HAZARDOUS AND AS DANGEROUS TO HUMAN HEALTH AS IT IS.
THAT IS ONE OF THE REASONS STATES HAVE NOT RESPONDED.
I WOULD CERTAINLY CONCUR WITH YOU THAT THE STATES SHOULD ACT
VIGOROUSLY, JUST AS THE FEDERAL GOVERNMENT SHOULD.
MR. DANNEMEYER. THANK YOU.
MR. ECKHARDT. MR. MAGUIRE?
MR. MAGUIRE. THANK YOU, MR. CHAIRMAN.
I ALSO WANT TO COMPLIMENT MR. GORE FOR HIS LEADERSHIP ON THIS ISSUE.
I HAVE BECOME AWARE THAT APPARENTLY THERE HAVE BEEN SOME MAJOR CUTBACKS
INSIDE EPA WITH RESPECT TO THE NUMBER OF HAZARDOUS WASTES WHICH ARE TO
BE REGULATED BY LAW. THEY ARE DOING THIS BY REDEFINING CONGRESSIONAL
INTENT, IT APPEARS TO ME. THEY ARE SAYING THAT THEY ARE NOT GOING TO DO
ANYTHING IN MANY AREAS THAT WOULD BE OF CONCERN TO US BECAUSE THEY DO
NOT HAVE A RELATIVELY SIMPLE, WELL-ACCEPTED TEST OR DESCRIPTION TO
RELIABLY IDENTIFY ALL WASTES IN CERTAIN CATEGORIES.
THE OTHER THREAD HERE SEEMS TO BE THIS. THERE IS PRESSURE INSIDE EPA
AS A RESULT OF THE FIGHT AGAINST INFLATION FROM THE PRESIDENT'S ECONOMIC
ADVISERS NOT TO TAKE ON MORE THAN THEY CAN HANDLE.
I WONDER IF YOU MIGHT COMMENT ON THAT IN LIGHT OF THE PRESENT DEBATE
IN THE COUNTRY ABOUT REGULATIONS WHICH CLEARLY ARE NEEDED IF WE ARE
GOING TO DEAL WITH THIS KIND OF INCREDIBLE SITUATION IN NEW YORK VERSUS,
ON THE OTHER HAND, THE THEORY THAT WE CAN HELP
MR. GORE. IT IS TRUE THAT BECAUSE OF THE KINDS OF STANDARDS WHICH
HAVE BEEN PROPOSED BY EPA CERTAIN HAZARDOUS WASTES WOULD BE EXCLUDED
INCLUDING SOME WITH THE PROPERTIES OF RADIOACTIVITY, MUTAGENICITY,
BIOACCUMULATION, AND SOME OTHER FACTORS WHICH I THINK SHOULD BE INCLUDED
WITHIN THE DEFINITION OF HAZARDOUS WASTE.
AS TO WHY THE EPA HAS NOT ACTED MORE VIGOROUSLY, I THINK THERE ARE
SEVERAL REASONS. BY WAY OF PREFACE, LET ME SAY THAT THEY HAVE BEEN VERY
RESPONSIVE IN SPECIFIC SITES. MR. WIRTH ALLUDED TO THEIR RESPONSE IN
DENVER. MR. FLORIO ALLUDED TO THEIR RESPONSE IN A COUPLE OF OTHER
AREAS. I WOULD LIKE TO COMPLIMENT THEM ON WHAT THEY HAVE DONE IN TOONE,
TENN.
HOWEVER, THEY SIMPLY HAVE NOT DONE NEARLY ENOUGH. THE FIRST THING
THEY SHOULD DO IS FIND OUT WHERE THE SITES ARE SO THAT PEOPLE CAN BE
WARNED OF THE THREATS THEY ARE FACING.
HAZARDOUS WASTE DISPOSAL
TESTIMONY OF GORE A
RE: UNSATISFACTORY OPERATION OF HOOKER DISPOSAL SITE, TOWN OF NIAGARA, 710730
790321
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GORE A CONGRESSMAN, T N
GEDEON E R ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
U.S. HOUSE OF REPRESENTATIVES
NIAGARA COUNTY HEALTH DEPARTMENT
109341
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TRANSCRIPT
CORRESPONDENCE
AS TO WHY THEY HAVE NOT, I THINK ONE OF THE REASONS IS THAT THIS IS A
NEW PROGRAM WHICH WAS GIVEN TO EPA AT A TIME WHEN THEY WERE ALSO GIVEN
BUDGET CEILINGS AND PERSONNEL CEILINGS. BECAUSE OF SOME UNNAMED
BUREAUCRATIC LAW, IN A SITUATION SUCH AS THAT OF THE NEW KID ON THE
BLOCK OR THE NEW PROGRAM TO BE GIVEN TO THE AGENCY IS SLIGHTED AND IS
NOT GIVEN THE RESOURCES THAT IT SHOULD BE GIVEN.
AS TO WHAT ROLE THE INFLATION CONCERNS HAVE PLAYED, I HAVE HEARD THE
SAME REPORTS THAT YOU HAVE HEARD. I KNOW THAT THE REVIEW GROUP THAT
ASSESSES THE INFLATIONARY IMPACT OF NEW REGULATIONS ON THE COST OF DOING
BUSINESS HAS LOOKED VERY CLOSELY AT THESE PROPOSED REGULATIONS. THERE
ARE REPORTS THAT THEY HAVE EXPRESSED CONCERN THAT THESE REGULATIONS NOT
BE TOO SWEEPING.
I AGREE WITH YOU, MR. MAGUIRE, THAT SUCH A MOVE WOULD BE PENNY-WISE
AND POUND-FOOLISH. IF YOU LOOK AT THE ENORMOUS EXPENSE OF CLEANING UP
THESE SITES ONCE THEY ARE CREATED AND COMPARE IT TO THE RELATIVELY
MODEST EXPENSE OF DISPOSING OF THE WASTE PROPERLY TO BEGIN WITH, IT IS A
TERRIFIC BARGAIN TO DO IT RIGHT THE FIRST TIME.
MR. MAGUIRE. MY UNDERSTANDING IS THAT THERE WAS A TREMENDOUS CHANGE
BETWEEN LAST MARCH WHEN DRAFT REGULATIONS WERE DRAWN UP ACTUALLY GOING
TO DO ABOUT HAZARDOUS WASTE. IN PARTICULAR SUBSTANCES WHICH CAUSE
CANCER, BIRTH DEFECTS. AND SO ON SIMPLY MAY NOT BE INCLUDED.
MR. GORE. THAT IS CORRECT. THE MAJOR CHANGE BETWEEN THE TWO DRAFTS
OF THE REGULATIONS IS THAT THE FIRST SET FOCUSED ON REQUIRED TESTING OF
THE WASTES TO DETERMINE HOW HAZARDOUS THEY WERE, WHEREAS THE SECOND SET
OF REGULATIONS ADOPTED THE APPROACH OF PRIMARILY LISTING HAZARDOUS
SUBSTANCES OR PROCESSES THAT RESULT IN HAZARDOUS SUBSTANCES BEFOREHAND.
THE JUSTIFICATION FOR THE CHANGE WAS THE EXPENSE OF THE REQUIRED
TESTS WHICH THEY WANTED TO ELIMINATE.
MR. MAGUIRE. MEANWHILE WE WILL HAVE PEOPLE SUCH AS THOSE WITH US
TODAY EXPOSED IN THESE HOMES, THESE PLACES OF BUSINESS, AND THESE PUBLIC
ROADWAYS IN NEW YORK. THEY MAY BE USING THE WATER THAT GOES INTO THE
NIAGARA RIVER IN SOME WAY. WE ARE GOING TO HAVE THOSE PEOPLE EXPOSED,
AS I UNDERSTAND IT, IF MR. JORLING AND HIS PEOPLE ARE NOT BROUGHT UP
SHORT ON THIS MAJOR CUTBACK.
MR. GORE. THAT IS CORRECT.
MR. MOTTL. MAY I ASK ONE ADDITIONAL QUESTION OF THE WITNESS?
MR. EDKHARDT. YES. YOU HAVE NOT YET TAKEN YOUR TIME.
MR. MOTTL. MR. GORE, BECAUSE HOOKER IS STILL IN OPERATION, HOW ARE
THEY DISPOSING OF THEIR WASTE AT THIS TIME?
MR. GORE. I AM NOT SURE THAT I CAN ANSWER THAT QUESTION. THEY HAVE
OTHER SITES INTHE AREA INCLUDING THOSE AT THEIR FACILITY. THEY ARE NOW
DISPOSING OF IT IN A MORE RESPONSIBLE MANNER, AT LEAST THAT IS MY
INFORMATION. THEY ARE TREATING IT MORE BEFOREHAND; THEY ARE
INCINERATING MORE OF IT. THEY HAVE CONSTRUCTED TWO PONDS ON THE HYDE
PARK SITE. THEY HAVE CONSTRUCTED DISPOSAL PONDS ON THE S AREA SITE THAT
WE WILL BE TALKING ABOUT LATER. HOWEVER, MY INFORMATION IS INCOMPLETE
ON THAT POINT.
MR. ECKHARDT. MR. GORE, I HAVE BEEN INTERESTED IN MR. MAGUIRE'S
QUESTIONS. IN KNOW THAT THE RESOURCE CONSERVATION AND RECOVERY ACT WAS
PASSED AT ABOUT THE TIME THAT THE TOXIC SUBSTANCES CONTROL ACT WAS
PASSED. IN BOTH INSTANCES THE EPA WAS GIVEN RESPONSIBILITY.
HAZARDOUS WASTE DISPOSAL
TESTIMONY OF GORE A
RE: UNSATISFACTORY OPERATION OF HOOKER DISPOSAL SITE, TOWN OF NIAGARA, 710730
790321
PART 012 OF 12
GORE A CONGRESSMAN, T N
GEDEON E R ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
U.S. HOUSE OF REPRESENTATIVES
NIAGARA COUNTY HEALTH DEPARTMENT
109342
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HOUSE
TRANSCRIPT
CORRESPONDENCE
CONTROL ACT BECAUSE IT CAME THROUGH THE SUBCOMMITTEE I CHAIRED.
MR. GORE. YOU WROTE IT.
MR. ECKHARDT. AT ANY RATE, THERE IS A PROBLEM IN BOTH OF THESE
CASES. AS I THINK MR. MAGUIRE WAS POINTING OUT, THE ACT IS NEW. THEY
CAME INTO EXISTENCE AT ABOUT THE TIME THERE HAS BEEN A VERY STRONG WAVE
OF FRUGALITY WITH RESPECT TO SUPPORTING AGENCIES. I AGREE WITH YOU THAT
THERE SHOULD HAVE BEEN FACTER ACTION IN BOTH CASES.
ABOUT THE SAME THING HAPPENED WITH TOXIC SUBSTANCES BECAUSE THE
TESTING OF CHEMICALS DOES NOT GO INTO EFFECT -- IN FACT, THE ACT IS NOT
TRIGGERED -- UNTILSUCH TIME AS THERE IS AN INVENTORY OF TOXIC
SUBSTANCES. THAT IS TIED IN CLOSELY TO THIS ACT. IF WE CAN PREVENT THE
TOXIC SUBSTANCES FROM GETTING INTO THE MARKETPLACE IN THE FIRST PLACE,
WE ARE NOT GOING TO HAVE TO CLEAN THEM UP LATER. WE MUST BE A LITTLE
BIT CAUTIOUS ABOUT THIS SITUATION. IF THE POLICEMAN IS BAREFOOTED AND
THE PURSE SNATCHER SNATCHES A PURSE AND RUNS OFF DOWN COBBLESTONES, YOU
DO NOT POINT AT THE POLICEMAN AND SAY, "YOUR ARE AT FAULT." THE MAJOR
FAULT MUST LIE WITH THE PERSON IMPROPERLY HANDLING THE WASTE.
IT IS CERTAINLY TRUE, THOUGH, THAT FOR ONE REASON OR ANOTHER THERE
HAS NOT BEEN SUFFICIENT ALACRITY TO PUT THESE ACTS INTO EFFECT. WE
CERTAINLY DO INTEND TO PROBE THAT QUESTION AND FIND OUT WHERE THE FAULT
LIES. DOES IT LIE WITH THE AGENCY? DOES IT LIE WITH THE AGENCY BECAUSE
THE AGENCY HAS NOT IDENTIFIED THE PROBLEM AND ASKED FOR SUFFICIENT
APPROPRIATION? OR, INDEED, DOES IT LIE WITH USE AS PERSONS WHO
ULTIMATELY PUT UP THE MONEY?
IT SEEMS TO ME WE NEED TO LOOK INTO ALL THOSE QUESTIONS IN THE
PROCESS OF THE HEARING. CERTAINLY THE CHAIR INTENDS TO DO THAT.
MR. GORE. I CERTAINLY WOULD AGREE WITH THE GENTLEMAN THAT THE
PRIMARY RESPONSIBILITY IS WITH THE GENERATORS OF THE WASTE. AS
COMPETITIVE FORCES COMPEL COMPANIES TO CUT CORNERS AND TO PRODUCE THEIR
PRODUCTS AS CHEAPLY AS POSSIBLE, ONE OF THE WAYS THAT THEY CAN SAVE
MONEY IS BY DISPOSING OF IT IMPROPERLY.
IF THE CONGRESS RESPONDS TO THAT SITUATION BY PASSING A LAW AND
WAITS 2 YEARS OVER THEIR DEADLINE TO PUT THE REGULATIONS INTO EFFECT
THEN I THINK AT LEASE SOME OF THE BLAME SHOULD GO TO THE AGENCY.
CERTAINLY THE COMPANIES HAVE THE PRIMARY BLAME.
I WOULD LIKE TO USE ANOTHER METAPHOR IN ADDITION TO YOURS OF THE
THIEF RUNNING DOWN THE STREET. SOME OF THESE COMPANIES ARE TRYING TO
DISCLAIM RESPONSIBILITY BECAUSE THERE HAS BEEN A TRANSFER OF TITLE IN
BETWEEN THE TIME THAT THEY DUMPED AND THAT THE DAMAGE TOOK PLACE. IF
SOMEBODY HAS A BOTTLE OF NITROGLYCERIN AND HANDS IT TO SOMEBODY ELSE ON
THE STREET, EVEN IF THEY TELL THEM IT IS NITROGLYCERIN AND THEN
THATPERSON HANDS IT TO SOMEBODY ELSE AND THERE IS AN EXPLOSION AND
PEOPLE ARE KILLED, I THINK THERE IS SOME LIABILITY THAT SHOULD BE SHARED
BY THE PERSON WHO DISPOSED OF A DANGEROUS SUBSTANCE OF THAT KIND IN THE
FIRST PLACE.
THESE CHEMICALS ARE MORE DANGEROUS THAN NITROGLYCERIN TO HUMAN
BEINGS. IT SEEMS TO ME THE SAME THEORIES OF LAW SHOULD APPLY.
MR. ECKHARDT. MR. GORE, WE PARTICULARLY WANT TO THANK YOU FOR YOUR
EARLY EFFORTS IN THIS AREA AND ALSO FOR LAYING THE GROUNDWORK FOR THE
HEARING THIS MORNING.
MR. GORE. THANK YOU, MR. CHAIRMAN AND MY COLLEAGUES, FOR INDULGING.
MR. ECKHARDT. NEXT WE WILL HAVE A PANEL COMPOSED OF DR. JAMES
DUNLAP, EILEEN JASPER AND HER INFANT DAUGHTER, SUSIE JASPER, AND MR.
FRED ARMAGOST.
WILL ALL OF YOU BE SPEAKING. I ASSUME THAT YOU MAY, AT LEAST IN
COLLOQUY. THEREFORE, I WOULD LIKE ALL YOU TO TAKE THE OATH AT THE SAME
TIME. I THINK WE CAN EXCUSE SUSAN.
DO YOU SWEAR THAT YOU WILL TELL THE TRUTH, THE WHOLE TRUTH, AND
NOTHING BUT THE TRUTH, SO HELP YOU GOD?
MRS. JASPER. I DO.
DR. DUNLAP. I DO.
MR. ARMAGOST. I DO.
MR. ECKHARDT. YOU MAY PROCEED, DR. DUNLAP.
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DR. DUNLAP. CHAIRMAN ECKHARDT, I HAVE BEEN A PEDIATRICIAN IN THE
NIAGARA FALLS AREA AND I HAVE BEEN IN PRIVATE PRACTICE FOR 6 YEARS. FOR
MANY OF THOSE YEARS I HAVE TAKEN CARE OF THE CHILDREN WHO LIVE IN THE
BLOODY RUN DUMP AREA ON BELVEDERE AVENUE. CURRENTLY I HAVE IN MY
PRACTICE EIGHT CHILDREN, SIX OF WHOM ARE THE GRANDCHILDREN OF MR. FRED
ARMAGOST, WHO IS ON MY LEFT. ONE OF THESE YOUNGSTERS IS HERE TODAY,
SUSIE JASPER.
ALL OF THESE CHILDREN IN THIS AREA HAVE PROFOUND RESPIRATORY
ARMAGOSTS. THERE ARE FOUR OTHER ARMAGOST GRANDCHILDREN WHO
DO NOT LIVE IN THE AREA WHO DO NOT HAVE ANYWHERE NEAR THE
INCIDENCE OF MEDICAL PROBLEMS THAT THE CHILDREN WHO LIVE IN THAT
AREA HAVE.
THE CHILDREN HAVE BEEN EXHAUSTIVELY TESTED NOT ONLY BY MYSELF, BUT BY
IMMUNOLOGISTS AND PULMONARY FUNCTION SPECIALISTS AT THE BUFFALO
CHILDREN'S HOSPITAL, WHICH IS THE UNIVERSITY-AFFILIATED HOSPITAL IN
BUFFALO.
WE CAN FIND NO INTRINSIC CAUSES FOR THESE PROBLEMS THAT THE CHILDREN
ARE HAVING. THEY DO NOT HAVE CYSTIC FIBROSYS. THEY DO NOT HAVE ANY
IMMUNE DEFICINECY DISEASES. THEY DO NOT HAVE ANY SIGNIFICANT ALLERGIES.
THEY REQUIRE CONSTANT MEDICAL ATTENTION. THERE IS A LOT OF MORBIDITY
ASSOCIATED WITH THE DISEASE THAT THESE CHILDREN HAVE.
I REALLY FEEL VERY STRONGLY THAT THE CAUSE OF THIS IS EXTRINSIC
RATHER THAN INTRINSIC. I CANNOT EXPLAIN WHY THESE KIDS ARE SO SICK
BASED ON ANY UNDERLYING CONDITIONS THAT THEY HAVE BECAUSE I JUST CANNOT
FIND ONE.
I HAVE ALSO SEEN ONE ADULT IN THE FAMILY, MR. WAYNE ARMAGOST, WHO IS
24, WHO IS THE FATHER OF THREE CHILDREN. MR. WAYNE ARMAGOST HAS
RECENTLY RECEIVED MEDICAL TERMINATION FROM HIS EMPLOYER BECAUSE OF
CHRONIC PULMONARY PROBLEMS. OF ALL THE PEOPLE, HE IS PROBABLY THE MOST
SERIOUSLY AFFECTED AT THE PRESENT TIME.
ARE THERE ANY QUESTION THAT THE COMMITTEE WOULD LIKE TO ASK ME?
TESTIMONY OF DUNLAP J A, ACCOMPANIED BY JASPER E, JASPER S, AND ARMAGOST F
HAZARDOUS WASTE DISPOSAL
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MR. ECKHART. HAVE YOU COMPLETED YOUR TESTIMONY?
DR. DUNLAP. YES.
MR. ECKHARDT. WOULD ANYONE ELSE AT THE TABLE LIKE TO MAKE AN INITIAL
STATEMENT OR SHOULD WE GO TO QUESTIONS AND RESPONSES?
MR. ARMAGOST. I WILL RELY ON THE QUESTIONS.
MR. ECKHARDT. MR. GORE?
MR. GORE. THANK YOU, MR. CHAIRMAN.
I WOULD LIKE TO THANK MR. ARMAGOST FOR GOING DOWN TO THE CREEK
HIS PULMONARY CONDITION. I THOUGHT IT WAS GOING TO KILL HIM
AFTER THE FUMES CAME UP. I KNOW THAT WAS PAINFUL FOR HIM.
I APPRECIATE IT.
MR. ARMAGOST, YOU HAVE BEEN FIGHTING THIS FIGHT FOR A LONG TIME. LET
THE RECORD SHOW YOUR HOUSE IS TO THE RIGHT OF BLOODY RUN CREEK AS YOU
COME OUT FROM THE OTHER SIDE OF GRIEF BROS.
LET ME ASK DR. DUNLAP HOW MANY CHILDREN ARE IN HIS PRACTICE
ALTOGETHER.
DR. DUNLAP. I THINK CURRENLTY SOMEWHERE AROUND 2,400.
MR. GORE. AFTER SEEING ALL THOSE CHILDREN, YOU ARE CONVINCED THAT
THE CHILDREN RIGHT IN THIS IMMEDIATE AREA HAVE PROBLEMS THAT ARE UNIQUE,
IS THAT CORRECT?
DR. DUNLAP. YES; THEY DO.
MR. GORE. YOU HAVE BECOME CONVINCED AFTER EXTENSIVE DIAGNOSTIC WORK
THAT THE CASE IS EXTRINSIC -- THAT IS, ENVIRONMENTAL FACTORS ARE LIKELY
CAUSING THE PROBLEMS THAT THEY HAVE?
DR. DUNLAP. I WOULD THINK SO VERY MUCH.
MR. GORE. MRS. JASPER, COULD YOU TELL ME WHAT KINDS OF PROBLEMS YOUR
CHILD HAS? FIRST OF ALL, HOW OLD IS SUSAN?
MRS. JASPER. SHE WILL BE 2 IN SEPTEMBER.
MR. GORE. WHAT KINDS OF PROBLEMS DOES SHE HAVE?
MRS. JASPER. SHE HAS HAD UPPER RESPIRATORY PROBLEMS. SHE HAS HAD
PNEUMONIA A FEW TIMES. WHEN SHE GETS SICK LIKE THIS, SHE HAS A VERY
DIFFICULT TIME BREATHING. SHE HAS TO HAVE SHOTS OR MEDICATION FOR THIS.
MR. GORE. ARE YOU CONVINCED THAT THE CAUSE OF YOUR CHILD'S ILLNESS
IS THE DISCHARGE FROM THIS LANDFILL?
MRS. JASPER. SOMEWHAT I AM BECAUSE I HAVE NEVER BEEN SICK. I
JUST DO NOT UNDERSTAND WHY MY CHILD IS SICK.
MR. GORE. MR. ARMAGOST, WHAT KIND OF FEELINGS DO YOU HAVE ABOUT WHAT
HAS HAPPENED TO YOUR FAMILY AS A RESULT OF THESE CHEMICALS?
MR. ARMAGOST. DO YOU MEAN MY PERSONAL FEELINGS ABOUT HOOKER OR STATE
AGENCIES? WHAT ARE YOU REFERRING TO?
MR. GORE. ALL OF THE ABOVE, I GUESS. TRYING TO CONTROL THIS. I AM
VERY DISAPPOINTED THAT HOOKER WOULD TAKE THE SITUATION IT HAS.
HOWEVER, I AM NOT CONVINCED HOOKER IS ENTIRELY RESPONSIBLE BECAUSE
THEY WERE ALLOWED TO DUMP. SOME OF THIS MATERIAL WAS NEVER PUT INTO THE
DUMP. IT WAS DUMPED DIRECTLY OVER THE EDGE INTO BLOODY RUN.
AS YOU KNOW PERSONALLY, THIS STUFF IS VERY STRONG. I HAVE 10
CHILDREN, 6 WHO WERE BORN THERE. AT THAT TIME THE PROBLEMS WERE NOT AS
BAD EVEN WITH THE DUMPING GOING ON AS THEY ARE NOW.
MR. GORE. DID THEY PLAY IN THE CREEK?
TESTIMONY OF DUNLAP J A, ACCOMPANIED BY JASPER E, JASPER S, AND ARMAGOST F
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MR. ARMAGOST. YES, ESPECAILLY WAYNE. I HAVE PICTURES WHEN IT WAS
FLOODED. IF ANYONE WANTS TO SEE THEM, I HAVE THEM. WHEN IT FLOODED UP,
WAYNE AND SOME OF THE OTHER BOYS WOULD GO DOWN THERE AND GET ON
INNERTUBES AND FALL OFF. IF THEY WOULD FALL OFF, THEY WOULD JUST SWIM
IN THE STUFF. IT DID NOT MAKE ANY DIFFERENCE.
MR. GORE. WHAT ABOUT YOUR NEIGHBORS? HAVE YOUR NEIGHBORS
EXPERIENCED HEALTH PROBLEMS AS WELL?
MR. ARMAGOST. YES. OUT OF 14 GIRLS WHO WERE RAISED IN THE AREA --
WHEN I SAY RAISED, THEY MAY NOT HAVE BEEN BORN THERE BUT THEY HAD AN
EXTENSIVE PERIOD OF TIME THERE -- OUT OF 13 GREGNANCIES, THERE WERE 8
MISCARRIAGES, 10 UPPER RESPIRATORY PROBLEMS, 1 HEART PROBLEM, AND 2
OTHER BIRTH DEFECTS. I CANNOT TELL YOU WHAT THEY ARE BECAUSE I HAVE NOT
GOTTEN THIS FAR ON IT.
MR. GORE. LET THE RECORD REFLECT THAT THOSE STATISTICS ARE COMPILED
BY YOUR. THIS IS YOUR OWN EFFORT AT GOING AROUND AND TALKING TO YOUR
NEIGHBORS. IT IS NOT A SCIENTIFIC STUDY. IT IS JUST ONE NEIGHBOR GOING
AROUND AND TALKING TO ALL THE HOUSEHOLDS IN THE AREA. IS THAT CORRECT?
MR. ARMAGOST. I TALKED TO THESE PEOPLE PERSONALLY, YES. I THINK
THROUGH DOCTORS' RECORDS AND SO FORTH THERE IS NO PROBLEM OF
VERIFICATION.
THERE ARE TWO OTHER CHILDREN WHO LIVE RIGHT ON THE CORNER OF HYDE
PARK AND SHERMAN AVENUE. ONE IS 8 AND ONE IS 14 NOW. ALL THIS AREA IS
A DUMP AREA AND MORE OR LESS A DRAINAGE AREA,
THE BOY WHO IS 14 WENT INTO CONVULSIONS VERY SHORTLY AFTER THEY MOVED
INTO THE HOUSE. THEY HAVE HAD CONSTANT TROUBLE EVER SINCE. SHORTLY
AFTER BIRTH, THE GIRL WHO IS 8 OBTAINED A HIGH TEMPERATURE AND WENT INTO
CONVULSIONS ALSO.
I WOULD LIKE TO LET IT BE KNOWN THAT I WORKED AT NATIONAL LEAD AND AM
FAMILIAR WITH THAT AREA BEFORE THE DUMP STARTED. FROM JUNE 1950 I
WORKED AT NATIONAL LEAD FOR ABOUT 1 YEAR OR 1 1/2 YEARS.
THERE WAS SOME AREA EAST OF HYDE PARK BETWEEN GRIEF BROS. AND
NATIONAL LEAD THAT WAS A SWAMPY AREA WITH NO TREES. THERE WAS NOTHING
BUT SWAMP GRASS THERE. IT WAS AN AREA OF A MINIMUM OF 3 OR 4 ACRES.
EVEN IN THE DRY SUMMERTINE YOU WOULD GO OUT THERE AND YOU WERE STANDING
IN WATER.
MR. GORE. SO THIS SITE WAS PUT ON A VERY WET, SWAMPY AREA TO BEGIN
WITH?
MR. ARMAGOST. YES, IT WAS.
MR. GORE. INTERNAL DOCUMENTS OF THE COMPANY WILL SHOW THAT THESE
CHARACTERISTICS WERE NOT CONSIDERED WHEN THE SITE WAS CHOSEN.
MR. CHAIRMAN, THOSE ARE THE QUESTIONS I HAVE AT THIS TIME.
MR. ARMAGOST. I WOULD LIKE TO MAKE ONE MORE STATEMENT. I HAVE
KNOWLEDGE OF THIS. ON FEBRUARY 8, 1955, THE TOWN BOARD GAVE BUD WAGNER
PERMISSION TO QUARRY ROCK OFF OF THIS SITE. IT IS ON PAGE 51, A TOWN
MEETING IN 1955. WHETHER THIS WAS EVER DONE, I CANNOT TELL YOU.
MR. GORE. THANK YOU VERY MUCH. THANK YOU AGAIN FOR THE HELP YOU
HAVE GIVEN THIS SUBCOMMITTEE ON OUR VISITS.
MR. ECKHARDT. MR. ARMAGOST, I WOULD LIKE TO FOLLOW THROUGH ON A FEW
OF THESE QUESTIONS?
HOW LONG HAVE YOU LIVED AT THE HYDE PARK SITE AREA?
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MR. ARMAGOST. I HAVE LIVED IN THE AREA SINCE JUNE 1950. I HAVE
LIVED AT THE PRESENT ADDRESS SINCE NOVEMBER 1956.
MR. ECKHARDT. YOU HAVE OBSERVED DUMPING AT THIS SITE. I
MR. ARMAGOST. OTHER THAN HOOKER?
MR. ECHKARDT. YES.
MR. ARMAGOST. THE VEHICLES WERE NOT MARKED WITH ANY MARKINGS.
MR. ECKHARDT. I SEE. BUT THERE WAS DUMPING AT THE SITE?
MR. ARMAGOST. YES, SIR.
MR. ECKHARDT. WHAT DID YOU SEE? DID YOU SEE ANY OPEN TRUCKS WITH
DRUMS OR HALF DRUMS?
MR. ARMAGOST. YES, DRUMS OR HALF DRUMS. THEY WOULD BE DUMPED OFF,
RUN OVER WITH A BULLDOZER, AND COVERED UP.
MR. ECKHARDT. I BELIEVE MR. GORE HAS SAID THAT BLOODY RUN CREEK
PROBABLY GOT ITS NAME FROM SOME KIND OF MASSACRE THAT HAPPENED YEARS
AGO.
MR. ARMAGOST. YES.
MR. ECKHARDT. IT WAS NOT RED AFTER THE MASSACRE, I ASSUME.
MR. ARMAGOST. IT IS NOT RED NOW. IT IS BLACK.
MR. ECKHARDT. IS IT BLACK AT THE PRESENT TIME?
MR. GORE. WOULD THE GENTLEMAN YIELD?
MR. ECKHARDT. YES.
MR. GORE. JUST BEFORE HIS HOUSE AS IT COMES OUT FROM UNDERGROUND
THERE IS SCUM ON THE TOP OF THE WATER THAT IS SO THICK IT LOOKS LIKE
LEATHER. IF YOU PUT A STICK INTO IT AND LIFT IT UP, IT IS THE THICKEST
I HAVE EVER SEEN IN MY LIFE. IT IS UNBELIEVABLE.
MR. ARMAGOST. THE TOP OF THAT IS WASHOUT FROM THE RECENT WORK THAT
WAS DONE ON THE SITE WHERE THE CLAY TOPPING AND SITING WAS PUT ON. THAT
BROWN STUFF IS RECENT CLAY FILLING.
MR. ECKHARDT. WAS THERE ANY TIME DURING THE PERIOD THAT YOU LIVED IN
THE AREA WHEN BLOODY RUN CREEK DID NOT LOOK LIKE IT DOES NOW?
MR. ARMAGOST. YES, SIR. WHEN I FIRST MOVED IN THERE, WHEN I WAS
FIRST IN THE AREA, IT WAS A HUNTING AREA. THERE WAS LIFE IN THE CREEK,
MINNOWS AND BUGS. UP INTO THE MID-1960'S THERE WERE TOADS AND THINGS
ABUNDANT IN THE AREA. THE TOADS ARE NO LONGER THERE. THERE ARE A FEW
FROGS BUT THEY ARE IN ANOTHER SWAMPY
MR. ECKHARDT. MR. GORE SAID HE NOTICED FUMES IN THE AIR. IT THAT
THE CASE AT THE PRESENT TIME?
MR. ARMAGOST. YES.
MR. ECKHARDT. WHEN DID YOU FIRST SMELL FUMES? HAS IT BEEN THAT WAY
SINCE THE BEGINNING?
MR. ARMAGOST. IT HAS BEEN THERE SINCE THE BEGINNING. HOWEVER, IN
THE LATE 1960'S AND EARLY 1970'S IT WAS PROBABLY MORE PRONOUNDED.
MR. ECKHARDT. HAVE YOU HAD HEALTH PROBLEMS AS A RESULT OF BREATHING
THE FUMES?
MR. ARMAGOST. I HAVE UPPER RESPIRATORY CHEST PROBLEMS.
MR. ECKHARDT. WHEN DID THIS BEGIN TO BOTHER YOU?
MR. ARMAGOST. I BELIEVE IT WAS IN THE EARLY 1960'S.
MR. ECKHARDT. HAVE THE FUMES BEEN PARTICULARLY BAD AT ANY TIME
WITHIN THE PAST 3 WEEKS OR SO?
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MR. ARMAGOST. I AM NOT EXACTLY SURE OF THE DATE, BUT ONE NIGHT THEY
WERE PARTICUARLY BAD. THE NEXT DAY TWO OF THE GRANDCHILDREN HAD TO BE
TAKEN TO DR. DUNLAP FOR SHOTS BECAUSE OF RESPIRATORY PROBLEMS.
MR. ECKHARDT. COULD YOU MAKE A STATEMENT ABOUT THAT, DR. DUNLAP?
DR. DUNLAP. I BELIEVE MR. ARMAGOST IS REFERRING TO MARCH 6, FOR A
COUPLE OF DAYS PRIOR TO THAT WE HAD GOTTEN SOME UNSEASONABLY WARM
WEATHER. THE SNOW HAD ALL MELTED AND THE GROUND WAS THAWED. YOU WOULD
ACTUALLY GET MUDDY IF YOU TRIED TO WALK ACROSS YOUR LAWN. WITH THIS
CHANGE IN THE WEATHER I SAW QUITE A FEW CHILDREN FROM THAT AREA WHO WERE
HAVING PROBLEMS WITH WHEEZING AND ASTHMA. THEY REQUIRED ADRENALIN SHOTS
TO HELP OPEN UP THE TINY AIRWAYS PASSAGES IN ORDER TO BREATH BETTER.
MR. ECKHARDT. FROM YOUR OBSERVATION OF THE SITUATION WHICH HAS
EXISTED, CONCERNING FUMES AND THE CONDITIONS OF BLOODY RUN CREEK -- AND
THAT OF COURSE, AS MR. ARMAGOST INDICATED, HAS CHANGED OVER THE YEARS --
FROM YOUR EXPERIENCE AS A MEDICAL PRACTITIONER, THE DUMP SITE AND ITS
MAINTENANCE AND THE DISEASE THAT YOU HAVE EXPERIENCED IN THE AREA?
DR. DUNLAP. OVERALL OR JUST IN THIS PARTICULAR
MR. ECKHARDT. OVERALL.
DR. DUNLAP. WHEN I FINISHED MY RESIDENCY AND SET UP PRACTICE, WHAT I
INITIALLY NOTED WAS THAT I WAS SEEING A LOT OF CHILDREN WITH ALLERGY
PROBLEMS. THE NATIONAL FLOWER OF GRAND ISLAND IS PROBABLY THE RAGWEED
PLANT. IT IS A VERY WIDE, OPEN, FORMER FARMING AREA WHICH HAS A VERY
HIGH POLLEN CONTENT. THEREFORE, I WAS NOT REALLY SURPRISED, BUT I
NOTICED THAT THE SEVERE ASTHMATICS WERE COMING FROM THE NIAGARA FALLS
AREA.
MR. ECKHARDT. THE AREA IN WHICH YOU PRACTICE INCLUDES OTHER AREAS
BESIDES NIAGARA FALLS?
DR. DUNLAP. YES, IT DOES. IT INCLUDES THE TOWNSHIP OF GRAND ISLAND,
WHICH IS A VERY LARGE, FRESHWATER ISLAND IN THE MIDDLE OF THE NIAGARA
RIVER; NIAGARA FALLS; NORTH TONAWANDA; THE TOWN OF TONAWANDA; AND
THE TOWNSHIP OF TONAWANDA. IT IS QUITE A LARGE AREA. PROBABLY THE
TOTAL POPULATION AROUND THAT AREA IS 350,000 OR 400,000 PEOPLE.
MR. ECKHARDT. WOULD THERE BE ANY DIFFERENT SITUATION WITH RESPECT TO
CONTACT WITH ALLERGIES IN NIAGARA FALLS AND OTHER AREAS IN WHICH YOU
PRACTICE?
DR. DUNLAP. YOU WOULD NOT EXPECT ANY HIGHER INCIDENCE OF
ALLERGIES IN THE FALLS AREA NORMALLY IF THERE WERE NO OTHER
FACTORS PREVAILING THAN YOU WOULD IN ANY OTHER SURROUNDING AREAS.
MR. ECKHARDT. DO YOU IN FACT FIND A HIGH INCIDENCE OF RESPIRATORY
COMPLAINTS IN THE NIAGARA FALLS AREA?
DR. DUNLAP. YES, I DO. THEY ARE MORE SEVERE. MOST OF THE CHILDREN
WHO HAVE BEEN HOSPITALIZED HAVE BEEN HOSPITALIZED FOR RESPIRATORY
PROBLEMS AND THEY HAVE COME FROM THE FALLS AREA. THIS YOUNG LADY HERE
HAD BEEN IN CHILDREN'S HOSPITAL THREE TIMES.
PIECING THIS TOGETHER, ORIGINALLY I STARTED LOOKING AT IT AND
AN AREA BETWEEN 56TH STREET AND THE SUMMIT MALL, WHICH IS THE
LA SALLE AREA OF NIAGARA FALLS. AS IT TURNED OUT, THAT IS WHERE
THE LOVE CANAL AREA WAS.
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AFTER THIS BECAME PUBLICIZED, PEOPLE WOULD START VOLUNTEERING
INFORMATION SUCH AS, "DOCTOR, I NEVER REALLY THOUGH IT WAS SIGNIFICANT
BUT I USED TO LIVE THERE."
ONE FAMILY LIVED WAY OUT IN THE TOWN OF NIAGARA. I NEVER COULD
UNDERSTAND WHY THIS CHILD WAS HAVING SUCH RESPIRATORY PROBLEMS.
THE ONLY ACUTE LEUKEMIC CHILD THAT I HAVE IN MY PRACTICE IS A LITTLE
BOY WHO LIVES IN RANSOMVILLE, WHICH IS A VERY RURAL COMMUNITY WAY OUT IN
NIAGARA COUNTY. THIS LITTLE BOY LIVED IN A BASEMENT IN LOVE CANAL FOR 3
1/2 YEARS.
IT JUST SEEMS THAT THERE ARE A LOT OF HEALTH PROBLEMS IN THE FALLS
THAT CANNOT BE EXPLAINED ON A MEDICAL BASIS AT THIS TIME.
MR. ECKHARDT. MRS. JASPER, HOW LONG HAVE YOU LIVED IN THIS AREA?
MRS. JASPER. ALL MY LIFE, 20 YEARS.
MR. ECKHARDT. I NOTICE THAT MR. ARMAGOST SAID THAT SINCE THE EARLY
1960'S HE HAD NOTICED MORE DIFFICULTY WITH HIS HEALTH AND WITH HIS
RESPIRATORY AILMENTS.
HAVE YOU HAD ANY RESPIRATORY TROUBLE?
MRS. JASPER. NO, I HAVE NOT HAD ANY RESPIRATORY PROBLEMS.
MR. ECKHARDT. HOW MANY OF YOUR CHILDREN HAVE HAD TROUBLE, IF ANY?
MRS. JASPER. MY CHILDREN? I ONLY HAVE ONE. I LOST A BABY LAST
YEAR?
MR. ECKHARDT. WHEN WAS THAT?
MRS. JASPER. IN OCTOBER OF LAST YEAR.
MR. ECKHARDT. I HATE TO PROBE TOO MUCH INTO THAT, BUT WHAT WAS THE
CAUSE?
MRS. JASPER. I DO NOT KNOW. THEY NEVER TOLD ME.
MR. ECKHARDT. DR. DUNLAP, ARE YOU FAMILIAR WITH OTHER MEMBERS OF THE
FAMILY OF WAYNE ARMAGOST?
DR. DUNLAP. YES, I AM
MR. ECKHARDT. ARE THERE ANY OTHER MEMBERS OF THAT FAMILY WHO
DR. DUNLAP. THE MEMBERS OF THE FAMILY WHO HAVE HAD RESPIRATORY
PROBLEMS HAVE BEEN WAYNE'S THREE CHILDREN - FREDDIE, WHO IS 4, STEPHANIE
IS 2, AND MICHELLE, WHO IS 9 MONTHS. THEY ALL WHEEZE. THEY ALL HAVE A
LOT OF RECURRING UPPER RESPIRATORY PROBLEMS.
THIS YOUNG LADY, SUSIE, WHO IS WAYNE'S NIECE, HAS RESPIRATORY
TROUBLES. WAYNE'S SISTER CHERYL HAS TWO CHILDREN WHO WHEEZE, BILLY AND
LISA.
MR. ECKHARDT. WHAT ABOUT WAYNE HIMSELF?
DR. DUNLAP. WAYNE HAS VERY SERIOUS PULMONARY PROBLEMS.
MR. ECKHARDT. WHEN DID THEY COMMENCE?
DR. DUNLAP. WHEN DID I FIRST SEE THE ARMAGOST
MR. ECKHARDT. WHEN DID THE RESPIRATORY PROBLEMS OF MR. WAYNE ARMAGO
COMMENCE?
DR. DUNLAP. HE HAD THEM ON MY FIRST CONTACT WITH HIM, WHICH WAS IN
JANUARY 1975 WHEN I FIRST STARTED TAKING CARE OF FREEDIE, WHO WAS THEN 5
MONTHS OLD.
MR. ECKHARDT. HAVE ANY OF THE ARMAGOSTS BEEN TESTED FOR ALLERGIES?
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DR. DUNLAP. TWO OF THEM HAVE BEEN - WAYNE AND FREEDIE. THEY HAD
MINOR REACTIONS TO POLLENS SUCH AS GRASS, TIMOTHY GRASS, RYEWEED, AND SO
ON. IT WAS NOTHING THAT YOU WOULD NORMALLY GET VERY EXCITED ABOUT BUT
BECAUSE OF THE MORBIDITY INVOLVED WE DID TRY HYPERSENSITIZATION ALLERGY
SHOTS ON BOTH OF THEM. BOTH SHOWED ABSOLUTELY NO EFFECT AT ALL. THE
CONCLUSION FROM THIS WOULD BE THAT THE ALLERGIC COMPONENT IS NOT WHAT IS
CAUSING THE HIGH MORBIDITY.
MR. ECKHARDT. HAVE YOU CONSULTED ANY OTHER SPECIALISTS?
DR. DUNLAP. YES, I HAVE. THE CHILDREN HAVE SEEN DR. PARK WHO IS AN
IMMUNOLOGIST AT CHILDREN'S HOSPITAL. DR. GARY CROP WHO IS A PULMONARY
SPECIALIST AT CHILDREN'S HOSPITAL HAS SEEN SEVERAL OF THE CHILDREN. DR.
JOHN VANCE WHO IS AN ADULT PULMONARY SPECIALIST HAS SEEN WAYNE ARMAGOST.
IT WAS FOLLOWING HIS GREAT LAKES CARBON BECAUSE THE PARTICLES IN THE
AIR WHERE HE WORKED WERE EXACERBATING OR WORSENING HIS CONDITIONS. HE
CANNOT WORK IN ANY ENVIRONMENT THAT IS DIRTY OR DUSTY.
MR. ECKHARDT. COULD YOU STATE WHETHER OR NOT THERE ARE ANY OTHER
SPECIFIC EXAMPLES OF CHILDREN IN OTHER FAMILIES WHO HAVE HAD SIMILAR
OCCURRENCES?
DR. DUNLAP. THE ONLY OTHER CHILDREN I HAVE HAD CONTACT WITH ARE THE
CHILDREN OF MRS. BETTY TUTTLE. SHE HAS LIVED IN THE AREA FOR
APPROXIMATELY 2 OR 2 1/2 YEARS. SHE HAS SEVERAL OLDER TEENAGE CHILDREN
AND THEN HAS A LITTLE BOY WHO IS ABOUT 5 YEARS OLD AND A LITTLE GIRL WHO
IS 9 MONTHS. THE LITTLE BOY HAS HAD A LOT OF COLDS.
THE LITTLE GIRL HAS RESPIRATORY PROBLEMS VERY SIMILAR TO THE ARMAGOST
CHILDREN. SHE HAS ALREADY BEEN EVALUATED AND, LIKE THE OTHER CHILDREN,
HAS ABOSLUTELY NORMAL IMMUNE FUNCTIONS AND A NORMAL SWEAT TEST. IN
OTHER WORDS, SHE DOES NOT HAVE CYSTIC FIBROSIS. SHE HAS AN
IMMUNOGLOBULIN E LEVEL OF ZERO, WHICH PREDICTABLY MEANS THAT SHE DOES
NOT HAVE ALLERGIES NOW AND PROBABLY NEVER WILL. YET SHE HAS ALL THESE
PROBLEMS.
WHERE DO YOU GO FROM A MEDICAL STANDPOINT? I TRAET THE CHILDREN
SYMPTOMATICALLY WITH MEDICATIONS TO HELP THEM BREATH BETTER. IN MOST
CASES WHEN I SEE CHILDREN WHO DO NOT COME FROM THESE AREAS, WE HAVE A
CAUSE. WE MAY HAVE A HIGHLY POSITIVE ALLERGY TEST OR THE CHILD MAY HAVE
SOME UNDERLYING MEDICAL PROBLEM SUCH AS AN IMMUNODEFICIENCY DISEASE OR
PERHAPS CYSTIC FIBROSIS. WE HAVE LOOKED FOR THESE AND WE CANNOT FIND
THEM IN THESE PEOPLE. YET THEY ALL HAVE SIMILAR SYMPTOMS.
THE CHILDREN I HAVE TAKEN CARE OF FROM THE LOVE CANAL AREA HAVE
PRIMARILY RESPIRATORY DIFFICULTIES. THIS IS LEADING ME TO BELIEVE THAT
THE ENVIRONMENT IS A BIG FACTOR IN WHAT IS GOING ON IN THESE FAMILIES.
MR. ECKHARDT. I ASSUME YOU ALSO HAVE HAD EXPERIENCE IN YOUR MEDICAL
TRAINING AND RESIDENCY IN OTHER PLACES AND HAVE TO THE PECULIAR
CIRCUMSTANCES OF THE NIAGARA AREA, HAVE YOU NOT?
DR. DUNLAP. YES; I HAVE.
MR. ECKHARDT. DO YOU SEE ANY DIFFERENCE BETWEEN THE TWO SITUATIONS?
DR. DUNLAP. YES; IN THE SENSE THAT IN THE OTHER SITUATIONS WE HAVE
BEEN ABLE TO COME UP WITH A DIAGNOSIS AND HAVE BEEN ABLE TO SAY, YES,
THIS CHILD HAS THIS DISEASE AND THIS IS HOW WE WILL TREAT IT.
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MICROFORM REFILMED; SEE APPENDICES.
THE CHILDREN IMPROVE. YOU ARE GOING TO POSITIVELY AFFECT THE QUALITY
OF LIFE.
HOWEVER, I HAVE BEEN HAVING EXTRAORDINARY DIFFICULTIES EVEN PUTTING A
DENT IN THE INCIDENCE OF MORBIDITY WITH THESE KIDS IN THIS AREA.
MR. ECKHARDT. MR. DANNEMEYER?
MR. DANNEMEYER. THANK YOU.
DR. DUNLAP, HAVE YOU DISCUSSED THIS MATTER WITH THE PUBLIC HEALTH
AUTHORITIES IN YOUR COUNTY?
DR. DUNLAP. I AM TECHNICALLY IN ERIE COUNTY. I AM JUST OVER THE
COUNTY LINE. YES; I SENT A LETTER TO THE NIAGARA COUNTY HEALTH
COMMISSIONER IN OCTOBER OF 1978. I HAVE NOT HEARD ANYTHING FROM HIM
YET.
MR. DANNEMEYER. HAVE YOU DISCUSSED THIS WITH AN EPIDEMIOLOGIST KNOWN
TO YOU?
DR. DUNLAP. I HAVE DISCUSSED THIS SITUATION WITH DR. NICHOLAS VIENN
WHO IS THE HEAD OF THE BUREAU OF OCCUPATIONAL HEALTH AND SAFETY IN THE
NEW YORK STATE HEALTH DEPARTMENT. WE ARE ATTEMPTING TO SET UP A STUDY
AT THE PRESENT TIME USING SOME OF THE NORMAL CHILDREN IN MY PRACTICE AND
ALSO SOME OF THE ASTHMATIC CHILDREN WHO DO NOT LIVE IN THESE AREAS TO
SEE WHAT THE DIFFERENCE IS.
MR. DANNEMEYER. IF YOU CAN, I WOULD APPRECIATE YOUR ANSWERING THIS
QUESTION YES OR NO. DO YOU BELIEVE IT IS A REASONABLE MEDICAL
PROBABILITY THAT THE MALADY YOU HAVE TREATED IN THIS CHILD APPROXIMATELY
WAS CAUSED BY A SUBSTANCE, FLUID OR GASEOUS, THAT CAME FROM THE LANDFILL
SITE KNOWN AS THE LOVE CANAL SITE?
DR. DUNLAP. THE ARMAGOST CHILDREN?
DR. DUNLAP. YOU MEAN THE BLOODY RUN SITE?
MR. DANNEMEYER. THE BLOODY RUN SITE.
DR. DUNLAP. YES; I DO.
MR. DANNEMEYER. HAS A LAWSUITE BEEN FILED AGAINST SOMEBODY IN THE
AREA? DR. DUNLAP. I BELIEVE MR. ARMAGOST HAS FILED A SUITE AGAINST THE
TOWN OF NIAGARA AND THE TOWN OF LEWISTON.
MR. DANNEMEYER. HOW LONG AGO WAS THAT LAWSUIT FILED?
MR. ARMAGOST. LATE IN THE WINTER.
MR. DANNEMEYER. IN THE WINTER OF 1978?
MR. ARMAGOST. YES.
MR. DANNEMEYER. THANK YOU.
MR. ECKHARDT. JUST TO COMPLETE THE RECORD, I WOULD LIKE YOU TO LOOK
AT A COPY OF THE LETTER THAT I HAND YOU. IS THAT THE ONE WHICH YOU
IDENTIFY AS YOUR LETTER TO DR. FRANCIS J. CLIFFORD, THE COMMISSIONER OF
THE HEALTH DEPARTMENT OF NIAGARA COUNTY, DATED OCTOBER 6, 1978, BRINGING
THIS MATTER TO THE ATTENTION OF THOSE AUTHORITIES?
DR. DUNLOP. I AM THE ONLY PERSON I KNOW WHO CAN SIGN MY NAME AS
BADLY AS I DO. YES; THIS IS MY LETTER.
MR. ECKHARDT. WITHOUT OBJECTION, THE LETTER WILL BE ENTERED INTO THE
RECORD AT THIS TIME.
(THE LETTER REFERRED TO FOLLOWS.)
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MICROFORM REFILMED; SEE APPENDICES.
ATTACHMENT 1
OCTOBER 6, 1975
DR. FRANCIS J. CLIFFORD, COMMISSIONER HEALTH DEPARTMENT, NIAGARA
COUNTY 5467 UPPER MOUNTAIN ROAD LOCKPORT, NEW YORK 14094
IT HAS COME TO MY ATTENTION THAT THE CREEK KNOWN AS BLOODY RUN, THE
TRAVERSE THRU THE PROPERTY OF THE FRED ARMAGOST FAMILY LIVING AT 477
BELVEDERE AVENUE, NIAGARA FALLS, NEW YORK 14302. MR. ARMAGOST, HIS SON,
WAYNE, AGE 24, WAYNE'S WIFE, BARBARA, AND FOUR OF HIS GRANDCHILDREN ALL
LIVE ON THIS PROPERTY AND ALL HAVE SEVERE UPPER RESPIRATORY PROBLEMS.
EACH OF THE GRANDCHILDREN HAS HAD PROBLEMS SINCE RETURNING HOME FROM THE
NEWBORN NURSERY FOLLOWING BIRTH.
AS YOU KNOW, HOOKER CHEMICAL HAS RECENTLY ADMITTED TO DUMPING HIREX
INTO THE BLOODY RUN CREEK. IN ADDITION, HOOKER HAS BEEN DUMPING VARIOUS
CHLORIDE COMPOUNDS IN THE CREEK; THESE LATTER CHEMICALS ARE KNOWN TO BE
HIGHLY TOXIC TO THE RESPIRATORY TRACT. DYUNG PARK, PROFESSOR OF
PEDIATRICS AND IMMINOLOGY AT BUFFALO CHILDREN'S HOSPITAL, AND WE
TOGETHER CANNOT EXPLAIN THE HIGH INCIDENCE OF RESPIRATORY DISEASE IN
THIS FAMILY ON ANY OTHER THAN EXTRINSIC CAUSES.
I HAVE DISCUSSED THE SITUATION WITH DR. LAVERNE CAMPBELL OF THE STATE
HEALTH DEPARTMENT AND DR. CAMPBELL FEELS THAT THE SITUATION SHOULD BE
HANDLED INITIALLY BY THE NIAGARA COUNTY HEALTH DEPARTMENT.
WHERE DO WE GO FROM HERE? I'LL LOOK FORWARD TO HEARING FROM YOU
REGARDING THIS MATTER IN THE NEAR FUTURE.
SINCERELY,
JAMES A. DUNLOP, H.R.
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MR. ECKHARDT. MR. LELAND?
MR. LELAND. MR. ARMAGOST, I WOULD LIKE TO COMMEND YOU ON THIS MATTER
BECAUSE MANY TIMES WE CANNOT SOLVE THESE PROBLEMS WITHOUT HELP SUCH AS
YOURS.
TO WHAT EXTENT ARE THERE OTHER FAMILIES IN YOUR COMMUNITY ALARMED
ABOUT THE ADVERSE CIRCUMSTANCES TO WHICH YOU ALLUDE?
MR. ARMAGOST. I REALLY DO NOT KNOW HOW TO PHRASE IT. I AM
MR. LELAND. THEY ARE AFRAID TO SPEAK OUT AGAINST THE PERPETRATORS OF
THESE PROBLEMS ABOUT WHICH YOU TALK?
MR. ARMAGOST. I THINK THIS IS PART OF THE PROBLEM, YES. I AM NOT
SURE WHETHER I AM ANSWERING YOUR QUESTION CORRECTLY OR NOT. I AM AFRAID
THAT THE FINANCIAL STATUS OF SOME OF THE COMPANIES IN THE AREA IS A
FACTOR BECAUSE SOME OF THE COMPANIES DO NOT SPEAK OUT DIRECTLY.
IT WAS THE SAME WITH NIAGARA UNIVERSITY. THE CREEK RUNS NORTHERLY
AND THEN TAKES A WESTERLY DIRECTION. THERE ARE OPEN MANHOLES ALONG WHAT
IS KNOWN AS UNIVERSITY DRIVE. I AM SURE THE STUDENTS AT NIAGARA
UNIVERSITY HAVE BEEN SUBJECTED TO SOME OF THESE TOXIC FUMES.
MR. LELAND. THE STUDENTS HAVE BEEN?
MR. ARMAGOST. YES; I AM SURE THEY HAVE BEEN.
MR. LELAND. MANY OTHER PEOPLE WHO LIVE IN THAT COMMUNITY WORK FOR
PEOPLE WHO ARE POSSIBLY THE PERPETRATORS OF THE PROBLEM. IS THAT
CORRECT?
MR. ARMAGOST. YES. IT COULD BE A FACT.
MR. LELAND. MANY OF THEM WOULD PROBABLY BE AFRAID TO TESTIFY BEFORE
A SUBCOMMITTEE SUCH AS THIS OR TO EVEN SAY ANYTHING IN OUTRAGE AGAINST A
COMPANY BECAUSE THEY MIGHT FEAR LOSING THEIR JOBS. WOULD THAT BE A
REASONABLE ASSUMPTIONS?
MR. ARMAGOST. I AM NOT SURE. I CANNOT SAY THAT FOR SURE. I KNOW
THERE HAVE BEEN PEOPLE WHO DO SPEAK OUT. THEY JUST DO NOT PUSH THIS
SUBJECT ENOUGH TO GET ANYTHING DONE ABOUT IT.
MR. LELAND. IS IT BECAUSE THEY DO NOT BELIEVE THERE IS A DEEP
SEVERITY OF THE PROBLEM AND MAYBE THEIR PARTICULAR FAMILIES HAVE NOT
BEEN HURT YET?
MR. ARMAGOST. I WOULD HAVE TO SAY YES BECAUSE IN MY OWN CASE A FEW
YEARS AGO I WAS NOT REALLY CONVINCED THERE WAS ANYTHING TOXIC OTHER THAN
SMELLING IT. UNTIL IT WAS EVALUATED AND THE ANALYSIS WAS MADE KNOWN OF
WHAT WAS TOXIC IN THE CREEK AREA, I AM AFRAID I WAS NOT ALARMED TOO MUCH
ABOUT IT. HOWEVER, NOW I AM DAMMED MAD THAT THERE WAS NOT SOMETHING
DONE ABOUT IT.
MR. LELAND. YOU HAVE BEEN HURT A LOT BY THIS?
CHILDREN, MY GRANDCHILDREN.
MR. LELAND. YOU HAVE TALKED TO A LOT OF PEOPLE IN THE COMMUNITY?
MR. ARMAGOST. YES; I HAVE.
MR. LELAND. DR. DUNLAP, I WOULD LIKE TO ASK YOU SOME QUESTIONS. HOW
INVOLVED IS THE MEDICAL COMMUNITY WITH THIS PROBLEM FROM A PROFESSIONAL
POINT OF VIEW?
DR. DUNLAP. IT IS HARD TO SAY. I KNOW I HAVE BEEN INVOLVED IN THE
PROBLEM. AS YOU MAY OR MAY NOT BE AWARE, I AM ALSO THE MEDICAL DIRECTOR
FOR THE NIAGARA FALLS BOARD OF EDUCATION.
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ONE OF THE SCHOOLS IN THE NIAGARA FALLS DISTRICT SET ASTRIDE THE LOVE
CANAL, SO I WAS VERY CLOSELY INVOLVED. WHEN THE LOVE CANAL SITUATION
BROKE OPEN, WE HAD A BRAND NEW SUPERINTENDENT WHO HAD JUST ARRIVED FROM
LONG ISLAND WHO KNEW NOTHING ABOUT IT. I HAD TO DO A LOT OF CLOSE
LIAISON WORK WITH THE HEALTH DEPARTMENT.
I DO NOT THINK THERE HAS BEEN A LOT OF CLOSE HAND-IN-HAND WORKING
BETWEEN THE DOCTORS, THE COMMUNITY, AND THE NEW YORK STATE HEALTH
DEPARTMENT, BUT I REALLY HAVE NO KNOWLEDGE AS TO WHAT OTHER PHYSICIANS
ARE DOING. IN PART THAT IS BECAUSE I BELONG TO THE ERIE COUNTY MEDICAL
SOCIETY AND MOST OF THE PHYSICIANS IN THE FALLS AREA, JUST 2 MILES AWAY,
BELONG TO THE NIAGARA COUNTY MEDICAL SOCIETY. IT IS REALLY SOMEWHAT OF
A BARRIER. I DO NOT HAVE THAT MUCH CONTACT WITH MY COLLEAGUES IN THAT
COUNTY.
MR. LELAND. EVEN WITH LIMITED CONTACTS, HAVE YOU COMMUNICATED SOME
OF THE PROBLEMS AND THE SEVERITY OF THESE PROBLEMS TO SOME OF THE NEW
PHYSICIANS IN THE AREA?
DR. DUNLAP. I HAVE COMMUNICATED SOME OF MY FEELINGS AND FINDINGS
THROUGH THE NEW YORK STATE HEALTH DEPARTMENT. THE NEW YORK STATE HEALTH
DEPARTMENT DID ARRANGE SEVERAL MEETINGS WITH THE NIAGARA COUNTY MEDICAL
SOCIETY TO CONVEY INFORMATION ABOUT THE LOVE CANAL SITUATION TO
PHYSICIANS IN THE AREA REGARDING WHOM THEY COULD CALL, WHAT TESTS COULD
BE DONE, HOW THE TESTS WOULD BE REPORTED BACK TO THEM, AND WHAT SHOULD
BE DONE TO
MR. LELAND. THANK YOU, DOCTOR. LET ME COMMEND YOU FOR YOUR COURAGE.
YOU ARE SOMEWHAT OF AN UNUSUAL DOCTOR WITH WHOM I HAVE COME IN CONTACT.
I APPRECIATE THAT.
MR. ARMAGOST. I WOULD LIKE TO ASK YOU ONE FINAL QUESTION. WHY IS IT
YOU WOULD STAY IN A COMMUNITY THAT WOULD HURT YOUR FAMILY SO MUCH?
MR. ARMAGOST. IT IS ALMOST IMPOSSIBLE TO MOVE IF YOU HAVE A PLACE
PAID FOR. YOU CANNOT FIND ANOTHER ONE. YOU CANNOT FINANCE ANOTHER
PLACE.
MR. LELAND. SO YOU HAVE TO SUFFER THE LIABILITY FOR WHAT HAPPENS TO
YOUR FAMILY BECAUSE IT IS UNAFFORDABLE FOR YOU TO MOVE?
MR. ARMAGOST. I CANNOT SEE ANY WAY I COULD.
MR. LELAND. I WOULD HAVE ASKED THIS QUESTION OF MRS. JASPER, BUT
MAYBE YOU CAN ANSWER IT. HOW IS SHE ABLE TO PAY FOR THE TREATMENT OF
HER CHILD WITH ALL THE PROBLEMS THAT SHE HAS?
MR. ARMAGOST. SHE HAS BEEN ON STATE ASSISTANCE, BUT I THINK SHE OWES
DR. DUNLAP A GOOD DEAL OF MONEY. I KNOW HE HAS A SPECIAL RATE FOR HER.
I AM SURE SHE STILL OWES HIM SOME MONEY.
MR. LELAND. THANK YOU VERY MUCH.
MR. ECKHARDT. MR. MAGUIRE?
MR. MAGUIRE. THANK YOU, MR. CHAIRMAN.
I GATHER, DOCTOR, THAT MOST OF THE CONCERN ABOUT HOW THE DANGER MAY
BE TRANSMITTED HAS FOCUSED IN FUMES FROM THE LANDFILL. I WOULD LIKE TO
ASK YOU ABOUT THE WATER SUPPLY. WHERE DO PEOPLE IN THESE HOMES GET
THEIR WATER?
DR. DUNLAP. THERE ARE NO SEWERS IN THIS AREA. PEOPLE GET THEIR
WATER SUPPLY FROM WELLS.
MR. MAGUIRE. FROM WELLS SUNK INTO THE GROUND?
DR. DUNLAP. YES. MY PERSONAL FEELING WOULD BE THAT THE FUMES ARE
NOT AS MUCH A FACTOR AS LEACHATE. WHERE THE EVIDENCE THAT WE HAVE IN
OTHER INSTANCES SUGGEST THAT SOME OF THESE CHEMICALS -- FIVE OF THE
CHEMICALS THAT ARE KNOWN TO HAVE BEEN DUMPED IN THIS SITE ARE KNOWN
CANCER-CAUSING CHEMICALS. THEY CAN MIGRATE UNDER THE GROUND THROUGH THE
GROUNDWATER. ISN'T THAT SO?
DR. DUNLAP. YES; THEY CAN.
MR. MAGUIRE. I ALSO UNDERSTAND THAT IN SOME OF THE WORKPLACES THERE
THE WATER SUPPLY HAS BEEN DISCOLORED AND HAS SMELLED BADLY FOR DAYS AT A
TIME. HAVE YOU HEARD SUCH REPORTS?
DR. DUNLAP. YES; I HAVE. ON A HEARSAY BASIS I HAVE. I HAVE HEARD
THAT FROM FATHERS WHO WORK IN THE INDUSTRIAL PLANTS IN THE AREA. WHEN
THEY COME IN THEY WILL METION THAT THEY SAY THIS ABOUT THE LOVE CANAL.
THEY WILL SAY, "YOU KNOW, I WORK AT SUCH AND SUCH A PLACE AND WE GET
THESE TERRIBLE FUMES ALL THE TIME."
MR. MAGUIRE. WHAT ABOUT THE HOMEOWNERS? HAVE THERE BEEN REPORTS OF
STRANGE TASTING OR SMELLING WATER IN ANY OF THE HOMES?
DR. DUNLAP. EVERYBODY WHO DRINKS IN NIAGARA FALLS SCRUNCHES UP THEIR
NOSES AND SAY, "MY GOD, WHAT IS IN THIS STUFF?" IT DOES TASTE VERY
PECULIAR. IN PART I THINK THAT IS BECAUSE OF THE HIGH CHLORINE CONTENT
IN THE WATER SUPPLY OF THE CITY OF NIAGARA FALLS. WE ALSO HAVE A LOT OF
SULPHITE IN OUR WATER WHICH HAS TO BE TAKEN OUT BEFORE THE WATER CAN BE
CONSIDERED POTABLE.
MR. MAGUIRE. THANK YOU VERY MUCH, MR. CHAIRMAN.
MR. ECKHARDT. THANK YOU VERY MUCH. I WANT TO COMPLIMENT YOU ALL. I
WAS PARTICULARLY IMPRESSED AND REALLY TOUCHED BY TESTIMONY WITH RESPECT
TO THE MANNER IN WHICH THESE CHILDREN HAVE BEEN TREATED AND THE
SITUATION RESPECTING THEIR FEES. THANK YOU VERY MUCH, DOCTOR. WE
APPRECIATE YOU HUMANITY AND YOUR CANDOR. THANK YOU ALL.
THE NEXT PANEL WILL CONSIST OF A NUMBER OF UNION REPRESENTATIVES:
MR. CLIFTON VAN EPPS, MR. DENNIS VIRTUOSO, AND MR. CARL SABEY.
I REGRET THAT THE HONORABLE JOHN J. LAFALCE, WHO WAS TO INTRODUCE YOU
AND WHO COULD DO SO MUCH BETTER THAN I CAN, WAS CALLED TO NEW YORK. I
KNOW HE HAS BEEN VERY, VERY MUCH CONCERNED WITH THIS PROBLEM IN THE
AREA. I AM SORRY HE CANNOT BE HERE. HE TOLD ME HOW SORRY HE WAS NOT TO
BE HERE TO INTRODUCE YOU TODAY.
WILL EACH OF YOU TAKE THE OATH? DO YOU SOLEMNLY SWEAR TO TELL THE
TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD?
MR. VIRTUOSO. I DO.
MR. VAN EPPS. I DO.
MR. SABEY. I DO.
MR. ECKHARDT. YOU MAY PROCEED IN YOUR OWN ORDER. WHO WILL SPEAK
FIRST? PLEASE IDENTIFY YOURSELVES FOR THE RECORD.
HAZARDOUS WASTE DISPOSAL
TESTIMONY OF VIRTUOSO D, VAN EPPS C, AND SABEY C
790321
TESTIOMNY OF VAN EPPS C
REPORT ON MEETING WITH OCAW LOCAL 8-778 AND UNITED STEELWORKERS LOCALS 12256 AND 12230, 781211
TESTIMONY OF SABEY C
PART 001 OF 27
VIRTUOSO D PRESIDENT, LOCAL 12256
VAN EPPS C VICE PRESIDENT, LOCAL 8-778
SABEY C PRESIDENT, LOCAL 12230
OLIVER C
LAURIE D
RAABE M STAFF DIRECTOR, SUBCOMMITTEE
MOORE C W VICE PRESIDENT
UNITED STEELWORKERS OF AMERICA
OIL, CHEMICAL AND ATOMIC WORKERS
NATIONAL LEAD TAM DIVISION
U.S. HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND FOREIGN
COMMERCE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
NATIONAL LEAD INDUSTRIES, INC INDUSTRIAL CHEMICALS DIVISION P.O. BOX
700 HIGHTSTOWN, NJ 08520
109354
HEARINGS
HOUSE
TRANSCRIPT
CORRESPONDENCE
REPORT STUDY
MR. VIRTUOSO. ON DECEMBER 7, 1978, THERE WAS A MEETING CALLED BY
OCAW REPRESENTATIVE MR. HENRY SHIRO AND STEELWORKERS' REPRESENTATIVE MR.
JOSEPH SPARICIO. AT THIS MEETING THERE WAS ALSO DR. CHRIS OLIVER.
HAZARDOUS WASTE DISPOSAL
TESTIMONY OF VIRTUOSO D, VAN EPPS C, AND SABEY C
790321
TESTIOMNY OF VAN EPPS C
REPORT ON MEETING WITH OCAW LOCAL 8-778 AND UNITED STEELWORKERS LOCALS 12256 AND 12230, 781211
TESTIMONY OF SABEY C
PART 002 OF 27
VIRTUOSO D PRESIDENT, LOCAL 12256
VAN EPPS C VICE PRESIDENT, LOCAL 8-778
SABEY C PRESIDENT, LOCAL 12230
OLIVER C
LAURIE D
RAABE M STAFF DIRECTOR, SUBCOMMITTEE
MOORE C W VICE PRESIDENT
UNITED STEELWORKERS OF AMERICA
OIL, CHEMICAL AND ATOMIC WORKERS
NATIONAL LEAD TAM DIVISION
U.S. HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND FOREIGN
COMMERCE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
NATIONAL LEAD INDUSTRIES, INC INDUSTRIAL CHEMICALS DIVISION P.O. BOX
700 HIGHTSTOWN, NJ 08520
109355
HEARINGS
HOUSE
TRANSCRIPT
CORRESPONDENCE
REPORT STUDY
THIS MEETING WAS CALLED BECAUSE OF HEALTH PROBLEMS THAT WERE REPORTED
AT NIAGARA STEEL FINISHING, WHICH BORDERS THE HYDE PARK LANDFILL. UNION
OFFICIALS FELT THAT THESE PROBLEMS MAY HAVE BEEN CAUSED BY THIS
LANDFILL. THE REASON WHY NATIONAL LEAD & GREIF BROS. UNIONS WERE
INVITED IS BECAUSE OUR PLANT ALSO BORDER THE CHEMICAL DUMP.
AT THE MEETING DR. OLIVER ASKED US ABOUT ONLY HEALTH PROBLEMS THAT
OUR PEOPLE HAVE HAD. WE GAVE HER THE ILLNESS THAT WE KNEW OF AT THE
TIME. THIS MEETING PROMPTED US TO GO BACK TO OUR PEOPLE AND FIND OUT A
LITTLE MORE ABOUT THE ILLNESSES AND DEATHS WE HAVE HAD.
BEFORE I GET INTO THE ILLNESSES, I WOULD LIKE TO GIVE YOU MORE
SOME OF THESE CHEMICALS ARE: DIOXIN, CHLORO BENZENE, TOLUENE,
HEXACHLOROCYCLOPENTADIENE OR C-56, MIREX, KEPONE, LINDANE,
HEXACHLOROBENZENE, BENZENE, CHLORO TOLUENE, CARBON TETRACHLORIDE,
TRICHLOROPHENOL, TETRACHLOROBENZENE, AND AT LEAST 15 CHLORINATED
HYDROCARBONS.
THESE CHEMICALS ARE VERY TOXIC AND MANY OF THESE WERE FOUND AT THE
LOVE CANAL. MANY RESIDENTS HAVE HAD ILL EFFECTS FROM THESE CHEMICALS.
A VERY IMPORTANT FACT ABOUT THIS DUMP IS THE LAND IT WAS BUILT ON.
THE DUMP WAS BUILT ON A VERY WET AND SWAMPY AREA. AS WE ALL KNOW, THESE
TOXIC CHEMICAL WILL LEACH FASTER THROUGH WET AREAS. THIS WAS PROVEN AT
THE LOVE CANAL AREA. ACCORDING TO REPORTS, THE TOXIC CHEMICALS LEACH
FASTER IN THE SWELL AREAS OF THE CANAL.
WE HAVE HAD THE SAME PROBLEM AT THE HYDE PARK SITE. THE LAND IS VERY
WET AND SWAMPY. ABOUT 50 YARDS FROM THE CHEMICAL DUMP THERE IS A CREEK.
THIS CREEK IS A PRODUCT OF GROUNDWATER AND RUNOFF WATER. MUCH OF THIS
RUNOFF WATER FROM THE DUMP RUNS INTO THIS CREEK. THE NAME OF THIS CREEK
IS BLOODY RUN CREEK, NICKNAMED BECAUSE OF ITS REDDISH COLOR AND ALSO I
GUESS THEY HAD SOMETHING TO WITH THE INDIANS.
THIS CREEK HAS BEEN A PROBLEM WITH US AT GREIF BROS. BLOODY RUN
CREEK RUNS RIGHT UNDERNEATH OUR PLANT THROUGH A SEWER PIPE. THERE IS
ALSO A MANHOLE IN OUR PLANT WHICH IS PART OF THIS SEWER PIPE. WE HAVE
HAD MANY COMPLAINTS ABOUT BAD SMELLS AND FUMES FROM THIS MANHOLE.
COMPLAINTS GOT SO BAD THAT THE COMPANY COVERED THE MANHOLE WITH PLASTIC
BUT THIS WAS TO NO AVAIL AS THE PLASTIC WAS EATEN AWAY. THE COMPANY
THEN PLACED A PIECE OF 16-GAUGE STEEL UNDER THE COVER. WHEN THEY DID
THIS THE SMELL WAS NO LONGER THERE.
IN BETWEEN OUR PLANT AND THE PARKING LOT THERE IS ANOTHER STREAM.
THIS STREAM IS ALSO A PRODUCT OF GROUNDWATER. IT HAS A REDDISH COLOR
AND SOMETIMES LOOKS VERY SLIMY.
ANOTHER INTERESTING THING AOBUT THE AREA IS THE DISAPPEARANCE OF
WILDLIFE. WHEN I FIRST STARTED WORKING AT THE PLANT IN 1970, ALMOST
EVERY MORNING WHILE DRIVING TO WORK I WOULD SEE RABBITS DIMINISHED FROM
THIS AREA.
GETTING BACK TO THE ILLNESSES AT GREIF BROS., WE HAVE HAD A LARGE
NUMBER RANGING FROM CANCER; BREATHING AND RESPIRATORY PROBLEMS; SKIN
RASHES; LUMPS, GROWTHS, AND CYSTS; BLOOD DISEASES; HEART PROBLEMS;
HIGH BLOOD PRESSURE; AND SINUS. THESE ILLNESSES FROM OUR PLANT WERE
NOT ON DR. OLIVER'S REPORT BECAUSE I DID NOT KNOW AT THAT TIME THAT WE
HAVE THESE HEALTH PROBLEMS.
HAZARDOUS WASTE DISPOSAL
TESTIMONY OF VIRTUOSO D, VAN EPPS C, AND SABEY C
790321
TESTIOMNY OF VAN EPPS C
REPORT ON MEETING WITH OCAW LOCAL 8-778 AND UNITED STEELWORKERS LOCALS 12256 AND 12230, 781211
TESTIMONY OF SABEY C
PART 003 OF 27
VIRTUOSO D PRESIDENT, LOCAL 12256
VAN EPPS C VICE PRESIDENT, LOCAL 8-778
SABEY C PRESIDENT, LOCAL 12230
OLIVER C
LAURIE D
RAABE M STAFF DIRECTOR, SUBCOMMITTEE
MOORE C W VICE PRESIDENT
UNITED STEELWORKERS OF AMERICA
OIL, CHEMICAL AND ATOMIC WORKERS
NATIONAL LEAD TAM DIVISION
U.S. HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND FOREIGN
COMMERCE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
NATIONAL LEAD INDUSTRIES, INC INDUSTRIAL CHEMICALS DIVISION P.O. BOX
700 HIGHTSTOWN, NJ 08520
109356
HEARINGS
HOUSE
TRANSCRIPT
CORRESPONDENCE
REPORT STUDY
WE TOOK SURVEYS, BOTH ORAL AND WRITTEN, GOING BACK 8 YEARS, AND HAVE
THE FOLLOWING STATISTICS;
CANCER, 8 EMPLOYYES ALL DEAD; BREATHING AND RESPIRATORY, 15 PEOPLE,
6 DEAD OR RETIRED; SKIN RASHES, 17 PEOPLE, PRESENT CONDITION; HEART
PROBLEMS, 6 PEOPLE, 2 DEAD; HIGH BLOOD PRESSURE, 6 PEOPLE; PRESENT
CONDITION; LUMPS, GROWTHS, AND CYSTS, 9 PEOPLE, PRESENT CONDITION;
BLOOD DISORDERS, 2 PEOPLE, PRESENT CONDITION; AND SINUS, 12 PEOPLE,
PRESENT CONDITION.
OUR EMPLOYMENT IS AROUND 50 TO 60 PEOPLE. IT VARIES WITH BUSINESS.
THE WRITTEN SURVEYS HAVE NOT YET BEEN COMPLETED. THEY ALSO DO NOT COVER
EVERYBODY THAT HAS WORKED THERE OR RETIRED IN THE LAST 8 YEARS. OUR
STATISTICS WOULD BE MUCH HIGHER IF ALL WERE INCLUDED.
AT NATIONAL LEAD INDUSTRIES THERE ARE PRESENTLY 128 EMPLOYEES,
WE HAVE RECEIVED 64 HEALTH SURVEYS AS OF THIS DATE. THE RESULTS
WERE AS FOLLOWS:
CANCER, 14 PEOPLE, 3 DEAD; BREATHING, RESPIRATORY, AND BRONCHITIS,
18 PEOPLE, PRESENT CONDITION; SINUS, 29 PEOPLE, PRESENT CONDITION;
SKIN RASHES, 28 PEOPLE, PRESENT CONDITION; HEART ATTACK, 3 PEOPLE,
PRESENT CONDITION; HIGH BLOOD PRESSURE, 12 PEOPLE, PRESENT CONDITION;
CYSTS, 13 PEOPLE, PRESENT CONDITION; EYE IRRITATIONS, 16 PEOPLE,
PRESENT CONDITION; TENSE OF HYPER, 15 PEOPLE, PRESENT CONDITION;
BLADDER, 5 PEOPLE, PRESENT CONDITION; AND PROSTATE, 2 PEOPLE, PRESENT
CONDITION.
AS YOU CAN SEE, WE HAVE HAD OUR PROBLEMS. MANY MORE OF THESE
ILLNESSES DO EXIST, SUCH AS HEADACHES, NO ENERGY, AND PEOPLE WHO WANT TO
SLEEP A LOT. FOR SOME REASON THEY COME HOME FROM WORK AND THEY JUST
FALL ASLEEP AND CANNOT WAKE UP. BY TOXIC CHEMICALS. AS YOU CAN SEE,
THERE ARE A LARGE NUMBER OF ALL THESE ILLNESSES AND THE PERCENTAGE OF
EMPLOYEES INVOLVED GREATLY INFLUENCES OUR CONCERN IN WANTING TO
INVESTIGATE ITS CAUSE. THE PERCENTAGES ON THESE HEALTH PROBLEMS ARE
MUCH TOO HIGH FOR THE NUMBER OF PEOPLE WE ARE TALKING ABOUT.
MOST OF OUR UNION MEMBERS HAVE BEEN VERY CONCERNED. WE FEEL
SOMETHING SHOULD BE DONE TO RESOLVE THESE PROBLEMS.
WE TRIED ON TWO OCCASIONS TO SET UP A MEETING WITH DR. VIENNA, WHO IS
WITH THE NEW YORK STATE HEALTH DEPARTMENT. BOTH TIMES WERE CANCELED
OUT. WE CONTACTED DR. VIENNA AT THE LOVE CANAL MEETING ON THURSDAY,
FEBRUARY 8, 1979. WE TOLD HIM OUR SITUATION AND GAVE HIM DR. OLIVER'S
REPORT. HE SAID THAT HE WOULD MEET AND TALK WITH US AT THE NIOSH
MEETING IN BUFFALO, N.Y.
I WENT TO THE NIOSH MEETING IN BUFFALO AND SAW DR. VIENNA. HE WOLD
ME THAT HE READ DR. OLIVER'S REPORT AND WOULD RECOMMEND HER SUGGESTION
FOR TESTING THE EMPLOYEES TO DR. AXELROD. THE ONLY ANSWER THAT WE GOT
WAS THAT IT WAS THE FEDERAL GOVERNMENT'S RESPONSIBILITY. WE FELT THAT
WE WERE GETTING THE RUNAROUND SO WE CONTACTED SENATOR JOHN DALY. HE
ARRANGED TO MEET WITH DR. AXELROD AND DR. VIENNA, AND IT WAS DECIDED TO
ASK THE FEDERAL GOVERNMENT FOR HELP.
ON SATURDAY, FEBRUARY 17, 1979, WE HAD A MEETING WITH ALL THREE
UNIONS, AREA RESIDENTS, LOCAL POLITICIANS, AND THE LOVE CANAL HOMEOWNERS
ASSOCIATION. AT THIS MEETING WE FORMED A GROUP KNOWN AS THE BLOODY RUN
AREA ASSOCIATION.
HAZARDOUS WASTE DISPOSAL
TESTIMONY OF VIRTUOSO D, VAN EPPS C, AND SABEY C
790321
TESTIOMNY OF VAN EPPS C
REPORT ON MEETING WITH OCAW LOCAL 8-778 AND UNITED STEELWORKERS LOCALS 12256 AND 12230, 781211
TESTIMONY OF SABEY C
PART 004 OF 27
VIRTUOSO D PRESIDENT, LOCAL 12256
VAN EPPS C VICE PRESIDENT, LOCAL 8-778
SABEY C PRESIDENT, LOCAL 12230
OLIVER C
LAURIE D
RAABE M STAFF DIRECTOR, SUBCOMMITTEE
MOORE C W VICE PRESIDENT
UNITED STEELWORKERS OF AMERICA
OIL, CHEMICAL AND ATOMIC WORKERS
NATIONAL LEAD TAM DIVISION
U.S. HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND FOREIGN
COMMERCE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
NATIONAL LEAD INDUSTRIES, INC INDUSTRIAL CHEMICALS DIVISION P.O. BOX
700 HIGHTSTOWN, NJ 08520
109357
HEARINGS
HOUSE
TRANSCRIPT
CORRESPONDENCE
REPORT STUDY
ONE OF THE MAIN OBJECTIVES AT THIS MEETING WAS TO GET PHYSICALS FOR
WORKERS AND FAMILIES LIVING IN THE AREA.
AS OF THIS DATE, THE ONLY HELP WE HAVE RECEIVED IS FROM OSHA. THEY
CAME INTO OUR PLANT ON THURSDAY, MARCH 1, 1979, AND STARTED TESTING ON
MARCH 2, 1979. THEY ARE JUST TESTING THE AIR AT THE PLANT SITE. WHAT
WE WANT IS NIOSH INTO OUR PLANTS. WE FEEL THAT THEY ARE MUCH MORE
EQUIPPED TO HANDLE THE SITUATION THAN OSHA IS.
WE WOULD ALSO LIKE TO INVOLVE CONGRESSIONAL HEARINGS SUCH AS THIS TO
INVESTIGATE THESE CHEMICAL DUMP SITES. THERE ARE MANY COUNTRY. I FEEL
THAT SOME ACTION AND LAWS MUST BE PASSED SOON BEFORE WE HAVE A COMPLETE
DISASTER IN THIS COUNTRY.
THERE IS ANOTHER THING I WOULD LIKE TO SAY. WHEN YOU SEE CHILDREN
SUCH AS SUSIE WHO CANNOT BREATHE AT NIGHT AND WHO HAVE SKIN RASHES, TO
ME THIS IS A CRIME. THERE HAVE BEEN NO CRIMINAL CHARGES YET TO ANY
HOOKER OFFICIAL. LIKE I SAY, I FEEL THIS IS A CRIME.
AS CONGRESSMAN GORE SAID, IF YOU GO OUT ON THE STREET WITH A BOTTLE
OF NITROGLYCERIN ANDHAND IT TO SOMEBODY ELSE, YOU WOULD PROBABLY GET
ARRESTED. THESE PEOPLE ARE DUMPING THEIR CHEMICALS ALL OVER THE PLACE
AND NOTHING HAS HAPPENED TO THESE PEOPLE.
THEY ARE POLLUTING OUR AIR. THEY ARE RUINING OUR ENVIRONMENT. THEY
ARE KILLING OUR PEOPLE. IF THAT IS NOT A CRIME, I DO NOT KNOW WHAT IS.
THANK YOU.
MR. VAN EPPS. ON DECEMBER 7, 1978, A MEETING WAS HELD BY THE OCAW
LOCAL 8-778 OF THE NIAGARA STEEL FINISHING CO. TO DISCUSS HEALTH
PROBLEMS WHICH HAVE DEVELOPED BECAUSE NIAGARA STEEL FINISHING IS
ADJACENT TO THE HYDE PARK LANDFILL AND CHEMICAL DUMP SITE WHICH IS
PRESENTLY OWNED BY HOOKER CHEMICAL CO.
SINCE I AM AN EMPLOYEE OF NIAGARA STEEL FINISHING CO. AND ALSO VICE
PRESIDENT OF LOCAK 8-788 OCAW, I AM SENDING THIS LETTER TO PREFACE MY
APPEARANCE AT THE CONGRESSIONAL HEARINGS ON WEDNESDAY, MARCH 21, 1979,
AT THE REQUEST OF THE SUBCOMMITTEE ON THE HYDE PARK LANDFILL.
MY TESTIMONY WILL BE ON THE LAGOONS AND THE PROBLEMS OF OVERFLOWING
WHEN IT RAINS, WHICH RESULTS IN THE OVERFLOW BEING WASHE1 INTO THE CREEK
NEARBY THE LANDFILL.
I WILL ALSO INCLUDE MEDICAL DATA ON THE PERSONNEL OF THE WORK FORCE
AND ALSO SOME DATA ON FAMILY ILLNESSES SUCH AS: MISCARRIAGES, 10;
CANCER, 2 CASES PRESENT; CHILD DEATH, 3 CASES; LUNG PROBLEMS, 2 CASES
PRESENT; KIDNEY PROBLEMS, 2 CASES PRESENT; BIRTH DEFECTS, 3 AT BIRTH;
HEART DEFECTS, 1 CASE PRESENT; BLURRED VISION, 3 CASES PRESENT; BODY
SWELLING, 5 CASES PRESENT; CYSTS, 4 CASES PRESENT; BREATH, 14 CASES
PRESENT; CONSTANT COLDS, 5 CASES PRESENT, AND RASH, 18 CASES PRESENT.
ENCLOSED IS A REPORT ON THE MEETING WITH OCAW LOCAL 8-788 AND THE
UNITED STEELWORKERS UNION FROM GREIF BROS. AND NATIONAL LEAD INDUSTRIES.
(SEE. P. 39.) ALSO PRESENT WAS DR. CHRISTINE OLIVER, MEDICAL DOCTOR FOR
THE OCAW UNION. HER REPORT GIVES FULL DETAIL OF THE HYDE PARK LANDFILL,
AND THIS REPORT SHOULD FAMILIARIZE YOU WITH OUR PROBLEM AT THE DUMP
SITE.
HAZARDOUS WASTE DISPOSAL
TESTIMONY OF VIRTUOSO D, VAN EPPS C, AND SABEY C
790321
TESTIOMNY OF VAN EPPS C
REPORT ON MEETING WITH OCAW LOCAL 8-778 AND UNITED STEELWORKERS LOCALS 12256 AND 12230, 781211
TESTIMONY OF SABEY C
PART 005 OF 27
VIRTUOSO D PRESIDENT, LOCAL 12256
VAN EPPS C VICE PRESIDENT, LOCAL 8-778
SABEY C PRESIDENT, LOCAL 12230
OLIVER C
LAURIE D
RAABE M STAFF DIRECTOR, SUBCOMMITTEE
MOORE C W VICE PRESIDENT
UNITED STEELWORKERS OF AMERICA
OIL, CHEMICAL AND ATOMIC WORKERS
NATIONAL LEAD TAM DIVISION
U.S. HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND FOREIGN
COMMERCE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
NATIONAL LEAD INDUSTRIES, INC INDUSTRIAL CHEMICALS DIVISION P.O. BOX
700 HIGHTSTOWN, NJ 08520
109358
HEARINGS
HOUSE
TRANSCRIPT
CORRESPONDENCE
REPORT STUDY
IN THIS TESTIMONY I WILL INCLUDE DETAILS OF THE PROBLEMS STEMMING
FROM THE LANDFILL SUCH AS, ONE, THE EASTERLY WINDS PRODUCING EXTREMELY
HEAVY FUMES RESULTING IN RASHES AND BURNING EYES AND, TWO, EMPLOYEES
HAVING TO LEAVE THE AREA TO AVOID CONFRONTATION OF TOXIC FUMES.
EMPLOYEES WHO HAVE TO LEAVE THE AREA LOSE TIME AND THE COMPANY LOSES
TIME.
DR. OLIVER'S REPORT ALSO INCLUDES A LIST OF CHEMICALS THAT ARE FOUND
IN THE LANDFILL AT THE HYDE PARK DUMP SITE AND THE EFFECTS THEY HAVE ON
HUMANS.
WE HOPE SOME ACTION WILL BE TAKEN TO PASS A LAW TO END THIS SERIOUS
PROBLEM OF TOXIC WASTE MATERIAL.
I HAVE SOME DATA HERE ON PEOPLE IN OUR PLANT WHO ARE MEDICAL
PATIENTS.
THE FIRST IS CANCER. WE HAVE TWO CASES PRESENT, B. BRYDGES HAS FACE
AND NOSE CANCER WHICH IS MALIGNANT. HIS DOCTOR IS DR. DOLAN. HE IS IN
NIAGARA FALLS. HE TOLD ME THERE IS NO KNOWN REASON FOR THE CANCER OF
THIS FACE.
GORDON STEWART HAS FACE CANCER. DR. BERNHART IS THE FAMILY DOCTOR.
HE IS AT 10TH STREET IN NIAGARA FALLS.
THE CANCER HITS EVERYBODY IN THE SAME SPOT, USUALLY IN THE FACE,
NOSE, AND CHIN.
GORDON STEWART HAD EYE PROBLEMS. HIS DOCTOR IS DR. GORMLEY. HE TOLD
HIM THAT IT WAS FROM THE FUMES.
THEN NANCY EMO DOES NOT EVEN WORK NEAR THE CHEMICALS. HER EYES
BOTHER HER.
REGARDING RASH CASES, THERE IS ANTHONY SABETT. THIS HAPPENED
LANDFILL. THE RASH WORSENED AND HIS TONGUE AND BODY STARTED TO
SWELL. HE WENT TO THE HOSPITAL AND WAS TREATED THERE AND KEPT
OVERNIGHT. THE DOCTOR TOLD HIM HE DID NOT KNOW WHY HE HAD THE
RASH. THERE WAS NO APPARENT REASON. HIS DOCTOR IS DR. RUDOLPH
OWENS, M.D., P.C., 708 NINTH STREET, THE CASON BUILSING, NIAGARA
FALLS, N.Y. HE WAS DISCHARGED MARCH 6, 1979.
THEN WE HAVE RICHARD BERNER. HE WENT TO DEGROFF MEMORIAL EMERGENCY
IN NORTH TONAWANDA, N.Y. THERE HE WAS GIVEN BLOOD TESTS, X-RAYS, AND A
SHOT OF ADRENALIN. THE NEXT DAY HE WENT TO HIS OWN DOCTOR AND THERE
THEY TOOK MORE BLOOD TESTS AND URINE SAMPLES AND ALSO STOOL SAMPLES.
THE DOCTOR TOLDHE THERE WAS NO BACTERIA AND NO VIRUS AND HE COULD NOT
DIAGNOSE WHAT CAUSED THE PROBLEM.
THEN THERE IS WILLIAM CALDWELL. THIS HAPENED MARCH 9, 1978. A RASH
APPEARED ON BOTH ARMS, NECK, AND BACK. THE DOCTOR LOOKED AT THE RASH
AND COULD NOT DIAGNOSE THE PROBLEM. THIS RASH COMES AND GOES. THE RASH
DRIES UP AND CLEARS FOR A FEW WEEKS AND THEN IT COMES BACK.
OTHER RASH CASES INCLUDE DENVIL MAGGARD, ERNIE EDWARDS, DONALD
MAGGARD, BOB FARRELL, JOHN BUSH, GORDON STEWART, CLIFTON VAN EPPS, BILL
HURTGAM, HENRY LOSTRACCO; MIKE IRISH, DAVID IODICE, DINO DIREINZO,
WHITEY MCCARVEY, NANCY EMO WHO HAD CONSULTED A PHYSICIAN, ROBERT JAMES,
NICK FORTINI, LANCE MELLENTHINE, JOHN EODICE, FLOYD PIPER, AND RICHARD
JAMES WHO HAS A RASH ON HIS HAND THAT HE HAS HAD FOR SOMETHING LIKE 10
YEARS AND IT WILL NOT GO AWAY.
HAZARDOUS WASTE DISPOSAL
TESTIMONY OF VIRTUOSO D, VAN EPPS C, AND SABEY C
790321
TESTIOMNY OF VAN EPPS C
REPORT ON MEETING WITH OCAW LOCAL 8-778 AND UNITED STEELWORKERS LOCALS 12256 AND 12230, 781211
TESTIMONY OF SABEY C
PART 006 OF 27
VIRTUOSO D PRESIDENT, LOCAL 12256
VAN EPPS C VICE PRESIDENT, LOCAL 8-778
SABEY C PRESIDENT, LOCAL 12230
OLIVER C
LAURIE D
RAABE M STAFF DIRECTOR, SUBCOMMITTEE
MOORE C W VICE PRESIDENT
UNITED STEELWORKERS OF AMERICA
OIL, CHEMICAL AND ATOMIC WORKERS
NATIONAL LEAD TAM DIVISION
U.S. HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND FOREIGN
COMMERCE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
NATIONAL LEAD INDUSTRIES, INC INDUSTRIAL CHEMICALS DIVISION P.O. BOX
700 HIGHTSTOWN, NJ 08520
109359
HEARINGS
HOUSE
TRANSCRIPT
CORRESPONDENCE
REPORT STUDY
PEOPLE WITH GROWTHS SUCH AS CYSTS INCLUDE MYSELF, WATER MCINTYRE,
WILLIAM HURTGAM, JACK WOOMER, JOHN EODICE, BERNARDINO DERIENZO, AND JOHN
BUSH.
PEOPLE WITH CONSTANT NOSEBLEEDS INCLUDE DON MAGGARD, MYSELF, WALTER
MCINTYRE, BILL HURTGAM, ROBERT JAMES, LANCE MELLENTHINE, JOHN EODICE,
AND WILLIAM CALDWELL.
THERE ARE A LOT OF HEADACHES. THESE INCLUDE ANTHONY SABETT WHO
STARTED AT OUR PLANT 2 YEARS AGO AND NEVER HAD A PROBLEM. NOW HE HAS
CONTINUOUS HEADACHES. HE GETS THEM 3 OR 4 TIMES A WEEK.
ALSO GETTING HEADACHES ARE DENVIL MAGGARD, TWO OR THREE TIMES A
MYSELF, TWO OR THREE TIMES A WEEK; STEVEN FITZGIBBON, ERNIE
EDWARDS, GORDON STEWART, WILLIAM YOUNG, TWO TO FOUR TIMES A
WEEK; AND ROBERT FARRELL. THESE ARE PEOPLE WHO WORK CLOSEST TO
THE LANDFILL. THE PEOPLE UP AT THE FRONT OF THE BUILDING ARE
NOT AFFECTED AS MUCH.
ACNE PROBLEMS INCLUDE ALMOST THE WHOLE SHOP: ROBERT FARRELL, HENRY
LOSTRACCO, ANTHONY SABETT, CLIFTON VAN EPPS, STEVEN FITZGIBBON, NICK
FORTINI, AND ROBERT JAMES.
BOB JAMES HAD CHEST PAINS FEBRUARY 1977. HE WAS ADMITTED TO THE
HOSPITAL AND AN EKG WAS TAKEN. NOTHING SHOWED UP AND HE IS STILL UNDER
DOCTOR'S CARE AT THIS TIME. HIS DOCTOR IS DR. IGNATIUS, 549 FOURTH
STREET, NIAGARA FALLS, N.Y.
RASHES OUT OF THE PLANT TO THE FAMILY INCLUDE THE FOLLOWING: NANCY
EMO HAD A RASH AND SHE BROUT IT HOME TO HER HUSBAND, AND ONE OF HER
CHILDREN GOT IT. THEY WENT TO THE DOCTOR AND HE COULD NOT DIAGNOSE IT
EITHER.
MY WIFE HAS IT NOW. I CALLED BUT SHE HAS NOT GOTTEN RESULTS YET.
CHILD BIRTH DEFECTS INCLUDE MR. LOUIS GARDNER WHO HAD FOUR CHILDREN
BEFORE THE NIAGARA STEEL FINISHING PLANT WAS BUILT AT 4715 HYDE PARK
BOULEVARD. ALL OF HIS CHILDREN WERE IN EXCELLENT HEALTH. AFTER
EMPLOYMENT AT NIAGARA STEEL FINISHING'S PRESENT ADDRESS FOR A FEW YEARS,
HIS WIFE HAD A SON NAMED JEFF. HE WAS BORN JUNE 20, 1966 WITH A BRAIN
TUMOR AND DIED JUNE 24, 1977.
HIS WIFE HAD MISCARRIED IN OCTOBER 1968 AND IN 1969 SHE GAVE BIRTH TO
A DAUGHTER, VIOLET ANN. SHE WAS BORN JANUARY 13, 1969. THE DAUGHTER
DIED JANUARY 13, 1969, DUE TO A BIRTH DEFECT, A MALFORMED HEAD COVERING.
THE DOCTOR IN EACH CASE SAID THEY COULD NOT GIVE THEM A REASON FOR THE
DEATHS AND THE MISCARRIAGE.
THEIR DOCTORS ARE DR. SLEPIAN OF NIAGARA FALLS, N.Y., DR. CREA, AND
DR. SHIFT.
MARK MAGGARD'S WIFE GAVE BIRTH TO A STILLBORN CHILD AFTER FULL
PREGNANCY. THE DOCTORS PERFORMED AN AUTOPSY AND COULD NOT DIAGNOSE
CAUSE OF DEATH. THE CHILD WAS PERFECT.
LANCE MELLENTHINE'S WIFE MISCARRIED AT 6 WEEKS. ERNIE EDWARDS'
JAMES JAMES, WHO IS MY SUPERVISOR, HAS BEEN ONE OF THE FEW MANAGEMENT
PEOPLE TO STEP INTO THIS. HIS WIFE MISCARRIED TWICE IN 1978.
REGARDING LUNG PROBLEMS, WE HAVE ROBERT JAMES WHO WAS WORKING OUTSIDE
IN THE FALL OF 1976. HE WENT HOME THAT NIGHT AND WAS RUSHED TO ST.
MARY'S HOSPITAL FOR BREATHING PROBLEMS. HERE THEY DISCOVERED HIS LUNGS
HAD FILLED UP WITH FLUID. DR. BOOTH CLEARED THE LUNGS.
HAZARDOUS WASTE DISPOSAL
TESTIMONY OF VIRTUOSO D, VAN EPPS C, AND SABEY C
790321
TESTIOMNY OF VAN EPPS C
REPORT ON MEETING WITH OCAW LOCAL 8-778 AND UNITED STEELWORKERS LOCALS 12256 AND 12230, 781211
TESTIMONY OF SABEY C
PART 007 OF 27
VIRTUOSO D PRESIDENT, LOCAL 12256
VAN EPPS C VICE PRESIDENT, LOCAL 8-778
SABEY C PRESIDENT, LOCAL 12230
OLIVER C
LAURIE D
RAABE M STAFF DIRECTOR, SUBCOMMITTEE
MOORE C W VICE PRESIDENT
UNITED STEELWORKERS OF AMERICA
OIL, CHEMICAL AND ATOMIC WORKERS
NATIONAL LEAD TAM DIVISION
U.S. HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND FOREIGN
COMMERCE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
NATIONAL LEAD INDUSTRIES, INC INDUSTRIAL CHEMICALS DIVISION P.O. BOX
700 HIGHTSTOWN, NJ 08520
109360
HEARINGS
HOUSE
TRANSCRIPT
CORRESPONDENCE
REPORT STUDY
IN MAY OF 1977 HE HAD ANOTHER ATTACH AND DR. IGNATIUS SENT HIM TO
CLEVELAND CLINIC. THERE HE UNDERWENT A SERIES OF TESTS, INCLUDING A
SCOPE TEST, AND NO DOCTORS COULD DIAGNOSE THE PROBLEM. TO THIS DAY, HE
STILL HAS PROBLEMS WITH BREATHING.
A CHILD BORN WITH A RASH WAS JASON EODICE, JOHN EODICE'S SON. HE WAS
BORN WITH A RASH OVER HIS ENTIRE BODY. THE DOCTORS TOOK BLOOD SAMPLES
AND COULD NOT DIAGNOSE THE RASH. AFTER A FEW WEEKS THE RASH CLEARED UP.
JOHN EODICE HAS KIDNEY PROBLEMS ALL THE TIME. THEY HAVE DEVELOPED IN
THE LAST YEAR AND HAVE NOT GONE. HE WAS TREATED FOR KIDNEY INFECTIONS
BUT IT HAS NOT HELPED.
WALLY MCINTYRE HAS HAD KIDNEY INFECTIONS CONSTANTLY FOR THE PAST 2
YEARS. BEFORE HE CAME TO NIAGARA STEEL HE WAS IN PERFECT HEALTH.
LIVER PROBLEMS INCLUDE BOB FARRELL. HE HAS A LIVER AILMENT. DR.
RAMSHED AND DR. WILSON OF NIAGARA FALLS, N.Y. ARE HIS PHYSICIANS.
JACK WOOMER HAS HAD PROBLEMS WITH HIS DIGESTIVE TRACT. HE UNDERWENT
A COMPLETE GI SERIES. HOWEVER, THE DOCTOR COULD NOT FIND A REASON FOR
THE PROBLEM. DR. RICOTTA, 4TH STREET, NIAGARA FALLS, N.Y., IS HIS
DOCTOR. THIS HAPPENED A MONTH AGO.
ANGELO SCAVULLI'S DOCTOR IS DR. BRENNON. HE HAS A LOT OF FATTY
BUILDUP IN HIS BODY. HE WORKED NEAR THE DUMP MORE THAN 8 YEARS AGO AND
ALWAYS HAD A RASH. NOW HE IS IN MANAGEMENT. WHEN HE WORKED NEAR THE
DUMP HE ALWAYS HAD A RASH ON HIS BODY. NOW THAT HE IS AWAY FROM IT,
THERE IS NO RASH AT ALL. THERE IS NO PROBLEM.
THANK YOU.
(THE REPORT REFERRED TO FOLLOWS:)
HAZARDOUS WASTE DISPOSAL
TESTIMONY OF VIRTUOSO D, VAN EPPS C, AND SABEY C
790321
TESTIOMNY OF VAN EPPS C
REPORT ON MEETING WITH OCAW LOCAL 8-778 AND UNITED STEELWORKERS LOCALS 12256 AND 12230, 781211
TESTIMONY OF SABEY C
PART 008 OF 27
VIRTUOSO D PRESIDENT, LOCAL 12256
VAN EPPS C VICE PRESIDENT, LOCAL 8-778
SABEY C PRESIDENT, LOCAL 12230
OLIVER C
LAURIE D
RAABE M STAFF DIRECTOR, SUBCOMMITTEE
MOORE C W VICE PRESIDENT
UNITED STEELWORKERS OF AMERICA
OIL, CHEMICAL AND ATOMIC WORKERS
NATIONAL LEAD TAM DIVISION
U.S. HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND FOREIGN
COMMERCE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
NATIONAL LEAD INDUSTRIES, INC INDUSTRIAL CHEMICALS DIVISION P.O. BOX
700 HIGHTSTOWN, NJ 08520
109361
HEARINGS
HOUSE
TRANSCRIPT
CORRESPONDENCE
REPORT STUDY
DATE: DECEMBER 11, 1978, 7 P.M.
PLACE: NIAGARA FALLS, NEW YORK
CONTACT PERSONS: HENRY T. SCHIRO, INTERNATIONAL REPRESENTATIVE,
OCAW; JOSEPH SPARACIO, INTERNATIONAL REPRESENTATIVE, USW
REPRESENTED AT THE MEETING WERE WORKERS AT THREE NIAGARA FALLS
INSTALLATIONS: NIAGARA STEEL AND FINISHING, A WELDING AND FABRICATING
SHOP (OCAW); GRIEF BROTHERS, A DRUM SHOP (USW); AND NATIONAL LEAD (NL)
INDUSTRIES, AN INDUSTRIAL CHEMICALS SHOP (USW). THESE INSTALLATIONS ARE
ALL ADJACENT TO A LANDFILL USED BY HOOKER CHEMICAL CORPORATION AS A
DUMPSITE FOR ITS CHEMICAL BYPRODUCTS, SOME OF WHICH ARE ORGANOCHLORINE
PESTICIDES. THE PURPOSE OF THE MEETING WAS AN EXCHANGE OF INFORMATION
TO DETERMINE WHETHER FUMES AND DRAINAGE FROM THE LANDFILL ARE PRODUCING
ADVERSE HEALTH EFFECTS AMONG WORKERS AT THESE THREE PLANTS, AND TO
DEVELOP A STRATEGY FOR FURTHER INVESTIGATING ANY PROBLEMS UNCOVERED.
IN 1950 HOOKER CHEMICAL CORPORATION BEGAN DUMPING CHEMICAL BYPRODUCTS
INTO A SWAMPY AREA ADJACENT TO A CREEK AND THREE INDUSTRIAL PRODUCTION
UNITS IN THE HYDE PARK AREA OF NIAGARA FALLS. NIAGARA STEEL AND
FINISHING, GRIEF BROTHERS AND NL INDUSTRIES SURROUND THE LANDFILL
(APPENDIX A). NIAGARA STEEL AND FINISHING EMPLOYS 50 PRODUCTION
WORKERS; GRIEF BROTHERS, 100; AND NL INDUSTRIES, OVER 200.
HAZARDOUS WASTE DISPOSAL
TESTIMONY OF VIRTUOSO D, VAN EPPS C, AND SABEY C
790321
TESTIOMNY OF VAN EPPS C
REPORT ON MEETING WITH OCAW LOCAL 8-778 AND UNITED STEELWORKERS LOCALS 12256 AND 12230, 781211
TESTIMONY OF SABEY C
PART 009 OF 27
VIRTUOSO D PRESIDENT, LOCAL 12256
VAN EPPS C VICE PRESIDENT, LOCAL 8-778
SABEY C PRESIDENT, LOCAL 12230
OLIVER C
LAURIE D
RAABE M STAFF DIRECTOR, SUBCOMMITTEE
MOORE C W VICE PRESIDENT
UNITED STEELWORKERS OF AMERICA
OIL, CHEMICAL AND ATOMIC WORKERS
NATIONAL LEAD TAM DIVISION
U.S. HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND FOREIGN
COMMERCE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
NATIONAL LEAD INDUSTRIES, INC INDUSTRIAL CHEMICALS DIVISION P.O. BOX
700 HIGHTSTOWN, NJ 08520
109362
HEARINGS
HOUSE
TRANSCRIPT
CORRESPONDENCE
REPORT STUDY
THE SITE OF THE DUMP IS A LANDFILL SUPERIMPOSED ON A SWAMP BASE.
SEEPAGE OF LIQUID WASTE FROM THE SITE INTO THE MARSHY CREEK AND
SURROUNDING LAND IS COMMON. EVIDENCE ATTESTING TO THIS SEEPAGE IS THE
RED COLOR OF THE CREEK (HENCE ITS NAME, BLOODY RUN CREEK). IN ADDITION,
WORKERS FROM GRIEF BROTHERS NOTED THAT AND UNDER THEIR WORKSITE.
OVER THE PAST 28 YEARS, THE LANDFILL HAS REACHED A HEIGHT OF TEN
FEET. CHEMICAL "LAGOONS" HAVE BEEN BUILT IN THE HILL TO COLLECT AND
CONTAN ANY LIQUID WASTES THAT ACCUMULATE. HOWEVER, OVERFLOW IS A
PROBLEM. ORIGINALLY, BARRELS OF WASTES WERE SIMPLY DROPPED INTO DRY
LAND AND EXPLOSED, RELEASING CLOUDS OF VAPOR INTO THE ATMOSPHERE.
IN 1971 THE DRAIN TILES UNDER THE MOAT SURROUNDING THE LANDFILL
CLOGGED, EXACERBATING THE PROBLEM OF OVERFLOW. HOOKER HAS UNDERTAKEN A
REMEDIAL PROGRAM TO REPLACE THE DRAIN TILES AND INTERCEPT THE LEACHATE,
AS WELL AS TO INSTALL CLAY COVERS TO PRECLUDE THE ENTRY OF DIRECT
PRECIPITATION. OF NOTE IS THE FACT THAT WORKERS ENGAGING IN THIS
RECONSTRUCTION WORK ARE SUPPLIED WITH SCOTT AIR PACS AND PROTECTIVE
CLOTHING, UNLIKE WORKERS AT THE ADJACENT PLANTS. ALSO OF NOTE IS THE
FACT THAT SINCE 1970, WILDLIFE HAS VIRTUALLY DISAPPEARED FROM THE AREA;
AND A STEEL FENCE 100 FEET FROM THE SITE, ON NL INDUSTRIES PROPERTY, HAS
BEEN DESTROYED BY EROSION.
HOOKER MAINTAINS THAT DUMPING OF CHEMICAL WASTES AT THIS SITE WAS
DISCONTINUED IN 1976. WORKERS PRESENT AT THE MEETING, HOWEVER,
DESCRIBED CONTINUED DUMPING BY UNMARKED TRUCKS IN THE EARLY MORNING AND
LATE EVENING AS LATE AS ONE MONTH AGO.
THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION HAS
MONITORED SEDIMENT FROM BLOODY RUN CREEK FOR CHEMICAL AND PESTICIDE
RESIDUES, AND PLANS AN EXTENSIVE PROGRAM OF GROUND WATER MONITORING. A
LIST OF CHEMICALS DUMPED -- SUPPLIED BY HOOKER TO THE CONSERVATION
DEPARTMENT -- AND THOSE THAT HAVE BEEN FOUND IN THE SOIL IS APPENDED
(APPENDIX B).
HAZARDOUS WASTE DISPOSAL
TESTIMONY OF VIRTUOSO D, VAN EPPS C, AND SABEY C
790321
TESTIOMNY OF VAN EPPS C
REPORT ON MEETING WITH OCAW LOCAL 8-778 AND UNITED STEELWORKERS LOCALS 12256 AND 12230, 781211
TESTIMONY OF SABEY C
PART 010 OF 27
VIRTUOSO D PRESIDENT, LOCAL 12256
VAN EPPS C VICE PRESIDENT, LOCAL 8-778
SABEY C PRESIDENT, LOCAL 12230
OLIVER C
LAURIE D
RAABE M STAFF DIRECTOR, SUBCOMMITTEE
MOORE C W VICE PRESIDENT
UNITED STEELWORKERS OF AMERICA
OIL, CHEMICAL AND ATOMIC WORKERS
NATIONAL LEAD TAM DIVISION
U.S. HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND FOREIGN
COMMERCE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
NATIONAL LEAD INDUSTRIES, INC INDUSTRIAL CHEMICALS DIVISION P.O. BOX
700 HIGHTSTOWN, NJ 08520
109363
HEARINGS
HOUSE
TRANSCRIPT
CORRESPONDENCE
REPORT STUDY
AS STATED, THE PURPOSE OF THE DECEMBER 11 MEETING WAS TO ATTEMPT TO
DEFINE THE PROBLEM BY ELICITING FROM THE WORKERS PRESENT INFORMATION
ABOUT THE NATURE OF THE EXPOSURES AND THE PRESENCE OF INSTALLATIONS ARE
SIMILAR, THEY WILL BE DESCRIBED TOGETHER. EXCEPTIONS, WHERE PRESENT,
ARE NOTED.
EXPOSURES. THE MAJOR SOURCE OF EXPOSURE SEEMS TO BE FUMES FROM THE
LANDFILL. THESE FUMES ARE MOST OFFENSIVE IN THE MORNING, ON HUMID DAYS,
AND WHEN THE WIND IS OUT OF THE NORTH OR SOUTHWEST (THE PREVAILING WINDS
IN NIAGARA FALLS ARE NORTHWESTERLY). THE FUMES ARE PRESENT REGARDLESS
OF WHETHER THERE IS ACTIVE DUMPING. THEY ARE STRONGEST AT BUILDING 145,
NL INDUSTRIES, WHICH IS 100 FEET FROM THE DUMPSITE.
THE WATER SUPPLY PROVIDES ANOTHER POTENTIAL SOURCE OF CONTAMINATION.
ON TWO OCCASIONS, THE LAST BEING SIX TO SEVEN MONTHS AGO, IN ALL THREE
PLANTS, THE WATER WAS NOTED TO BE DISCOLORED, MALODOROUS, AND
DISTASTEFUL FOR A PERIOD OF TWO TO THREE DAYS. NO SUCH PROBLEMS WAS
NOTED BY INHABITANTS OF AN APARTMENT COMPLEX ACROSS THE STREET. THE
CITY OF NIAGARA FALLS WAS CONTACTED. THEPROBLEM WAS ATTRIBUTED TO
"ALGAE"' NO ANALYSIS OF THE WATER OR FOLLOW-UP OF THE PROBLEM WAS DONE.
MEDICAL SYMPTOMS DESCRIBED BY THE WORKERS PRESENT INCLUDE THE
FOLLOWING:
SKIN: RED SPOTS ON THE FACE AND HANDS, UNDER THE ARMS AND ON THE
TRUNK AFTER EXPOSURE TO FUMES. SIMILAR LESIONS HAVE ALSO BEEN DESCRIBED
BY THE DRIVERS OF TRUCKS CARRYING THE CHEMICALS TO BE DUMPED. DIFFUSE
ITCHING WAS ALSO DESCRIBED.
HAZARDOUS WASTE DISPOSAL
TESTIMONY OF VIRTUOSO D, VAN EPPS C, AND SABEY C
790321
TESTIOMNY OF VAN EPPS C
REPORT ON MEETING WITH OCAW LOCAL 8-778 AND UNITED STEELWORKERS LOCALS 12256 AND 12230, 781211
TESTIMONY OF SABEY C
PART 011 OF 27
VIRTUOSO D PRESIDENT, LOCAL 12256
VAN EPPS C VICE PRESIDENT, LOCAL 8-778
SABEY C PRESIDENT, LOCAL 12230
OLIVER C
LAURIE D
RAABE M STAFF DIRECTOR, SUBCOMMITTEE
MOORE C W VICE PRESIDENT
UNITED STEELWORKERS OF AMERICA
OIL, CHEMICAL AND ATOMIC WORKERS
NATIONAL LEAD TAM DIVISION
U.S. HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND FOREIGN
COMMERCE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
NATIONAL LEAD INDUSTRIES, INC INDUSTRIAL CHEMICALS DIVISION P.O. BOX
700 HIGHTSTOWN, NJ 08520
109364
HEARINGS
HOUSE
TRANSCRIPT
CORRESPONDENCE
REPORT STUDY
EYES: BURNING AND TEARING WHEN FUMES ARE "STRONG."
UPPER RESPIRATORY TRACT: BURNING OF THE THROAT AND ACUTE "TROUBLED
BREATHING* WHEN EXPOSED TO FUMES. A CHRONIC DRY COUGH AMONG TWO YOUNG
WORKERS (NON-SMOKERS) IN THE ABSENCE OF A COLD WAS ALSO DESCRIBED.
GASTROINTESTINAL: NAUSEA AFTER FUME EXPOSURE.
NEUROLOGIC: MUSCLE TWITCHING OF THE UPPER ARM AND AROUND THE EYES BY
TWO WORKERS AT NIAGARA STEEL AND FINISHING. BEHAVIORAL CHANGES
CHARACTERIZED BY NONSPECIFIC MOOD CHANGES AND IRRITABILITY. MOOD
CHANGES SEEM TO OCCUR AFTER ACUTE EXPOSURE TO THE FUMES. WHILE
IRRITABILITY IS A MORE GENERALIZED PHENOMENON, IT THEIR STATE OF
UNEMPLOYMENT AND FINANCIAL INSECURITY, AND DESPITE THE FACT THAT THE
WORKERS (AT NIAGARA STEEL AND FINISHING) DESCRIBE A HIGH LEVEL OF JOB
SATISFACTION'
RESPIRATORY: A HIGH PREVALANCE OF "BREATHING TROUBLE" IS DESCRIBED
AT NL INDUSTRIES. AND A WORKER FROM GRIEF BROTHERS NOTED THAT 20 OUT OF
50 LONG-TIME EMPLOYEES HAVE BEEN TOLD THEY HAVE EMPHYSEMA. TRUCK
DRIVERS HAVE ALSO REPORTED "TROUBLED BREATHING" WHILE DRIVING TANK CARS
LOADED WITH HOOKER CHEMICALS.
CANCER: AT NL INDUSTRIES, 15 WORKERS HAVE DEVELOPED CANCER WITHIN
THE PAST "FEW YEARS." ALMOST ALL OF THESE CANCERS HAVE OCCURRED AMONG 30
WORKERS IN THE FURNACE ROOM, THAT PART OF THE PLANT THAT IS CLOSEST TO
THE DUMPSITE (100 FEET AWAY), AND AMONG MAINTENANCE WORKERS. THE
CANCERS HAVE OCCURRED ON THE EAR LOBE, NOSE, FOREHEAD, AND IN BONE.
AT NIAGARA STEEL AND FINISHING, ONE CASE OF CANCER ON THE FACE AND
ONE CASE OF LEUKEMIA IN A 20-YEAR-OLD WORKER WERE RECALLED. THE
LEUKEMIA.VICTIM-WORKED-AT THE BACK OF THE PLANT IN CLOSE PROXIMITY TO
THE DUMPSITE.
REPRODUCTIVE EFFECTS: OF 50 WORKERS AT THE NIAGARA STEEL AND
FINISHING PLANT, TWO HAVE WIVES WHO HAVE MISCARRIED WITHIN THE PAST TWO
YEARS, ONE MISCARRIED SEVEN YEARS AGO, AND ONE PRIOR TO THAT TIME. NO
BIRTH DEFECTS OR INFERTILITY PROBLEMS WERE RECALLED.
HAZARDOUS WASTE DISPOSAL
TESTIMONY OF VIRTUOSO D, VAN EPPS C, AND SABEY C
790321
TESTIOMNY OF VAN EPPS C
REPORT ON MEETING WITH OCAW LOCAL 8-778 AND UNITED STEELWORKERS LOCALS 12256 AND 12230, 781211
TESTIMONY OF SABEY C
PART 012 OF 27
VIRTUOSO D PRESIDENT, LOCAL 12256
VAN EPPS C VICE PRESIDENT, LOCAL 8-778
SABEY C PRESIDENT, LOCAL 12230
OLIVER C
LAURIE D
RAABE M STAFF DIRECTOR, SUBCOMMITTEE
MOORE C W VICE PRESIDENT
UNITED STEELWORKERS OF AMERICA
OIL, CHEMICAL AND ATOMIC WORKERS
NATIONAL LEAD TAM DIVISION
U.S. HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND FOREIGN
COMMERCE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
NATIONAL LEAD INDUSTRIES, INC INDUSTRIAL CHEMICALS DIVISION P.O. BOX
700 HIGHTSTOWN, NJ 08520
109365
HEARINGS
HOUSE
TRANSCRIPT
CORRESPONDENCE
REPORT STUDY
IN 1950 HOOKER CHEMICAL CORPORATION BEGAN DUMPING CHEMICAL BYPRODUCTS
INTO A LANDFILL IN THE HYDE PARK AREA OF NIAGARA FALLS. AN
INVESTIGATION BY THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION REVEALED THE FOLLOWING CHEMICAL RESIDUES IN THE SEDIMENT OF
BLOODY RUN CREEK, A CREEK ADJACENT TO THE LANDFILL: LINDANE, MIREX,
TETRACHLOROBENZENE, HEXACHLOROBENZENE, AND TOLUENE. OTHER CHEMICALS
DUMPED INTO THE BLOODY RUN CREEK LANDFILL ARE TETRACHLOROPHENOL,
TRICHLOROPHENOL, DIOXIN, CARBON TETRACHLORIDE, BENZOIC ACID, AND
HEXACHLOROCYCLOPENTADIENE. OF THE 26 CHEMICALS KNOWN TO HAVE BEEN ARE
INDEFINITE CARCINOGENS; FIVE HAVE BEEN CHOSEN BY THE EPA AS PESTICIDE
CANDIDATES FOR ADDITIONAL ONCOLOGIC TESTING; AND SIX ARE GROUP I
PESTICIDES AS CLASSIFIED IN THE NIOSH PESTICIDE CRITERIA DOCUMENT (I.E.,
THEY PRODUCE "ACUTE EFFECTS AT EXTREMELY LOW-DOSE LEVELS AS SERIOUS
IRREVERSIBLE EFFECTS"). (APPENDIX C.)
INFORMATION OBTAINED FROM WORKERS AT THREE WORKSITES ADJACENT TO THE
LANDFILL (NIAGARA STEEL AND FINISHING, OCAW LOCAL 8-778; NL INDUSTRIES,
USW LOCAL 12230; AND GRIEF BROTHERS, USW LOCAL 12256) SUGGESTS THAT
EXCESSIVE EXPOSURES TO CHEMICAL FUMES FROM THIS LANDFILL ARE OCCURRING.
MEDICAL SYMPTOMATOLOGY AMONG THESE WORKERS SUGGESTS THAT THESE EXPOSURES
ARE HAZARDOUS TO THE HEALTH OF THE WORKERS. MANY OF THESE SYMPTOMS CAN
BE DIRECTLY RELATED TO KNOWN SIDE EFFECTS OF CHEMICALS THAT HAVE BEEN
DUMPED.
EXTREME IRRITATION OF THE EYES AND UPPER RESPIRATORY TRACT, AS WELL
AS NAUSEA, HEADACHE, AND LETHARGY, ARE PRODUCED BY THE HIGHLY REACTIVE
CHEMICAL HEXACHLOROCYCLOPENTADIENE. THIS CHEMICAL DECOMPOSES UNDER HEAT
TO FORM PHOSGENE AND HYDROCHLORIC ACID VAPOR. THE ACUTE EFFECTS OF
THESE GASES ON THE LUNGS ARE KNOWN: UPPER RESPIRATORY TRACT IRRITATION,
PULMONARY EDEMA, AND PNEUMONITIS.
HAZARDOUS WASTE DISPOSAL
TESTIMONY OF VIRTUOSO D, VAN EPPS C, AND SABEY C
790321
TESTIOMNY OF VAN EPPS C
REPORT ON MEETING WITH OCAW LOCAL 8-778 AND UNITED STEELWORKERS LOCALS 12256 AND 12230, 781211
TESTIMONY OF SABEY C
PART 013 OF 27
VIRTUOSO D PRESIDENT, LOCAL 12256
VAN EPPS C VICE PRESIDENT, LOCAL 8-778
SABEY C PRESIDENT, LOCAL 12230
OLIVER C
LAURIE D
RAABE M STAFF DIRECTOR, SUBCOMMITTEE
MOORE C W VICE PRESIDENT
UNITED STEELWORKERS OF AMERICA
OIL, CHEMICAL AND ATOMIC WORKERS
NATIONAL LEAD TAM DIVISION
U.S. HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND FOREIGN
COMMERCE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
NATIONAL LEAD INDUSTRIES, INC INDUSTRIAL CHEMICALS DIVISION P.O. BOX
700 HIGHTSTOWN, NJ 08520
109366
HEARINGS
HOUSE
TRANSCRIPT
CORRESPONDENCE
REPORT STUDY
THE CHRONIC EFFECTS ARE NOT KNOWN. WHETHER OR NOT THESE CHRONIC EFFECTS
INCLUDE EMPHYSEMA, FOR EXAMPLE, IS NOT KNOWN. MIREX, CC1 4 AND
TRICHLOROPHENOL ARE KNOWN ANIMAL CARCINOGENS; LINDANE IS A SUSPECT
CARCINOGEN. DIOXIN CAN PRODUCE SKIN IRRITATION AND RASHES, ARTHRALGIAS,
LIVER DAMAGE, AND BEHAVIORAL CHANGES; IT IS A TERATOGEN IN ANIMALS AND
PROBABLY IN HUMANS. MIREX HAS REPRODUCTIVE EFFECTS IN ANIMALS;
SPECIFICALLY, IT SUPPRESSES OVULATION, PROBABLY BY CENTRAL SUPPRESSION
OF LH (LUTEINIZING HORMONE). TOLUENE CAUSES DERMATITIS, CNS DEPRESSION,
AND LIVER DAMAGE. LINDANE CAN CAUSE ENEMIA AND LEUCOPENIA. THESE ARE
KNOWN EFFECTS OF THESE CHEMICALS. OTHER UNKNOWN EFFECTS MAY BE PRESENT.
IN SUMMARY, HISTORY AND MEDICAL SYMPTOMS PROVIDE CONVINCING
INDUSTRIES, AND GRIEF BROTHERS ARE EXPERIENCING HAZARDOUS EXPOSURES
TO TOXIC AND CARCINOGENIC CHEMICALS. THE MOST IMPORTANT SOURCE
OF EXPOSURE SEEMS TO BE FUMES FROM THE LANDFILL. ANOTHER POTENTIAL
SOURCE IS THE WATER. THE SIGNIFICANCE OF THE CANCERS WHICH HAVE
OCCURRED IS UNCLEAR. THAT MANY OF THE CANCERS OCCURRED IN THE
FURNACE WORKERS AT NL INDUSTRIES -- THOSE WORKERS IN CLOSES
PROXIMITY TO THE LANDFILL -- SUGGESTS THAT FUMES FROM THE LANDFILL
MAY BE CASUALLY RELATED. HOWEVER, IT IS IMPOSSIBLE AT THIS POINT
TO RULE OUT OCCUPATIONAL EXPOSURES (E.G., NICKEL) WITHIN THE
FURNACE ROOM AS CAUSAL.
IN ORDER TO MORE FULLY EVALUATE THE NATURE OF THE EXPOSURES AND THE
EFFECT OF THESE EXPOSURES ON THE HEALTH OF THE WORKERS IN THESE THREE
PLANTS, THE FOLLOWING RECOMMENDATIONS ARE MADE:
1. THAT A GENERAL HEALTH HISTORY QUESTIONNAIRE AND A SPECIFIC
REPRODUCTIVE QUESTIONNAIRE BE ADMINISTERED TO EXPOSED WORKERS.
CONSIDERATION SHOULD BE GIVEN TO ADMINISTERING THE REPRODUCTIVE
QUESTIONNAIRE TO THE WIVES OF EXPOSED WORKERS AS WELL.
HAZARDOUS WASTE DISPOSAL
TESTIMONY OF VIRTUOSO D, VAN EPPS C, AND SABEY C
790321
TESTIOMNY OF VAN EPPS C
REPORT ON MEETING WITH OCAW LOCAL 8-778 AND UNITED STEELWORKERS LOCALS 12256 AND 12230, 781211
TESTIMONY OF SABEY C
PART 014 OF 27
VIRTUOSO D PRESIDENT, LOCAL 12256
VAN EPPS C VICE PRESIDENT, LOCAL 8-778
SABEY C PRESIDENT, LOCAL 12230
OLIVER C
LAURIE D
RAABE M STAFF DIRECTOR, SUBCOMMITTEE
MOORE C W VICE PRESIDENT
UNITED STEELWORKERS OF AMERICA
OIL, CHEMICAL AND ATOMIC WORKERS
NATIONAL LEAD TAM DIVISION
U.S. HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND FOREIGN
COMMERCE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
NATIONAL LEAD INDUSTRIES, INC INDUSTRIAL CHEMICALS DIVISION P.O. BOX
700 HIGHTSTOWN, NJ 08520
109367
HEARINGS
HOUSE
TRANSCRIPT
CORRESPONDENCE
REPORT STUDY
2. THAT AIR SAMPLING AT EACH WORKSITE FOR THE FOLLOWING CHEMICAL
SUBSTANCES BE DONE (IF TECHNOLOGY ALLOWS):
A. MIREX
B. LINDANE
C. HEXACHLOROCYCLOPENTADIENE
D. DIOXIN
E. BENZENE
F. TOLUENE
G. CARBON TETRACHLORIDE
H. TRICHLOROPHENOL
I. TETRACHLOROPHENOL
J. HEXACHLOROBENZENE
K. TETRACHLOROBENZENE
3. THAT BIOLOGICAL TESTS ON WORKERS IN EACH PLANT FOR THE FOLLOWING
CHEMICAL SUBSTANCES BE DONE IN AN ATTEMPT TO REASURE (A) LEVEL OF
ABSORPTION AND (B) EXTENT OF EFFECTS, IF ANY: 1) LINDANE 2) MIREX 3)
DIOXIN 4) TOLUENE 5) TRICHLOROPHENOL 6) TETRACHLOROPHENOL
B. URINE ANALYSIS FOR HEXACHLOROCYCLOPENTADIENE.
C. BLOOD TESTS FOR LIVER FUNCTION, AND COMPLETE BLOOD COUNT AND
PLATELET COUNT.
D. PULMONARY FUNCTION TESTS, IF RESULTS OF THE QUESTIONNAIRES
INDICATE THAT A NEED EXISTS.
E. PHYSICAL EXAMINATIONS TO INCLUDE SPECIFICALLY SKIN, PULMONARY,
LIVER, AND NEUROLOGIC EXAMINATIONS, IF RESULTS OF THE ABOVE INDICATE A
NEED.
4. FINAL ANALYSIS OF THIS DATA TO DETERMINE WHETHER FURTHER
INVESTIGATION IS NEEDED.
CHRISTINE OLIVER, M.D., M.P.H.
HAZARDOUS WASTE DISPOSAL
TESTIMONY OF VIRTUOSO D, VAN EPPS C, AND SABEY C
790321
TESTIOMNY OF VAN EPPS C
REPORT ON MEETING WITH OCAW LOCAL 8-778 AND UNITED STEELWORKERS LOCALS 12256 AND 12230, 781211
TESTIMONY OF SABEY C
PART 015 OF 27
VIRTUOSO D PRESIDENT, LOCAL 12256
VAN EPPS C VICE PRESIDENT, LOCAL 8-778
SABEY C PRESIDENT, LOCAL 12230
OLIVER C
LAURIE D
RAABE M STAFF DIRECTOR, SUBCOMMITTEE
MOORE C W VICE PRESIDENT
UNITED STEELWORKERS OF AMERICA
OIL, CHEMICAL AND ATOMIC WORKERS
NATIONAL LEAD TAM DIVISION
U.S. HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND FOREIGN
COMMERCE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
NATIONAL LEAD INDUSTRIES, INC INDUSTRIAL CHEMICALS DIVISION P.O. BOX
700 HIGHTSTOWN, NJ 08520
109368
HEARINGS
HOUSE
TRANSCRIPT
CORRESPONDENCE
REPORT STUDY
MAP OMITTED.
HAZARDOUS WASTE DISPOSAL
TESTIMONY OF VIRTUOSO D, VAN EPPS C, AND SABEY C
790321
TESTIOMNY OF VAN EPPS C
REPORT ON MEETING WITH OCAW LOCAL 8-778 AND UNITED STEELWORKERS LOCALS 12256 AND 12230, 781211
TESTIMONY OF SABEY C
PART 016 OF 27
VIRTUOSO D PRESIDENT, LOCAL 12256
VAN EPPS C VICE PRESIDENT, LOCAL 8-778
SABEY C PRESIDENT, LOCAL 12230
OLIVER C
LAURIE D
RAABE M STAFF DIRECTOR, SUBCOMMITTEE
MOORE C W VICE PRESIDENT
UNITED STEELWORKERS OF AMERICA
OIL, CHEMICAL AND ATOMIC WORKERS
NATIONAL LEAD TAM DIVISION
U.S. HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND FOREIGN
COMMERCE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
NATIONAL LEAD INDUSTRIES, INC INDUSTRIAL CHEMICALS DIVISION P.O. BOX
700 HIGHTSTOWN, NJ 08520
109369
HEARINGS
HOUSE
TRANSCRIPT
CORRESPONDENCE
REPORT STUDY
CHEMICALS DUMPED BY HOOKER AT THE HYDE PARK LANDFILL (FROM THE LIST
SUPPLIED BY HOOKER TO THE NEW YORK STATE ENVIRONMENTAL CONSERVATION
DEPARTMENT):
VINYL CHLORIDE TOLUENE
DICHLOROTOLUENE
MONOCHLOROBENZOTRICHLORIDE
HEXACHLOROCYCLOHEXANE
HEXACHLOROCYCLOPENTADIENE
HEXACHLOROCYCLOBUTADIENE
OCTOCHLOROCYCLOPERTENE
CARBON TETRACHLORIDE
PERCHLOROETHYLENE
PENTAC (BI-2, 4-CYCLOPENTADIEN-1-YL, DECACHLORO)
ENDOSULFAN (5-NORBORNENE-2, 3-DIMETHANOL-1, 4, 5, 6, 7,
TETRACHLOROBENZENE
MONOCHLOROBENZENE
DICHLOROBENZENE
TRICHLOROBENZENE
BENZOTRICHLORIDE
BENZYLCHLORIDE
BENZOIC ACID
TRICHLOROPHENOL
TETRACHLORODIBENZO-P-DIOXIN
TETRACHLOROPHENOL
DICHLOROPHENOL
CHEMICALS RECOVERED BY THE NEW YORK STATE ENVIRONMENTAL CONSERVATION
DEPARTMENT IN THE SEDIMENT OF BLOODY RUN CREEK:
TETRACHLOROBENZENE. . .625 (SYMBOL OMITTED)
LINDANE (1, 2, 3, 4, 5, 6, HEXACHLOROCYCLOHEXANE. . . 152 (SYMBOL
OMITTED)
HEXACHLOROBENZENE. . .3803 (SYMBOL OMITTED)
MIREX. . ..07 (SYMBOL OMITTED)
CHLOROBENZENE. . .NOT QUANTITATED
TOLUENE. . .NOT QUANTITATED.
HAZARDOUS WASTE DISPOSAL
TESTIMONY OF VIRTUOSO D, VAN EPPS C, AND SABEY C
790321
TESTIOMNY OF VAN EPPS C
REPORT ON MEETING WITH OCAW LOCAL 8-778 AND UNITED STEELWORKERS LOCALS 12256 AND 12230, 781211
TESTIMONY OF SABEY C
PART 017 OF 27
VIRTUOSO D PRESIDENT, LOCAL 12256
VAN EPPS C VICE PRESIDENT, LOCAL 8-778
SABEY C PRESIDENT, LOCAL 12230
OLIVER C
LAURIE D
RAABE M STAFF DIRECTOR, SUBCOMMITTEE
MOORE C W VICE PRESIDENT
UNITED STEELWORKERS OF AMERICA
OIL, CHEMICAL AND ATOMIC WORKERS
NATIONAL LEAD TAM DIVISION
U.S. HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND FOREIGN
COMMERCE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
NATIONAL LEAD INDUSTRIES, INC INDUSTRIAL CHEMICALS DIVISION P.O. BOX
700 HIGHTSTOWN, NJ 08520
109370
HEARINGS
HOUSE
TRANSCRIPT
CORRESPONDENCE
REPORT STUDY
I. BY NIOSH PESTICIDE CRITERIA DOCUMENT
A. GROUP I: ACUTE EFFECTS AT EXTREMELY LOW DOSE, OR SERIOUS
IRREVERSIBLE EFFECTS
1. BENZOIC ACID
2. LINDANE
3. ENDOSULFAN
4. MIREX
5. TETRACHLOROPHENOLS
6. 2, 4, 5 TRICHLOROPHENOL
B. GROUP II: ACUTE EFFECTS AT LOWER DOSES THAN GROUP III.
1. HEXACHLOROBENZENE
2. HEXACHLOROCYCLOPENTADIENE
II. BY EPA CHOICE AS PESTICIDE CANDIDATE FOR ADDITIONAL ONCOLOGIC
TESTING, FEBRUARY 1976
A. BENZOIC ACID
B. ENDOSULFAN
C. TEXTRACHLOROPHENOLS
D. HEXACHLOROBENZENE
E. PENTAC
III. BY CARCINOGENICITY IN ANIMAL STUDIES
+ = DEFINITE CARCINOGEN
+ = INDEFINITE CARCINOGEN
NEO = NEOPLASTIC
A. HEXACHLOROCYCLOHEXANE. . .NEO
B. CARBON TETRACHLORIDE. . .+
C. DICHLOROBENZENE. . .+
D. BENZYLCHLORIDE. . .+
E. TRICHLOROPHENOL. . .+
F. TRICHLOROPHENOL. . .+
G. MIREX. . .+
H. LINDANE. . .+
I. HEXACHLOROCYCLOPENTADIENE. . .NEO
J. TETRACHLOROBENZENE. . .NEO
K. DIOXIN. . .NEO
L. BENZOIC ACID. . .NEO
IV. BY REPRODUCTIVE EFFECTS
MIREX: INHIBITS OVULATION.
HAZARDOUS WASTE DISPOSAL
TESTIMONY OF VIRTUOSO D, VAN EPPS C, AND SABEY C
790321
TESTIOMNY OF VAN EPPS C
REPORT ON MEETING WITH OCAW LOCAL 8-778 AND UNITED STEELWORKERS LOCALS 12256 AND 12230, 781211
TESTIMONY OF SABEY C
PART 018 OF 27
VIRTUOSO D PRESIDENT, LOCAL 12256
VAN EPPS C VICE PRESIDENT, LOCAL 8-778
SABEY C PRESIDENT, LOCAL 12230
OLIVER C
LAURIE D
RAABE M STAFF DIRECTOR, SUBCOMMITTEE
MOORE C W VICE PRESIDENT
UNITED STEELWORKERS OF AMERICA
OIL, CHEMICAL AND ATOMIC WORKERS
NATIONAL LEAD TAM DIVISION
U.S. HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND FOREIGN
COMMERCE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
NATIONAL LEAD INDUSTRIES, INC INDUSTRIAL CHEMICALS DIVISION P.O. BOX
700 HIGHTSTOWN, NJ 08520
109371
HEARINGS
HOUSE
TRANSCRIPT
CORRESPONDENCE
REPORT STUDY
V. BY TERATOGENICITY
DIOXIN: CLEFT PALATE, ANIMALS
ABSENT KNEECAP AND SHIN BONE
DEFORMED FINGERS AND TOES
SUSPECTED HUMAN
VI. BY MUTAGENICITY
NONE REPORTED
MR. SABEY. INASMUCH AS MY COLLEAGUES COVERED MOST OF THE MEDICAL
PROBLEMS, MY STATEMENT DEALS MORE WITH HOW THE DUMP WAS
I HAVE WORKED FOR N. L. INDUSTRIES ON HYDE PARK BOULEVARD IN NIAGARA
FALLS, N.Y., GOING ON 31 YEARS THIS OCTOBER. I STARTED TO WORK IN THE
YARD DEPARTMENT. I WORKED IN THIS DEPARTMENT FOR ABOUT 8 YEARS FROM
1948 UNTIL 1956.
ABOUT 1952 HOOKER STARTED A LANDFILL DUMP JUST OVER THE FENCE FROM
N.L. INDUSTRIES. THE NORTHERN SIDE OF THE YARD DEPARTMENT RUNS RIGHT UP
TO THIS FENCE. THE YARD DEPARTMENT IS TWO DEPARTMENTS IN ONE KNOWN AS
ALLOY. THIS IS THE YARD AND FURNACE ROOM.
THE FIRST THING I NOTICED WAS THEY WOULD DUMP DRUMS INTO THE PIT A
DAY OR SO, THEN COVER THEM WITH DIRT. SOME OF THESE EXPOSED DRUMS WOULD
BLOW UP AND FLY UP INTO THE AIR. WE LEARNED LATER THAT THIS HAPPENED
WHEN SOME OF THE DRUMS GOT WET. AFTER A SHORT TIME, FUMES WOULD COME
OUT OF THE DUMP AND COVER THE DEPARTMENT AND MANY TIMES THE PLANT.
WHENEVER THIS HAPPENED, MY EYES WOULD WATER AND MY SKIN WOULD BURN. IF
YOU COULD NOT RUN AWAY FROM THESE FUMES, THEN YOUR THROAT WOULD BURN
ALSO.
WHENEVER THE FUMES GOT BAD, THE WORKERS WOULD COMPLAIN TO THE OFFICE.
WE WERE TOLD THAT THE PLANT CALLED HOOKER EACH TIME THIS HAPPENED. A
SHORT TIME LATER, AS A RULE, THEY WOULD HAVE SOMEONE BULLDOZE DIRT OVER
THE DRUMS. AT TIMES FUMES CAUSED WORK STOPPAGE FOR SHORT SPANS OF TIME.
AT NIGHT IT WAS THE SAME -- A CALL WAS MADE, THEN YOU WOULD WAIT. AT
NIGHT IT TOOK MUCH LONGER BEFORE THE FUMES WERE STOPPED. AS TO HOW MUCH
OF THE PLANT WAS COVERED WOULD DEPEND ON THE WIND. AT TIMES THE FUMES
COVERED OUR PLANT COMPLETELY.
AS TIME WENT ON FUMES WERE NOTICED IN AN ELEVATOR SHAFT, AND ALONG
THE MAIN RAILROAD TRACK A COLORED AND SMELLY SLIME FORMED. THE ELEVATOR
PIT IS NOT FAR AWAY AND THE TRACK IS RIGHT ALONG THE FENCE. THE
RAILROAD BED HAS NOW BEEN REPLACED. A LOT OF STONE AND NEW TIES WERE
PUT IN.
THERE WAS ALSO THE TIME WHEN OUR FRONT OFFICE WAS BEING PAINTED.
DURING THE NIGHT THE DUMP EMITTED FUMES CAUSING DAMAGE TO THE FRESH
PAINT. THE NEXT DAY THE PAINT LOOKED LIKE IT HAD BEEN BURNED. IT WAS A
MESS.
I WOULD LIKE TO ELABORATE ON THAT A LITTLE BIT. IT LOOKED AS THOUGH
SOMEBODY TOOK A BLOWTORCH AND WENT OVER IT PREPARING THE
AS BACKGROUND, FROM 1949 I BECAME INVOLVED WITH UNION WORK. AT ONE
TIME OR ANOTHER I HELD EVERY OFFICE WITHIN THE LOCAL UNION. ALSO, I
MOVED INTO MAINTENANCE AS A MILLWRIGHT. I STATE THIS ONLY AS A
REFERENCE TO THE FACT THAT I BECAME MORE AWARE OF THE PLANT.
HAZARDOUS WASTE DISPOSAL
TESTIMONY OF VIRTUOSO D, VAN EPPS C, AND SABEY C
790321
TESTIOMNY OF VAN EPPS C
REPORT ON MEETING WITH OCAW LOCAL 8-778 AND UNITED STEELWORKERS LOCALS 12256 AND 12230, 781211
TESTIMONY OF SABEY C
PART 019 OF 27
VIRTUOSO D PRESIDENT, LOCAL 12256
VAN EPPS C VICE PRESIDENT, LOCAL 8-778
SABEY C PRESIDENT, LOCAL 12230
OLIVER C
LAURIE D
RAABE M STAFF DIRECTOR, SUBCOMMITTEE
MOORE C W VICE PRESIDENT
UNITED STEELWORKERS OF AMERICA
OIL, CHEMICAL AND ATOMIC WORKERS
NATIONAL LEAD TAM DIVISION
U.S. HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND FOREIGN
COMMERCE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
NATIONAL LEAD INDUSTRIES, INC INDUSTRIAL CHEMICALS DIVISION P.O. BOX
700 HIGHTSTOWN, NJ 08520
109372
HEARINGS
HOUSE
TRANSCRIPT
CORRESPONDENCE
REPORT STUDY
I DO NOT RECALL THE EXACT DATE OR YEAR -- I KNOW IT WAS THE EARLY
1970'S -- I BECAME CONCERNED THAT SOMETHING WAS WRONG. WHAT CAUSED MY
CONCERN IN THE EARLY 1970'S WAS THAT ALL OF A SUDDEN WE HAD EIGHT CANCER
PATIENTS. TO ME THERE SEEMED TO BE TOO MANY AILMENTS. RESPIRATORY
AILMENTS, CANCER, AND HEART TROUBLE SEEMED TO BE ON THE INCREASE. FOR
THE NUMBER OF EMPLOYEES, THESE AILMENTS SEEMED TOO HIGH.
MY CONCERN WAS EXPRESSED AT FIRST TO UNION OFFICERS AND THE
MEMBERSHIP. THESE PEOPLE WERE IN AGREEMENT WITH ME. I LATER EXPRESSED
THIS CONCERN TO THE PLANT MANAGER WHILE WE WERE HAVING A DISCUSSION. I
TOLD DOM THAT THESE AILMENTS SEEMED TOO HIGH, BUT I DID NOT GET ANY SIGN
OF ANY CONCERN. I GOT NO REACTION OF ANY KIND. UNKNOWN TO ME AT THE
TIME, THE EMPLOYEES AND UNIONS TO THE NORTH OF US WERE ALSO BECOMING
CONCERNED ABOUT THESE THINGS. THIS CAME TO LIGHT AT A LATER DATE.
THIS REPORT BRINGS YOU UP TO DATE AS TO WHAT HAPPENED AND OUR
CONCERN. WITH ALL DUE RESPECT, I WOULD ASK THAT IF THESE LANDFILL DUMPS
PROVE TO BE THE BLAME, THAT LAWS BE PASSED TO STOP THIS NIGHTMARE. YOU
MUST DO SOMETHING TO MAKE THIS GREAT COUNTRY OF OURS A SAFE PLACE FOR
OUR GRANDCHILDREN AND OUR GREAT GREAT GRANDCHILDREN. THIS, SIR, ONLY
YOU CAN DO.
THANK YOU.
MR. ECKHARDT. MR. GORE?
MR. GORE. I WOULD LIKE TO DIRECT THE SUBCOMMITTEE'S ATTENTION TO THE
MAP BRIEFLY.
MR. DENNIS VIRTUOSO IS THE UNION PRESIDENT FOR THE EMPLOYEES AT GREIF
BROS., WHICH IS JUST NORTH OF THE LANDFILL DUMP SITE. AS YOU CAN SEE,
BLOODY RUN CREEK RUNS UNDERNEATH THE PLANT (INDICATING THE LARGE MAP).
MR. VAN EPPS IS THE UNION REPRESENTATIVE AT NIAGARA STEEL
SITE.
MR. SABEY IS THE UNION PRESIDENT FOR NATIONAL LEAD, THE N.L. CORP.,
WHICH IS JUST TO THE SOUT OF THE LANDFILL SITE.
THE FUMES AND THE RUNOFF ARE ADJACENT TO ALL OF THE SITES WHERE THE
PEOPLE THEY HAVE TALKED ABOUT WORK.
MR. ECKHARDT. EXCUSE ME JUST A MOMENT, MR. GORE. WITHOUT OBJECTION,
LET US RESERVE IN THE RECORD A PLACE FOR THE MAP AT THIS POINT FOR
IDENTIFICATIONOF EACH OF THE REPRESENTATIVES WITH THEIR NAMES PLACED BY
THE LAND YOU DESCRIBED.
MR. GORE. I MIGHT SAY THAT A SMALLER VERSION OF THIS MAP IS ATTACHED
TO MY TESTIMONY, MR. CHAIRMAN. (SEE P. 16.)
YOU HAVE TALKED ABOUT A NUMBER OFHEALTH PROBLEMS -- ALL OF YOU HAVE.
I MIGHT SAY BRIEFLY AT THE OUTSET THAT THE SLEEPING SYMPTOM YOU TALKED
ABOUT, MR. VIRTUOSO, IS ONE THAT HAS BEEN IDENTIFIED WITH 2,4,5-T AND
DIOXIN.
MR. SABEY, YOU M ENTIONED THE DRUMS BLOWING UP. WE ARE GOING TO HEAR
SOME TESTIMONY ABOUT OTHER SITES WHERE PEOPLE WORKING IN THE AREA HAVE
NOTICED DRUMS BLOWING UP OCCASIONALLY. YOU SAY THE CAUSE IS THAT THEY
GET WET. I DO NOT KNOW. WE WILL GET TO THAT LATER IN THESE HEARINGS.
THESE STATISTICS ARE JUST INCREDIBLE. YOU HAVE A RELATIVELY FEW
NUMBER OF PEOPLE WORKING IN THESE THREE PLANTS, YET THE INCIDENCE OF
CANCER AMONG THE EMPLOYEES OF THESE THREE PLANTS IS EXTREMELY HIGH.
HAZARDOUS WASTE DISPOSAL
TESTIMONY OF VIRTUOSO D, VAN EPPS C, AND SABEY C
790321
TESTIOMNY OF VAN EPPS C
REPORT ON MEETING WITH OCAW LOCAL 8-778 AND UNITED STEELWORKERS LOCALS 12256 AND 12230, 781211
TESTIMONY OF SABEY C
PART 020 OF 27
VIRTUOSO D PRESIDENT, LOCAL 12256
VAN EPPS C VICE PRESIDENT, LOCAL 8-778
SABEY C PRESIDENT, LOCAL 12230
OLIVER C
LAURIE D
RAABE M STAFF DIRECTOR, SUBCOMMITTEE
MOORE C W VICE PRESIDENT
UNITED STEELWORKERS OF AMERICA
OIL, CHEMICAL AND ATOMIC WORKERS
NATIONAL LEAD TAM DIVISION
U.S. HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND FOREIGN
COMMERCE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
NATIONAL LEAD INDUSTRIES, INC INDUSTRIAL CHEMICALS DIVISION P.O. BOX
700 HIGHTSTOWN, NJ 08520
109373
HEARINGS
HOUSE
TRANSCRIPT
CORRESPONDENCE
REPORT STUDY
MR. VIRTUOSO, YOU HAVE BETWEEN 50 AND 60 PEOPLE WORKING AT GREIF
BROS.?
MR. VIRTUOSO. THAT IS RIGHT.
MR. GORE. HOW MANY CASES OF CANCER HAVE THERE BEEN IN THE PAST 8
YEARS?
MR. VIRTUOSO. EIGHT.
MR. GORE. EIGHT CASES OF CANCER OUT OF 60 IN THE PAST 8 YEARS.
MR. VIRTUOSO. THAT IS RIGHT.
MR. GORE. THAT IS ABSOLUTELY INCREDIBLE.
WHAT PERCENTAGES OF YOUR EMPLOYEES THERE HAVE HAD SERIOUS HEALTH
MR. VIRTUOSO. OUT OF 50 OR 60 EMPLOYEES, I WOULD SAY MORE THAN HALF.
THERE ARE A LOT OF PEOPLE WHO ARE NOT ADMITTING IT. THEY ARE AFRAID.
MR. GORE. WHY ARE THEY AFRAID?
MR. VIRTUOSO. THEY ARE AFRAID THE PLANT WILL CLOSE UP IF THEY SQUAWK
TOO MUCH.
MR. GORE. TO WHOM DO YOU SELL MOST OF YOUR DRUMS?
MR. VIRTUOSO. HOOKER.
MR. GORE. WHAT PERCENTAGE?
MR. VIRTUOSO. ABOUT 90 PERCENT.
MR. GORE. YOU ARE SPEAKING OUT IN SPITE OF THE FACT THAT 90 PERCENT
OF THE DRUMS THAT YOU AND YOUR UNION MEMBERS MANUFACTURE ARE SOLD TO THE
COMPANY THAT MAINTAINS THIS LANDFILL.
MR. VIRTUOSO. THAT IS CORRECT.
MR. GORE. I ADMIRE YOUR COURAGE IN SPEAKING OUT.
THE ENVIRONMENTAL MOVEMENT HAS SOMETIMES BEEN GIVEN A BAD NAME
BECAUSE IT HAS FOCUSED SOMETIMES ON NIT-PICKING THINGS. HOWEVER, WHEN
YOU SET TO SOME OF THESE MAJOR HAZARDS, IT IS QUITE A DIFFERENT STORY.
HOW DO YOU BALANCE THE AGE-OLD CONFLICT OR THE RECENT CONFLICT
BETWEEN JOBS AND CLEANING UP THE ENVIRONMENT? YOU ARE A UNION
REPRESENTATIVE. YOU REPRESENT ALL THESE EMPLOYEES WHOSE EMPLOYMENT IS
DIRECTLY DEPENDENT UPON THE COMPANY THAT MAINTAINS THIS SITE. HOW DO
YOU STRIKE THAT BALANCE? WHAT IS MORE IMPORTANT -- JOBS OR THE
ENVIRONMENT?
MR. VIRTUOSO. TO ME THE HEALTH OF MYSELF AND MY FAMILY IS THE MOST
IMPORTANT THING. NO JOB IS WORTH YOUR LIFE.
MR. GORE. YOU TALKED ABOUT THE MANHOLE COVER, MR. VIRTUOSO. COULD
YOU TELL US A LITTLE BIT MORE ABOUT THAT? BLOODY RUN CREEK GOES RIGHT
UNDERNEATH THE PLANT. AS I UNDERSTAND IT, THERE IS A MANHOLE RIGHT IN
THE MIDDLE OF THE FLOOR OF YOUR PLANT. IS THAT RIGHT.
MR. VIRTUOSO. IT IS NOT IN THE MIDDLE. IT IS TOWARD THE
MR. GORE. IS IT TOWARD THE SOUTHERN EDGE?
MR. VIRTUOSO. YES.
MR. VIRTUOSO. THEY PUT THE STEEL COVER ON DECEMBER 17, 1978.
MR. GORE. SO IT WAS VERY RECENTLY. BEFORE THAT THERE WAS A PLASTIC
COVER?
MR. VIRTUOSO. YES.
MR. GORE. WHAT HAPPENED TO THE PLASTIC COVER?
MR. VIRTUOSO. IT WAS EATEN AWAY.
HAZARDOUS WASTE DISPOSAL
TESTIMONY OF VIRTUOSO D, VAN EPPS C, AND SABEY C
790321
TESTIOMNY OF VAN EPPS C
REPORT ON MEETING WITH OCAW LOCAL 8-778 AND UNITED STEELWORKERS LOCALS 12256 AND 12230, 781211
TESTIMONY OF SABEY C
PART 021 OF 27
VIRTUOSO D PRESIDENT, LOCAL 12256
VAN EPPS C VICE PRESIDENT, LOCAL 8-778
SABEY C PRESIDENT, LOCAL 12230
OLIVER C
LAURIE D
RAABE M STAFF DIRECTOR, SUBCOMMITTEE
MOORE C W VICE PRESIDENT
UNITED STEELWORKERS OF AMERICA
OIL, CHEMICAL AND ATOMIC WORKERS
NATIONAL LEAD TAM DIVISION
U.S. HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND FOREIGN
COMMERCE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
NATIONAL LEAD INDUSTRIES, INC INDUSTRIAL CHEMICALS DIVISION P.O. BOX
700 HIGHTSTOWN, NJ 08520
109374
HEARINGS
HOUSE
TRANSCRIPT
CORRESPONDENCE
REPORT STUDY
MR. GORE. THE PLASTIC COVER WAS EATEN AWAY BY THE FUMES COMING UP.
DID ANYBODY EVER GO DOWN IN THAT MANHOLE?
MR. VIRTUOSO. I AM NOT SURE. I THINK ONE OF THE MANAGEMENT PEOPLE
WENT DOWN THERE ONCE. HE HAS SOME TYPE OF BLOOD DISEASE. THEY ARE
TRYING TO FIGURE OUT WHAT IT IS.
MR. GORE. I WAS TOLD BY SOME OF THE GUYS THAT WORKED WITH YOU THAT
THE MAINTENANCE MAN, WHOSE RESPONSIBILITY IS WAS TO GO DOWN THERE
OCCASIONALLY, DID HAVE A SERIOUS BLOOD DISEASE OF SOME KIND. I WANTED
TO ASK YOU ABOUT THAT.
CAN YOU TELL US A LITTLE BIT MORE ABOUT THE KINDS OF CANCER THAT YOUR
UNION MEMBERS HAVE HAD?
MR. VIRTUOSO. I REALLY DO NOT KNOW. AT THE TIME IF A PERSON DIED OF
CANCER, WE NEVER REALLY LOOKED INTO IT. HOWEVER, NOW I THINK IT SHOULD
BE LOOKED INTO. THAT IS ONE OF THE REASONS WHY WE WANT NIOSH DOWN HERE.
THEY CAN EXAMINE THESE MEDICAL RECORDS AND FIND OUT.
MR. GORE. MR. SABEY, IT IS TRUE THAT YOU AND YOUR EMPLOYEES AT N.L.
INDUSTRIES, JUST SOUTH OF THIS DUMP SITE, HAVE BEEN COMPLAINING FOR
YEARS ABOUT THE FUMES FROM THE LANDFILL. IS THAT CORRECT?
MR. SABEY. YES SIR.
MR. GORE. IS IT A FACT THAT SOMETIMES THE FUMES WERE SO BAD THAT
WORKERS HAD TO EVACUATE THE PLANT?
MR. SABEY. IT SURE WAS. WE DID NOT EVACUATE THE PLANT BUT WE SURE
EVACUATED THE AREA.
MR. GORE. HAVE ANY OF THE THREE OF YOU HAD ANY PROBLEMS LATELY WITH
THIS? MR. GORE. TELL US WHAT HAPPENED ON MONDAY. MR. VAN EPPS. WINDS
WERE COMING OUT OF THE EAST AND FUMES WERE COMING INTO THE PLANT BACK
DOOR. WE HAD TO KEEP THE DOOR SHUT. IT WAS PRETTY BAD.
MR. SABEY. THE FUMES HIT THE FRONT END OF N.L. AND YOU COULD HARDLY
STAND IT. YOU HAD TO GET OUT.
MR. GORE. DID IT JUST GET TO YOUR EYES AND SKIN?
MR. SABEY. YES, SIR. IT BURNS THE EYES. RIGHT NOW I HAVE AN EYE
PROBLEM. I ALSO HAVE A THROAT PROBLEM.
I SPENT MY FIRST YEARS INTHE YARD DEPARTMENT. THEN AFTER I WENT TO
MAINTENANCE I ALSO WORKED NEAR THE DUMP.
MR. GORE. MR. CHAIRMAN, I WOULD LIKE TO INTRODUCE AN EXHIBIT INTO
THE RECORD AT THIS TIME. IT IS A LETTER TO JOHN JUDY, WORKS MANAGER,
HOOKER CHEMICAL CORP. IT IS FROM MR. D. LAURIE, THE PLANT MANAGER AT
NATIONAL LEAD. I WOULD LIKE TO ASK THE STAFF TO GIVE MR. SABEY A COPY
OF THIS LETTER.
MR. ECKHARDT. WITHOUT OBJECTION, THE LETTER WILL BE ENTERED IN THE
RECORD AT THIS POINT.
(THE LETTER REFERRED TO FOLLOWS:)
HAZARDOUS WASTE DISPOSAL
TESTIMONY OF VIRTUOSO D, VAN EPPS C, AND SABEY C
790321
TESTIOMNY OF VAN EPPS C
REPORT ON MEETING WITH OCAW LOCAL 8-778 AND UNITED STEELWORKERS LOCALS 12256 AND 12230, 781211
TESTIMONY OF SABEY C
PART 022 OF 27
VIRTUOSO D PRESIDENT, LOCAL 12256
VAN EPPS C VICE PRESIDENT, LOCAL 8-778
SABEY C PRESIDENT, LOCAL 12230
OLIVER C
LAURIE D
RAABE M STAFF DIRECTOR, SUBCOMMITTEE
MOORE C W VICE PRESIDENT
UNITED STEELWORKERS OF AMERICA
OIL, CHEMICAL AND ATOMIC WORKERS
NATIONAL LEAD TAM DIVISION
U.S. HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND FOREIGN
COMMERCE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
NATIONAL LEAD INDUSTRIES, INC INDUSTRIAL CHEMICALS DIVISION P.O. BOX
700 HIGHTSTOWN, NJ 08520
109375
HEARINGS
HOUSE
TRANSCRIPT
CORRESPONDENCE
REPORT STUDY
AUGUST 15, 1972
MR. JOHN JUDY WORKS MANAGER HOOKER CHEMICAL CORPORATION BUFFALO
AVENUE & 47TH STREET NIAGARA FALLS, NEW YORK
WE WANT TO ACQUAINT YOU WITH WHAT WE CONSIDER TO BE AN EXTREMELY
DANGEROUS CONDITION EFFECTING OUR PLANT AND EMPLOYEES.
THE HOOKER DISPOSAL SITE, LOCATED ADJACENT TO OUR PROPERTY, HAS
CAUSED A PROBLEM ON TWELVE (12) OCCASIONS INTE PAST FIVE (5) YEARS.
AGAIN TODAY, THEPROBLEM WAS CRITICAL. WE RECEIVED A CALL AT 7:15 A.M.
THAT OUR MIDNIGHT SHIFT WORKERS HAD COMPLAINED OF COUGHING AND SORE
THROATS FROM THE OBNOXIOUS AND CORROSIVE FUMES PERMEATING FROM THE
DISPOSAL SITE AND THAT PLANT, THE FUMES WERE OBVIOUS, THE MEN WERE
DISTURBED AND THERE WERE MANY INDICATIONS OF PHYSICAL DAMAGE TO OUR
BUILDINGS. YOUR POLLUTION CONTROL DEPARTMENT WAS NOTIFIED AT 7:35 A.M.,
AND TWO OF YOUR ENGINEERS TOOK OVER THEPROBLEM IMMEDIATELY -- TIS WE
APPRECIATED.
THIS SITUATION CANNOT BE ALLOWED TO OCCUR AGAIN. YOUR ENGINEERS
SECURED SAMPLES OF SOLUTION AND PAINT CHIPS FROM OUR BUILDINGS AND WE
WOULD LIKE TO KNOW THE RESULTS OF YOUR TESTS. WE ARE ANXIOUS TO KNOW
HOW THE PHYSICAL DAMAGE TO OUR BUILDINGS AND EQUIPMENT WILL BE
CORRECTED. IN LIGHT OF THE SERIOUSNESS OF THIS OCCURRENCE AND THE
POTENTIAL HAZARDS THAT EXIST, WE URGE YOU TO STOP DUMPING WASTES
IMMEDIATELY AND CORRECT THE CONDITION THAT NOW EXISTS.
YOUR IMMEDIATE ATTENTION AND REPLY TO THIS LETTER WILL BE
APPRECIATED.
D. LAURIE PLANT MANAGER.
HAZARDOUS WASTE DISPOSAL
TESTIMONY OF VIRTUOSO D, VAN EPPS C, AND SABEY C
790321
TESTIOMNY OF VAN EPPS C
REPORT ON MEETING WITH OCAW LOCAL 8-778 AND UNITED STEELWORKERS LOCALS 12256 AND 12230, 781211
TESTIMONY OF SABEY C
PART 023 OF 27
VIRTUOSO D PRESIDENT, LOCAL 12256
VAN EPPS C VICE PRESIDENT, LOCAL 8-778
SABEY C PRESIDENT, LOCAL 12230
OLIVER C
LAURIE D
RAABE M STAFF DIRECTOR, SUBCOMMITTEE
MOORE C W VICE PRESIDENT
UNITED STEELWORKERS OF AMERICA
OIL, CHEMICAL AND ATOMIC WORKERS
NATIONAL LEAD TAM DIVISION
U.S. HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND FOREIGN
COMMERCE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
NATIONAL LEAD INDUSTRIES, INC INDUSTRIAL CHEMICALS DIVISION P.O. BOX
700 HIGHTSTOWN, NJ 08520
109376
HEARINGS
HOUSE
TRANSCRIPT
CORRESPONDENCE
REPORT STUDY
MR. GORE. HAVE YOU EVER SEEN THIS LETTER BEFORE, MR. SABEY?
MR. SABEY. NO, I HAVE NOT. TO MY KNOWLEDGE, I NEVER KNEW THEY
DID ANYTHING.
MR. GORE. THE SUBCOMMITTEE STAFF TALKED WITH YOU BRIEFLY ABOUT THIS
LETTER BEFOREHAND, BUT YOU HAD NEVER SEEN IT PRIOR TO THAT. IS THAT
CORRECT?
MR. SABEY. THAT WAS THE FIRST KNOWLEDGE I HAD OF IT, YES.
MR. GORE. I THINK IT IS MOST SIGNIFICANT. I WOULD LIKE TO READ
PARTS OF IT INTO THE RECORD.
DEAR MR. JUDY: WE WANT TO ACQUAINT YOU WITH WHAT WE CONSIDER TO BE
AN EXTREMELY DANGEROUS CONDITION AFFECTING OUR PLANT AND EMPLOYEES.
THIS IS FROM THE NATIONAL LEAD PLANT MANAGER TO THE HOOKER PEOPLE.
THE HOOKER DISPOSAL SITE, LOCATED ADJACENT TO OUR PROPERTY, HAS
CAUSED A PROBLEM ON 12 OCCASIONS IN THE PAST 5 YEARS. AGAIN TODAY THE
PROBLEM WAS CRITICAL. WE RECEIVED A CALL AT 7:15 A.M. THAT OUR FROM THE
OBNOXIOUS AND CORROSIVE FUMES PERMEATING FROM THE DISPOSAL SITE AND THAT
OUR DAYWORKERS WERE LEAVING THE PLANT. UPON ARRIVING AT THE PLANT, THE
FUMES WERE OBVIOUS, THE MEN WERE DISTURBED, AND THERE WERE MANY
INDICATIONS OF PHYSICAL DAMAGE TO OUR BUILDINGS. YOUR POLLUTION CONTROL
DEPARTMENT WAS NOTIFIED AT 7:35 A.M. AND TWO OF YOUR ENGINEERS TOOK OVER
THE PROBLEM IMMEDIATELY -- THIS WE APPRECIATED.
I THINK THIS LETTER INDICATES THAT AS EARLY AS 1967 YOUR PLANT WAS
BEING CONTAMINATED BY FUMES FROM THE HYDE PARK SITE. YOU HAVE JUST
TESTIFIED THAT AS RECENTLY AS MONDAY, 2 DAYS AGO, THESE PROBLEMS ARE
CONTINUING.
ARE YOU SATISFIED WITH THE RESPONSE THAT HAS BEEN MADE?
MR. SABEY. I AM NOT.
MR. GORE. THE PROBLEM HAS NOT BEEN SOLVED?
MR. SABEY. NO.
MR. ECKHARDT. MRE. GORE, WOULD YOU PAUSE FOR A MOMENT?
MR. GORE. YES.
MR. ECKHARDT. I WOULD LIKE TO LEAVE THE RECORD OPEN AT THIS TIME IN
CASE NATIONAL LEAD CO. OR THE WRITER OF THIS LETTER DECIDES TO PUT IN
ANY TESTIMONY WITH RESPECT TO THE VALIDITY OR INVALIDITY OF THE LETTER.
I CAN SAY THAT THIS LETTER WAS OBTAINED BY THE STAFF FROM THE FILES OF
THE SEC IN ACCORDANCE WITH LAW. AS A MATTER OF FAIRNESS TO THE COMPANY,
WITHOUT OBJECTION WE WILL LEAVE THE RECORD OPEN AT THIS TIME FOR ANY
COMMENTS THATMIGHT BE DESIRED ON THEIR PART.
STAFF WILL PLEASE SEND A COPY OF THE LETTER TO NATIONAL LEAD.
(THE FOLLOWING LETTER AND REPLY WERE RECEIVED FOR THE RECORD:)
HAZARDOUS WASTE DISPOSAL
TESTIMONY OF VIRTUOSO D, VAN EPPS C, AND SABEY C
790321
TESTIOMNY OF VAN EPPS C
REPORT ON MEETING WITH OCAW LOCAL 8-778 AND UNITED STEELWORKERS LOCALS 12256 AND 12230, 781211
TESTIMONY OF SABEY C
PART 024 OF 27
VIRTUOSO D PRESIDENT, LOCAL 12256
VAN EPPS C VICE PRESIDENT, LOCAL 8-778
SABEY C PRESIDENT, LOCAL 12230
OLIVER C
LAURIE D
RAABE M STAFF DIRECTOR, SUBCOMMITTEE
MOORE C W VICE PRESIDENT
UNITED STEELWORKERS OF AMERICA
OIL, CHEMICAL AND ATOMIC WORKERS
NATIONAL LEAD TAM DIVISION
U.S. HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND FOREIGN
COMMERCE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
NATIONAL LEAD INDUSTRIES, INC INDUSTRIAL CHEMICALS DIVISION P.O. BOX
700 HIGHTSTOWN, NJ 08520
109377
HEARINGS
HOUSE
TRANSCRIPT
CORRESPONDENCE
REPORT STUDY
MARCH 27, 1979
MR. RICHARD M. HUNT NL INDUSTRIES 1150 CONNECTICUT AVENUE, NW SUITE
1009 WASHINGTON, D.C. 20036 HELD HEARINGS LAST WEEK ON THE PROBLEM OF
HAZARDOUS WASTE DISPOSAL. PART OF THE TESTIMONY HEARD ON MARCH 21
CONCERNED THE HYDE PARK LANDFILL, A CHEMICAL WASTE DISPOSAL DUMP SITE
WHICH ABUTS YOUR NIAGARA FALLS INDUSTRIAL CHEMICAL DIVISION PLANT.
DURING THE TESTIMONY OF MR. CARL SABEY, THE PRESIDENT OF THE UNITED
STEEL WORKERS LOCAL AT THAT PLANT, A LETTER DATED AUGUST 15, 1972 WAS
INTRODUCED. THAT LETTER FROM D. LAURIE, PLANT MANAGER OF YOUR NIAGARA
FALLS LOCATION, TO JOHN JUDY, WORKS MANAGER FOR HOOKER CHEMICAL
CORPORATION, COMPLAINS ABOUT NUMEROUS PROBLEMS ASSOCIATED WITH FUMES
COMING OFF THE HOOKER DUMP SITE.
THAT LETTER WAS OBTAINED FROM THE FILES OF THE SECURITIES AND
EXCHANGE COMMISSION (SEC) IN ACCORDANCE WITH APPLICABLE LAW. THE SEC
HAD OBTAINED THE LETTER FROM OCCIDENTAL PETROLEUM, THE PARENT COMPANY OF
HOOKER CHEMICAL.
AS A MATTER OF FAIRNESS TO YOUR COMPANY, THE CHAIRMAN, BOB ECKHARDT,
REQUESTED THAT THE RECORD BE LEFT OPEN IN THE EVENT THAT NL MIGHT WISH
TO SUBMIT ANY TESTIMONY TO THE SUBCOMMITTEE ON THE VALIDITY OR
INVALIDITY OF THE LETTER. ACCORDINGLY, I AM ENCLOSING A COPY OF
THELETTER AND INFORMING YOU THAT THE RECORD IS OPEN FOR ANY COMMENTS
THAT NL INDUSTRIES OR MR. D. LAURIE MAY WISH TO MAKE REGARDING THAT
DOCUMENT.
CC: JACK ROPER RICHARD UNWIN JAMES WALSH
HAZARDOUS WASTE DISPOSAL
TESTIMONY OF VIRTUOSO D, VAN EPPS C, AND SABEY C
790321
TESTIOMNY OF VAN EPPS C
REPORT ON MEETING WITH OCAW LOCAL 8-778 AND UNITED STEELWORKERS LOCALS 12256 AND 12230, 781211
TESTIMONY OF SABEY C
PART 025 OF 27
VIRTUOSO D PRESIDENT, LOCAL 12256
VAN EPPS C VICE PRESIDENT, LOCAL 8-778
SABEY C PRESIDENT, LOCAL 12230
OLIVER C
LAURIE D
RAABE M STAFF DIRECTOR, SUBCOMMITTEE
MOORE C W VICE PRESIDENT
UNITED STEELWORKERS OF AMERICA
OIL, CHEMICAL AND ATOMIC WORKERS
NATIONAL LEAD TAM DIVISION
U.S. HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND FOREIGN
COMMERCE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
NATIONAL LEAD INDUSTRIES, INC INDUSTRIAL CHEMICALS DIVISION P.O. BOX
700 HIGHTSTOWN, NJ 08520
109378
HEARINGS
HOUSE
TRANSCRIPT
CORRESPONDENCE
REPORT STUDY
APRIL 5, 1979
THE HON. BOB ECKHARDT, CHAIRMAN SUBCOMMITTEE ON OVERSIGHT AND
INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
WASHINGTON, D.C. 20515
WE ARE IN RECEIPT OF YOUR MR. RAABE'S LETTER OFMARCH 27, 1979 TO OUR
MR. RICHARD M. HUNT IN WHICH YOUR COMMITTEE OFFERED NL AN OPPORTUNITY TO
COMMENT ON THE VALIDITY OF AN EARLIER LETTER SUBMITTED TO THE
SUBCOMMITTEE. THE EARLIER LETTER IS DATED AUGUST NIAGARA FACILITY AT
THAT TIME TO A HOOKER CHEMICAL CORPORATION WORKS MANAGER.
THE LETTER APPEARS TO BE VALID AND NL HAS NO REASON TO DOUBT ITS
AUTHENTICITY. WE HAVE LOOKED CAREFULLY INTO THIS MATTER AND HAVE UNABLE
TO UNCOVER ANY FURTHER CORRESPONDENCE. I WOULD NOT THAT THE LETTER
INDICATES HOOKER ENGINEERS WERE BROUGHT IN RIGHT AWAY AND IT IS POSSIBLE
THAT THE PARTICULAR PROBLEM DISCUSSED IN THE 1972 LETTER WAS RECTIFIED.
HOWEVER, YOU MAY WISH TO VERIFY THIS DIRECTLY WITH HOOKER WHICH, OF
COURSE, MANAGED THE DISPOSAL SITE IN QUESTION.
IF WE CAN BE OF FURTHER ASSISTANCE TO YOU OR THE SUBCOMMITTEE, KINDLY
ADVISE.
CC: MR. R. M. HUNT
HAZARDOUS WASTE DISPOSAL
TESTIMONY OF VIRTUOSO D, VAN EPPS C, AND SABEY C
790321
TESTIOMNY OF VAN EPPS C
REPORT ON MEETING WITH OCAW LOCAL 8-778 AND UNITED STEELWORKERS LOCALS 12256 AND 12230, 781211
TESTIMONY OF SABEY C
PART 026 OF 27
VIRTUOSO D PRESIDENT, LOCAL 12256
VAN EPPS C VICE PRESIDENT, LOCAL 8-778
SABEY C PRESIDENT, LOCAL 12230
OLIVER C
LAURIE D
RAABE M STAFF DIRECTOR, SUBCOMMITTEE
MOORE C W VICE PRESIDENT
UNITED STEELWORKERS OF AMERICA
OIL, CHEMICAL AND ATOMIC WORKERS
NATIONAL LEAD TAM DIVISION
U.S. HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND FOREIGN
COMMERCE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
NATIONAL LEAD INDUSTRIES, INC INDUSTRIAL CHEMICALS DIVISION P.O. BOX
700 HIGHTSTOWN, NJ 08520
109379
HEARINGS
HOUSE
TRANSCRIPT
CORRESPONDENCE
REPORT STUDY
MR. GORE. THANK YOU, MR. CHAIRMAN.
I WANT TO REITERATE THAT THIS LETTER DATED 1972 DETAILS COMPLAINTS
GIVEN TO THE HOOKER CO. OVER THE 5 PREVIOUS YEARS DATING BACK TO 1967.
ON 12 OCCASIONS THERE WERE PROBLEMS THAT THE PLANT MANAGER THOUGHT
NECESSARY TO COMMUNICATE WITH HOOKER ABOUT.
THIS PROBLEM, AS I SAID, ALSO HAS NOT BEEN SOLVED YET. IT CONTINUES
TO BE A PROBLEM.
HAVE ANY OF YOU THOUGHT ABOUT NOT CONTINUING TO WORK THERE?
MR. VAN EPPS. HOW CAN YOU NOT CONTINUE TO WORK THERE WHEN YOU HAVE A
WIFE AND KIDS TO RAISE? WHO IS GOING TO SUPPORT THEM?
MR. GORE. YOU HAVE A WIFE AND CHILD AND YOU HAVE MORTGAGE PAYMENTS.
YOU HAVE TO HAVE A JOB.
MR. VAN EPPS. THAT IS CORRECT.
MR. GORE. WOULD ANY OF THE OTHERS LIKE TO COMMENT?
MR. SABEY. I DO NOT HAVE ANY SMALL CHILDREN BUT ALL MY FAMILY IS
THERE. MY HOME IS THERE. IT IS PAID FOR. I CANNOT AFFORD TO GIVE UP A
HOME THATIS PAID FOR AND GO OUT AND GET ANOTHER ONE. I AM TOO OLD FOR
THAT.
I FEEL THAT IF THE DANGER IS THERE I HAVE BEEN EXPOSED TO IT. WHAT I
AM WORRIED ABOUT ARE MY CHILDREN'S CHILDREN AND POSSIBLY EVEN THEIR
CHILDREN.
IF CONGRESS DOES NOT DO SOMETHING TO STOP THIS DISASTER, THEN
THE SAME PROBLEM. THIS IS MY MAIN CONCERN. IF IT COSTS ME MY JOB.
IF I WENT BACK TOMORROW AND I WAS OUT OF WORK, I WOULD STILL HAVE
THE FEELING OF SATISFACTION.
MR. GORE. I ADMIRE YOUR COURAGE IN SPEAKING OUT, MR. SABEY.
LET ME SAY THAT THIS SITE WAS CHOSEN AS ONE THAT IS REPRESENTATIVE OF
MANY SITES AROUND THE COUNTRY. WE ARE NOT JUST TALKING ABOUT A COUPLE
HUNDRED PEOPLE HERE. WE ARE TALKING ABOUT A SITE THAT ILLUSTRATES A
PROBLEM THAT IS NATIONWIDE. WE DO NOT KNOW HOW MANY HUNDREDS, OR
PERHAPS THOUSANDS, OF SITES THERE ARE IN THIS COUNTRY THAT RESEMBLE THIS
ONE.
I APPRECIATE YOUR WILLINGNESS TO COME HERE AND TELL US IN DETAIL OF
THE HEALTH PROBLEMS THAT YOU AND YOUR FELLOW WORKERS HAVE EXPERIENCED IN
SPITE OF THE FACT THAT YOU FEEL, ALL OF YOU, THAT IT MIGHT HAVE SOME
REPERCUSSIONS IN TERMS OF YOUR EMPLOYMENT. I WOULD LIKE TO THANK YOU
FOR YOUR COURAGE IN COMING TO TESTIFY.
THANK YOU, MR. CHAIRMAN.
MR. ECKHARDT. MR. LENT?
MR. LENT. I HAVE NO QUESTIONS, MR. CHAIRMAN. I JUST WANT TO THANK
THE WITNESSES FOR THEIR RESPONSIVENESS.
MR. VAN EPPS. MAY I SAY SOMETHING?
MR. ECKHARDT. YES.
MR. VAN EPPS. IN 1974 THEY SAID THEY STOPPED DUMPING. THEY HAVE
BEEN DUMPING UP TO 4 MONTHS AGO.
MR. GORE. I MEANT TO ASK YOU ABOUT THAT. THANK YOU FOR BRINGING
THAT UP.
WE HAD SOME MATERIAL FROM DR. CHRIS OLIVER WHO SAID, IN READING
THROUGH HER MEMORANDUM, THAT WORKERS DESCRIBED CONTINUED DUMPING AT THE
HYDE PARK SITE IN THE EARLY MORNING AND LATE EVENING AS LATE AS A MONTH
AGO DESPITE THE FACT THAT THE COMPANY MAINTAINS THEY CEASED DUMPING
CHEMICAL WASTES SEVERAL YEARS AGO. YOU ARE SAYING 4 MONTHS AGO.
HAZARDOUS WASTE DISPOSAL
TESTIMONY OF VIRTUOSO D, VAN EPPS C, AND SABEY C
790321
TESTIOMNY OF VAN EPPS C
REPORT ON MEETING WITH OCAW LOCAL 8-778 AND UNITED STEELWORKERS LOCALS 12256 AND 12230, 781211
TESTIMONY OF SABEY C
PART 027 OF 27
VIRTUOSO D PRESIDENT, LOCAL 12256
VAN EPPS C VICE PRESIDENT, LOCAL 8-778
SABEY C PRESIDENT, LOCAL 12230
OLIVER C
LAURIE D
RAABE M STAFF DIRECTOR, SUBCOMMITTEE
MOORE C W VICE PRESIDENT
UNITED STEELWORKERS OF AMERICA
OIL, CHEMICAL AND ATOMIC WORKERS
NATIONAL LEAD TAM DIVISION
U.S. HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND FOREIGN
COMMERCE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
NATIONAL LEAD INDUSTRIES, INC INDUSTRIAL CHEMICALS DIVISION P.O. BOX
700 HIGHTSTOWN, NJ 08520
109380
HEARINGS
HOUSE
TRANSCRIPT
CORRESPONDENCE
REPORT STUDY
MR. VAN EPPS. THAT REPORT WAS IN DECEMBER.
MR. GORE. ALL RIGHT. SO THE DUMPING WAS STILL GOING ON AS RECENTLY
AS 4 MONTHS AGO. OHIO LIQUID WASTE CAR. THEY WERE LEAKING CHEMICALS.
THEY WANTED US TO WELD IT. WE WOULD NOT WELD IT SO THEY CALLED HOOKER.
THEY JUST WENT AROUND THE BACK OF OUR BUILDING, DROVE UP THE ROAD, AND
DUMPED IT. THEY DID NOT EVEN PUT THE HOSE OUT INTO THE LAGOON. THEY
JUST DUMPED IT. CARL SABEY SAW THAT.
MR. SABEY. MR. GORE, I WOULD LIKE TO SUPPORT HIS STATEMENT BECAUSE I
WAS OUT THERE WATCHING. THEY JUST LET IT RUN ALL OVER THE GROUND. THEY
DID NOTMAKE ANY ATTEMPT TO PUT IT IN THE DUMP.
MR. GORE. WHEN YOU LOOK AT THE SITE, IT IS CLEAR -- THERE IS THIS
REDDISH LIQUID JUST RIGHT OUT ON THE GROUND. IT COMES OFF ALL SIDES OF
THE LANDFILL. IF YOU GET ANYWHERE CLOSE TO IT, YOU SMELL THE FUMES AND
YOU SKIN BEGINS TO STING. THE BACK OF YOUR MOUTH AND EYES ARE AFFECTED.
IT IS TERRIBLE.
WE HAVE TALKED ABOUT THE HEALTH PROBLEMS ASSOCIATED WITH THE PEOPLE
WHO WORK HERE AND THE PEOPLE WHO LIVE IN THE HOUSES NEARBY.
INCIDENTALLY, THE HOUSES ARE SHOWN ON THE NORTHERN EDGE. OVER TO THE
WEST THE MAP DOES NOT REFLECT ANOTHER SUBDIVISION, A LARGE NUMBER OF
HOUSES OVER IN THAT AREA.
IT HAS OTHER EFFECTS AS WELL. YOU TALK ABOUT THE QUALITY OF LIFE.
FOR EXAMPLE, I TALKED WITH ONE OF THE YOUNGER EMPLOYEES AT GREIF BROS.
HE SAID THAT HIS WIFE HAD BEEN WANTING TO HAVE A CHILD. THEY DISCUSSED
HAVING A CHILD. THEY WANTED CHILDREN. HE HAD PERSUADED HIS WIFE NOT TO
HAVE CHILDREN BECAUSE HE WAS AFRAID THAT THIS CHILD WOULD NOT HAVE A
FAIR CHANCE, DUE TO THE MISCARRIAGE RATE AND THE ENORMOUS PERCENTAGE OF
BIRTH DEFECTS.
WHEN YOU TALK ABOUT SOME IVY LEAGUE INTELLECTUAL CONSIDERING NOT
HAVING THE RESPONSIBILITY OF BRINGING CHILDREN INTO THIS WORLD, THAT IS
ONE THING. HOWEVER, WHEN YOU ARE TALKING ABOUT A YOUNG MAN WHO WENT TO
WORK IN A FACTIRY RIGHT OUT OF HIGH SCHOOL AND WANTS NOTHING MORE THAN
TO RAISE HIS FAMILY AND HAVE A DECENT LIFE, AND HE IS CONSIDERING THE
RESPONSIBILITY OF BRINGING A CHILD INTO THE WORLD BECAUSE OF THE
TREMENDOUS DELETERIOUS HEALTH EFFECTS OF THE ENVIRONMENTAL POLLUTION
THAT YOU HAVE IN THIS AREA, THAT OUGHT TO MAKE THIS COUNTRY SIT DOWN AND
THINK ABOUT THE DIRECTION WE ARE HEADING. OF THEM FROM BEING CREATED.
THANK YOU, MR. CHAIRMAN.
MR. VAN EPPS. AT THIS TIME I WOULD LIKE TO THANK THE COMMITTEE FOR
HAVING US. I WOULD ESPECIALLY LIKE TO THANK DR. CHRISTINE OLIVER FOR
GOING ALONG WITH US ALL THE WAY ON THIS.
MR. ECKHARDT. BEFORE WE PROCEED FURTHER, I WOULD LIKE TO ANNOUNCE
THAT WE WILL COMPLETE THE TESTIMONY OF DR. BEVERLY PAIGEN, WHO IS A
CANCER RESEARCH SCIENTIST FROM ROSWELL PARK MEMORIAL INSTITUTE, BEFORE
LUNCH. AFTER LUNCH WE WILL RECONVENE IN ROOM 2123. WE WILL PROCEED AT
THAT TIME'
WHEN YOU GENTLEMEN CAME TO THE STAND I MENTIONED THAT OUR COLLEAGUE
FROM NEW YORK, MR. JOHN J. LAFALCE, HAD BEEN MOST INTERESTED IN THIS
ENTIRE MATTER. I WANTED TO GIVE HIM THE OPPORTUNITY TO INTRODUCE YOU,
BUT I TOLD YOU HE WAS DETAINED IN NEW YORK.
HE TOLD ME YESTERDAY HE WOULD BE BACK AS SOON AS POSSIBLE. HE IS
BACK. ALTHOUGH MR. LAFALCE IS NOT A MEMBER OF THE COMMITTEE, I WILL
BELATEDLY PERMIT HIM TO SAY SOMETHING AT THIS TIME.
STATEMENT OF LAFALCE J J
HAZARDOUS WASTE DISPOSAL
790321
LAFALCE J J CONGRESSMAN, NY
U.S. HOUSE OF REPRESENTATIVES
109381
HEARINGS
TRANSCRIPT
HOUSE
MR. LAFALCE. THANK YOU VERY MUCH, MR. CHAIRMAN.
I DID HAVE TO GO TO NEW YORK CITY TO MEET WITH MR. WILLIAM WENDEL ON
SOME THINGS PERTAINING TO THE CITY OF NIAGARA FALLS. THIS MEETING WAS A
LONG-STANDING COMMITMENT.
I AM DELIGHTED WITH THE INTEREST THAT HAS BEEN SHOWN BY THIS
OVERSIGHT AND INVESTIGATIONS SUBCOMMITTEE. IT HAS SHOWN MORE INTEREST
THAN ANY OTHER SUBCOMMITTEE IN THE U.S. CONGRESS, PARTICULARLY CERTAIN
OF THE MEMBERS. I HAVE TO ESPECIALLY THANK CONGRESSMAN AL GORE WHO
CHAIRED HEARINGS IN OCTOBER AND WHO THIS WEEK EVEN VISITED NIAGARA
FALLS, AND CERTAIN SITES BEING DISCUSSED DURING THIS HEARING, INCLUDING
THE HYDE PARK SITE,
I AM HOPEFUL THAT THE MORE CONGRESS BECOMES AWARE OF THE PROBLEMS
THAT WE FACE WITHIN MY CONGRESSIONAL DISTRICT AND IN OTHER DISTRICTS
THROUGHOUT THE COUNTRY THAT WE WILL TAKE MEANINGFUL STEPS TO COPE BOTH
WITH THE PROBLEMS IN MY DISTRICT AND ELSEWHERE IN THE COUNTRY.
THAT WILL INCLUDE PROPER FUNDING OF THOSE MECHANISMS THAT ARE
PRESENTLY IN PLACE, SUCH AS SECTION 504 OF THE CLEAN WATER ACT, WHICH
CONGRESS AUTHORIZED BUT DID NOT FUND; MORE MONEY FOR DEMONSTRATION
PROJECTS UNDER SECTION 8001(A) OF RCRA; PROPER IMPLEMENTATION OF
EXISTING LAWS SUCH AS RCRA AS PASSED IN 1976; ENACTMENT OF NEW
LEGISLATION THAT IS NECESSARY TO DEAL WITH ABANDONED WASTE SITES SUCH AS
THE HAZARDOUS WASTE CONTROL ACT WHICH I INTRODUCED IN OCTOBER, AND
REINTRODUCED THIS YEAR WHICH WOULD PROVIDE A FEDERAL MECHANISM FOR
IDENTIFYING HAZARDOUS WASTE SITES THAT HAVE BEEN ABANDONED, MONITORING
THEM, AND WHERE FEASIBLE AND NECESSARY RECLAIMING THEM; LEGISLATION
THAT WILL PROVIDE A MECHANISM FOR DEALING WITH VICTIMS OF TOXIC
SUBSTANCES WHETHER IN THE WORKPLACE OR IN THE NONWORKPLACE. PRESENTLY
THAT IS NO ADEQUATE FEDERAL MECHANISM IN PLACE TO DEAL WITH THIS
SITUATION.
I HAVE INTRODUCED THE TOXIC TORT ACT WHICH CREATES A FEDERAL CAUSE OF
ACTION FOR VICTIMS OF TOXIC SUBSTANCES. THIS BILL DEALS WITH THE
TREMENDOUS PROBLEMS THAT THEY WOULD BE FACED WITH IN TRYING TO PROVE
CAUSATION IN THE WORKMEN'S COMPENSATION COURTS OR IN ORDINARY COURTS.
IT DEALS WITH THE GREAT PROBLEM OF THE STATUTE OF LIMITATION, WHEN IT
BEGINS TO ACCRUE BECAUSE THE ACTIONS THAT CAUSED THE INJURY MAY HAVE
BEEN SET IN MOTION 25 OR 30 YEARS AGO. IT OFFERS IMMEDIATE RELIEF
THROUGH THE ENVIRONMENTAL PROTECTION AGENCY AND THEN PERMITS THE
GOVERNMENT TO BE SUBROGATED TO THE RIGHTS OF THE INJURED VICTIMS AND GO
AGAINST THE POLLUTERS FOR THE NEGLIGENCE WHICH CAUSED THEIR INJURY.
IT IS ONLY BECAUSE OF THE INTEREST OF PEOPLE SUCH AS CONGRESSMEN
ECKHARDT, GORE, AND LENT THAT THE ENTIRE CONGRESS IS GOING TO BECOME
AWARE OF THIS PROBLEM, AND THEN DO SOMETHING ABOUT IT. AND EDUCATING
THE AMERICAN PUBLIC. HOWEVER, IF WE CONTINUE TO HAVE HEARINGS SUCH AS
THIS AND INTEREST AND ACTION SUCH AS THIS, I AM HOPEFUL AND CONFICENT IT
CAN BE DONE.
I AM ESPECIALLY GRATEFUL TO THE UNION MEMBERS HERE WHO HAVE DONE MORE
THAN ANYBODY ELSE TO BRING TO LIGHT THE POTENTIAL PROBLEMS OF THE HYDE
PARK SITE. I CONTACTED THEM IMMEDIATELY UPON HEARING OF THEIR
DIFFICULTIES AND IMMEDIATELY BROUGHT IN THE NATIONAL INSTITUTE OF
OCCUPATIONAL SAFETY AND HEALTH. I ARRANGED A MEETING BETWEEN
REPRESENTATIVES OF THE OIL, CHEMICAL, AND ATOMIC WORKERS, THE STEEL
WORKERS, AND THEIR MEDICAL REPRESENTATIVES WITH NOISH. THE DIRECTOR OF
NIOSH, DR. ROBBINS, THEN FACILITATED A MEETING BETWEEN REPRESENTATIVES
OF THE STEEL WORKERS, OCAW, AND NIOSH WITH THE STATE DEPARTMENT OF
HEALTH LAST TUESDAY IN ALBANY, SO THAT THE WORK THAT MUST BE DONE IN THE
FUTURE WILL BE DONE PROMPTLY AND PROPERLY.
THANK YOU, MR. CHAIRMAN.
MR. ECKHARDT. THANK YOU VERY MUCH FOR YOUR TESTIMONY HERE. WE
APPRECIATE IT.
MR. VAN EPPS. MAY I ANSWER A QUESTION THAT WAS ASKED EARLIER? ONE
WAS WHERE THEY ARE TAKING THEIR WASTE. I UNDERSTAND IT IS OHIO IN THE
DEEP WELLS. THEY ARE TAKING IT TO OHIO AND PUTTING IT IN DEEP WELLS,
FROM WHAT I UNDERSTAND. NUCO WASTE IS THE ONE THAT IS HANDLING IT.
MR. ECKHART. THANK YOU.
OUR NEXT WITNESS IS DR. BEVERLY PAIGEN, CANCER RESEARCH SCIENTIST,
ROSWELL PARK MEMORIAL INSTITUTE.
DR. PAIGEN, DO YOU SOLEMNLY SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH,
AND NOTHING BUT THE TRUTH, SO HELP YOU GOD?
DR. PAIGEN. I DO.
MR. ECKHARDT. YOU MAY PROCEED.
TESTIMONY OF PAIGEN B
HAZARDOUS WASTE DISPOSAL
790321
PART 001 OF 27
PAIGEN B CANCER RESEARCH SCIENTIST
ROSWELL PARK MEMORIAL INSTITUTE NEW YORK STATE DEPARTMENT OF HEALTH
109382
HEARINGS
TRANSCRIPT
HOUSE
DR. PAIGEN. MY NAME IS BEVERLY PAIGEN. I AM A CANCER RESEARCH
SCIENTIST AT ROSWELL PARK MEMORIAL INSTITUTE IN BUFFALO, N.Y. ROSWELL
PARK IS PART OF THE STATE OF NEW YORK DEPARTMENT OF HEALTH. I HAVE A
PH.D. IN BIOLOGY AND MY RESEARCH INTEREST IS GENETIC SUSCEPTABILITY TO
ENVIRONMENTAL TOXINS. I SERVED ON THE ENVIRONMENTAL PROTECTION AGENCY'S
TOXIC SUBSTANCES ADVISORY COMMITTEE FROM 1977 THROUGH LAST MONTH. I
CURRENTLY SERVE ON AN ENVIRONMENTAL PROTECTION AGENCY GROUP THAT MAKES
QUANTITATIVE
THE STUDIES THAT I WILL PRESENT CONCERN THE HEALTH HAZARDS
EXPERIENCED BY THE PEOPLE STILL LIVING FROM ONE TO FIVE BLOCKS FROM THE
LOVE CANAL TOXIC DUMP SITE. I WILL PRESENT INFORMATION THAT LEADS ME TO
CONCLUDE THAT TOXIC CHEMICALS ARE PRESENTLY MIGRATING THROUGH THE SOIL
ALONG THE PATHS OF OLD STREAMBEDS THAT ONCE CRISSCROSSED THE
NEIGHBORHOOD.
FAMILIES WHOSE HOMES BORDER THESE OLD STREAMBEDS SHOW AN INCREASE IN
SEVERAL HEALTH PROBLEMS INCLUDING MISCARRIAGES, BIRTH DEFECTS, NERVOUS
BREAKDOWNS, ASTHMA, AND DISEASES OF THE URINARY SYSTEM.
TESTIMONY OF PAIGEN B
HAZARDOUS WASTE DISPOSAL
790321
PART 002 OF 27
PAIGEN B CANCER RESEARCH SCIENTIST
ROSWELL PARK MEMORIAL INSTITUTE NEW YORK STATE DEPARTMENT OF HEALTH
109383
HEARINGS
TRANSCRIPT
HOUSE
THESE STUDIES HAVE LED ME TO CONCLUDE THAT A MINIMUM OF 140
ADDITIONAL FAMILIES SHOULD BE EVACUATED IMMEDIATELY, AND EVACUATION MAY
NEED TO BE EXTENDED TO AS MANY AS 500 MORE FAMILIES. IN ADDITION, THE
RESULTS RAISE QUESTIONS ABOUT WHETHER THE PRESENTLY PLANNED REMEDIAL
CONSTRUCTION TO PREVENT FURTHER OUTFLOW OF TOXIC WASTES FROM LOVE CANAL
IS ADEQUATE.
ORIGINALLY, THE STATE OF NEW YORK INVESTIGATED MISCARRIAGES AND BIRTH
DEFECTS IN THE RESIDENTS LIVING IN RINGS 1 AND 2 IMMEDIATELY SURROUNDING
THE LOVE CANAL AND CONCLUDED THAT BOTH WERE INCREASED. ON THE BASIS OF
THIS, THEY DECLARED A HEALTH EMERGENCY AND EVACUATED 239 FAMILIES FROM
RINGS 1 AND 2. THE RESIDENTS LEFT BEHIND LIVING IN THE AREA FROM ONE TO
FIVE BLOCKS FROM LOVE CANAL ALSO FELT THAT BIRTH DEFECTS AND OTHER
DISEASES WERE HIGHER THAN SHOULD BE EXPECTED IN THEIR NEIGHBORHOOD.
THESE RESIDENTS BEGAN COLLECTIN INFORMATION IN AN INFORMAL WAY ON
DISEASES IN THE NEIGHBORHOOD AND PLOTTING THESE ON A MAP. THE DISEASES
CLUSTERED IN PARTICULAR AREAS OF THE NEIGHBORHOOD.
OLDER RESIDENTS SUGGESTED THAT THE CLUSTERS FOLLOWED THE PATH OF OLD
STREAMBEDS THAT HAD INTERCEPTED THE LOVE CANAL MANY YEARS AGO AND WHICH
HAD BEEN FILLED WHEN HOUSES WERE BUILT. AT THIS POINT THE RESIDENTS
CONTACTED ME FOR HELP SINCE I AM KNOWN LOCALLY AS AN ENVIRONMENTAL
SCIENTIST. I DISCUSSED WITH AREA RESIDENTS HOW TO COLLECT HEALTH
INFORMATION IN A SCIENTIFICALLY ACCEPTABLE WAY. THEY PUT ASIDE ALL THE
INFORMATION THEY HAD GATHERED AND STARTED MAKING A SYSTEMATIC PHONE
SURVEY TO EACH HOME, COLLECTING INFORMATION ABOUT THE NUMBER OF PERSONS
IN EACH FAMILY, THE LENGTH OF TIME THE FAMILY HAD LIVED IN LOVE CANAL,
AND THE HEALTH PROBLEMS EXPERIENCED BY THE FAMILY.
MORE THAN 75 PERCENT OF THE HOMES COOPERATED IN THIS SURVEY. THIS
INFORMATION PROVIDED THE DATA BASE I USED. I SHOULD POINT OUT THAT THIS
SURVEY SUFFERS FROM SEVERAL PROBLEMS. FIRST, A LAYPERSON REPORTED TO A
LAYPERSON ON HEALTH PROBLEMS. SOME OF THE PEOPLE INVOLVED MAY NOT
UNDERSTAND THE TRUE NATURE OF THEIR ILLNESSES.
SECOND, BOTH THE PEOPLE REPORTING AND THE PEOPLE COLLECTING
INFORMATION HAVE A VESTED INTEREST IN THE OUTCOME, SINCE THEY WANT TO
MOVE OUT OF THE NEIGHBORHOOD. THEREFORE, THERE MAY BE OVERREPORTING OF
DISEASE.
THIRD, I DID NOT HAVE ANY RESOURCES, SO I COULD NOT VERIFY
INDEPENDENTLY THE REPORTS OF DISEASE WITH PHYSICIAN RECORDS.
TO OVERCOME THESE PROBLEMS, I CONCENTRATED PRIMARILY ON THOSE HEALTH
EFFECTS THAT ARE DIAGNOSED BY A PHYSICIAN AND THAT THE LAYPERSON KNOWS
BY NAME. TO CORRECT FOR OVERREPORTING, I USED INTERNAL CONTROLS IN THE
NEIGHBORHOOD.
THE INFORMATION I AM PRESENTING WILL BE IN THREE CATEGORIES OF
CONFIDENCE. THE FIRST ARE THOSE DISEASES FOR WHICH THERE IS CLEAR AN
CONVINCING EVIDENCE OF AN INCREASE. THE SECOND CATEGORY ARE THOSE
DISEASES WHICH ARE PROBABLY ELEVATED IN THE NEIGHBORHOOD BUT WHICH HAVE
SOME PROBLEMS WITH THE DATA. THE THIRD CATEGORY INCLUDES HEALTH
PROBLEMS FOR WHICH THERE IS SUGGESTIVE EVIDENCE BUT WHICH I WAS NOT ABLE
TO EVALUATE FOR LACK OF SUFFICIENT INFORMATION.
THE FIRST STEP WAS TO LOCATE THE OLD STREAMBEDS. THIS WAS DONE BY
EXAMINING OLD AERIAL PHOTOGRAPHS, GEOLOGICAL SURVEY MAPS, OBTAINING
PHOTOGRAPHS, GEOLOGICAY SURVEY MAPS, OBTAINING PHOTOGRAPHS FROM
RESIDENTS' FAMILY ALBUMS, AND TALKING TO OLDER RESIDENTS.
TESTIMONY OF PAIGEN B
HAZARDOUS WASTE DISPOSAL
790321
PART 003 OF 27
PAIGEN B CANCER RESEARCH SCIENTIST
ROSWELL PARK MEMORIAL INSTITUTE NEW YORK STATE DEPARTMENT OF HEALTH
109384
HEARINGS
TRANSCRIPT
HOUSE
/1/ THE FIGURES AND TABLES REFERRED TO APPEAR AT THE END OF DR.
PAIGEN'S STATEMENT, (P. 70.).
IN ADDITION, THE STATE OF NEW YORK SENT INTERVIEWERS FROM HOME TO
HOME TO DETERMINE WHICH HOUSES HAD BEEN BUILT IN HISTORICALLY WET AREAS.
DURING THIS PROCESS, WE DISCOVERED THAT, IN ADDITION TO THE STREAMS,
THERE HAD BEEN A LAKE AND SEVERAL SWAMPS IN THE NEIGHBORHOOD.
I HAVE HERE, FOR INSTANCE, AN AERIAL PHOTOGRAPH TAKEN IN THE EARLY
1950'S, (FIGURE 1) /1/ WHEN HOOKER CHEMICAL WAS STILL DUMPING TOXIC
WASTES. YOU SEE THIS IS LOVE CANAL. THE SOUTHERN END OF THE CANAL AND
THE NORTHERN END OF THE CANAL HAVE BEEN FILLED. HOOKER DAMMED OFF A
SMALL PORTION AND DUMPED THE WASTE INTO OPEN WATER.
HERE YOU SEE THE PATH OF AN OLD STREAMBED THAT WENT THROUGH THE
NEIGHBORHOOD. BY USING THESE TECHNIQUES, WE WERE ABLE TO LOCATE
STREAMBEDS. TO GIVE YOU AN IDEA OF WHAT THE STREAMS LOOK LIKE, HERE IS
A PHOTOGRAPH TAKEN IN 1958 WITH TWO CHILDREN WHO ARE ABOUT 5 AND 10 IN
THE STREAM (FIGURE 2). YOU CAN SEE THAT THE STREAMBED IS AT LEAST 10
FEET DEEP AND MAY BE AS WIDE AS 20 OR MORE FEET.
WHEN WE PUT ALL THIS INFORMATION TOGETHER, WE WERE ABLE TO COME UP
WITH THIS PICTURE. THIS IS AN AERIAL PHOTOGRAPH OF LOVE CANAL AS IT IS
TODAY (FIGURE 3). HERE YOU WILL SEE THE CANAL SURFACE. YOU CAN SEE
AREAS WHERE NO VEGETATION GROWS DUE TO THE CONCENTRATION OF TOXIC
CHEMICALS.
THE RED LINES ARE STREAMBEDS THAT WERE PRESENT IN A 1938 AERIAL
PHOTOGRAPH. THE YELLOW ARE STREAMBEDS THAT WERE PRESENT IN LATER AERIAL
PHOTOGRAPHS. EVIDENTLY, SOME OF THE STREAMS WERE MOVED ASIDE BY
BUILDERS WHILE THEY WERE BUILDING THE NEIGHBORHOOD.
I HAVE INDICATED BY A YELLOW DOT EACH HOME THAT LIES ALONG A
STREAMBED OR IN A HISTORICALLY WET PLACE. FOR INSTANCE, HERE IS THE OLD
LAKEBED. DOWN HERE IS A SWAMP. HERE IS ANOTHER SWAMP.
I SHOULD SAY THAT MY INFORMATION COVERED THIS AREA -- 100TH STREET
COLVIN. I DID NOT COLLECT HEALTH INFORMATION ON RINGS 1 AND 2,
WHICH ARE IMMEDIATELY ADJOINING THE CANAL; NOR HAVE I YET
COMPLETED THE COLLECTION OF HEALTH INFORMATION ON THE WEST SIDE
OF THE CANAL.
THE POPULATION BASE OF MY STUDIES IS 1,140 PEOPLE.
THIS MAP GIVES YOU SOME INDICATION OF THE AREA (FIGURE 4). THE LOVE
CANAL IS HERE. THESE ARE THE BOUNDARIES OF THE STUDY AREA. EACH HOME
THAT PARTICIPATED IN THE SURVEY IS COVERED BY A DOT. MORE THAN 75
PERCENT OF THE HOMES PARTICIPATED. THE HOMES THAT DID NO ARE RANDOMLY
SCATTERED THROUGHOUT THENEIGHBORHOOD. AT ONE POINT IN THE DATA I WILL
SHOW YOU, I HAVE DIVIDED THE STUDY AREA INTO THE NORTH SECTION AND THE
SOUTH SECTION ALONG THIS LINE.
IT IS IMPORTANT TO KEEP IN MIND THAT THE HEALTH EFFECTS I WILL BE
PRESENTING ARE PROBABLY SERIOUS UNDERESTIMATES OF THE TRUE HEALTH
EFFECTS. ONE REASON IS THAT I DO NOT HAVE ANORMAL CONTROL POPULATION.
WHEN I AM SHOWING YOU DATA ON HEALTH EFFECTS, I AM COMPARING THE
DISEASES INCIDENCE IN THESE HOMES COVERED BY A YELLOW DOT -- COMPARING
THESE HOMES IN THE VERY SAME BLOCK NOT COVERED BO A YELLOW DOT.
TESTIMONY OF PAIGEN B
HAZARDOUS WASTE DISPOSAL
790321
PART 004 OF 27
PAIGEN B CANCER RESEARCH SCIENTIST
ROSWELL PARK MEMORIAL INSTITUTE NEW YORK STATE DEPARTMENT OF HEALTH
109385
HEARINGS
TRANSCRIPT
HOUSE
I BELIEVE THIS REPRESENTS DISEASE IN HEAVILY CONTAMINATED HOMES
VERSUS DISEASE IN LESS HEAVILY CONTAMINATED HOMES. I DO NOT HAVE A
CONTROL POPULATION THAT IS FREE FROM EXPOSURE TO LOVE CANAL CHEMICALS.
A SECOND REASON THAT THE DATA I PRESENT IS AN UNDERESTIMATE OF THE
HEALTH EFFECTS IS THAT THE FAMILIES THAT WERE NOT HEAVILY EXPOSED, THOSE
DIRECTLY ALONG THE LOVE CANAL, ARE NOT INCLUDED IN MY DATA BASE.
A THIRD REASON IS THAT PEOPLE WITH NO HEALTH PROBLEMS READILY
PROBLEMS DID NOT WANT TO PARTICIPATE IN A SURVEY THAT WAS BEING
CONDUCTED BY THEIR NEIGHBORS.
ONE OF THE MOST SUSCEPTIBLE GROUPS IN THE GENERAL POPULATION TO THE
TOXIC EFFECTS OF CHEMICALS ARE THE VERY YOUNG. IN THE LOVE CANAL AREA,
MISCARRIAGES, STILLBIRTHS, AND CRIB DEATHS ARE INCREASED. TABLE 1 SHOWS
YOU THE MISCARRIAGE RATE IN WOMEN THERE. THE MISCARRIAGE RATE WAS 8.5
PERCENT. AFTER WOMEN MOVED TO THE LOVE CANAL IN THE WET AREAS, THE
MISCARRIAGE RATE WENT TO OVER 25 PERCENT FOR A THREEFOLD INCREASED RISK
IN THESE WOMEN.
THIS MAP (FIGURE 5) SHOWS YOU WHERE THE MISCARRIAGES HAVE OCCURRED.
I HAVE PUT ON HERE THE STREAMBEDS, BUT I HAVE OMITTED THE HOUSES AND THE
STREETS IN ORDER TO PROTECT CONFIDENTIAL MEDICAL INFORMATION. I HAVE
ALSO OUTLINED EACH OF THE LAKEBEDS AND SWAMPY AREAS.
JUST TO GIVE YOU EACH SOME PERSPECTIVE, EACH DOT HERE IS ABOUT THE
WIDTH OF AN ORDINARY HOUSE LOT IN THE NEIGHBORHOOD. THE STREAMBEDS ARE
REPRESENTED AS LINES, ALTHOUGH EACH OF THEM DOES HAVE CONSIDERABLE
WIDTH, AS I SHOWED YOU FROM THE PHOTOGRAPH. I THINK YOU CAN SEE
IMMEDIATELY THAT MISCARRIAGES ARE CLUSTERED IN HOMES LYING ON STREAMBEDS
OR IN WET AREAS.
THIS WOMAN, FOR INSTANCE, HAD TWO NORMAL CHILDREN BEFORE SHE MOVED TO
LOVE CANAL. WHEN SHE MOVED TO LOVE CANAL, SHE HAD FOUR MISCARRIAGES IN
A ROW. THE LAST CHILD, WHICH WAS BORN DEAD AT 6 MONTHS, WAS DEFORMED.
THE DISTRAUGHT WOMAN DECIDED NOT TO HAVE ANY MORE CHILDREN.
THIS WOMAN, FOR INSTANCE, HAD THREE MISCARRIAGES. THEN SHE MANAGED
TO CARRY A BABY THAT WAS BORN ALIVE, AND IT HAD THREE EARS. A SECOND
CHILD SHE MANAGED TO HAVE HAD DEFORMED EARS.
YOU WILL SEE THAT THERE ARE SEVERAL WOMEN HERE WHO HAD MULTIPLE
MISCARRIAGES. THESE ALL LIE ALONG STREAMBEDS OR IN VERY WET AREAS.
THE PRESENCE OF BIRTH DEFECTS IS ANOTHER SIGN OF CHEMICAL TOXICITY IN
THE VERY YOUNG. IN THE NEXT MAP (FIGURE 6), EACH DOT REPRESENTS A CHILD
BORN WITH BIRTH DEFECT. AGAIN, I THINK YOU CAN SEE THAT CLUSTERING
OCCURS IN HOMES IN WET AREAS AS
TABLE 2 INDICATES THE PERCENTAGE OF BIRTH DEFECTS IN THE OFFICIAL
STUDY BY THE STATE OF NEW YORK HEALTH DEPARTMENT. THEY FOUND THAT 12
PERCENT OF CHILDREN BORN IN WET AREAS HAD BIRTH DEFECTS COMPARED TO 5
PERCENT OF CHILDREN BORN IN DRY AREAS.
TESTIMONY OF PAIGEN B
HAZARDOUS WASTE DISPOSAL
790321
PART 005 OF 27
PAIGEN B CANCER RESEARCH SCIENTIST
ROSWELL PARK MEMORIAL INSTITUTE NEW YORK STATE DEPARTMENT OF HEALTH
109386
HEARINGS
TRANSCRIPT
HOUSE
MY OWN SURVEY INCLUDES MORE BIRTH DEFECTS THAN THE OFFICIAL STUDY BY
THE STATE OF NEW YORK. MY INFORMATION INDICATES THAT 20 PERCENT OF
CHILDREN BORN IN WET AREAS HAVE BIRTH DEFECTS, COMPARED TO ABOUT 7
PERCENT OF CHILDREN IN DRY AREAS. I AM CURRENTLY CORRESPONDING WITH THE
STATE OVER THE DIFFERENCES, AND I BELIEVE THAT THE TRUE INCIDENCE WILL
BE SOMEWHERE BETWEEN THE INCIDENCE I HAVE AND THE INCIDENCE THE STATE
DEPARTMENT HAS.
I DO NOT KNOW WHETHER THE RATE OF BIRTH DEFECTS IN THE DRY AREA IS
COMPARABLE TO OR HIGHER THAN THAT EXPECTED FOR A NORMAL POPULATION.
SOME OF THE BIRTH DEFECTS IN THIS SURVEY WERE MINOR OR EASILY
CORRECTED BY SURGERY, SUCH AS WEBBED TOES, AN EXTRA TOE, OR EXTRA OR
UNUSUALLY SPACED TEETH. OTHERS, HOWEVER, WERE MUCH MORE SERIOUS,
INCLUDING A DEAF CHILD, FIVE CHILDREN WITH MENTAL RETARDATION, SIX WITH
KIDNEY ABNORMALITIES, AND THREE WITH HEART DEFECTS.
MOST PEOPLE BELIEVE THAT THE FLOW OF CHEMICALS INTO THE NEIGHBORHOOD
HAS GOTTEN WORSE IN THE RECENT PAST, PERHAPS BECAUSE THE DRUMS
CONTAINING THE TOXIC WASTES ARE RUSTING THROUGH AND PERHAPS BECAUSE WE
HAVE HAD TWO WINTERS OF UNUSUALLY HEAVY PRECIPITATION. WE THEREFORE
ASKED WHETHER THERE HAD BEEN A PARTICULARLY NOTICEABLE INCREASE IN BIRTH
DEFECTS AMONG THE CHILDREN BORN IN THE LAST 5 YEARS TO WOMEN LIVING IN
WET AREAS.
FROM 1974 THROUGH 1978, 16 CHILDREN WERE BORN IN WET AREAS. NINE OF
THESE CHILDREN HAD BERTH DEFECTS (TABLE 3). THIS GIVE AN INCIDENCE OF
OVER 50 PERCENT, CLEARLY AN UNACCEPTABLE HEALTH HAZARD. FOUND IN LOVE
CANAL ARE KNOWN CENTRAL NERVOUS SYSTEM POISONS. LINDANE IS FOUND IN THE
YARDS AND IN 75 PERCENT OF THE SUMP PUMPS OF HOMES IN THE WET AREAS.
LINDANE CAUSES HYPERIRRITABILITY AND CONVULSIONS. THREE OTHER CENTRAL
NERVOUS SYSTEM POISONS HAVE BEEN MEASURED IN THE AIR OF THESE HOMES:
TETRACHLOROETHYLENE, CHLOROFORM, AND TRICHLOROETHYLENE.
CENTRAL NERVOUS SYSTEM POISONS CAN PRODUCE CONVULSIONS, LOSS OF
COORDINATION, HEADACHES, INSOMNIA, HYPERIRRITABILITY, AND PSYCHOLOGICAL
DEPRESSION. THERE IS STRONG EVIDENCE THAT THE SYMPTOMS OF CENTRAL
NERVOUS SYSTEM POISONING ARE OCCURRING IN THE POPULATION SURROUNDING THE
LOVE CANAL.
EACH DOT ON THE NEXT MAP (FIGURE 7) REPRESENTA A NERVOUS BREAKDOWN,
EITHER A SUICIDE ATTEMPT OR AN ADMISSION TO A MENTAL HOSPITAL. I DID
NOT PLACE ON THIS MAP THE MANY REPORTS OF NERVOUS CONDITION IN THE
NEIGHBORHOOD. MOST OF THE NERVOUS BREAKDOWNS OCCURRED IN HOMES IN WET
AREAS OR, IF THEY WERE IN DRY HOMES, THEY WERE VERY CLOSE TO A WET AREA.
ALMOST 9 PERCENT OF THE ADULTS LIVING IN HOMES IN WET AREAS HAVE HAD
A NERVOUS BREAKDOWN, COMPARED TO 2.2 PERCENT OF ADULTS LIVING IN DRY
AREAS IN THE SOUTH AND 0.7 PERCENT OF ADULTS LIVING IN DRY AREAS IN THE
NORTH (TABLE 4).
I HAVE JUST BEEN ASKED TO FINISH IN 5 MINUTES, SO WE ARE GOING TO GO
THROUGH THIS FAST.
MR. ECKHARDT. WOULD YOU NOT PREFER TO GO AHEAD NOW JUST AT YOUR OWN
PACE, BUT LET US INCLUDE IN ABOUT 5 MINUTES A BREAK FOR LUNCH AND COME
BACK; BECAUSE WE WILL HAVE SOME QUESTIONS?
DR. PAIGEN. WHATEVER IS YOUR WISH.
TESTIMONY OF PAIGEN B
HAZARDOUS WASTE DISPOSAL
790321
PART 006 OF 27
PAIGEN B CANCER RESEARCH SCIENTIST
ROSWELL PARK MEMORIAL INSTITUTE NEW YORK STATE DEPARTMENT OF HEALTH
109387
HEARINGS
TRANSCRIPT
HOUSE
MR. ECKHARDT. ALL RIGHT. JUST TAKE IT AT YOUR OWN PACE, BUT
CONCLUDE AT LEAST NOW IN ABOUT 5 MINUTES. YOU WILL HAVE TIME AFTER
LUNCH TO PRESENT THIS. I THINK THIS IS EXTREMELY IMPORTANT TESTIMONY,
AND I DO NOT WANT TO CURTAIL IT.
DR. PAIGEN. THANK YOU.
SEVERAL CHEMICALS IN LOVE CANAL ARE KNOWN TO BE TOXIC TO THE
OCCURS IN 7 PERCENT OF PEOPLE LIVING IN HOMES IN WET AREAS AS
COMPARED TO 2.5 PERCENT OF PEOPLE LIVING IN HOMES IN DRY AREAS,
FOR A RELATIVE RISK OF 2.8. THIS URINARY DISEASE REPRESENTS A
VARIETY OF CONDITIONS INCLUDING CONGENTIAL MALFORMATIONS OF THE
URINARY SYSTEM, LOSS OF KIDNEY FUNCTION LATER IN LIFE, INJURED
URETERS OR URETHRAS LEADING TO INCONTINENCE, AND SEVERE FREQUENT
BLADDER INFECTIONS.
THE NEXT MAP (FIGURE 8) SHOWS THE CLUSTERING OF URINARY DISEASE IN
THE NEIGHBORHOOD. AGAIN, YOU CAN SEE IN THE SOUTH THE CLUSTERING OF
DISEASE IN THE WET AREAS. IF YOU WILL LOOK AT THAT STREAMBED THAT GOES
OFF TO THE RIGHT IN THE NORTH, YOU CAN SEE HOW MANY HOMES ALONG THAT
HAVE URINARY DISEASE.
RESPIRATORY DISEASE OF ALL TYPES ARE COMMON IN THE NEIGHBORHOOD TABLE
6 INDICATES THAT PERSONS LIVING IN WET AREAS ARE 3.8 TIMES AS LIKELY TO
HAVE ASTHMA AS PERSONS LIVING IN DRY AREAS. THIS RELATES BACK TO THE
TESTIMONY OF DR. DUNLAP EARLIER. THIS IS STATISTICALLY A VERY
SIGNIFICANT INCREASE. SOME OF THESE ASTHMATICS HAVE ALLERGIES, SOME OF
THEM DO NOT.
I WOULD LIKE TO TURN NOW TO THE HEALTH HAZARDS THAT ARE PROBABLY
PRESENT BUT FOR WHICH THE DATA ARE LESS CERTAIN. IF THERE ARE CENTRAL
NERVOUS SYSTEM POISONS IN THE LOVE CANAL NEIGHBORHOOD, THEN OTHER TYPES
OF CENTRAL NERVOUS SYSTEM EFFECTS WOULD BE EXPECTED. MY DATA INDICATE
THAT THE FREQUENCY OF SUICIDES, CONVULSIVE DISORDERS SUCH AS EPILEPSY,
AND HYPERACTIVITY IN CHILDREN ARE ELEVATED. HOWEVER, I HAVE LESS
CONFIDENCE IN THESE DATA DUE TO THE SMALL NUMBER OF CASES OR DUE TO
DIFFICULTIES IN DIAGNOSIS.
FOR INSTANCE, OVER THE PAST 10 YEARS, SIX SUICIDES HAVE OCCURRED IN
THE LOVE CANAL AREA WHEN 1.7 WOULD BE EXPECTED FOR A POPULATION THIS
SIZE. FIVE OF THESE SIX COULD BE RELATED TO LIVING IN A WET AREA, AND
THE SIXTH MAY POSSIBLY BE RELATED. THREE OF THESE SUICIDES OCCURRED IN
PEOPLE LIVING DIRECTLY ON THE LOVE CANAL. TWO OCCURRED IN HOMES
DIRECTLY ON A STREAMBED. THE SIXTH OCCURRED IN A PERSON WHO LIVED ON
THE CANAL ALL HER LIFE AND HAD MOVED OFF THE CANAL TO ANOTHER PART OF
THE NEIGHBORHOOD JUST
THIS INCREASE IN SUICIDES IS STATISTICALLY SIGNIFICANT. NEVERTHELES
A SCIENTIST FEELS UNCOMFORTABLE WORKING WITH SUCH SMALL NUMBERS. OTHER
MEDICAL STUDIES IN THE LITERATURE HAVE SHOWN AN INCREASE, HOWEVER, IN
SUICIDES IN PERSONS EXPOSED TO CENTRAL NERVOUS SYSTEM POISONS. THE DATA
INDICATE AN INCREASED INCIDENCE OF HYPERACTIVITY IN CHILDREN. I FEEL
LESS CONFIDENT ABOUT HYPERACTIVITY BECAUSE THIS DIAGNOSIS CAN BE MISUSED
FOR SIMPLE BEHAVIOUR PROBLEMS. HOWEVER, I THINK IT IS RELEVANT THAT 11
OUT OF THE 13 HYPERACTIVE CHILDREN LIVE IN WET AREAS.
TESTIMONY OF PAIGEN B
HAZARDOUS WASTE DISPOSAL
790321
PART 007 OF 27
PAIGEN B CANCER RESEARCH SCIENTIST
ROSWELL PARK MEMORIAL INSTITUTE NEW YORK STATE DEPARTMENT OF HEALTH
109388
HEARINGS
TRANSCRIPT
HOUSE
I ALSO THINK IT POSSIBLE THAT CHEMICALS IN THE LOVE CANAL
NEIGHBORHOOD MAY BE CAUSING CONVULSIVE DISORDERS SUCH AS EPILEPSY.
TWELVE PERSONS WITH A CONVULSIVE DISORDER LIVE IN THE NEIGHBORHOOD.
THESE ARE MORE LIKELY TO LIVE IN WET AREAS; 1.9 PERCENT OF PERSONS
LIVING IN WET AREAS HAVE EPILEPSY COMPARED WITH 0.7 PERCENT OF PERSONS
LIVING IN DRY AREAS -- A RELATIVE RISK OF 2.7.
ONE HOME WHOSE BASEMENT AIR HAS ONE OF THE HIGHEST READINGS OF
TETRACHOLOETHYLENE IN THE NEIGHBORHOOD NOW HOUSES TWO EPILEPTICS. THIS
HOME IS IN A DRY AREA BUT IS OBVIOUSLY CONTAMINATED. IT IS ALSO
STRIKING THAT MOST CONVULSIVE DISORDERS HAVE BEEN DIAGNOSED IN THE LAST
7 YEARS, EVEN IN ADULTS WITH NO PRIOR HISTORY OF CHILDHOOD CONVULSIONS
AND NO OTHER KNOWN MEDICAL CAUSE OF EPILEPSY. IN ADDITION, SEVERAL OF
THESE
MR. ECKHARDT. DOCTOR, WOULD THIS NOT BE A GOOD BREAKING POINT?
DR. PAIGEN. YES.
MR. ECKHARDT. THEN WE WILL RECESS AT THIS TIME UNTIL 2:30 P.M. IN
ROOM 2123.
(WHEREUPON, AT 12:55 P.M., THE COMMITTEE RECESSED, TO RECONVENE AT
2:30 P.M. THE SAME DAY, IN ROOM 2123.).
(THE SUBCOMMITTEE RECONVENED AT 2:30 P.M., HON. BOB ECKHARDT,
CHAIRMAN, PRESIDING.)
MR. ECKHARDT. THE SUBCOMMITTEE WILL BE IN ORDER. YOU MAY
DR. PAIGEN. THIS MORNING I SUMMARIZED THOSE HEALTH EFFECTS FOR WHICH
THERE WAS CLEAR AND CONVINCING EVIDENCE OF AN INCREASE. I ALSO WENT
OVER THOSE HEALTH EFFECTS FOR WHICH THERE WAS PROBABLE EVIDENCE OF AN
INCREASE.
NOW I WOULD LIKE TO TALK ABOUT SOME THAT I SUSPECT ARE THERE BUT
WHICH I HAVE BEEN UNABLE TO EVALUATE STATISTICALLY. THESE REQUIRE
FURTHER STUDY.
ONE IS A VERY HIGH FREQUENCY OF SKIN DISEASE. SECOND IS A STRONG
SUGGESTION THAT THE CHEMICALS THESE PEOPLE ARE EXPOSED TO MAY BE
INTERFERING WITH THEIR BODIES' IMMUNE RESPONSE, MAKING THEM MORE
SUSCEPTIBLE TO DISEASE OF ALL SORTS. THE RESIDENTS REPORT AN UNUSUAL
FREQUENCY OF UPPER RESPIRATORY INFECTIONS, PNEUMONIA AND EAR INFECTIONS.
IN FACT, SEVERAL CHILDREN HAVE SUFFERED SOME HEARING LOSS DUE TO
CONSTANT EAR INFECTIONS.
THIRD, THERE SEEMS TO BE A DEFINITE IMPAIRMENT OF THE BLOOD CLOTTING
SYSTEM IN THESE PEOPLE. THERE ARE MANY REPORTS OF BLEEDING PROBLEMS
SUCH AS SEVERE AND FREQUENT NOSE BLEEDS, UNEXPLAINED UTERINE BLEEDING
SEVERE ENOUGH TO REQUIRE HYSTERECTOMY, AND GASTROINTESTINAL OR RECTAL
BLEEDING FOR WHICH THE PHYSICANS CANNOT FIND A CAUSE.
FOURTH, CHEMICALS MAY BE INTERFERING WITH BONE METABOLISM. THREE
PERSONS HAVE PAGET'S DISEASE, WHICH IS A DEMINERALIZATION OF THE BONE
AND A RATHER UNCOMMON DISEASE. OTHER BONE PROBLEMS REPORTED IN THIS
NEIGHBORHOOD HAVE NOT BEEN DIAGNOSED BY PHYSICIANS.
FIFTH, SEVERAL CARCINOGENS ARE IN LOVE CANAL, AND I SUSPECT THAT
CANCER IS ELEVATED IN THE AREA.
SIXTH, I BELIEVE THAT HEART DISEASE MAY BE ELEVATED.
TESTIMONY OF PAIGEN B
HAZARDOUS WASTE DISPOSAL
790321
PART 008 OF 27
PAIGEN B CANCER RESEARCH SCIENTIST
ROSWELL PARK MEMORIAL INSTITUTE NEW YORK STATE DEPARTMENT OF HEALTH
109389
HEARINGS
TRANSCRIPT
HOUSE
IN THE LAST MAP (FIGURE 9) I HAVE SUPERIMPOSED MANY OF THE DISEASES I
HAVE TALKED ABOUT. THIS MAP INCLUDES MISCARRIAGES, BIRTH DEFECTS,
NERVOUS BREAKDOWNS, HYPERACTIVE CHILDREN, EPILEPTICS, AND URINARY
DISEASE. THE CONCENTRATION OF DISEASE IS VERY HIGH ALONG THAT MAJOR
STREAM THAT INTERSECTS LOVE CANAL AND IN THE LAKEBED THERE IS DISEASE IN
ALMOST EVERY SINGLE HOUSE. IN CONTRAST, THERE IS ONE STREAM IN THE
NEIGHBORHOOD WHICH NEVER DID INTERSECT LOVE CANAL, AND YOU CAN SEE THAT
THERE IS VERY LITTLE DISEASE ALONG THAT STREAM.
ALL OF THIS EVIDENCE IS STATISTICAL. IT IS IMPORTANT IN ESTABLISHIN
THE MAGNITUDE OF THE PROBLEM, BUT IT DOES NOT CONVEY THE HUMAN
DIMENSIONS OF WHAT IS INVOLVED. FOR THAT I WOULD LIKE TO TELL YOU
BRIEFLY ABOUT THE HISTORY OF ONE HOUSE IN A WET AREA.
THIS HOUSE IS RENTED, AND FOUR FAMILIES HAVE LIVED THERE DURING A
15-YEAR PERIOD. IN FAMILY NO. 1, THE WIFE HAD A NERVOUS BREAKDOWN AND A
HYSTERECTOMY DUE TO UTERINE BLEEDING.
IN FAMILY NO. 2, THE HUSBAND HAD A NERVOUS BREAKDOWN. THE WIFE HAD A
HYSTERECTOMY DUE TO UTERINE CANCER. THE DAUGHTER DEVELOPED EPILEPSY AND
THE SON, ASTHMA.
IN FAMILY NO. 3, THE WIFE, HAD A NERVOUS BREAKDOWN. BOTH CHILDREN
SUFFERED FROM BRONCHITIS.
IN FAMILY NO. 4, WHO LIVED THERE LESS THAN 2 YEARS, THE WIFE
DEVELOPED SEVERE HEADACHES AFTER MOVING IN. SHE ALSO HAD A HYSTERECTOMY
DUE TO UTERINE BLEEDING AND A PREMALIGNANT GROWTH.
ONE OF THE FIRST PHOTOGRAPHS I SHOWED YOU WAS OF TWO BOYS PLAYING IN
A STREAMBED. I RECEIVED THAT PHOTOGRAPH RECENTLY AND ASKED THE
RESIDENTS TO FIND OUT ABOUT THE HEALTH OF THOSE TWO BOYS. THE YOUNGER,
NOW 25 YEARS OF AGE, HAD CHRONIC EAR AND THROAT PROBLEMS, SKIN RASHES,
AND HEADACHES. THE OLDER CHILD, NOW 31, FARED MORE WORSE. AS A CHILD,
HE DEVELOPED BONE AND KNEE TUMORS AND HAD SEVERAL OPERATIONS INCLUDING
COMPLETE KNEE SOCKET REPLACEMENT. HE HAD GASTROINTESTINAL BLEEDING AND
OTHER PROBLEMS WHICH WERE DIAGNOSED AS ULCERS AT THE AGE OF 16. HE HAS
MUSCULAR TREMORS IN HIS EYES AND ARMS. HE HAS A SEVERE NERVOUS PROBLEM
AND HAS HAD SEVERAL BRAN SCANS TO TRY TO DIAGNOSE THE CAUSE. HE HAS
HIGH BLOOD PRESSURE AND HAS BEEN HOSPITALIZED SEVERAL TIMES WITH
SYMPTOMS RESEMBLING HEART ATTACKS, BUT THIS PROBLEM IS NOT DIAGNOSED AT
THIS TIME. THIS IS A BOY WHO PLAYED IN ONE OF THOSE STREAMBEDS.
EPIDEMIOLOGICAL STUDIES CAN NEVER PROVE CAUSE AND EFFECT. THESE
LOCATIONS. TO OBTAIN FURTHER INFORMATION ON WHETHER THESE
DISEASES WERE RELATED TO CHEMICALS FROM LOVE CANAL, WE CONDUCTED A
HEALTH SURVEY ON THE PEOPLE EVACUATED FROM RINGS 1 AND 2, 4 TO
6 MONTHS EARLIER. I DID NOT KNOW WHAT TO EXPECT, SINCE PEOPLE
WHO HAVE LIVED THROUGH DISASTERS SHOW AN INCREASED INCIDENCE OF
DISEASE IN THE YEARS FOLLOWING THE DISASTER AS A RESULT OF THE
STRESS. IN ADDITION, MANY TOXIC OR ORGANIC CHEMICALS ARE STORED
IN THE BODY FAT AND TEND TO REMAIN IN THE BODY FOR LONG PERIODS
OF TIME (TABLE 7).
AS A RESULT OF THESE TWO FACTORS, I DID NOT EXPECT MUCH IMPROVEMENT
IN HEALTH AFTER SUCH A SHORT TIME. ONE HUNDRED ONE FAMILIES WERE
SURVEYED. I WAS SURPRISED TO SEE THAT 67 REPORTED A MAJOR IMPROVEMENT
IN HEALTH SINCE MOVING; 34 REPORTED NO CHANGE. AND NONE OF THE FAMILIES
REPORTED THAT THEIR HEALTH HAD CHANGED FOR THE WORSE (TABLE 8).
TESTIMONY OF PAIGEN B
HAZARDOUS WASTE DISPOSAL
790321
PART 009 OF 27
PAIGEN B CANCER RESEARCH SCIENTIST
ROSWELL PARK MEMORIAL INSTITUTE NEW YORK STATE DEPARTMENT OF HEALTH
109390
HEARINGS
TRANSCRIPT
HOUSE
OF THE NINE FAMILIES WHO REPORTED THAT FREQUENT EAR INFECTIONS WERE A
MAJOR PROBLEM LIVING ON THE CANAL, ALL NINE REPORTED A MAJOR IMPROVEMENT
IN THIS PROBLEM, INCLUDING ONE CHILD WHOSE LOSS OF HEARING RETURNED TO
NORMAL. OF THE 50 FAMILIES WHO REPORTED THAT COLDS, PNEUMONIS,
PRONCHITIS, AND SINIS INFECTIONS WERE A MAJOR PROBLEM WHILE LIVING ON
THE CANAL, 49 REPORTED AN IMPROVEMENT.
OF THE 12 ASTHMATICS, 11 REPORTED AN IMPROVEMENT. SOME OF THESE HAVE
NOT HAD A SINGLE ATTACK SINCE MOVING. OF THE 17 FAMILIES WHO REPORTED
SKIN RASHES AS A PROBLEM, 14 HAVE EXPERIENCED IMPROVEMENT SINCE MOVING.
OF THE 12 FAMILIES WHO REPORTED THAT SEVERE DEPRESSION OR A NERVOUS
CONDITION WERE HEALTH PROBLEMS, 11 HAVE REPORTED MAJOR IMPROVEMENTS.
OF THE 39 FAMILIES THAT REPORTED MIGRAINE OR FREQUENT HEADACHES AS A
PROBLEM, 38 REPORTED A MAJOR IMPROVEMENT (TABLE 8).
ONE INDIVIDUAL CASE IS ILLUMINATION. ONE CHILD HAD BEEN EXTENSIVELY
STUDIED IN BUFFALO CHILDREN'S HOSPITAL FOR SEVERE GROWTH RETARDATION.
AT AGE 3, SHE HAD A BONE AGE OF 1 YEAR. OF THE GROWTH RETARDATION BUT
THAT THE CHILD WOULD PROBABLY BE A MIDGET.
SINCE LEAVING THE CANAL, THIS CHILD HAS BEGUN TO GAIN WEIGHT AND TO
GROW RAPIDLY.
I BELIEVE THAT EVEN THIS LIMITED SURVEY OF PEOPLE WHO HAVE BEEN
EVACUATED INDICATES A MAJOR IMPROVEMENT IN HEALTH PROBLEMS CAN BE
ACHIEVED BY EVACUATION DESPITE THE STRESS OF LOSS OF HOME AND COMMUNITY.
IN CONTRAST, THE PEOPLE WHO HAVE BEEN LEFT BEHIND, PARTICULARLY THOSE
IN WET AREAS, ARE STILL FACING A SERIOUS HEALTH HAZARD WHICH THEY ARE
POWERLESS TO CORRECT WITHOUT GOVERNMENTAL ACTION.
BASED ON THESE STUDIES, I HAVE MADE SEVERAL RECOMMENDATIONS.
THE 140 FAMILIES LIVING IN WET AREAS IN THE SECTION I STUDIED SHOULD
BE EVACUATED IMMEDIATELY.
ALL WOMEN OF CHILDBEARING AGE WHO WISH TO HAVE MORE CHILDREN SHOULD
BE EVACUATED FROM THE ENTIRE NEIGHBORHOOD. THEY SHOULD BE ADVISED TO
WAIT 6 MONTHS TO A YEAR BEFORE GETTING PREGNANT TO ALLOW CHEMICALS TO BE
EXCRETED FROM THEIR BODIES.
SICK PEOPLE WHO LIVE IN SOME HOMES IN DRY AREAS SHOULD BE EVACUATED
IF THEY WISH TO MOVE. THERE ARE SOME HOMES IN DRY AREAS WITH VERY HIGH
LEVELS OF CHEMICAL READINGS IN THEIR BASEMENT AIR. THERE ARE FAMILIES
IN DRY AREAS ILL WITH MULTIPEL DISEASES.
WE DO NOT KNOW ENOUGH ABOUT WHAT IS OCCURRING UNDERGROUND. CHEMICALS
MIGHT BE MIGRATING ALONG SEWER PIPES AND SERVICE LINES. DRUMS OF TOXIC
WASTES MIGHT BE BURIED IN DISCRETE AREAS SEPARATE FROM THE LOVE CANAL AS
SOME TRUCKERS HAVE CLAIMED.
TOXIC WASTES HAVE MIGRATED INTO THE STORM SEWER SYSTEM. THESE STORM
SEWERS BACK UP AND SATURATE THE YARDS WITH TOXIC CHEMICALS.
DETAILED STUDIES MUST BE INITIATED ON THE WEST SIDE OF THE CANAL,
WHERE I HAVE NOT DONE ANY HEALTH STUDIES. A MAJOR SWALE RUNS THROUGH A
HOUSING DEVELOPMENT THERE KNOWN AS GRIFFIN MANOR. IT TOUCHES 15
APARTMENTS. THE ENTIRE GRIFFIN MANOR WAS ONCE LOW AND SWAMPY. IT IS
POSSIBLE THAT THE WHOLE AREA HAS BEEN HEAVILY CONTAMINATED. IF IT IS,
MORE FAMILIES WILL HAVE TO BE
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PAIGEN B CANCER RESEARCH SCIENTIST
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THE REMEDIAL CONSTRUCTION WORK WAS PLANNED BEFORE THE IMPORTANCE OF
THE STREAMBEDS WAS UNDERSTOOD. I THINK THE PLAN SHOULD BE MODIFIED.
OTHERWISE, IT MAY VERY WELL BE THAT THE CONSTRUCTION OF A DRAINAGE DITCH
PARALLEL TO THE CANAL WILL SIMPLY LEAD TO AN INCREASED FLOW OF TOXIC
WASTES DOWN THE STREAMBEDS. THOSE LATERAL DITCHES WILL COLLECT THE
WASTES AND FUNNEL THEM DOWN THE PATH OF LEAST RESISTANCE INSTEAD OF OUT
TO THE TREATMENT PLANT.
THE STREAMBEDS MAY BE SO CONTAMINATED THAT THEY WILL HAVE TO BE DUG
UP AND THE CONTAMINATED SOIL ON EITHER SIDE FOR AS MUCH AS AN ENTIRE
HOUSE LOT BE REMOVED AND DRAINAGE TILES PLACED IN EACH STREAMBED. EVEN
THIS MAY NOT BE ENOUGH. IT MAY BE NECESSARY TO ABANDON THE ENTIRE
NEIGHBORHOOD.
LOVE CANAL IS AN MUCH A DISASTER AS ANY HURRICANE, EARTHQUAKE, OR
FLOOD. THE FEDERAL GOVERNMENT HAS ACCEPTED THE RESPONSIBILITY OF AIDING
AREAS HIT BY NATURAL DISASTERS. IN 1977 OUR AREA IN WESTERN NEW YORK
SUFFERED A BLIZZARD. MILLIONS OF DOLLARS IN AID WERE PROVIDED IN
RESPONSE TO THE FINANCIAL LOSS AND INCONVENIENCE INVOLVED. NOW WE HAVE
A DISASTER THAT INVOLVES NOT ONLY FINANCIAL LOSS BUT SERIOUS HEALTH
EFFECTS.
THIS CATASTROPHE WAS TOTALLY BEYOND THE CONTROL OF THE VICTIMS. THEY
ARE TRAPPED IN A MORE SERIOUS AND LONG-LASTING WAY THAN ANY OF US WERE
BY THE BLIZZARD. THEIR CHEMICALS WILL NOT MELT AWAY IN SPRINGTIME,
ONE OF THE NEIGHBORHOOD RESIDENTS HAS EXPRESSED IT VERY SIMPLY, HE
SAID, "I'VE BEEN THROUGH A FIRE AND I'VE BEEN THROUGH A FLOOD; AND THIS
IS FAR WORSE."
I WILL BE HAPPY TO ANSWER ANY QUESTIONS.
(TESTIMONY RESUMES ON P. 78.)
(THE FIGURES AND TABLES REFERRED TO FOLLOW.)
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HAZARDOUS WASTE DISPOSAL
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FIGURE 4. STUDY AREA. EACH HOME THAT PARTICIPATED IN SURVEY IS
COVERED WITH A CIRCLE.
FIGURE OMITTED.
MISCARRIAGES AND CRIB DEATHS.
FIGURE OMITTED.
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HAZARDOUS WASTE DISPOSAL
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PAIGEN B CANCER RESEARCH SCIENTIST
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BIRTH DEFECTS.
FIGURE OMITTED.
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HAZARDOUS WASTE DISPOSAL
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PAIGEN B CANCER RESEARCH SCIENTIST
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NERVOUS BREAKDOWN
FIGURE OMITTED.
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HAZARDOUS WASTE DISPOSAL
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URINARY DISEASE.
FIGURE OMITTED.
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HAZARDOUS WASTE DISPOSAL
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MICROFORM REFILMED; SEE APPENDICES.
FIGURE OMITTED
FIGURE 9. MISCARRIAGES, STILL BIRTHS, CRIB DEATHS, NERVOUS
BREAKDOWNS, HYPERACTIVITY, EPILEPSY, AND URINARY DISEASE IN LOVE CANAL
AREA.
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HAZARDOUS WASTE DISPOSAL
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TABLE 1 MISCARRIAGES IN WOMEN LIVING IN LOVE CANAL AREA
TABLE OMITTED.
TABLE 2 BIRTH DEFECTS IN CHILDREN BORN IN LOVE CANAL AREA.
TABLE OMITTED
TABLE 3 BIRTH DEFECTS IN CHILDREN BORN DURING LAST 5 YEARS IN WET
AREAS.
TABLE OMITTED.
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HAZARDOUS WASTE DISPOSAL
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TABLE 4 NERVOUS BREAKDOWNS
TABLE OMITTED.
TABLE 5 URINARY DISEASE IN LOVE CANAL AREA
TABLE OMITTED.
TABLE 6 ASTHMA IN LOVE CANAL AREA
TABLE OMITTED. HEALTH STATUS OF 101 EVACUATED FAMILIES.
TABLE OMITTED.
TABLE 8 HEALTH STATUS OF EVACUATED FAMILIES.
TABLE OMITTED.
TESTIMONY OF PAIGEN B
HAZARDOUS WASTE DISPOSAL
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PART 018 OF 27
PAIGEN B CANCER RESEARCH SCIENTIST
ROSWELL PARK MEMORIAL INSTITUTE NEW YORK STATE DEPARTMENT OF HEALTH
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TRANSCRIPT
HOUSE
MR. ECKHARDT. MR. GORE?
MR. GORE. THANK YOU, MR. CHAIRMAN.
I WOULD LIKE TO TRY TO BRIEFLY DRAW THE BACKGROUND OF THIS SITE. WE
ARE MOVING NOW TO THE LOVE CANAL SITE, WHICH WAS USED IMMEDIATELY PRIOR
TO THE HYDE PARK SITE WHICH WE DISCUSSED EARLIER.
DUMPING STOPPED AT LOVE CANAL AROUND 1953. IT WAS LITERALLY A CANAL
ABOUT A QUARTER OF A MILE LONG DUG BY A MAN NAMED WILLIAM LOVE BACK IN
THE 1890'S AS A SOURCE OF ELECTRIC POWER. INCIDENTALLY, IF I AM NOT
MISTAKEN, MR. CHAIRMAN, THE REASON THE CHEMICAL INDUSTRY WAS FIRST
ATTRACTED TO THE NIAGARA FALLS AREA WAS THE PROXIMITY OF CHEAP
HYDROELECTRIC POWER. MR. LOVE HAD A PLANNED COMMUNITY IN MIND AND BEGAN
WORK ON HIS CANAL. BUT IT WAS ABANDONED WHEN ALTERNATING CURRENT WAS
INVENTED AND THEY FOUND THE MEANS OF TRANSPORTING ELECTRICITY OVER
GREATER DISTANCES. IN 1910, HE SOLD THE SITE.
SUBSEQUENTLY IT WAS DEVELOPED. HOMES WERE BUILT NEARBY. EVENTUALLY
A SCHOOL WAS PLACED ON THE MIDDLE OF IT AFTER IT WAS USED FOR A CHEMICAL
WASTE DUMP.
AS MANY PEOPLE ARE AWARE, 230 -ODD FAMILIES HAVE BEEN EVACUATED. IT
IS, IN EFFECT, A VERY LARGE CANCER CESSPOOL, DISEASE CESSPOOL THAT IS
THREATENING THE PEOPEL IN THAT AREA.
IT IS INSTRUCTIVE THAT THESE EFFECTS ARE OCCURRING SO LONG AFTER THE
DUMPING WAS STOPPED. IT IS INSTRUCTIVE IN TERMS OF WHAT WE MAY FIND IN
AND AROUND OTHER SITES IN YEARS TO COME.
WHAT YOU ARE TELLING US THIS MORNING, DR. PAIGEN, IS THAT THE 230
FAMILIES ALREADY EVACUATED ARE NOT THE ONLY FAMILIES THAT ARE ENDANGERED
BY THIS SITE. YOU ARE RECOMMENDING THAT 140 ADDITIONAL FAMILIES BE
EVACUATED IMMEDIATELY AND THAT ANOTHER
THE ESSENCE OF YOUR THEORY IS, AND THE WORK THAT YOU HAVE DONE IS,
THAT OLD STREAMBEDS THAT USED TO GO THROUGH THIS AREA STILL FUNCTION AS
A PATTERN OF DRAINAGE FOR THE AREA BECAUSE THE OLD STREAMBEDS HAVE BEEN
FILLED IN WITH RATHER LOOSE FILL AND THAT, WHEN THIS ENORMOUS AMOUNT OF
WASTE -- MUCH OF IT LIQUID WASTE -- IS COLLECTED IN THE CANAL -- AND
ALSO AS IT COMBINES WITH THE NORMAL RAINFALL -- THE PRESSURE FORCES THE
LIQUIDS TO FIND THEIR WAY OUT THROUGH THE OLD STREAMBEDS. THEREFORE THE
CHEMICALS, MANY OF WHICHARE NOT SOLUBLE IN WATER -- SOME SUCH AS BENZENE
AND TOLUENE ARE -- FIND THEIR WAY TO GREAT DISTANCES BEYOND THE ORIGINAL
LOVE CANAL SITE.
YOU HAVE DONE A STUDY OF WHAT YOU CALL WET AREAS IN AND AROUND THE
LOVE CANAL SITE WHICH CORRESPOND TO LOCATIONS ALONG THE OLD STREAMBEDS.
YOUR WORK HAS LED YOU TO THE CONCLUSION THAT THE INCIDENCE OF
MISCARRIAGE AND SERIOUS DISEASE CORRESPONDS WITH THE PATTERN OF THE OLD
STREAMBEDS OR SWALES, AS YOU REFER TO THEM.
IS THAT A FAIR SUMMARY OF WHAT YOU ARE TELLING US?
DR. PAIGEN. YES, EXCEPT FOR ONE ADDED THING. AND THAT IS, I USED AN
INTERNAL CONTROL, THE DRY TO THE WET, IN ORDER TO CORRECT FOR SOME
DEFECTS IN MY DATA BASE. I BELIEVE THAT THE MISCARRAIGE RATE AND THE
BIRTH DEFECT RATE IN THE DRY AREA CAN ALSO BE ELEVATED BECAUSE AT
CERTAIN TIMES THERE IS FLOODING AND SEWER BACKUP AND SO FORTH. I THINK
THOSE OTHER AREAS MAY ALSO BE CONTAMINATED.
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PAIGEN B CANCER RESEARCH SCIENTIST
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TRANSCRIPT
HOUSE
MR. GORE. I AM GOING TO GET INTO THE CONTROL GROUP ISSUE IN A
MOMENT.
BASICALLY, IT IS A WET AREA TO BEGIN WITH, A RELATIVELY DAMP AREA TO
BEGIN WITH. YOU HAVE COMPARED THE PEOPLE IN THE SWALE AREA ALONG THE
OLD ABANDONDED STREAMBEDS THAT HAVE BEEN FILLED IN TO OTHER PEOPLE WHO
DO NOT LIVE NEAR THE OLD ABANDONED STREAMBEDS. YOU ARE SAYING THAT, IF
YOU HAD A CONTROL GROUP THAT WAS IN AN AREA THAT WAS NOT CONTAMINATED,
THE STATISTICS MIGHT BE EVEN MORE POINTED AND SHOW AN EVEN GREATER
INCIDENCE OF
WHY DO YOU NOT HAVE A CONTROL GROUP?
DR. PAIGEN. I HAVE PLEADED WITH THE STATE OF NEW YORK HEALTH
DEPARTMENT TO DO A CONTROL GROUP. THEY DO NOT SEEM TO BE WILLING TO DO
ONE AT THIS TIME.
MR. GORE. THE STATE OF NEW YORK STUDY GROUP -- THIS IS THE HEALTH
DEPARTMENT, IS IT?
DR. PAIGEN. YES.
MR. GORE. IT SEEMS TO ME THAT THEY WOULD BE INTERESTED IN FINDING A
CONTROL GROUP TO TRY TO ACCURATELY ASSESS THE NATURE OF THE HEALTH
PROBLEM.
DR. PAIGEN. I WOULD THINK SO, TOO.
I MYSELF DID NOT DO A CONTROL GROUP BECAUSE I AM NOT AN EPIDEMIOLOGI
AND I AM NOT TRYING TO DO A STUDY WITH NO RESOURCES THAT I THINK SHOULD
BE DONE APPROPRIATELY. I CAME TO THE CALL FOR HELP FROM THESE PEOPLE
AND LOOKED AT THE DATA THAT THEY HAD COLLECTED. I WAS TRYING TO SERVE
AS SOME SORT OF A CHECK ON WHAT THE OFFICIAL STUDY DONE BY STATE OF NEW
YORK HEALTH DEPARTMENT WAS DOING.
MR. GORE. WELL, YOUR FIGURES CERTAINLY WOULD BE BIASED TOWARD THE
CONSERVATIVE VIEW OF HOW SERIOUS THIS PROBLEM IS IF YOUR CONTROL GROUP,
SO TO SPEAK, IS RIGHT IN THE LOVE CANAL AREA.
DR. PAIGEN. RIGHT. IT IS BIASED. I WAS TRYING VERY HARD TO
UNDERSTATE THE CASE BECAUSE IT IS A HIGHLY POLITICAL SITUATION AND
BECAUSE I THINK THE DISEASE INCIDENCE IS SO SERIOUS AND SO DEVASTATING
THAT I COULD ADOPT AN APPROACH THAT UNDERSTATED THE CASE.
MR. GORE. IS THE STATE NOW LOOKING FOR A CONTROL AREA TO YOUR
KNOWLEDGE?
DR. PAIGEN. TO MY KNOWLEDGE, NO.
MR. GORE. I THOUGHT THAT THEY MIGHT HAVE BEEN LOOKING FOR A GROUP
NORTH OF THE IMMEDIATE AREA.
DR. PAIGEN. AT THAT MEETING OF JANUARY 16, 1979, THERE WAS A
COMMITTEE OF SCIENTIFIC EXPERTS THAT THE STATE OF NEW YORK HEALTH
DEPARTMENT HAD BROUGHT IN. AT THAT TIME THE NEED FOR A CONTROL GROUP
WAS DISCUSSED. IT WAS INDICATED BY THE PEOPLE I DO NOT KNOW IF THEY
HAVE FOLLOWED THROUGH ON THAT SUGGESTION.
MR. GORE. WELL, YOUR THEORY CERTAINLY SEEMS TO MAKE SENSE BECAUSE IT
DOES NOT SEEM TO MAKE ANY SENSE TO ASSUME THAT, IF YOU DUMP THAT MUCH
LIQUID AND OTHER KINDS OF WASTE IN THE GROUND, IT IS NOT NECESSARILY
GOING TO STAY THERE LIKE IT IS IN A BATHTUB. IT IS NOT A BATHTUB. IT
IS A POROUS AREA. YOU HAVE THESE OLD STREAMBEDS.
THE WET AREAS SIGNIFY THE AREAS WHERE THE DRAINAGE PATTERN HAS LED
THIS LIQUID TO ACCUMULATE.
LET ME ASK YOU ABOUT THE REACTION TO YOUR FINDINGS. YOU NOT ONLY
CAME UP WITH THE SWALE FINDING. YOU ALSO PRESENTED THE EVIDENCE ON
MISCARRIAGES THAT YOU PRESENTED TO US. WHEN DID YOU PRESENT YOUR
FINDINGS TO THE STATE OF NEW YORK FOR THE FIRST TIME?
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HAZARDOUS WASTE DISPOSAL
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PAIGEN B CANCER RESEARCH SCIENTIST
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DR. PAIGEN. THEY WERE FIRST PRESENTED VERBALLY OVER THE TELEPHONE IN
EARLY OCTOBER. AT THAT POINT, I HAD TALKED TO THE EPIDEMOLOGIST IN
CHARGE, DR. VIENNA. HE HAD TOLD ME THAT THERE WAS NO ELEVATION OF
MISCARRIAGES OR BIRTH DEFECTS IN THE AREA. I ASKED HIM HOW HE
DETERMINED THAT FACT. HE SAID THAT HE HAD LOOKED AT THE MISCARRIAGE
RATE ON EACH STREET AND, AS YOU MOVED OUT FROM THE CANAL, THERE WAS NO
CHANGE.
I SAID TO HIM THAT MY DATA INDICATED THAT THE FLOW OF CHEMICALS HAD
NOT MOVED OUT LATERALLY FROM THE CANAL, BUT THAT THEY WERE FOLLOWING THE
PATHS OF STREAMBEDS AND THEREFORE TO LOOK AT IT BY STREET WAS NOT
SUFFICIENT.
WE DID NOT GET ANY RESPONSE TO THAT. I COULD NOT SEEM TO GET THROUGH
TO THE HEALTH DEPARTMENT. I COULD NOT SEEM TO GET THEM TO LOOK AT MY
INFORMATION. SO, I CALLED COMMISSIONER HENNESSY, WHO WILL BE A WITNESS
HERE LATER. I EXPLAINED TO HIM THAT I THOUGHT I HAD SOME VERY IMPORTANT
HEALTH DATA THAT I WOULD LIKE TO SHARE WITH THE COMMISSIONER OF HEALTH
AND HIS SCIENTISTS. HE SAID HE WOUDL ARRANGE THE MEETING.
IT TOOK THREE PHONE CALLS BY COMMISSIONER HENNESSY TO GET ME ACCESS.
I MEAN, HE WOULD CALL AND HE WOULD CALL ME BACK AND SAY BE ARRANGED. WE
WENT ON LIKE THIS FOR A DAY.
FINALLY, I MET NOVEMBER 1 AND PRESENTED THIS DATA TO THE HEALTH
DEPARTMENT. I SENT THEM MY DATA AHEAD OF TIME BEFORE I WENT DOWN. WHEN
I GOT THERE, THEY SAID THEY HAD CHECKED THE SWALE THEORY AND THAT IT WAS
WRONG, AND THEY HAD CHECKED THE INCREASE IN MISCARRIAGESAND BIRTH
DEFECTS AND IT WAS WRONG.
I ASKED FOR THE DATA SUPPORTING THEIR CONCLUSIONS. I COULD NOT GET
IT.
THERE WERE SEVERAL COMMENTS MADE TO THE PRESS OVER THE NEXT MONTH
THAT THE DATA WERE UNSCIENTIFIC, THAT I WAS LOOKING AT USELESS
HOUSEWIVES DATA, AND THAT THE SWALE THEORY WAS WRONG.
IN DECEMBER THEY BEGAN SAYING THAT PERHAPS THEIR STATEMENTS HAD BEEN
PREMATURE. THEN, ON FEBRUARY 8, THEY HAD A MEETING IN NIAGARA FALLS.
THEY ANNOUNCED THAT DISEASE WAS ELEVATED ALONG THE SWALES AND THAT
MISCARRIAGES AND BIRTH DEFECTS WERE ELEVATED ALONG SWALES AND THAT THEY
WERE THEREFORE MOVING PREGNANT WOMEN AND CHILDREN UNDER 2. HOWEVER
MR. GORE. TEMPORARILY?
DR. PAIGEN. TEMPORARILY.
MR. GORE. WHY TEMPORARILY?
DR. PAIGEN. THAT IS A POLITICAL DECISION, NOT A SCIENTIFC DECISION,
AND I DO NOT KNOW THE REASON.
MR. GORE. A WOMAN COULD BE PREGNANT, TYPICALLY, 8 WEEKS BEFORE
LEARNING ABOUT A PREGNANCY. IS THAT CORRECT?
DR. PAIGEN. YES.
I THINK THAT THE DECISION TO MOVE A WOMAN ONLY AFTER SHE BECAME
PREGNANT WAS A HORRIBLE DECISION. THE REASON I THINK IT IS SO HORRIBLE
IS, FIRST, THERE IS QUITE A BIT OF TIME BEFORE YOU KNOW THAT YOU ARE
PREGNANT, THEN YOU MUST PROVE IT TO THE STATE, THEN YOU MUST FIND A
HOUSE, AND THEN YOU MUST MOVE. THE MOST DANGEROUS TIME FOR THE
DEVELOPING CHILD IN THE FIRST TRIMESTER OF PREGNANCY, WHICH WILL BE
PAST.
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IN ADDITION, THE FACT THAT PREGNANCY WAS THE ONLY WAY TO GET OUT OF
THAT AREA TO THESE PEOPLE WHO ARE TRAPPED MEANT THAT MANY OF THEM WENT
HOME DETERMINED TO TRY TO GET PREGNANT. SO, I THINK THAT THEY MIGHT
POSSIBLY BE ACTUALLY INCREASING THE NUMBER OF HEALTH PROBLEMS IN THE
AREA RATHER THAN DECREASING.
IN ADDITION, IT TAKES CONSIDERABLE TIME FOR THOSE TOXIC CHEMICALS TO
BE EXCRETED FROM THE BODY. I DO NOT THINK A WOMAN REALLY CAN SAFELY GET
PREGNANT EVEN FOR SEVERAL MONTHS.
MR. GORE. YOU ARE NOT TELLING US THAT SOME PEOPLE GOT PREGNANT IN
ORDER TO GET THE STATE
DR. PAIGEN. THAT IS WHAT THE RESIDENTS HAVE SAID. I HAVE SAID
PUBLICLY THAT I THINK THAT IS QUITE A HORRIBLE THING TO DO.
MR. GORE. IN OTHER WORDS, YOU HAVE HEARD PEOPLE SAY THAT THIS WAS
DR. PAIGEN. MANY PEOPLE HAVE SAID THAT.
MR. GORE. WELL, THE REST OF THE POPULATION IS ALSO AT RISK. IS THAT
NOT YOUR CONCLUSION ALSO?
DR. PAIGEN. YES. AT THAT SAME MEETING, THERE WAS A NEWS RELEASE PUT
OUT BY THE STATE OF NEW YORK HEALTH DEPARTMENT. IN THAT NEWS RELEASE
SEVERAL CLAIMS AS TO THE HEALTH EFFECTS IN THE NEIGHBORHOOD WERE MADE.
ONE CLAIM WAS THAT THE BIRTH DEFECTS IN THE DRY AREAS ARE THE SAME AS
FOR THE NORMAL POPULATION. A SECOND CLAIM IS THERE WAS NO INCREASED
INCIDENCE OF LIVER DISEASE, WHICH I HAVE NOT TALKED ABOUT BUT WHICH I
BELIEVE MAY BE ELEVATED. A THIRD CLAIM WAS THAT THERE WAS NO INCREASE
IN ABNORMAL BLOOD PROBLEMS EXCEPT FOR IRON DEFICIENCY ANEMIA.
THE TWO THINGS I TOLD YOU MIGHT BE GOING ON THE NEIGHBORHOOD,
BLEEDING PROBLEMS, WOULD SHOW UP IN ANEMIA, AND AN IMMUNE PROBLEM WOULD
SHOW UP IN THE LOWERED WHITE BLOOD COUNTS. THE STATE SAID THAT THERE
WAS NO CHANGE THERE.
ANOTHER CLAIM WAS NO EVIDENCE OF TOXICITY RELATING TO BENZENE, AND
ANOTHER CLAIM WAS NO EVIDENCE OF NEUROLOGICAL -- THAT IS CENTRAL NERVOUS
SYSTEM -- DISEASE. I CALLED THE STATE AND ASKED FIRST TO CONTACT MARVIN
NAYLOR, WHO WROTE THIS PRESS RELEASE, WHO IS A PUBLIC RELATIONS PERSON.
I WAS TALKING TO DR. VIENNA. I SAID I PREFER TO GET THE DATA FROM AN
EPIDEMIOLOGIST, NOT FROM A PUBLIC RELATIONS PERSON. HE SUGGESTED I READ
IT WHEN HE PUBLISHED IT IN THE SCIENTIFIC LITERATURE AT SOME FUTURE
DATE.
MR. GORE. I JUST WANT TO CLOSE BY MAKING TWO BRIEF POINTS. FIRST,
IS TO UNDERSCORE YOUR CONCLUSION THAT, IF THE SWALE THEORY IS CORRECT,
AS IT APPEARS TO BE, THEN THE CURRENT PLAN TO BUILD TRENCHES ALONG THE
SIDES OF THE CANAL AREA MAY WELL FORCE AN INCREASED MIGRATION OF THE
CHEMICALS ALONG THE ABANDONDED STREAMBEDS.
I WILL LOOK FORWARD TO TESTIMONY OF OTHERS TODAY ON THAT POINT. BUT
IT WOULD SEEM TO LOGICALLY FOLLOW FROM YOUR TESTIMONY THAT THAT PLAN
SHOULD BE REVISED.
SECOND, I FIND IT VERY INTERESTING TO READ ABOUT THE BENEFITS TO
PEOPLE WHO HAVE BEEN EVACULATED IN TERMS OF IMPROVED HEALTH. IN
FAIRNESS TO THE STATE OF NEW YORK, I WOULD SIMPLY SAY THAT THIS
SUBCOMMITTEE HAS FOUND ALL ACROSS THE NATION A RELUCTANCE ON THE PART OF
STATE AUTHORITIES TO REALLY BELIEVE THAT THESE HAZARDS COULD BE AS
SERIOUS AS THEY APPARENTLY ARE.
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PAIGEN B CANCER RESEARCH SCIENTIST
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109403
HEARINGS
TRANSCRIPT
HOUSE
THERE IS A LEARNING CURVE, AND THERE IS A REALIZATION CURVE THAT
THESE CHEMICALS ARE SO TOXIC THAT, SINCE WORLD WAR II, WE HAVE BEGUN TO
MAKE CHEMICALS THAT THE HUMAN BODY IS JUST NOT EQUIPPED TO WITHSTAND.
THERE HAS BEEN A DELAY IN REALLY REALIZING THE MAGNITUDE OF THE THREAT.
BUT WE CANNOT EXTEND THESE BENEFITS TO OTHER AMERICANS UNLESS WE KNOW
WHERE THE SITES ARE. AND WE DO NOT HAVE ANY PROGRAM WHATSOEVER IN THE
UNITED STATES TODAY FOR FINDING OUT WHERE THESE SITES ARE SO THAT IF
PEOPLE ON THEIR OWN WANT TO MOVE AWAY, WANT TO TAKE THAT STEP AND THE
ECONOMIC CONSEQUENCES THAT IT BRINGS, THEY CAN JUDGE FOR THEMSELVES IF
THE HEALTH THREAT APPEARS TO THEM TO BE SO SIGNIFICANT THAT THEY WISH TO
MOVE AWAY. TESTIMONY TODAY.
THANK YOU, MR. CHAIRMAN.
MR. ECKHARDT. MR. LENT?
MR. LENT. THANK YOU, MR. CHAIRMAN.
DR. PAIGEN, IT WOULD APPERA THAT YOU HAVE DONE A VERY THOROUGH JOB
HERE OF INVESTIGATING THIS PARTICULAR SITUATION IN BUFFALO. YOU ARE, AS
I UNDERSTAND IT, A CANCER RESEARCH SEICNTIST AT ROSWELL PARK MEMORIAL
INSTITUTE IN BUFFALO, WHICH ENJOYS AN OUTSTANDING REPUTATION I KNOW.
ROSWELL IS A PART OF THE STATE OF NEW YORK DEPARTMENT OF HEALTH, IS
IT NOT?
DR. PAIGEN. YES, IT IS.
MR. LENT. CAN YOU TELL US WHO COMMISSIONED YOU, WHO ASKED YOU TO
PERFORM THIS STUDY? WAS IT ROSWELL? DID YOU DO IT ON YOUR OWN?
DR. PAIGEN. IT WAS NOT ROSWELL PARK. IT WAS THE RESIDENTS OF THE
AREA THAT ASKED ME TO DO IT. THIS STUDY WAS DONE WITH HOUSEWIVES AND
MONEY RAISED FROM BAKE SALES AND MY TIME. I SHOULD SAY MY TIME WAS PAID
FOR BY THE STATE OF NEW YORK; I AM ON SALARY.
MR. LENT. YOU ARE A PART OF THE STATE OF NEW YORK HEALTH DEPARTMENT?
DR. PAIGEN. RIGHT, BUT I AM NOT PART OF THE OFFICIAL STUDY.
MR. LENT. I SEE. SO, YOU DISAGREE THEN WITH THE OFFICIAL STUDY AND
FEEL THAT
DR. PAIGEN. YES, I DID. IF I HAD AGREED WITH THE OFFICIAL STUDY, IF
I HAD THOUGHT THEY WERE DOING A GOOD JOB, I NEVER WOULD HAVE STARTED
THIS.
MR. LENT. WHEN YOU SAY THE DECISION NOT TO TRANSPORT OR REQUEST A
MOVEMENT OF OTHER FAMILIES OUT OF THE AREA -- AS YOU HAVE RECOMMENDED, I
THINK, AN ADDITIONAL 140 FAMILIES SHOULD BE EVACUATED IMMEDIATELY AND
ANOTHER 500 POTENTIALLY -- YOU SAY "IT IS A POLITICAL DECISION" NOT TO
MOVE THEM. WHAT DO YOU MEAN BY, "IT IS A POLITICAL DECISION?"
DR. PAIGEN. I MEAN THAT THERE ARE THE SCIENTIFIC CONCLUSIONS WHICH
ARE THE HEALTH OF THESE PEOPLE IS THREATENED. THEN THERE
MR. LENT. BUT THE HEALTH DEPARTMENT DOES NOT AGREE WITH YOU THAT
THERE IS A THREAT TO THESE OTHER FAMILIES; DO THEY?
DR. PAIGEN. THE HEALTH DEPARTMENT HAS NOT INVESTIGATED IT VERY
THOROUGHLY. THEY DID MAKE THESE CLAIMS IN THIS PRESS RELEASE.
TESTIMONY OF PAIGEN B
HAZARDOUS WASTE DISPOSAL
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PART 023 OF 27
PAIGEN B CANCER RESEARCH SCIENTIST
ROSWELL PARK MEMORIAL INSTITUTE NEW YORK STATE DEPARTMENT OF HEALTH
109404
HEARINGS
TRANSCRIPT
HOUSE
BUT THE FACT THAT I HAVE BEEN UNABLE TO GET ANY DATA BACKING IT UP
MAKES ME THINK THAT THE STUDIES ARE TRULY NOT YET COMPLETE.
MR. LENT. I HAVE NO FURTHER QUESTIONS, MR. CHAIRMAN. I THANK THE
WITNESS. I WONDER IF WE COULD HAVE UNANIMOUS CONSENT THAT THE DOCUMENT
THE DOCTOR REFERRED TO, THE PRESS RELEASE OF THE DEPARTMENT OF HEALTH,
BE APPENDED TO THE RECORD AT THIS POINT.
MR. ECKHARDT. DO YOU OBJECT TO THAT?
DR. PAIGEN. NOT AT ALL.
MR. ECKHARDT. WITHOUT OBJECTION, IT WILL BE SO ORDERED.
(THE MATERIAL REFERRED TO WAS NOT AVAILABLE TO THE SUBCOMMITTEE AT
THE TIME OF PRINTING.)
MR. ECKHARDT. I WANT TO TAKE A LOOK AT THAT. I WOULD LIKE TO
CLARIFY TO WHAT EXTENT YOU AND THE HEALTH AUTHORITIES IN NEW YORK ARE IN
DISAGREEMENT.
IS IT TRUE, AT LEAST TENTATIVELY, THE STATE OF NEW YORK RECOGNIZES
THE DANGERS HAVING TO DO WITH PREGNANCY AND MISCARRIAGE AS AFFECTED BY
THOSE LIVING ON THE CANAL AND ON THE SWALES?
DR. PAIGEN. YES. AT THIS POINT THE HEALTH DEPARTMENT AGREES THAT
MISCARRIAGES AND BIRTH DEFECTS ARE ELEVATED ALONG THE SWALES. THEY HAVE
DECIDED TO DO SOMETHING TO PROTECT THE HUMAN FETUS.
MR. ECKHARDT. BUT THEY ARE STILL NOT WILLING TO CONCEDE THAT THERE
MAY BE OTHER DANGERS TO PERSONS OTHER THAN PREGNANT WOMEN. IS THAT WHAT
I UNDERSTAND?
DR. PAIGEN. I BELIEVE THAT IS WHAT THEY ARE SAYING FROM THAT PRESS
RELEASE.
ONE OF THE PROBLEMS WE HAVE HAD IS THAT WE CANNOT GET ANY
INFORMATION, OR WE CAN GET VERY LITTLE INFORMATION, OUT OF THE HEALTH
DEPARTMENT. IT IS MY BELIEF THAT, WHEN A GOVERNMENTAL AGENCY,
PARTICULARLY SCIENTISTS IN A GOVERNMENTAL AGENCY ARE STATEMENT OR A
DECISION, THEY SHOULD RELEASE A WHITE PAPER THAT GIVES THE SCIENTIFIC
METHODS THEY USED, THE QUESTIONS THEY ASKED, HOW THEY DID THEIR STUDY,
WHAT THE RESULTS ARE, WHAT THE STATISTICAL ANALYSIS IS. INSTEAD, ALL
THEY DO IS MAKE CLAIMS IN PRESS RELEASES, AND WE HAVE NO WAY FOR
INDEPENDENT SCIENTISTS TO REVIEW THE VALIDITY OF THEIR CONCLUSIONS.
I DO NOT THINK THIS IS THE WAY SCIENCE SHOULD BE DONE, AND I DO NOT
THINK THIS IS THE WAY GOVERNMENT CAN BE DONE.
MR. ECKHARDT. I THINK WHAT YOU HAVE CHARACTERIZED HERE IS ABOUT
CORRECT. THEY SAY, "WE CANNOT SAY WITH CERTAINTY THAT THE HIGHER RATES
FOUND IN EACH OF THE CATEGORIES DIRECTLY RELATED TO CHEMICAL EXPOSURE.
THE DATA DO SUGGEST A SMALL BUT SIGNIFICANT INCREASE IN THE RISK OF
MISCARRIAGES AND BIRTH DEFECTS." THAT IS QUOTING DR. AXELROD.
"ALTHOUGH THE MAGNITUDE OF THE ADDITIONAL RISK TO THIS POPULATION IS
INDEED SMALL, PRUDENCE DICTATES WE TAKE A MOST CONSERVATIVE POSTURE TO
MINIMIZE EVEN THAT SMALL ADDITIONAL RISK," HE ADDED.
IT SEEMS TO ME A RATHER GRUDGING AGREEMENT WITH YOUR CONCLUSIONS,
EVEN WITH RESPECT TO PREGNANCY RELATED MATTERS AND BIRTH DEFECTS.
THEN DR. AXELROD SAYS, "THE STUDIES TO DATE DID NOT DOCUMENT ANY
INCREASED INCIDENCE OF LIVER DISEASE EXCEPT AMONG RESIDENTS OF THE FIRST
TWO RINGS OF HOMES WHICH HAVE BEEN EVACULATED."
BUT, AGAIN, OF COURSE, THE QUESTION IS, HOW LARGE SHOULD THE RINGS
BE, SO TO SPEAK?
TESTIMONY OF PAIGEN B
HAZARDOUS WASTE DISPOSAL
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PART 024 OF 27
PAIGEN B CANCER RESEARCH SCIENTIST
ROSWELL PARK MEMORIAL INSTITUTE NEW YORK STATE DEPARTMENT OF HEALTH
109405
HEARINGS
TRANSCRIPT
HOUSE
IT SEEMS TO ME THAT A PRUDENT APPROACH TO THIS MATTER, IF THERE IS A
DEGREE OF DISAGREEMENT, WOULD BE TO ESTABLISH SOME OTHER UNQUESTIONED
AUTHORITY TO LOOK AT THE DECISIONS OF BOTH.
I UNDERSTAND THAT A SO-CALLED BLUE RIBBON PANEL OF EXPERTS HAS BEEN
FORMED TO REVIEW HEALTH INFORMATION ON THE LOVE CANAL. DO YOU SERVE ON
THIS PANEL?
DR. PAIGEN. I WAS INVITED TO ONE OF THE THREE MEETINGS OF THE BLUE
RIBBON COMMITTEE. I WAS INVITED TO THE MIDDLE OF THE THREE MEETINGS.
THE BLUE RIBBON COMMITTEE PANEL OF EXPERTS MEETS IN SECRET. THEIR
IDENTITIES ARE SECRET. YOU CANNOT OBTAIN MINUTES ROOM WHAT GOES ON IN
THE MEETING.
THE ONLY WAY THE PUBLIC OR THE AREA RESIDENTS OR AN INDEPENEDENT
SCIENTIST CAN -- THERE IS NO WAY THAT ANYBODY CAN REVIEW WHAT
RECOMMENDATIONS THAT COMMITTEE ACTUALLY MAKES TO THE HEALTH DEPARTMENT.
THAT IS NOT THE WAY SCIENCE SHOULD BE CONDUCTED. IT SHOULD BE AN
OPEN PROCESS.
I CAN ALSO SAY THAT AT THE MEETING I ATTENDED THE WAY THAT THE
INFORMATION WAS PRESENTED TO THOSE SCIENTISTS, IT WAS NOT POSSIBLE FOR
THEM TO TAKE HOME ENOUGH INFORMATION TO CRITICALLY REVIEW WHAT THE STATE
HAD SAID. IN ADDITION, I HAD TALKED TO DAVID AXELROD ABOUT A MONTH
AFTER THE MEETING THAT I ATTENDED. I HAD MENTIONED TO HIM SOMETHING
THAT I THOUGH WAS A CONSENSUS OF SCIENTIFIC OPINION THAT AROSE AT THAT
MEETING, AND HE HAD REMEMBERED IT QUITE DIFFERENTLY.
SO, I FEEL THAT THE BLUE RIBBON
MR. ECKHARDT. I ASSUME THEN THAT A TRANSCRIPT HAS NOT BEEN PREPARED
THAT WILL DETERMINE WHAT WAS SAID AND WHAT IS DONE?
DR. PAIGEN. I DO NOT KNOW IF THERE IS ANY TRANSCRIPT KEPT, BUT I
KNOW THAT IT IS NOT AVAILABLE TO ME OR TO OTHER PEOPLE WHO WISH TO LOOK
AT WHAT THE STATE IS DOING AND SEE IF IT IS APPROPRIATE.
MR. ECKHARDT. INSOFAR AS YOU KNOW, IF TWO PEOPLE DISAGREE AS TO WHAT
HAPPENED THERE, IT IS JUST THEIR WORDS AGAINST EACH OTHER. THERE WAS NO
TRANSCRIPT OF THE PROCEEDING BROUGHT TO YOUR ATTENTION WHEN YOU HAD SOME
DISAGREEMENT WITH RESPECT TO WHAT HAPPENED.
DR. PAIGEN. THAT IS CORRECT.
MR. ECKHARDT. DID YOU KNOW ANY OF THE PEOPLE AT THE MEETING WHEN YOU
ATTENDED?
DR. PAIGEN. YES, I DID.
MR. ECKHARDT. DO YOU MIND MENTIONING WHO WAS THERE?
DR. PAIGEN. THERE WERE SOME VERY GOOD SCIENTISTS THERE. THERE WAS
DR. ROBERT MILLER, WHO IS THE HEAD EPIDEMIOLOGIST OF THE INSTITUTES OF
ENVIRONMENTAL HEALTH SCIENCES.
I BELIEVE THERE WERE TWO PEOPLE FROM THE CENTER FROM DISEASE CONTROL.
THE NAME OF ANOTHER PERSON SLIPS MY MIND.
THIS WAS NOT THE FULL BLUE RIBBON COMMITTEE MEETING. IT WAS A
SMALLER GROUP.
MR. ECKHARDT. I SEE. AND YOU DO NOT KNOW ANYBODY ELSE ON THE FULL
BLUE RIBBON COMMITTEE, SO-CALLED?
TESTIMONY OF PAIGEN B
HAZARDOUS WASTE DISPOSAL
790321
PART 025 OF 27
PAIGEN B CANCER RESEARCH SCIENTIST
ROSWELL PARK MEMORIAL INSTITUTE NEW YORK STATE DEPARTMENT OF HEALTH
109406
HEARINGS
TRANSCRIPT
HOUSE
DR. PAIGEN. DR. AXELROD, IN ONE OF THE PHONE CONVERSATIONS THAT I
HAD WITH HIM, DID GIVE ME SOME ADDITIONAL NAMES, SOME OF WHOM I KNOW;
DR. ROY ALBERT, WHO IS ADVISER TO DOUG COSTLE; AND I BELIEVE DR. DAVID
RALL, WHO IS THE HEAD OF THE NATIONAL INSTITUTES OF ENVIRONMENTAL HEALTH
SCIENCES.
HOWEVER, UNDER THE CIRCUMSTANCES, WITH THOSE COMMITTEE MEMBERS HAVING
BEEN INSTRUCTED NOT TO DISCUSS IT OUTSIDE OF THAT ROOM, I STILL BELIEVE
THAT, EVEN THOUGH I KNOW THESE PEOPLE PROFESSIONALLY AND, AS A MATTER OF
FACT, HAVE TALKED TO THEM PRIVATELY ABOUT IT IT IS NOT AN ATMOSPHERE OF
OPENNESS. I DO NOT THINK GOVERNMENT SHOULD BE CONDUCTED IN SECRET, AND
SCIENCE DEFINITELY CANNOT BE CONDUCTED IN SECRET.
MR. ECKHARDT. WELL, I AM AT A LOSS AS TO WHETHER OR NOT THIS IS
ATTEMPTED TO BE A SCIENTIFIC SURVEY THAT WOULD REVIEW THE FINDINGS OF
PERSONS WHO ARE KNOWLEDGEABLE IN THE FIELD AND WHO MAY BE IN
DISAGREEMENT -- THAT IS, BY LOOKING AT SOME OF THE EVIDENCE AND
PROCURING ADDITIONAL EVIDENCE IF THERE DOES NOT SEEM TO BE SUFFICIENT
EVIDENCE -- OR WHETHER IT IS A KIND OF A PANEL OF JUDGES THAT ARE
JUDGING BETWEEN TWO OPINIONS WITHOUT ANY INDEPENDENT INVESTIGATION
THEMSELVES.
I GATHER FROM WHAT YOU SAY IT WOULD MORE RESEMBLE THE LATTER THAN THE
FORMER?
DR. PAIGEN. NO. AT THAT MEETING NOBODY EVEN KNEW THAT I HAD AN
INDEPENDENT OPINION. I WAS NOT GIVEN ANY CHANCE TO SAY SOME OF MY
DIFFICULTIES WITH THE STATE OF NEW YORK. THE STATED PURPOSE OF THE
MEETING WAS TO ADVISE THE STATE OF NEW YORK AS WHAT WAS GOING ON.
I HAVE SEVERAL SCIENTIFIC CRITICISMS OF SOME OF THE WAYS THE STATE OF
NEW YORK HAS DONE ITS STUDY. THEY MINIMIZED THE HEALTH EFFECTS BECAUSE
OF THE WAY THEY DESIGNED THE STUDY. IT WAS DESIGNED TO MINIMIZE THE
HEALTH EFFECTS.
THAT PANEL OF BLUE RIBBON EXPERTS, I AM TOLD BY MEMBERS, HAVE NEVER
BEEN GIVEN A PAPER LIKE I PRESENTED FOR YOU TODAY WITH HOW THE STUDY WAS
DESIGNED, WHAT QUESTIONS WERE ASKED, HOW THE DATA WAS COLLECTED, AND SO
FORTH. SO, THEY REALLY WERE NOT IN A POSITION TO REVIEW IT, TO SUBJECT
IT TO WHAT IS CALLED SCIENTIFIC PEER REVIEW.
THEY CERTIANLY DID NOT ACT AS JUDGES BETWEEN THE STATE'S POINT OF
VIEW AND MY POINT OF VIEW, SINCE I WAS NOT GIVEN ANY OPPORTUNITY TO
PRESENT MY POINT OF VIEW; NOR WERE THOSE EXPERTS EVEN TOLD THAT I HAD
AN INDEPENDENT POINT OF VIEW. IN FACT, THE EPIDEMIOLOGIST IN CHARGE GOT
UP AND PRESENTED AS A FORMAL PRESENTATION AT THE BEGINNING OF THAT
MEETING THE SWALE HYPOTHESIS AND THE FACT THAT MISCARRIAGES WERE
INCREASED AND THE FACT THAT BIRTH DEFECTS WERE INCREASED, AS IF THEY
WERE HIS OWN IDEAS AND HIS OWN STUDY, WITHOUT ANY REFERENCE TO THE ROLE
THAT I HAD PLAYED.
MR. ECKHARDT. ON THE QUESTION OF MISCARRIAGES, APPARENTLY THEY ARE
SAYING, PERHAPS GRUDGINGLY FROM THE PRESS RELEASE, THAT, AFTER ALL,
THERE IS SOME REASONABLE POSSIBILITY THAT THIS OCCURS, SO WE ARE GOING
TO REMOVE OR PERMIT PERSONS WHO ARE PREGNANT TO HAVE THE OPPORTUNITY TO
LEAVE THE AREA DURING THE PERIOD OF TIME OF THEIR PREGNANCY.
WHAT KIND OF PROCEDURAL MEANS IS USED TO ACCOMPLISH THIS END? DOES
SOMEONE MAKE AN APPLICATION FOR SOME TYPE OF STATE AID TO BE MOVED FROM
THAT AREA FOR A PERIOD OF TIME? OR IS IT MERELY SOMETHING THAT THEY
MUST INITIATE AND DO ON THEIR OWN?
TESTIMONY OF PAIGEN B
HAZARDOUS WASTE DISPOSAL
790321
PART 026 OF 27
PAIGEN B CANCER RESEARCH SCIENTIST
ROSWELL PARK MEMORIAL INSTITUTE NEW YORK STATE DEPARTMENT OF HEALTH
109407
HEARINGS
TRANSCRIPT
HOUSE
OR ARE THEY COMPELLED TO MOVE? WHAT IS THE MACHINERY INVOLVED IN
THIS PROCESS?
DR. PAIGEN. I WILL TRY TO ANSWER, BUT MY KNOWLEDGE IS NOT COMPLETE
ON THIS. BY APPROPRIATE PREGNANCY TESTS, THEN THERE IS SOME APPLICATION
PROCESS. I DO NOT KNOW HOW LONG THAT TAKES. THE WOMAN FINDS A PLACE TO
MOVE, AND THE STATE PAYS FOR THE MOVING EXPENSES AND GIVES THE FAMILY
RENT MONEY FOR THE PERIOD OF TIME OF THE PREGNANCY AND UNTIL THE CHILD
IS 2 YEARS OLD.
THAT IS MY UNDERSTANDING. PERHAPS SOME OF THE FUTURE WITNESSES CAN
CORRECT ME IF I AM WRONG.
A FAMILY DOES NOT HAVE TO MOVE. THIS IS A VOLUNTARY PROGRAM.
MR. LAFALCE. MR. CHAIRMAN, I THANK YOU FOR PERMITTING ME TO MAKE A
FEW COMMENTS, SINCE I AM NOT A MEMBER OF THE SUBCOMMITTEE.
I BELIEVE THAT CERTAIN CLARIFICATIONS ARE IN ORDER. I WOULD LIKE TO
MAKE THEM.
FIRST, IN THE STATE'S INITIAL ORDER IN AUGUST OF 1978, THEY NEVER DID
ACTUALLY ORDER ANYBODY OUT. THEY STRONGLY URGED THAT PREGNANT WOMEN AND
CHILDREN UNDER 2 IN THE LOVE CANAL AREA BE MOVED.
SECOND, THAT WAS ALSO THE NATURE OF THE SECOND ORDER IN FEBRUARY OF
1979. THE STATE STRONGLY EXHORTED THAT PREGNANT WOMEN AND CHILDREN
UNDER 2 MOVE.
IN NEITHER INSTANCE WAS IT SUGGESTED THAT IT BE PERMANENT.
MR. ECKHARDT. WILL GHE GENTLEMAN YIELD?
MR. LAFALCE. CERTAINLY.
MR. ECKHARDT. JUST SO WE DO NOT HAVE ANY CONFLICT HERE. I
UNDERSTAND THAT AS YOUR UNDERSTANDING, TOO, AS IT NOT, DOCTOR?
DR. PAIGEN. YES.
MR. ECKHARDT. I DO NOT THINK THERE IS ANY DISPUTE.
MR. LAFALCE. SECOND. DR. PAIGEN AND I HAVE MET COUNTLESS TIMES IN
MY OFFICE AND MY HOME. I HAVE THE MOST PROFOUND REGARD FOR HER AND HER
ABILITY. I ALSO HAVE THE MOST PROFOUND REGARD FOR THE NEW COMMISSIONER
OF HEALTH IN THE STATE OF NEW YORK. DR. AXELROD, WHO TOOK OFFICE, I
BELIEVE, IN JANUARY OF 1979.
THE STATE HEALTH DEPARTMENT, IN THEIR ORDER OF FEBRUARY 1979, DID
RECOMMEND THE REMOVAL OF PREGNANT WOMEN AND CHILDREN UNDER 2. DR.
PAIGEN AT THAT TIME CAME FORTH PUBLICLY, ALTHOUGH I SAID THAT THE
PROBLEM HAD BEEN UNDERSTATED AND THAT MORE PEOPLE SHOULD BE MOVED. I
IMMEDIATELY REQUESTED THAT THE FEDERAL GOVERNMENT STEP IN IN ORDER TO
RESOLVE THE DIFFICULTIES. I REQUESTED SECRETARY CALIFANO AND
ADMINISTRATOR COSTLE TO MEDIATE THE DIFFERENCES.
DR. DAVID RALL, WHO IS HEAD OF THE NATIONAL INSTITUTE OF
ENVIRONMENTAL HEALTH SCIENCES, WHO IS THE CHAIRMAN OF THE TOXICOLOGY
COORDINATING COMMITTEE WITHIN HEW, HAS BEEN APPOINTED TO ACCOMPLISH
PRECISELY THAT.
THERE HAVE BEEN PRELIMINARY DISCUSSIONS BETWEEN DR. RALL AND DR.
PAIGEN AND OTHERS. THE MEETING BETWEEN DR. PAIGEN AND DR. AXELROD AND
DR. RALL, IN AN ATTEMPT TO RECONCILE THE DIFFERENCES, SHOULD BE HELD
SHORTLY. THIS WILL BE THE FIRST TIME THAT AN ATTEMPT WILL BE MADE TO DO
THAT. ALSO, THIS IS THE FIRST TIME THAT WE HAVE HAD AN OPPORTUNITY TO
VIEW IN WRITING A PRESENTATION OF THE DIFFERENCES.
THANK YOU, MR. CHAIRMAN.
MR. ECKHARDT. THANK YOU VERY MUCH, DR. PAIGEN, FOR YOUR COMPLETE AND
COMPREHENSIVE TESTIMONY.
NEXT WE HAVE MR. WILLIAM C. HENNESSY, COMMISSIONER, STATE OF NEW YORK
DEPARTMENT OF TRANSPORTATION AND CHAIRMAN OF THE GOVERNOR'S TASK FORCE
ON LOVE CANAL; AND MR. ROBERT S. FLACKE, COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL CONSERVATION OF THE STATE OF NEW YORK.
I MUST SAY THE COMMISSIONERS HAVE A SCHEDULING PROBLEM ON THEIR
TRANSPORTATION. WE WILL ATTEMPT TO ACCOMMODATE THEM.
ARE THERE TO BE THREE OR JUST THE TWO OF YOU?
MR. HENNESSY. JUST THE TWO OF US. MR. CHAIRMAN.
MR. CHAIRMAN. LOIS M. GIBBS IS PRESIDENT OF THE ASSOCIATION. MR.
FLACKE AND I DID ASK TO GO NEXT BECAUSE OF OUR PLANE, BUT SHE, I
UNDERSTAND NOW, HAS JUST AS BIG A PROBLEM AS WE DO. JUST TO DO THE
GENTLEMANLY THING AND THE RIGHT THING. I THINK THAT SHE DESERVES TO BE
NEXT. I DO NOT WANT HER TO MISS HER PLANE BACK TO BUFFALO.
MR. ECKHARDT. MRS. GIBBS WILL YOU PLEASE COME FORWARD? AND NOTHING
BUT THE TRUTH, SO HELP YOU GOD?
MRS. GIBBS. I DO.
MR. ECKHARDT. YOU MAY PROCEED.
TESTIMONY OF GIBBS L M
HAZARDOUS WASTE DISPOSAL
TESTIMONY PRESENTED TO THE HOUSE SUBCOMMITTEE, 790321
EMERGENCY PLAN-LOVE CANAL, 780809
NEWS RELEASE, 781211
CORNELL UNIVERSITY ASSESSMENT, 780000
MISCARRIAGE AND LIVER FUNCTION DATA, 781025
RE: POZNIAK K, 780825
RE: POZNIAK K, 780822
RE: STARR J M, 780913
SUMMARY OF RECORDS BELONGING TO STARR J
SAMPLING PLAN CHEMICAL MIGRATION, LOVE CANAL, 780915
SOIL AND SUMPS SAMPLING PLAN FOR LOVE CANAL, 781004
SAMPLING PLAN TO DEFINE THE EXTENT OF CHEMICAL MIGRATION FROM THE LOVE CANAL
LOVE CANAL TASK FORCE INFORMATIONAL BULLETIN, 781013
PART 001 OF 54
GIBBS L M PRESIDENT
PHILIPSON W SENIOR RESEARCH ASSOCIATE
HAUGHIE
GILLICK W C
GRABIEC S V
RICHARD N B
MCMAHON W J
RAGUSA M J
RAMCHAND S
OUWENS R
COUNTERMAN P R
LOVE CANAL HOMEOWNERS ASSOCIATION
NEW YORK STATE HEALTH DEPARTMENT
CORNELL UNIVERSITY SCHOOL OF CIVIL AND ENVIRONMENTAL ENGINEERS REMOTE
SENSING PROGRAM ITHACA, NY
NEW YORK STATE DEPARTMENT OF HEALTH
NIAGARA OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES, P.C. 644 PARK
PLACE NIAGARA FALLS, NY 14301
NIAGARA PEDIATRIC ASSOCIATES, P.C. 706 NINTH STREET NIAGARA FALLS,
NY 14301
1077 DELAWARE ROAD KENMORE, NY 11223
513 3RD ST NIAGARA FALLS, NY 14301
151 BUFFALO AVE
1600 UNITED OFFICE BUILDING NIAGARA FALLS, NY 14303
709 9TH STREET, CARSON BUILDING NIAGARA FALLS, NY 14301
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NEW YORK STATE DEPARTMENT OF TRANSPORTATION
109409
HEARINGS
HOUSE
TRANSCRIPT
ARTICLE CLIPPING
REPORT STUDY
CORRESPONDENCE
MRS. GIBBS. MR. CHAIRMAN, THANK YOU FOR INVITING ME HERE TODAY.
I WROTE A SUMMARY. I WILL GIVE A SUMMARY OF MY WRITTEN TEXT BECAUSE
THAT IS QUITE LENGTHY. I HAVE EXHIBITS IN THE WRITTEN TEXT, WHICH I DO
NOT HAVE IN THIS ONE.
MY NAME IS LOIS GIBBS. I AM PRESIDENT OF THE LOVE CANAL HOMEOWNERS
ASSOCIATION. THE LOVE CANAL HOMEOWNERS ASSOCIATION IS A CITIZENS GROUP
CONSISTING OF OVER 1,000 FAMILIES REPRESENTING MORE THAN 90 PERCENT OF
THE RESIDENTS IN THE AREA.
THE ASSOCIATION WAS FORMED TO DEAL WITH THE PROBLEMS OF LIVING NEAR
THE LOVE CANAL DUMP SITE AND TO VOICE THE OPINION OF RESIDENTS ON THE
DECISIONS MADE BY STATE AUTHORITIES WHICH WOULD AFFECT OUR LIVES.
UPON LEARNING OF THE SITUATION IN LOVE CANAL, THE STATE MOVED VERY
QUICKLY TO BEGIN HEALTH AND ENVIRONMENTAL STUDIES. THEY ALSO PUT INTO
EFFECT A REMEDIAL CONSTRUCTION PLAN WHICH WOULD ATTEMPT TO REDUCE THE
CHEMICAL MIGRATION FROM THE CANAL.
ALTHOUGH THERE ARE MANY PROBLEMS WHICH I COULD DISCUSS, I WILL LIMIT
MY TESTIMONY TO THE EXPERIENCES I HAVE HAD DEALING WITH THE DIFFERENT
STATE AGENCIES INVOLVED AT THE LOVE CANAL. FIRST PROVIDE SPECIFIC
EXAMPLES DEMONSTRATING THE RESPONSIVENESS OF THE STATE. FINALLY, I WILL
MAKE SEVERAL RECOMMENDATIONS AND SUGGESTIONS WHICH MAY HELP OTHERS WHO
FIND THEMSELVES IN A SIMILAR CIRCUMSTANCE.
THE FIRST GENERAL PROBLEM I WOULD LIKE TO TALK ABOUT IS THE PROBLEM
OF BEING A PRECEDENT. PROBABLY THE MOST DIFFICULT OBSTACLE TO RELIEVING
THE PROBLEMS OF LOVE CANAL HAS BEEN "BEING THE FIRST."
TESTIMONY OF GIBBS L M
HAZARDOUS WASTE DISPOSAL
TESTIMONY PRESENTED TO THE HOUSE SUBCOMMITTEE, 790321
EMERGENCY PLAN-LOVE CANAL, 780809
NEWS RELEASE, 781211
CORNELL UNIVERSITY ASSESSMENT, 780000
MISCARRIAGE AND LIVER FUNCTION DATA, 781025
RE: POZNIAK K, 780825
RE: POZNIAK K, 780822
RE: STARR J M, 780913
SUMMARY OF RECORDS BELONGING TO STARR J
SAMPLING PLAN CHEMICAL MIGRATION, LOVE CANAL, 780915
SOIL AND SUMPS SAMPLING PLAN FOR LOVE CANAL, 781004
SAMPLING PLAN TO DEFINE THE EXTENT OF CHEMICAL MIGRATION FROM THE LOVE CANAL
LOVE CANAL TASK FORCE INFORMATIONAL BULLETIN, 781013
PART 002 OF 54
GIBBS L M PRESIDENT
PHILIPSON W SENIOR RESEARCH ASSOCIATE
HAUGHIE
GILLICK W C
GRABIEC S V
RICHARD N B
MCMAHON W J
RAGUSA M J
RAMCHAND S
OUWENS R
COUNTERMAN P R
LOVE CANAL HOMEOWNERS ASSOCIATION
NEW YORK STATE HEALTH DEPARTMENT
CORNELL UNIVERSITY SCHOOL OF CIVIL AND ENVIRONMENTAL ENGINEERS REMOTE
SENSING PROGRAM ITHACA, NY
NEW YORK STATE DEPARTMENT OF HEALTH
NIAGARA OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES, P.C. 644 PARK
PLACE NIAGARA FALLS, NY 14301
NIAGARA PEDIATRIC ASSOCIATES, P.C. 706 NINTH STREET NIAGARA FALLS,
NY 14301
1077 DELAWARE ROAD KENMORE, NY 11223
513 3RD ST NIAGARA FALLS, NY 14301
151 BUFFALO AVE
1600 UNITED OFFICE BUILDING NIAGARA FALLS, NY 14303
709 9TH STREET, CARSON BUILDING NIAGARA FALLS, NY 14301
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NEW YORK STATE DEPARTMENT OF TRANSPORTATION
109410
HEARINGS
HOUSE
TRANSCRIPT
ARTICLE CLIPPING
REPORT STUDY
CORRESPONDENCE
NEITHER THE STATE NOR THE FEDERAL AGENCIES WHO COULD HELP WERE
RESPONSIBLE FOR THE SITUATION. AND NEITHER WANTED TO TAKE FINANCIAL
RESPONSIBILITY FOR CLEANING IT UP.
ARGUING BETWEEN STATE AND FEDERAL AUTHORITIES OVER WHO SHOULD PAY FOR
WHAT EXPENSES HAS CONTINUED SINCE THE FIRST DISCOVERY OF CONTAMINATION.
IN FACT, THE REMEDIAL WORK FOR THE MIDDLE SECTION OF THE CANAL, WHICH
WAS SUPPOSED TO START IN MID-MARCH, HAS JUST BEEN POSTPONED UNTIL
MIDSUMMER. THE REASONS THAT ARE GIVEN ARE THAT THE CONSTRUCTION
CONTRACT IS GOING FROM EMERGENCY STATUS TO AN OPEN-BIDDING PROCESS AND
THAT THE ENVIRONMENTAL PROTECTION AGENCY, WHO IS PARTIALLY FUNDING THE
WORK, REFUSES TO REVIEW THE CONSTRUCTION PLANS UNTIL THEY KNOW WHO IS
PAYING FOR WHAT PORTION.
THIS IS ESPECIALLY ALARMING SINCE ON FRIDAY, MARCH 9, THICK, BLACK,
OILY LEACHATE WAS FOUND RUNNING OFF THE NORTH SECTION OF THE CANAL INTO
THE STREET AND INTO OUR STORM SEWERS. REMEDIAL WORK ON THIS SECTION OF
THE CANAL, WHICH HAS NOT BEGUN AT ALL, MUST WAIT UNTIL THE DECISIONS OF
BUREAUCRATS WHILE RESIDENTS REMAIN IN A CONTAMINATED AREA WHICH IS NOT
BEING REMEDIED.
ANOTHER PROBLEM IS THE LACK OF OBJECTIVITY OF THE SCIENTIFIC STUDIES
UNDER WAY.
THE STATE IS CONDUCTING MAJOR STUDIES TO DEFINE THE HEALTH PROBLEMS
AND THE CHEMICAL CONTAMINATION IN THE AREA. THE OUTCOME OF THESE
STUDIES WILL BE THE BASIS OF ANY DECISION TO RELOCATE FAMILIES BECAUSE
OF CHEMICAL CONTAMINATION RESULTING IN HEALTH EFFECTS. TWICE IS WAS
NECESSARY TO RELOCATE PEOPLE LIVING IN DIFFERENT AREAS AROUND THE CANAL.
IN EACH INSTANCE, RELOCATE THESE FAMILIES.
HOWEVER, MANY PEOPLE WITH HEALTH PROBLEMS REMAIN, AND MANY QUESTIONS
ABOUT THE EXTENT OF CONTAMINATION STILL REMAIN TO BE RESOLVED.
MEANWHILE, THE STATE IS CONTINUING A SCIENTIFIC STUDY, THE RESULTS OF
WHICH MAY END UP COSTING THE STATE MANY MILLIONS OF DOLLARS IF THE DATA
INDICATES FURTHER CONTAMINATION.
THEREFORE, THE HEALTH DEPARTMENT, IN AN OBVIOUS CONFLICT OF INTEREST,
MUST MAKE RECOMMENDATIONS TO THE POLITICIANS WHO WILL DECIDE WHAT MUST
BE DONE. I WANT TO STREE THAT OBJECTIVITY FOR GOOD SCIENCE WOULD BE
NEAR IMPOSSIBLE IN THESE CIRCUMSTANCES.
THE THIRD PROBLEM IS THE LACK OF A SINGLE SCIENTIFIC DIRECTOR IN
CHARGE OF COORDINATING AND ORGANIZING THE DIFFERENT STUDIES. BECAUSE OF
THE NATURE OF THE PROBLEM AT LOVE CANAL, IT WAS NECESSARY TO BRING
TOGETHER DIFFERENT PROFESSIONALS TO DETERMINE HOW BEST TO SOLVE THE
PROBLEMS. APPROPRIATE STATE PROFESSINALS WERE PUT IN CHARGE OF
INDIVIDUAL STUDIES. HOWEVER, A SCIENTIFIC DIRECTOR WAS NOT SELECTED TO
OVERSEE THE ENTIRE PROGRAM. SUCH A DIRECTOR WOULD INSURE THAT SIMILAR
GOALS WERE FOLLOWED AND THAT EACH STUDY GROUP RECEIVED THE ADVANTAGE OF
THE EFFORTS OF THE OTHER GROUPS.
A POLITICAL APPOINTEE IS PRESENTLY IN CHARGE. THIS IS NOT SURPRISING
SINCE THE STATE SELECTED PEOPLE FROM WITHIN THIER DIFFERENT DEPARTMENTS.
THIS HAS CREATED A GREAT MANY UNCERTAINTIES AS TO WHO IS IN CHARGE OF
WHAT STUDIES, WHO IS DOING WHAT WORK, AND WHO IS RESPONSIBLE FOR
PLANNING AND FOLLOWUP.
THIS HAS MADE OUR COMMUNICATIONS WITH THE STATE ESPECIALLY DIFFICULT
THE MAJOR PROBLEM THAT RESULTED WAS THAT NO COORDINATED PLAN OF ACTION
WHICH COULD SYSTEMATICALLY DEFINE THE PROBLEMS AND THEN SELECT THE BEST
AVAILABLE SOLUTIONS WAS ESTABLISHED.
TESTIMONY OF GIBBS L M
HAZARDOUS WASTE DISPOSAL
TESTIMONY PRESENTED TO THE HOUSE SUBCOMMITTEE, 790321
EMERGENCY PLAN-LOVE CANAL, 780809
NEWS RELEASE, 781211
CORNELL UNIVERSITY ASSESSMENT, 780000
MISCARRIAGE AND LIVER FUNCTION DATA, 781025
RE: POZNIAK K, 780825
RE: POZNIAK K, 780822
RE: STARR J M, 780913
SUMMARY OF RECORDS BELONGING TO STARR J
SAMPLING PLAN CHEMICAL MIGRATION, LOVE CANAL, 780915
SOIL AND SUMPS SAMPLING PLAN FOR LOVE CANAL, 781004
SAMPLING PLAN TO DEFINE THE EXTENT OF CHEMICAL MIGRATION FROM THE LOVE CANAL
LOVE CANAL TASK FORCE INFORMATIONAL BULLETIN, 781013
PART 003 OF 54
GIBBS L M PRESIDENT
PHILIPSON W SENIOR RESEARCH ASSOCIATE
HAUGHIE
GILLICK W C
GRABIEC S V
RICHARD N B
MCMAHON W J
RAGUSA M J
RAMCHAND S
OUWENS R
COUNTERMAN P R
LOVE CANAL HOMEOWNERS ASSOCIATION
NEW YORK STATE HEALTH DEPARTMENT
CORNELL UNIVERSITY SCHOOL OF CIVIL AND ENVIRONMENTAL ENGINEERS REMOTE
SENSING PROGRAM ITHACA, NY
NEW YORK STATE DEPARTMENT OF HEALTH
NIAGARA OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES, P.C. 644 PARK
PLACE NIAGARA FALLS, NY 14301
NIAGARA PEDIATRIC ASSOCIATES, P.C. 706 NINTH STREET NIAGARA FALLS,
NY 14301
1077 DELAWARE ROAD KENMORE, NY 11223
513 3RD ST NIAGARA FALLS, NY 14301
151 BUFFALO AVE
1600 UNITED OFFICE BUILDING NIAGARA FALLS, NY 14303
709 9TH STREET, CARSON BUILDING NIAGARA FALLS, NY 14301
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NEW YORK STATE DEPARTMENT OF TRANSPORTATION
109411
HEARINGS
HOUSE
TRANSCRIPT
ARTICLE CLIPPING
REPORT STUDY
CORRESPONDENCE
I CERTAINLY UNDERSTAND THE CONSTRAINTS OF URGENCY THE AUTHORITIES
WERE UNDER, BUT THIS OFFERS US LITTLE COMFORT.
THE FOURTH PROBLEM IS THE LACK OF RESOURCES THAT THE STATE AND LOCAL
AUTHORITIES HAVE AT THEIR DISPOSAL FOR HANDLING THE EMERGENCY SITUATION.
AND STILL ARE SIMPLY NOT SUFFICIENT TO PROTECT THE PUBLIC HEALTH AND
WELFARE OF THE RESIDENTS DURING SUCH AN EMERGENCY SITUATION. IN FACT,
THE ABILITY OF THE GOVERNMENT BODY TO REACT TO PUBLIC NEEDS IS LIMITED
BY BOTH LAWS DEFINING ITS RESPONSIBILITIES AND APPROPRIATIONS LIMITING
ITS ABILITY TO FUNCTION. FOR EXAMPLE, IT WAS NECESSARY FOR SPECIAL
LEGISLATION TO GIVE THE COMMISSIONER OF HEALTH AUTHORITY AND FINANCING
TO INVESTIGATE PROBLEMS AND TO DETERMINE ACTIONS TO SOLVE THEM.
THERE WAS PROVIDED $500,000, BUT IT HAS BEEN, ESTIMATED THAT COSTS
WILL BE AT LEAST $22 MILLION.
THE FIFTH PROBLEM IS INSENSITIVITY OF THE STATE AUTHORITIES.
IN A SITUATION WHERE PEOPLE ARE EXPOSED TO A THREAT, THE MAGNITUDE OF
WHICH NO ONE UNDERSTANDS, THERE ARE GOING TO BE MANY ANXIOUS MOMENTS.
THE RESIDENTS HAVE BEEN VERY SCARED AND EMOTIONAL. FOR EXAMPLE, PRIOR
TO STARTING THE REMEDIAL CONSTRUCTION WORK ON THE SOUTH END OF THE
CANAL, I RECEIVED A DRAFT SAFETY PLAN FOR THE CONSTRUCTION. ALTHOUGH IT
INCLUDED PRECAUTIONS FOR THE WORKERS, NO CONSIDERATIONS WERE PROVIDED TO
PROTECT RESIDENTS FROM POSSIBLE DANGERS AS A RESULT OF THE CONSTRUCTION.
EVENUTALLY, A TOTAL SAFETY PLAN WAS PREPARED AND PRESENTED TO THE
RESIDENTS. HOWEVER, THE CONFIDENCE IN THIS PLAN WAS GREATLY SHAKEN BY A
STATEMENT MADE BY A STATE SPOKESMAN WHO, WHEN ASKED WHAT HE WOULD DO IF
TOXIC VAPORS WERE RELEASED THROUGH THE NEIGHBORHOOD, REPLIED, "I
WOULDN'T WAIT FOR THE BUS; I'D RUN LIKE HELL."
ANOTHER PROBLEM WAS THE FLOW OF INFORMATION TO THE RESIDENTS. A LOT
OF DATA AND INFORMATION WAS GIVEN TO RESIDENTS WITHOUT ANY EXPLANATION
OF WHAT THAT DATA MEANT. AIR VALUES OF CHEMICALS FOUND IN EACH HOME
WERE GIVEN TO THE RESIDENT WITHOUT ANY INTERPRETATION. A NEED TO
UNDERSTAND THE SIGNIFICANCE OF THESE VALUES WAS A MAJOR CONCERN OF THE
PEOPLE.
MANY RESIDENTS WERE ASKED TO GO FOR REPEATED TESTS WITHOUT ANY
EXPLANATION OF WHY. WITH SO MANY PEOPLE AFRAID THAT THEIR HEALTH WAS AT
RISK, IT WOULD HAVE GREATLY ALLEVIATED THE FEAR OF THE UNKNOWN TO HAVE
SOMEONE ACCESSIBLE TO THE RESIDENTS WHO COULD
THERE WERE ALSO MANY INSTANCES WHERE NEITHER THE RESIDENTS NOR OUR
REPRESENTATIVES WERE INVITED TO MEETINGS HELD BY STATE OFFICIALS DURING
WHICH THE DECISIONS THAT WERE AFFECTING THE FUTURE OF THE RESIDENTS WERE
BEING DECIDED. WE WERE OFTEN TOLD THAT WE WERE NOT PROFESSIONALS AND
THAT WE WOUDL DISRUPT THE ABILITY OF PEOPLE TO SPEAK FREELY. THESE
CLOSED-DOOR MEETINGS FOSTERED MISTRUST, CONFUSION AND GOSSIP ABOUT THE
HEALTH DEPARTMENT'S CONCERN FOR THE RESIDENTS.
I WOULD NOW LIKE TO PROVIDE SEVERAL EXAMPLES IN DETAIL WHICH
DEMONSTRATE THE NATURE OF THE PROBLEMS I JUST DESCRIBED.
THE FIRST IS THE SWALE THEORY.
TESTIMONY OF GIBBS L M
HAZARDOUS WASTE DISPOSAL
TESTIMONY PRESENTED TO THE HOUSE SUBCOMMITTEE, 790321
EMERGENCY PLAN-LOVE CANAL, 780809
NEWS RELEASE, 781211
CORNELL UNIVERSITY ASSESSMENT, 780000
MISCARRIAGE AND LIVER FUNCTION DATA, 781025
RE: POZNIAK K, 780825
RE: POZNIAK K, 780822
RE: STARR J M, 780913
SUMMARY OF RECORDS BELONGING TO STARR J
SAMPLING PLAN CHEMICAL MIGRATION, LOVE CANAL, 780915
SOIL AND SUMPS SAMPLING PLAN FOR LOVE CANAL, 781004
SAMPLING PLAN TO DEFINE THE EXTENT OF CHEMICAL MIGRATION FROM THE LOVE CANAL
LOVE CANAL TASK FORCE INFORMATIONAL BULLETIN, 781013
PART 004 OF 54
GIBBS L M PRESIDENT
PHILIPSON W SENIOR RESEARCH ASSOCIATE
HAUGHIE
GILLICK W C
GRABIEC S V
RICHARD N B
MCMAHON W J
RAGUSA M J
RAMCHAND S
OUWENS R
COUNTERMAN P R
LOVE CANAL HOMEOWNERS ASSOCIATION
NEW YORK STATE HEALTH DEPARTMENT
CORNELL UNIVERSITY SCHOOL OF CIVIL AND ENVIRONMENTAL ENGINEERS REMOTE
SENSING PROGRAM ITHACA, NY
NEW YORK STATE DEPARTMENT OF HEALTH
NIAGARA OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES, P.C. 644 PARK
PLACE NIAGARA FALLS, NY 14301
NIAGARA PEDIATRIC ASSOCIATES, P.C. 706 NINTH STREET NIAGARA FALLS,
NY 14301
1077 DELAWARE ROAD KENMORE, NY 11223
513 3RD ST NIAGARA FALLS, NY 14301
151 BUFFALO AVE
1600 UNITED OFFICE BUILDING NIAGARA FALLS, NY 14303
709 9TH STREET, CARSON BUILDING NIAGARA FALLS, NY 14301
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NEW YORK STATE DEPARTMENT OF TRANSPORTATION
109412
HEARINGS
HOUSE
TRANSCRIPT
ARTICLE CLIPPING
REPORT STUDY
CORRESPONDENCE
UPON DESCRIBING THE NATURE OF THE CONTAMINATION IN THE AREA, STATE
OFFICIALS CONCERNED THEMSELVES MOSTLY WITH LATERAL MIGRATION DIRECTLY
INTO HOMES ADJACENT TO THE CANAL. THIS WAS PERFECTLY APPROPRIATE AS A
FIRST MEASURE. HOWEVER, AFTER REVIEWING OLD PHOTOGRAPHS AND CONSULTING
MATERIALS MADE AVAILABLE BY THE STATE, IT BECAME APPARENT THAT THE
NATURE OF THE CONTAMINATION MIGHT BE GREATLY INFLUENCED BY THE PRESENCE
OF OLD STREAMBEDS OR SWALES WHICH EXISTED DURING THE PERIOD WHEN THE
CANAL WAS STILL FILLED WITH WATER.
THE LOVE CANAL HOME OWNERS ASSOCIATION, WITH THE THANKFUL AID OF
VARIOUS PROFESSIONAL CONSULTANTS, DECIDED TO FURTHER INVESTIGATE THE
POSSIBLE ROUTE OF THE CONTAMINANT FLOW. BRIEFLY, WHAT WE FOUND WAS
POSITIVE CORRELATION BETWEEN VARIOUS ADVERSE HEALTH EFFECTS AND
STREAMBED POSITIONS. ALTHOUGH WE INFORMED THE STATE PERSONNEL OF OUR
FINDINGS AS EARLY AS SEPTEMBER, IT WAS NOT UNTIL DECEMBER 20 THAT THE
STATE WOULD ADMIT THE STREAMBEDS MAY INDEED REPRESENT AN AVENUE FOR ITS
ESCAPE. IT WAS NOT UNTIL FEBRUARY 6 THAT THE STATE ACKNOWLEDGED OUR
FINDINGS OF UNUSUAL HEALTH EFFECTS ALONG THE STREAMBEDS.
THE POINT I AM TRYING TO MAKE IS THAT IT WAS THE HOMEOWNERS, WITH
LIMITED RESOURCES AND PEOPLE, NOT THE HEALTH DEPARTMENT, WHO INITIATED
THESE EFFORTS TO FURTHER DEFINE THE EXTENT OF THE HEALTH EFFECTS AND
CHEMICAL CONTAMINATION RESULTING FROM LOVE CANAL. THE MISCARRIAGE DATA
WAS SIMILARLY HANDLED BY THE STATE. SINCE MANY OF THE CHEMICALS
IDENTIFIED IN THE CANAL ARE VERY TOXIC TO THE VERY YOUNG, MISCARRIAGES,
BIRTH DEFECTS, AND CRIB DEATHS WERE ONE OF THE FIRST INDICATORS TO BE
LOOKED AT. THE STATE REVIEWED THE DATA FROM THEIR HEALTH SURVEYS FOR A
HOME IMMEDIATELY ADJACENT TO THE CANAL TO DETERMINE THAT THE MISCARRIAGE
RATE WAS HIGH ENOUGH TO WARRANT RELOCATING THE FAMILIES IN THESE HOMES.
AFTER THEY SURVEYED THE HOMES AWAY FROM THE CANAL, THEY ANNOUNCED
THATTHERE WAS "NO EVIDENCE TO DATE INDICATING THAT MISCARRIAGE RATES
AMONG WOMEN IN THE REPRODUCTIVE AGE GROUP WHO LIVE BETWEEN 93D AND 103D
STREETS EXCEED EXPECTED LEVELS."
ON DECEMBER 20, LOVE CANAL HOMEOWNERS ASSOCIATION AND CONSULTANTS
SUBMITTED DATA TO THE HEALTH DEPARTMENT WHICH INDICATED A HIGHER THAN
EXPECTED MISCARRIAGE RATE AMONG RESIDENTS LIVING IN WET AREAS. AGAIN,
IT WAS NOT UNTIL FEBRUARY 8, 1979, THAT THE STATE ACKNOWLEDGED THE
UNUSUALLY HIGH MISCARRIAGE RATE OCCURING IN FORMER WET AREAS.
FROM THE INITIAL DECISION TO RELOCATE FAMILIES IN EARLY AUGUST UNTIL
EARLY FEBRYARY, THE STATE CONTINUOUSLY DENIED ANY EVIDENCE OF HEALTH
PROBLEMS EXISTED OUTSIDE THE FIRST TWO ROWS OF HOUSES. AGAIN, IT WAS
THE HOMEOWNERS WITH OUR LIMITED RESOURCES AND PERSONNEL WHO INITIATED
THESE EFFORTS TO DEFINE THE EXTENT OF THE HEALTH EFFECTS IN THE AREA.
WITH OUR CONSULTANTS WE ANALYZED THE DATA AND POINTED OUT APPARENT
PATTERNS OF DISEASE TO THE HEALTH DEPARTMENT.
I TURN NOW TO LACK OF SAMPLING PLANS.
AS DESCRIBED EARLIER, NO ORGANIZED PLAN OF ACTION WAS APPARENT. WHO
WAS IN CHARGE, HOW PLANS WERE TO BE CARRIED OUT, AND WHAT THE
JUSTIFICATION WAS WAS NOT CLEAR TO US.
TESTIMONY OF GIBBS L M
HAZARDOUS WASTE DISPOSAL
TESTIMONY PRESENTED TO THE HOUSE SUBCOMMITTEE, 790321
EMERGENCY PLAN-LOVE CANAL, 780809
NEWS RELEASE, 781211
CORNELL UNIVERSITY ASSESSMENT, 780000
MISCARRIAGE AND LIVER FUNCTION DATA, 781025
RE: POZNIAK K, 780825
RE: POZNIAK K, 780822
RE: STARR J M, 780913
SUMMARY OF RECORDS BELONGING TO STARR J
SAMPLING PLAN CHEMICAL MIGRATION, LOVE CANAL, 780915
SOIL AND SUMPS SAMPLING PLAN FOR LOVE CANAL, 781004
SAMPLING PLAN TO DEFINE THE EXTENT OF CHEMICAL MIGRATION FROM THE LOVE CANAL
LOVE CANAL TASK FORCE INFORMATIONAL BULLETIN, 781013
PART 005 OF 54
GIBBS L M PRESIDENT
PHILIPSON W SENIOR RESEARCH ASSOCIATE
HAUGHIE
GILLICK W C
GRABIEC S V
RICHARD N B
MCMAHON W J
RAGUSA M J
RAMCHAND S
OUWENS R
COUNTERMAN P R
LOVE CANAL HOMEOWNERS ASSOCIATION
NEW YORK STATE HEALTH DEPARTMENT
CORNELL UNIVERSITY SCHOOL OF CIVIL AND ENVIRONMENTAL ENGINEERS REMOTE
SENSING PROGRAM ITHACA, NY
NEW YORK STATE DEPARTMENT OF HEALTH
NIAGARA OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES, P.C. 644 PARK
PLACE NIAGARA FALLS, NY 14301
NIAGARA PEDIATRIC ASSOCIATES, P.C. 706 NINTH STREET NIAGARA FALLS,
NY 14301
1077 DELAWARE ROAD KENMORE, NY 11223
513 3RD ST NIAGARA FALLS, NY 14301
151 BUFFALO AVE
1600 UNITED OFFICE BUILDING NIAGARA FALLS, NY 14303
709 9TH STREET, CARSON BUILDING NIAGARA FALLS, NY 14301
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NEW YORK STATE DEPARTMENT OF TRANSPORTATION
109413
HEARINGS
HOUSE
TRANSCRIPT
ARTICLE CLIPPING
REPORT STUDY
CORRESPONDENCE
FOR EXAMPLE, THE SOIL SAMPLING PLAN TO DEFINE THE EXTENT OF MIGRATION
OF CHEMICALS WAS NOT DEFINED UNTIL JUST RECENTLY.
A MEMORANDUM DATED SEPTEMBER 25, 1978, DESCRIBED THE SOIL SAMPLING
PLAN TO DETERMINE THE EXTENT OF MIGRATION. NO ONE AUTHORS THIS MEMO AND
NO USEFUL PLAN IS SUGGESTED. ON OCTOBER
IN NEITHER MEMO IS THERE ANY DESCRIPTION OF WHERE TO SAMPLE OR HOW
MANY SAMPLES SHOULD BE TAKEN, YET 138 SAMPLES HAVE BEEN TAKEN SO FAR.
RECENTLY, HOWEVER, A SYSTEMATIC SAMPLING OF ALL THE HOUSES IN WHICH AIR
SAMPLES HAVE BEEN TAKEN IS BEING CONDUCTED.
ANOTHER EXAMPLE IS THE SAMPLING OF THE AIR FOR CHEMICALS. BECAUSE OF
THE DEMAND, AIR SAMPLES WERE AT FIRST TAKEN ONLY UPON REQUEST. LATER
LOCATIONS FOR AIR SAMPLES WERE RECOMMENDED BASED ON HEALTH EFFECTS.
THE DISTRIBUTION OF THE HEALTH QUESTIONNAIRE AND BLOD SAMPLING WAS A
SOMEWHAT DIFFERENT SITUATION. FOR THE FIRST TWO RINGS OF HOUSES, TWO
PEOPLE WENT DOOR TO DOOR HANDING OUT THE QUESTIONNAIRE, ANSWERING ANY
QUESTIONS RESIDENTS MIGHT HAVE. THEY ALSO TOOK BLOOD SAMPLES.
HOWEVER, WHEN IT BECAME NECESSARY TO GIVE OUT FURTHER QUESTIONNARIS
AND TAKE ADDITIONAL BLOOD SAMPLES FROM OTHER AREA RESIDENTS, THE
SITUATION CHANGED. A GENERAL PUBLIC ANNOUNCEMENT WAS MADE TO COME TO
THE 99TH STREET SCHOOL TO HAVE A BLOOD SAMPLE TAKEN.
HUNDREDS OF PEOPLE SHOWED UP AT THE SAME TIME. THE FOUR TECHNICIANS
WHO WERE PRESENT WERE TOTALLY OVERWHELMED BY THE SITUATION. NO EFFORT
WAS MADE TO SEPARATE THE PEOPLE WAITING TO HAVE THEIR BLOOD DRAWN FROM
THOSE HAVING IT DONE. SCREAMING CHILDREN, COUPLED WITH HIGH SUMMER
TEMPERATURES AND OVERCROWDING CONDITIONS, RESULTED IN AN UNNECESSARY
UNBEARABLE SITUATION.
TO MAKE MATTERS WORSE, AS PEOPLE LEFT THEY WERE GIVEN A HEALTH
QUESTIONNAIRE AND ASKED TO FILL IT OUT. FEW PEOPLE CARED AT ALL ABOUT
THIS QUESTIONNAIRE.
A LITTLE PLANNING AND ORGANIZATION COULD HAVE AVOIDED THIS SITUATION
AND PROVIDED BETTER RESPONSE TO THE QUESTIONNAIRE WHICH MANY PEOPLE JUST
DID NOT TAKE THE TIME TO PROPERLY FILL OUT.
ALL OF THESE EXAMPLES DESCRIBE, IN PART, THE DIFFICULTIES I HAVE
EXPERIENCED. I HAVE TRIED TO LIMIT MY COMMENTS BECAUSE THE STORIES
COULD GO ON FOREVER, AS EVEN TODAY IS PART OF STILL ANOTHER SOTRY. AND
RECOMMENDATIONS.
FIRST OF ALL, IT IS APPARENT THAT A MEANS FOR RESPONDING TO
ENVIRONMENTAL INCIDENTS SUCH AS LOVE CANAL MUST BE PROVIDED BY THE
FEDERAL GOVERNMENT. A GROUP ANALAGOUS TO THE INFECTIOUS DISEASE
RESPONSE UNIT OF THE CENTER FOR DISEASE CONTROL SHOULD BE SET UP TO
RESPOND TO ENVIRONMENTAL EMERGENCIES THAT REQUIRE IMMEDIATE ACTION AND
SPECIAL EXPERTISE.
SPECIALISTS IN THE EFFECTS OF CHEMICALS ON SKIN DISEASE, KIDNEY
DISORDERS, URINARY INFECTIONS, AND SO ON COULD BE ALERTED AND CALLED IN
AS NEEDED. THIS DID NOT HAPPEN AT LOVE CANAL. WE ARE THE FIRST, BUT WE
ARE NOT LIKELY TO BE THE LAST. SOMETHING MUST BE DONE.
TESTIMONY OF GIBBS L M
HAZARDOUS WASTE DISPOSAL
TESTIMONY PRESENTED TO THE HOUSE SUBCOMMITTEE, 790321
EMERGENCY PLAN-LOVE CANAL, 780809
NEWS RELEASE, 781211
CORNELL UNIVERSITY ASSESSMENT, 780000
MISCARRIAGE AND LIVER FUNCTION DATA, 781025
RE: POZNIAK K, 780825
RE: POZNIAK K, 780822
RE: STARR J M, 780913
SUMMARY OF RECORDS BELONGING TO STARR J
SAMPLING PLAN CHEMICAL MIGRATION, LOVE CANAL, 780915
SOIL AND SUMPS SAMPLING PLAN FOR LOVE CANAL, 781004
SAMPLING PLAN TO DEFINE THE EXTENT OF CHEMICAL MIGRATION FROM THE LOVE CANAL
LOVE CANAL TASK FORCE INFORMATIONAL BULLETIN, 781013
PART 006 OF 54
GIBBS L M PRESIDENT
PHILIPSON W SENIOR RESEARCH ASSOCIATE
HAUGHIE
GILLICK W C
GRABIEC S V
RICHARD N B
MCMAHON W J
RAGUSA M J
RAMCHAND S
OUWENS R
COUNTERMAN P R
LOVE CANAL HOMEOWNERS ASSOCIATION
NEW YORK STATE HEALTH DEPARTMENT
CORNELL UNIVERSITY SCHOOL OF CIVIL AND ENVIRONMENTAL ENGINEERS REMOTE
SENSING PROGRAM ITHACA, NY
NEW YORK STATE DEPARTMENT OF HEALTH
NIAGARA OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES, P.C. 644 PARK
PLACE NIAGARA FALLS, NY 14301
NIAGARA PEDIATRIC ASSOCIATES, P.C. 706 NINTH STREET NIAGARA FALLS,
NY 14301
1077 DELAWARE ROAD KENMORE, NY 11223
513 3RD ST NIAGARA FALLS, NY 14301
151 BUFFALO AVE
1600 UNITED OFFICE BUILDING NIAGARA FALLS, NY 14303
709 9TH STREET, CARSON BUILDING NIAGARA FALLS, NY 14301
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NEW YORK STATE DEPARTMENT OF TRANSPORTATION
109414
HEARINGS
HOUSE
TRANSCRIPT
ARTICLE CLIPPING
REPORT STUDY
CORRESPONDENCE
SUCH AN AGENCY WOULD PROVIDE AN AGENCY RESPONSIBLE TO PICK UP THE
COSTS OF THE STUDIES NEEDED AND POSSIBLY FOR THE REMEDIAL CONSTRUCTION.
IT WOULD ALSO PROVIDE A MECHANISM FOR INSURING THAT A STATE AGENCY WITH
LIMITED RESOURCES WOULD NOT BE FACED WITH THE DIFFICULT TASK OF
RESPONDING TO SUCH AN EMERGENCY.
IT WOULD ALSO INSURE THAT AN "OUTSIDE" GROUP OF EXPERTS WHO WOULD NOT
BE INVOLVED IN THE SITUATION AND WHO WHOULD HAVE NO REAL OR VESTED
INTEREST IN ANY OUTCOME OF THE STUDIES, WOULD BE INVOLVED. THIS OUTSIDE
GROUP COULD THUS CONDUCT AN OBJECTIVE SCIENTIFIC STUDY OF EXISTING
HEALTH PROBLEMS.
IF NECESSARY, A SPECIAL "BLUE RIBBON PANEL" OF EXPERTS COULD BE
COLLECTED AND ASKED TO FURTHER REVIEW THE DATA. HOWEVER, THE IDENTITY
OF SUCH AN ADVISORY GROUP SHOULD BE PUBLICLY ANNOUNCED AND ITS FINDINGS
AND RECOMMENDATIONS MADE AVAILABLE IMMEDIATELY IF URGENCY IS REQUIRED.
AT LOVE CANAL SUCH A BLUE RIBBON PANEL HAS BEEN INVOLVED, BUT ITS
MEMBERS AND RECOMMENDATIONS HAVE BEEN KEPT SECRET. IF URGENCY IS NOT
NEEDED, THEN INTERIM REPORTS SHOULD BE AVAILABLE AS SHOULD MINUTES OF
THE MEETINGS. IN EITHER CASE, SUFFICIENT TIME SHOULD BE PROVIDED FOR
SUCH A COMMITTEE TO PROPERLY COMPLETE ITS TASK.
WE HAVE MADE MANY REQUESTS FOR SUCH AN OUTSIDE GROUP TO COME
NEW STUDY WHICH WOULD INCLUDE A CONTROL POPULATION. NO FEDERAL
AGENCY HAS RESPONDED TO OUR REQUESTS CLAIMING THEY HAVE NO
AUTHORITY TO DO SO.
FINALLY, IWOULD LIKE TO SAY THAT WE HAVE FACED MANY PROBLEMS AT LOVE
CANAL, SOME OF WHICH HAVE BEEN SOLVED. YET MANY OTHERS REMAIN.
I HOPE THE CONGRESSMEN AND CONGRESSWOMEN WHO ARE HERE TODAY HAVE
GRASPED A SENSE OF THE AWFULNESS OF OUR SITUATION. NOT ONLY HAS OUR
NEIGHBORHOOD BECOME A TEST SITE FOR SCIENTISTS, BUT NO AUTHORITIES OR
AGENCIES ARE WILLING TO TAKE A STAND AND HELP US.
I ASK THAT YOU DO WHAT YOU CAN FOR US AND DO WHAT YOU MUST AND I
EMPHASIZE MUST -- TO PREVENT WHAT HAS HAPPENED AT LOVE CANAL FROM EVER
HAPPENING AGAIN.
THANK YOU.
(TESTIMONY RESUMES ON P. 136.)
(MRS. GIBBS' PREPARED STATEMENT AND ATTACHMENTS FOLLOW:)
TESTIMONY OF GIBBS L M
HAZARDOUS WASTE DISPOSAL
TESTIMONY PRESENTED TO THE HOUSE SUBCOMMITTEE, 790321
EMERGENCY PLAN-LOVE CANAL, 780809
NEWS RELEASE, 781211
CORNELL UNIVERSITY ASSESSMENT, 780000
MISCARRIAGE AND LIVER FUNCTION DATA, 781025
RE: POZNIAK K, 780825
RE: POZNIAK K, 780822
RE: STARR J M, 780913
SUMMARY OF RECORDS BELONGING TO STARR J
SAMPLING PLAN CHEMICAL MIGRATION, LOVE CANAL, 780915
SOIL AND SUMPS SAMPLING PLAN FOR LOVE CANAL, 781004
SAMPLING PLAN TO DEFINE THE EXTENT OF CHEMICAL MIGRATION FROM THE LOVE CANAL
LOVE CANAL TASK FORCE INFORMATIONAL BULLETIN, 781013
PART 007 OF 54
GIBBS L M PRESIDENT
PHILIPSON W SENIOR RESEARCH ASSOCIATE
HAUGHIE
GILLICK W C
GRABIEC S V
RICHARD N B
MCMAHON W J
RAGUSA M J
RAMCHAND S
OUWENS R
COUNTERMAN P R
LOVE CANAL HOMEOWNERS ASSOCIATION
NEW YORK STATE HEALTH DEPARTMENT
CORNELL UNIVERSITY SCHOOL OF CIVIL AND ENVIRONMENTAL ENGINEERS REMOTE
SENSING PROGRAM ITHACA, NY
NEW YORK STATE DEPARTMENT OF HEALTH
NIAGARA OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES, P.C. 644 PARK
PLACE NIAGARA FALLS, NY 14301
NIAGARA PEDIATRIC ASSOCIATES, P.C. 706 NINTH STREET NIAGARA FALLS,
NY 14301
1077 DELAWARE ROAD KENMORE, NY 11223
513 3RD ST NIAGARA FALLS, NY 14301
151 BUFFALO AVE
1600 UNITED OFFICE BUILDING NIAGARA FALLS, NY 14303
709 9TH STREET, CARSON BUILDING NIAGARA FALLS, NY 14301
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NEW YORK STATE DEPARTMENT OF TRANSPORTATION
109415
HEARINGS
HOUSE
TRANSCRIPT
ARTICLE CLIPPING
REPORT STUDY
CORRESPONDENCE
MARCH 21, 1979
LOIS M. GIBBS. PRESIDENT, LOVE CANAL HOMEOWNERS ASSOCIATION
MY NAME IS LOIS GIBBS AND I AM PRESIDENT OF THE LOVE CANAL HOMEOWNERS
ASSOCIATION (L.C.H.A.). THE L.C.H.A. IS A CITIZENS GROUP CONSISTING OF
OVER 1,000 FAMILIES REPRESENTING MORE THAN 90% OF THE RESIDENTS IN THE
AREA. L.C.H.A. WAS FORMED TO DEAL WITH THE PROBLEM OF LIVING NEAR THE
LOVE CANAL CHEMICAL DUMPSITE. I BECAME INVOLVED IN THIS SITUATION AFTER
DISCOVERING THAT TOXIC CHEMICALS WERE BURIED TWO BLOCKS FROM MY HOME AND
THAT THESE CHEMICALS COULD BE AGGRAVATING MY CHILDREN'S HEALTH PROBLEMS,
ONE OF WHOM ATTENDED THE 99TH STREET SCHOOL LOCATED IN THE CENTER OF THE
DUMP. I STARTED BY CANVASSING THE NEIGHBORHOOD TO FIND IF OTHER
RESIDENTS HAD SIMILAR PROBLEMS. I DISCOVERED THAT THE MAJORITY OF
RESIDENTS HAD WHAT SEEMED TO ME AN UNUSUALLY AN ORGANIZATION TO IDENTIFY
THEIR PROBLEMS AND TO HELP THEM FIND SOLUTIONS.
THE L.C.H.A. WAS FORMED TO VOICE THE OPINION OF RESIDENTS ON THE
DECISIONS MADE BY STATE AUTHORITIES WHICH WOULD AFFECT OUR LIVES. WE
WANTED TO WORK WITH THE HEALTH DEPARTMENT IN IDENTIFYING PROBLEMS AND
SUGGESTING SOLUTIONS TO IMPROVE THE NEIGHBORHOOD. THIS ORGANIZATION
WANTED TO WORK WITH THE DIFFERENT AGENCIES BY OPENLY COMMUNICATING AND
SHARING INFORMATION WITH THEM.
AT THE START I WOULD LIKE TO SAY THAT UPON LEARNING OF THE SITUATION
AT LOVE CANAL, THE STATE MOVED VERY QUICKLY TO BEGIN HEALTH AND
ENVIRONMENTAL STUDIES. THEY ALSO PUT INTO EFFECT A REMEDIAL
CONSTRUCTION PLAN WHICH WOULD ATTEMPT TO REDUCE CHEMICAL MIGRATION FROM
THE CANAL.
TESTIMONY OF GIBBS L M
HAZARDOUS WASTE DISPOSAL
TESTIMONY PRESENTED TO THE HOUSE SUBCOMMITTEE, 790321
EMERGENCY PLAN-LOVE CANAL, 780809
NEWS RELEASE, 781211
CORNELL UNIVERSITY ASSESSMENT, 780000
MISCARRIAGE AND LIVER FUNCTION DATA, 781025
RE: POZNIAK K, 780825
RE: POZNIAK K, 780822
RE: STARR J M, 780913
SUMMARY OF RECORDS BELONGING TO STARR J
SAMPLING PLAN CHEMICAL MIGRATION, LOVE CANAL, 780915
SOIL AND SUMPS SAMPLING PLAN FOR LOVE CANAL, 781004
SAMPLING PLAN TO DEFINE THE EXTENT OF CHEMICAL MIGRATION FROM THE LOVE CANAL
LOVE CANAL TASK FORCE INFORMATIONAL BULLETIN, 781013
PART 008 OF 54
GIBBS L M PRESIDENT
PHILIPSON W SENIOR RESEARCH ASSOCIATE
HAUGHIE
GILLICK W C
GRABIEC S V
RICHARD N B
MCMAHON W J
RAGUSA M J
RAMCHAND S
OUWENS R
COUNTERMAN P R
LOVE CANAL HOMEOWNERS ASSOCIATION
NEW YORK STATE HEALTH DEPARTMENT
CORNELL UNIVERSITY SCHOOL OF CIVIL AND ENVIRONMENTAL ENGINEERS REMOTE
SENSING PROGRAM ITHACA, NY
NEW YORK STATE DEPARTMENT OF HEALTH
NIAGARA OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES, P.C. 644 PARK
PLACE NIAGARA FALLS, NY 14301
NIAGARA PEDIATRIC ASSOCIATES, P.C. 706 NINTH STREET NIAGARA FALLS,
NY 14301
1077 DELAWARE ROAD KENMORE, NY 11223
513 3RD ST NIAGARA FALLS, NY 14301
151 BUFFALO AVE
1600 UNITED OFFICE BUILDING NIAGARA FALLS, NY 14303
709 9TH STREET, CARSON BUILDING NIAGARA FALLS, NY 14301
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NEW YORK STATE DEPARTMENT OF TRANSPORTATION
109416
HEARINGS
HOUSE
TRANSCRIPT
ARTICLE CLIPPING
REPORT STUDY
CORRESPONDENCE
ALTHOUGH THERE ARE MANY PROBLEMS WHICH I COULD DISCUSS, I WILL LIMIT
MY TESTIMONY TO THE EXPERIENCES I HAVE HAD DEALING WITH THE DIFFERENT
STATE AGENCIES INVOLVED AT LOVE CANAL. FIRST I WILL DISCUSS GENERALLY
PROBLEMS THAT HAVE ARISEN. THEN I WILL PROVIDE SPECIFIC EXAMPLES
DEMONSTRATING THE RESPONSIVENESS OF THE STATE AND FINALLY, I WILL MAKE
SEVERAL RECOMMENDATIONS AND SUGGESTIONS WHICH MAY HELP OTHERS WHO FIND
THEMSELVES IN SIMILAR CIRCUMSTANCES.
AS PRESIDENT AND SPOKESPERSON FOR THE L.C.H.A., I SIT ON THE LOVE
CANAL TASK FORCE AND SERVE AS A DIRECT LIAISON BETWEEN THE MEMBERS OF
THE TASK FORCK AND THE RESIDENTS. SINCE JUNE, 1978, I HAVE TAKEN AN
ACTIVE CONCERN IN THE CHEMICAL CONTAMINATION PROBLEMS IN THE
NEIGHBORHOOD. I WAS RESPONSIBLE FOR THE FORMATION OF THE L.C.H.A., ON
AUGUST 4, 1978. ON AUGUST 9, AT THE REQUEST OF WILLIAM WILCOX,
ADMINISTRATOR, F.D.A.A., I ATTENDED A MEETING IN WASHINGTON, D.C. DURING
WHICH POSSIBLE FINANCIAL AID FOR LOVE CANAL WAS DISCUSSED. UPON
RETURNING TO NIAGARA FALLS, I REQUESTED OFFICE SPACE IN THE SCHOOL
BUILDING USED AS A COORDINATING CENTER FOR ALL THE GOVERNMENT AGENCIES
INVOLVED IN THE REMEDIAL SET UP AN OFFICE TO MEET THE NEEDS OF THE
RESIDENTS. SINCE THAT TIME I HAVE SPENT PART OF EVERY DAY WORKING WITH
THE VARIOUS GOVERNMENT AGENCY REPRESENTATIVES. I HAVE HAD FIRST-HAND
EXPERIENCE OF THE DAILY WORKINGS OF THE DIFFERENCT STATE DEPARTMENTS
WHICH INCLUDE THE DEPARTMENT OF HEALTH, DEPARTMENT OF ENVIRONMENTAL
CONSERVATION, DEPARTMENT OF TRANSPORTATION, THE RED CROSS, THE LOVE
CANAL TASK FORCE, THE NIAGARA COUNTY MENTAL CRISIS CENTER, THE OFFICE OF
DISASTER PREPAREDNESS, DEPARTMENT OF SOCIAL SERVICES, AND THE FEDERAL
DISASTER ASSISTANCE ADMINISTRATION.
TESTIMONY OF GIBBS L M
HAZARDOUS WASTE DISPOSAL
TESTIMONY PRESENTED TO THE HOUSE SUBCOMMITTEE, 790321
EMERGENCY PLAN-LOVE CANAL, 780809
NEWS RELEASE, 781211
CORNELL UNIVERSITY ASSESSMENT, 780000
MISCARRIAGE AND LIVER FUNCTION DATA, 781025
RE: POZNIAK K, 780825
RE: POZNIAK K, 780822
RE: STARR J M, 780913
SUMMARY OF RECORDS BELONGING TO STARR J
SAMPLING PLAN CHEMICAL MIGRATION, LOVE CANAL, 780915
SOIL AND SUMPS SAMPLING PLAN FOR LOVE CANAL, 781004
SAMPLING PLAN TO DEFINE THE EXTENT OF CHEMICAL MIGRATION FROM THE LOVE CANAL
LOVE CANAL TASK FORCE INFORMATIONAL BULLETIN, 781013
PART 009 OF 54
GIBBS L M PRESIDENT
PHILIPSON W SENIOR RESEARCH ASSOCIATE
HAUGHIE
GILLICK W C
GRABIEC S V
RICHARD N B
MCMAHON W J
RAGUSA M J
RAMCHAND S
OUWENS R
COUNTERMAN P R
LOVE CANAL HOMEOWNERS ASSOCIATION
NEW YORK STATE HEALTH DEPARTMENT
CORNELL UNIVERSITY SCHOOL OF CIVIL AND ENVIRONMENTAL ENGINEERS REMOTE
SENSING PROGRAM ITHACA, NY
NEW YORK STATE DEPARTMENT OF HEALTH
NIAGARA OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES, P.C. 644 PARK
PLACE NIAGARA FALLS, NY 14301
NIAGARA PEDIATRIC ASSOCIATES, P.C. 706 NINTH STREET NIAGARA FALLS,
NY 14301
1077 DELAWARE ROAD KENMORE, NY 11223
513 3RD ST NIAGARA FALLS, NY 14301
151 BUFFALO AVE
1600 UNITED OFFICE BUILDING NIAGARA FALLS, NY 14303
709 9TH STREET, CARSON BUILDING NIAGARA FALLS, NY 14301
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NEW YORK STATE DEPARTMENT OF TRANSPORTATION
109417
HEARINGS
HOUSE
TRANSCRIPT
ARTICLE CLIPPING
REPORT STUDY
CORRESPONDENCE
I HAVE MET WITH LOCAL ELECTED OFFICIALS TO DISCUSS DIFFERENT MEASURES
WHICH MAY BE TAKEN TO PROVIDE ASSISTANCE TO THE RESIDENTS ON THE LOCAL,
STATE, AND FEDERAL LEVEL. SEVERAL TIMES I MET WITH GOVERNOR HUGH CAREY
TO DISCUSS POSSIBLE RELOCATION OF FAMILIES, THE PROPOSED CONSTRUCTION
PLAN AND, IN GENERAL, THE NEEDS OF THE RESIDENTS.
(1) PROBLEMS OF BEING A PRECEDENT
PROBABLY THE MOST DIFFICULT OBSTACLE TO RELIEVING THE PROBLEMS AT
LOVE CANAL HAS BEEN "BEING THE FIRST". NEITHER THE STATE NOR THE
FEDERAL AGENCIES WHO COULD HELP WERE RESPONSIBLE FOR THE SITUATION. AND
NEITHER WANTED TO TAKE FINANCIAL RESPONSIBILITY FOR CLEANING IT UP.
ARGUING BETWEEN STATE AND FEDERAL AUTHORITIES OVER WHO SHOULD PAY FOR
WHAT EXPENSES HAS CONTINUED SINCE THE FIRST DISCOVERY OF CONTAMINATION.
IN FACT, THE REMEDIAL WORK FOR THE MIDDLE SECTION OF THE CANAL WHICH WAS
SUPPOSED TO START IN MID-MARCH HAS JUST BEEN POSTPONED UNTIL MID-SUMMER.
THE REASONS GIVEN ARE THAT THE CONSTRUCTION CONTRACT IS GOING FROM
EMERGENCY STATUS TO AN OPEN-BIDDING PROCESS AND THAT THE EPA, WHO WAS
PARTIALLY FUNDING THE WORK, REFUSES TO REVIEW THE CONSTRUCTION PLANS
UNTIL THEY KNOW WHO IS PAYING FOR WHAT PROPORTIONS. THIS IS ESPECIALLY
ALARMING SINCE ON FRIDAY, MARCH 9TH, THICK, BLACK, OILY LEACHATE WAS
FOUND RUNNING OFF THE NORTH SECTION OF THE CANAL ONTO THE STREET AND
INTO THE STORM NOT BEGUN AT ALL, MUST NOW AWAIT THE DECISIONS OF THE
BUREAUCRATS WHILE RESIDENTS REMAIN IN A CONTAMINATED AREA WHICH IS NOT
BEING REMEDIED.
TESTIMONY OF GIBBS L M
HAZARDOUS WASTE DISPOSAL
TESTIMONY PRESENTED TO THE HOUSE SUBCOMMITTEE, 790321
EMERGENCY PLAN-LOVE CANAL, 780809
NEWS RELEASE, 781211
CORNELL UNIVERSITY ASSESSMENT, 780000
MISCARRIAGE AND LIVER FUNCTION DATA, 781025
RE: POZNIAK K, 780825
RE: POZNIAK K, 780822
RE: STARR J M, 780913
SUMMARY OF RECORDS BELONGING TO STARR J
SAMPLING PLAN CHEMICAL MIGRATION, LOVE CANAL, 780915
SOIL AND SUMPS SAMPLING PLAN FOR LOVE CANAL, 781004
SAMPLING PLAN TO DEFINE THE EXTENT OF CHEMICAL MIGRATION FROM THE LOVE CANAL
LOVE CANAL TASK FORCE INFORMATIONAL BULLETIN, 781013
PART 010 OF 54
GIBBS L M PRESIDENT
PHILIPSON W SENIOR RESEARCH ASSOCIATE
HAUGHIE
GILLICK W C
GRABIEC S V
RICHARD N B
MCMAHON W J
RAGUSA M J
RAMCHAND S
OUWENS R
COUNTERMAN P R
LOVE CANAL HOMEOWNERS ASSOCIATION
NEW YORK STATE HEALTH DEPARTMENT
CORNELL UNIVERSITY SCHOOL OF CIVIL AND ENVIRONMENTAL ENGINEERS REMOTE
SENSING PROGRAM ITHACA, NY
NEW YORK STATE DEPARTMENT OF HEALTH
NIAGARA OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES, P.C. 644 PARK
PLACE NIAGARA FALLS, NY 14301
NIAGARA PEDIATRIC ASSOCIATES, P.C. 706 NINTH STREET NIAGARA FALLS,
NY 14301
1077 DELAWARE ROAD KENMORE, NY 11223
513 3RD ST NIAGARA FALLS, NY 14301
151 BUFFALO AVE
1600 UNITED OFFICE BUILDING NIAGARA FALLS, NY 14303
709 9TH STREET, CARSON BUILDING NIAGARA FALLS, NY 14301
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NEW YORK STATE DEPARTMENT OF TRANSPORTATION
109418
HEARINGS
HOUSE
TRANSCRIPT
ARTICLE CLIPPING
REPORT STUDY
CORRESPONDENCE
(2) LACK OF OBJECTIVITY OF THE SCIENTIFIC STUDIES UNDERWAY
THE STATE IS CONDUCTING MAJOR STUDIES TO DEFINE THE HEALTH PROBLEMS
AND THE CHEMICAL CONTAMINATION IN THE AREA. THE OUTCOME OF THESE
STUDIES WILL BE THE BASIS OF ANY DECISION TO RELOCATE THE FAMILIES
BECAUSE OF CHEMICAL CONTAMINATION RESULTING IN HEALTH EFFECTS. TWICE,
IT HAS BEEN NECESSARY TO RELOCATE PEOPLE LIVING IN DIFFERENT AREAS
AROUND THE CANAL. IN EACH INSTANCE, THE STATE HAD TO ABSORB MOST OF THE
COST TO BUY HOMES OR TEMPORARILY RELOCATE THESE FAMILIES. HOWEVER, MANY
PEOPLE WITH HEALTH PROBLEMS REMAIN, AND MANY QUESTIONS ABOUT THE EXTENT
OF CONTAMINATION ARE STILL BEING RESOLVED. MEANWHILE, THE STATE IS
CONDUCTING A SCIENTIFIC STUDY, THE RESULTS OF WHICH MAY END UP COSTING
THE STATE MANY MILLIONS OF DOLLARS IF THE RESULTS INDICATE FUTHER
CONTAMINATION. THIS IS ESPECIALLY ALARMING SINCE CONTINUED
ANNOUNCEMENTS BY STATE OFFICIALS HAVE BEEN MADE THAT THEY DONOT INTEND
TO RELOCATE ANY MORE FAMILIES BECAUSE OF THE LACK OF A CAUSE AND EFFECT
LINKAGE BETWEEN CONTAMINATION FROM LOVE CANAL AND HEALTH EFFECTS FOUND
IN THE AREA. THE POLITICAL AND BUREAUCRATIC PRESSURES TO BE "ABSOLUTELY
CERTAIN" OF THE RESULTS PLACE GREAT CONSTRAINTS ON THE OBJECTIVITY OF
THE SCIENTISTS WORKING ON THESE STUDIES. THE VERY NATURE OF THE
UNCERTAINTIES OF DETERMINING OR ESTABLISHING THE SIGNIFICANCE OF
LOW-LEVEL CONTAMINATION TO MANY CHEMICALS PRECLUDE OBVIOUS CONCLUSIONS
OF CAUSE AND EFFECT. THEREFORE, THE HEALTH DEPARTMENT, IN AN OBVIOUS
CONFLICT OF INTEREST, MUST MAKE SUBJECTIVE RECOMMENDATIONS TO THE
POLITICIANS WHO WILL DECIDE WHAT MUST BE DONE. I WANT TO STRESS THAT
THE OBJECTIVITY NECESSARY FOR GOOD SCIENCE WOULD BE NEAR IMPOSSIBLE IN
THESE CIRCUMSTANCES.
TESTIMONY OF GIBBS L M
HAZARDOUS WASTE DISPOSAL
TESTIMONY PRESENTED TO THE HOUSE SUBCOMMITTEE, 790321
EMERGENCY PLAN-LOVE CANAL, 780809
NEWS RELEASE, 781211
CORNELL UNIVERSITY ASSESSMENT, 780000
MISCARRIAGE AND LIVER FUNCTION DATA, 781025
RE: POZNIAK K, 780825
RE: POZNIAK K, 780822
RE: STARR J M, 780913
SUMMARY OF RECORDS BELONGING TO STARR J
SAMPLING PLAN CHEMICAL MIGRATION, LOVE CANAL, 780915
SOIL AND SUMPS SAMPLING PLAN FOR LOVE CANAL, 781004
SAMPLING PLAN TO DEFINE THE EXTENT OF CHEMICAL MIGRATION FROM THE LOVE CANAL
LOVE CANAL TASK FORCE INFORMATIONAL BULLETIN, 781013
PART 011 OF 54
GIBBS L M PRESIDENT
PHILIPSON W SENIOR RESEARCH ASSOCIATE
HAUGHIE
GILLICK W C
GRABIEC S V
RICHARD N B
MCMAHON W J
RAGUSA M J
RAMCHAND S
OUWENS R
COUNTERMAN P R
LOVE CANAL HOMEOWNERS ASSOCIATION
NEW YORK STATE HEALTH DEPARTMENT
CORNELL UNIVERSITY SCHOOL OF CIVIL AND ENVIRONMENTAL ENGINEERS REMOTE
SENSING PROGRAM ITHACA, NY
NEW YORK STATE DEPARTMENT OF HEALTH
NIAGARA OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES, P.C. 644 PARK
PLACE NIAGARA FALLS, NY 14301
NIAGARA PEDIATRIC ASSOCIATES, P.C. 706 NINTH STREET NIAGARA FALLS,
NY 14301
1077 DELAWARE ROAD KENMORE, NY 11223
513 3RD ST NIAGARA FALLS, NY 14301
151 BUFFALO AVE
1600 UNITED OFFICE BUILDING NIAGARA FALLS, NY 14303
709 9TH STREET, CARSON BUILDING NIAGARA FALLS, NY 14301
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NEW YORK STATE DEPARTMENT OF TRANSPORTATION
109419
HEARINGS
HOUSE
TRANSCRIPT
ARTICLE CLIPPING
REPORT STUDY
CORRESPONDENCE
AT THEIR DISPOSAL FOR HANDLING AN EMERGENCY SITUATION OF THE MAGNITUDE
OF THE LOVE CANAL CRISIS.
THE MEANS AND CAPABILITIES OF THE STATE AND LOCAL RESOURCES WERE AND
STILL ARE --SIMPLEY NOT SUFFICIENT TO PROTECT THE PUBLIC HEALTH AND
WELFARE OF THE RESIDENTS DURING SUCH AN EMERGENCY SITUATION. IN FACT,
THE ABILITY OF A GOVERNMENTAL BODY TO REACT TO PUBLIC NEEDS IS LIMITED
BY BOTH THE LAWS DEFINING ITS RESPONSIBILITIES AND THE APPROPRIATIONS
LIMITING ITS ABILITY TO FUNCTION. FOR EXAMPLE, IT WAS NECESSARY, TO
PASS SPECIAL LEGISLATION TO GIVE THE COMMISSIONER OF HEALTH AUTHORITY
AND FINANCING TO INVESTIGATE THE PROGLEMS AND DETERMINE ACTIONS TO SOLVE
THEM. $500,000 WAS PROVIDED BUT IT HAS BEEN ESTIMATED THAT TOTAL COSTS
WILL BE AT LEAST $22 MILLION. THE FOLLOWING COMMENTS PROVIDE EXAMPLES OF
NECESSARY ACTIONS TAKEN BY THE STATE WHICH ARE VERY MUCH OUT OF THE
ORDINARY:
1. THOUSANDS OF BLOOD SAMPLES WERE TAKEN FROM RESIDENTS WITHIN A
MATTER OF A FEW WEEKS. THE DEPARTMENT OF HEALTH DOES NOT AS A GENERAL
MATTER PERFORM LABORATORY TESTS ON PEOPLE.
2. THE LARGE SCALE ENVIRONMENTAL SAMPLING WHICH WAS UNDERTAKEN IS
NOT A MATTER OF NORMAL OPERATING CONDITIONS ESPECIALLY TESTING FOR SOIL
AND SUMP CONTAMINATION. THE IDENTIFICATION OF UNKNOWN CHEMICALS
COMPLICATE THIS LIMITATION EVEN MORE. WHEN DIOXIN, ONE OF THE MOST
TOXIC CHEMICALS KNOWN, WAS FOUND IN THE CANAL, THE STATE WAS NOT ABLE TO
DETERMINE WITH ANY DEGREE OF CERTAINTY JUST WHAT AREAS ARE CONTAMINATED
WITH DIOXIN. THIS IS BECAUSE OF THE EXPENSE AND DIFFICULTY IN MEASURING
THIS CHEMICAL.
TESTIMONY OF GIBBS L M
HAZARDOUS WASTE DISPOSAL
TESTIMONY PRESENTED TO THE HOUSE SUBCOMMITTEE, 790321
EMERGENCY PLAN-LOVE CANAL, 780809
NEWS RELEASE, 781211
CORNELL UNIVERSITY ASSESSMENT, 780000
MISCARRIAGE AND LIVER FUNCTION DATA, 781025
RE: POZNIAK K, 780825
RE: POZNIAK K, 780822
RE: STARR J M, 780913
SUMMARY OF RECORDS BELONGING TO STARR J
SAMPLING PLAN CHEMICAL MIGRATION, LOVE CANAL, 780915
SOIL AND SUMPS SAMPLING PLAN FOR LOVE CANAL, 781004
SAMPLING PLAN TO DEFINE THE EXTENT OF CHEMICAL MIGRATION FROM THE LOVE CANAL
LOVE CANAL TASK FORCE INFORMATIONAL BULLETIN, 781013
PART 012 OF 54
GIBBS L M PRESIDENT
PHILIPSON W SENIOR RESEARCH ASSOCIATE
HAUGHIE
GILLICK W C
GRABIEC S V
RICHARD N B
MCMAHON W J
RAGUSA M J
RAMCHAND S
OUWENS R
COUNTERMAN P R
LOVE CANAL HOMEOWNERS ASSOCIATION
NEW YORK STATE HEALTH DEPARTMENT
CORNELL UNIVERSITY SCHOOL OF CIVIL AND ENVIRONMENTAL ENGINEERS REMOTE
SENSING PROGRAM ITHACA, NY
NEW YORK STATE DEPARTMENT OF HEALTH
NIAGARA OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES, P.C. 644 PARK
PLACE NIAGARA FALLS, NY 14301
NIAGARA PEDIATRIC ASSOCIATES, P.C. 706 NINTH STREET NIAGARA FALLS,
NY 14301
1077 DELAWARE ROAD KENMORE, NY 11223
513 3RD ST NIAGARA FALLS, NY 14301
151 BUFFALO AVE
1600 UNITED OFFICE BUILDING NIAGARA FALLS, NY 14303
709 9TH STREET, CARSON BUILDING NIAGARA FALLS, NY 14301
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NEW YORK STATE DEPARTMENT OF TRANSPORTATION
109420
HEARINGS
HOUSE
TRANSCRIPT
ARTICLE CLIPPING
REPORT STUDY
CORRESPONDENCE
INTENTIONAL BLANK
BLANK PAGE OMITTED.
TESTIMONY OF GIBBS L M
HAZARDOUS WASTE DISPOSAL
TESTIMONY PRESENTED TO THE HOUSE SUBCOMMITTEE, 790321
EMERGENCY PLAN-LOVE CANAL, 780809
NEWS RELEASE, 781211
CORNELL UNIVERSITY ASSESSMENT, 780000
MISCARRIAGE AND LIVER FUNCTION DATA, 781025
RE: POZNIAK K, 780825
RE: POZNIAK K, 780822
RE: STARR J M, 780913
SUMMARY OF RECORDS BELONGING TO STARR J
SAMPLING PLAN CHEMICAL MIGRATION, LOVE CANAL, 780915
SOIL AND SUMPS SAMPLING PLAN FOR LOVE CANAL, 781004
SAMPLING PLAN TO DEFINE THE EXTENT OF CHEMICAL MIGRATION FROM THE LOVE CANAL
LOVE CANAL TASK FORCE INFORMATIONAL BULLETIN, 781013
PART 013 OF 54
GIBBS L M PRESIDENT
PHILIPSON W SENIOR RESEARCH ASSOCIATE
HAUGHIE
GILLICK W C
GRABIEC S V
RICHARD N B
MCMAHON W J
RAGUSA M J
RAMCHAND S
OUWENS R
COUNTERMAN P R
LOVE CANAL HOMEOWNERS ASSOCIATION
NEW YORK STATE HEALTH DEPARTMENT
CORNELL UNIVERSITY SCHOOL OF CIVIL AND ENVIRONMENTAL ENGINEERS REMOTE
SENSING PROGRAM ITHACA, NY
NEW YORK STATE DEPARTMENT OF HEALTH
NIAGARA OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES, P.C. 644 PARK
PLACE NIAGARA FALLS, NY 14301
NIAGARA PEDIATRIC ASSOCIATES, P.C. 706 NINTH STREET NIAGARA FALLS,
NY 14301
1077 DELAWARE ROAD KENMORE, NY 11223
513 3RD ST NIAGARA FALLS, NY 14301
151 BUFFALO AVE
1600 UNITED OFFICE BUILDING NIAGARA FALLS, NY 14303
709 9TH STREET, CARSON BUILDING NIAGARA FALLS, NY 14301
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NEW YORK STATE DEPARTMENT OF TRANSPORTATION
109421
HEARINGS
HOUSE
TRANSCRIPT
ARTICLE CLIPPING
REPORT STUDY
CORRESPONDENCE
3. VERY LITTLE IS KNOWN ABOUT LOW LEVEL CONTAMINATION OF MANY
CHEMICALS. THE HEALTH DEPARTMENT MADE ITS BEST ESTIMATE OF WHAT MINDS
IN THE COUNTRY SHOULD HAVE BEEN CALLED IN TO EVALUATE WHAT THESE LEVELS
OF CONTAMINATION MEAN.
4. A LARGE SCALE EPIDEMIOLOGICAL EFFORT WAS IMPLEMENTED TO DESCRIBE
THE NATURE OF THE HEALTH PROBLEMS OF THE RESIDENTS. THIS HAS ONLY BEEN
DUPLICATED IN SIMILAR MAJOR DISASTERS AND IS NOT PART OF THE PRIOR
EXPERIENCE OF THE HEALTH DEPARTMENT.
ALTHOUGH THE STATE REACTED TO THE CIRCUMSTANCES AS BEST THEY COULD,
THEY WERE NOT ABLE TO PROVIDE THEKINDS OF ASSISTANCE NEEDED IN AN
EMERGENCY SITUATION TO PROTECT THE HEALTH OF ITS RESIDENTS.
5. THE LACK OF A SINGLE SCIENTIFIC DIRECTOR IN CHARGE OF
COORDINATING ANDORGANIZING THE EPIDEMIOLOGICAL AND ENVIRONMENTAL
STUDIES.
BECAUSE OF THE NATURE OF THE PROBLEMS AT LOVE CANAL, IS WAS NECESSARY
TO BRING TOGETHER DIFFERENT PROFESSIONALS TO DETERMINE HOW BEST TO SOLVE
THE PROBLEM. APPROPRIATE STATE PROFESSIONALS WERE PLACED IN CHARGE OF
THE INDIVIDUAL STUDIES; HOWEVER, A SCIENTIFIC DIRECTOR WAS NOT SELECTED
TO OVER-SEE THE ENTIRE PROGRAM. SUCH A DIRECTOR WOULD ENSURE THAT
SIMILAR QUALS WERE FOLLOWED AND THAT EACH STUDY GROUP RECEIVED THE
ADVANTAGE OF THE EFFORTS OF THE OTHER GROUPS.
A POLITICAL APPOINTEE IS PRESENTLY IN CHARGE. THIS IS NOT
SURPRISING, SINCE THE STATE SELECTED PEOPLE FROM WITHIN THEIR DIFFERENT
DEPARTMENTS. THIS HAS CREATED A GREAT MANY UNCERTANTIES AS TO WHO IS IN
CHARGE OF WHAT STUDIES, WHO IS DOING WHAT WORK, AND WHO IS RESPONSIBLE
FOR PLANNING AND FOLLOW-UP.
TESTIMONY OF GIBBS L M
HAZARDOUS WASTE DISPOSAL
TESTIMONY PRESENTED TO THE HOUSE SUBCOMMITTEE, 790321
EMERGENCY PLAN-LOVE CANAL, 780809
NEWS RELEASE, 781211
CORNELL UNIVERSITY ASSESSMENT, 780000
MISCARRIAGE AND LIVER FUNCTION DATA, 781025
RE: POZNIAK K, 780825
RE: POZNIAK K, 780822
RE: STARR J M, 780913
SUMMARY OF RECORDS BELONGING TO STARR J
SAMPLING PLAN CHEMICAL MIGRATION, LOVE CANAL, 780915
SOIL AND SUMPS SAMPLING PLAN FOR LOVE CANAL, 781004
SAMPLING PLAN TO DEFINE THE EXTENT OF CHEMICAL MIGRATION FROM THE LOVE CANAL
LOVE CANAL TASK FORCE INFORMATIONAL BULLETIN, 781013
PART 014 OF 54
GIBBS L M PRESIDENT
PHILIPSON W SENIOR RESEARCH ASSOCIATE
HAUGHIE
GILLICK W C
GRABIEC S V
RICHARD N B
MCMAHON W J
RAGUSA M J
RAMCHAND S
OUWENS R
COUNTERMAN P R
LOVE CANAL HOMEOWNERS ASSOCIATION
NEW YORK STATE HEALTH DEPARTMENT
CORNELL UNIVERSITY SCHOOL OF CIVIL AND ENVIRONMENTAL ENGINEERS REMOTE
SENSING PROGRAM ITHACA, NY
NEW YORK STATE DEPARTMENT OF HEALTH
NIAGARA OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES, P.C. 644 PARK
PLACE NIAGARA FALLS, NY 14301
NIAGARA PEDIATRIC ASSOCIATES, P.C. 706 NINTH STREET NIAGARA FALLS,
NY 14301
1077 DELAWARE ROAD KENMORE, NY 11223
513 3RD ST NIAGARA FALLS, NY 14301
151 BUFFALO AVE
1600 UNITED OFFICE BUILDING NIAGARA FALLS, NY 14303
709 9TH STREET, CARSON BUILDING NIAGARA FALLS, NY 14301
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NEW YORK STATE DEPARTMENT OF TRANSPORTATION
109422
HEARINGS
HOUSE
TRANSCRIPT
ARTICLE CLIPPING
REPORT STUDY
CORRESPONDENCE
MICROFORM REFILMED; SEE APPENDICES.
THIS HAS MADE OUR COMMUNICATION WITH THE STATE ESPECIALLY DIFFICULT.
THE MAJOR PROBLEM THAT RESULTED WAS THAT NO COORDINATED PLAN OF ACTION
WHICH COULD SYSTEMATICALLY DEFINE THE PROBLEM AND THEN SELECT THE BEST
AVAILABLE SOLUTIONS, WAS ESTABLISHED. I CERTAINLY UNDERSTAND THE
CONSTRAINTS OF URGENCY THE AUTHORITIES WERE UNDER, BUT THIS OFFERS
LITTLE COMFORT.
(6) INSENSITIVITY OF STATE AUTHORITIES.
IN THE SITUATION WHERE PEOPLE ARE EXPOSED TO A THREAT, THE
TO BE MANY ANXIOUS MOMENTS. THE RESIDENTS HAVE BEEN VERY
SCARED AND EMOTIONAL. AND AT FIRST, THE HEALTH DEPARTMENT WAS
UNSURE OF HOW GREAT A PROBLEM THEY WERE FACING. BECAUSE THEY
HAD NEVER DEALT WITH SUCH AN EMERGENCY CRISIS BEFORE, THEY HAD
NO EASY METHOD THROUGH WHICH TO COMMUNICATE WITH THE RESIDENTS.
BECAUSE OF THE FEAR OF PANIC, THE STATE DID NOT KNOW HOW FAR
TO INVOLVE THE RESIDENTS INTHE DECISIONS AND FINDINGS THAT WERE
MADE. AND OFFICIALS OFTEN DID NOT INSPIRE CONFIDENCE IN THE
RESIDENTS, WHICH MADE MATTERS WORSE. FOR EXAMPLE, PRIOR TO
STARTING THE REMEDIAL CONSTRUCTION WORK ON THE SOUTH PORTION
OF THE CANAL, I RECEIVED A DRAFT SAFETY PLAN FOR THE
CONSTRUCTION. (SEE EXHIBIT 1A). ALTHOUGH IT INCLUDED PRECAUTIONS
FOR THE WORKERS, NO CONSIDERATIONS WERE PROVIDED TO PROTECT
RESIDENTS FROM POSSIBLE DANGERS AS A RESULT OF THE CONSTRUCTION.
I WAS TOLD AT THE TIME THAT "A GOOD ON-SITE PLAN WAS A GOOD
OFF-SITE PLANT". MANY OF THE CHEMICALS IN THE CANAL WERE
UNKNOWN AS WAS THE BOUNDARY OF THE CANAL. AS A RESULT, IT WAS
UNCLEAR IF DURING CONSTRUCTION THE WORKERS WOULD DISRUPT
BARRELS OF CHEMICALS. THESE UNCERTAINTIES FRIGHTENED THE RESIDENTS
AND WE DEMANDED A SAFETY PLAN AND AN ON-SITE MONITOR TO HELP
PROVIDE PROTECTION FOR THE RESIDENTS IN THE EVENT OF AN
ACCIDENT.
TESTIMONY OF GIBBS L M
HAZARDOUS WASTE DISPOSAL
TESTIMONY PRESENTED TO THE HOUSE SUBCOMMITTEE, 790321
EMERGENCY PLAN-LOVE CANAL, 780809
NEWS RELEASE, 781211
CORNELL UNIVERSITY ASSESSMENT, 780000
MISCARRIAGE AND LIVER FUNCTION DATA, 781025
RE: POZNIAK K, 780825
RE: POZNIAK K, 780822
RE: STARR J M, 780913
SUMMARY OF RECORDS BELONGING TO STARR J
SAMPLING PLAN CHEMICAL MIGRATION, LOVE CANAL, 780915
SOIL AND SUMPS SAMPLING PLAN FOR LOVE CANAL, 781004
SAMPLING PLAN TO DEFINE THE EXTENT OF CHEMICAL MIGRATION FROM THE LOVE CANAL
LOVE CANAL TASK FORCE INFORMATIONAL BULLETIN, 781013
PART 015 OF 54
GIBBS L M PRESIDENT
PHILIPSON W SENIOR RESEARCH ASSOCIATE
HAUGHIE
GILLICK W C
GRABIEC S V
RICHARD N B
MCMAHON W J
RAGUSA M J
RAMCHAND S
OUWENS R
COUNTERMAN P R
LOVE CANAL HOMEOWNERS ASSOCIATION
NEW YORK STATE HEALTH DEPARTMENT
CORNELL UNIVERSITY SCHOOL OF CIVIL AND ENVIRONMENTAL ENGINEERS REMOTE
SENSING PROGRAM ITHACA, NY
NEW YORK STATE DEPARTMENT OF HEALTH
NIAGARA OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES, P.C. 644 PARK
PLACE NIAGARA FALLS, NY 14301
NIAGARA PEDIATRIC ASSOCIATES, P.C. 706 NINTH STREET NIAGARA FALLS,
NY 14301
1077 DELAWARE ROAD KENMORE, NY 11223
513 3RD ST NIAGARA FALLS, NY 14301
151 BUFFALO AVE
1600 UNITED OFFICE BUILDING NIAGARA FALLS, NY 14303
709 9TH STREET, CARSON BUILDING NIAGARA FALLS, NY 14301
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NEW YORK STATE DEPARTMENT OF TRANSPORTATION
109423
HEARINGS
HOUSE
TRANSCRIPT
ARTICLE CLIPPING
REPORT STUDY
CORRESPONDENCE
MICROFORM REFILMED; SEE APPENDICES.
WHAT RESULTED WAS A MEETING HELD BY THE OFFICE OF DISASTER
PREPAREDNESS DURING WHICH A "TOTAL" SAFETY PLAN WAS PREPARED AND LATER
PRESENTED TO THE RESIDENTS AT A PUBLIC MEETING. HOWEVER, THE CONFIDENCE
IN THIS PLAN WAS GREATLY SHAKEN BY A STATEMENT MADE BY A STATE SPOKESMAN
WHO, WHEN ASKED TO COMMENT ON WHAT HE WOULD DO IF TOXIC VAPORS WERE
RELEASED THROUGH THE NEIGHBORHOOD, REPLIED: "I WOULDN'T WAIT FOR THE
BUS, I'D RUN LIKE HELL".
ANOTHER PROBLEM WAS THE FLOW OF INFORMATION TO THE RESIDENTS. A LOT
OF DATA AND INFORMATION WAS GIVEN TO RESIDENTS WITHOUT ANY EXPLANATION
OF WHAT THE DATA MEANT. AIR VALUES OF CHEMICALS INTERPRETATION OF WHAT
THE VALUES REPRESENTED (EXHIBIT 1). A NEED TO UNDERSTAND THE
SIGNIFICANCE OF THESE VALUES WAS A MAJOR CONCERN OF THE PEOPLE. MANY
RESIDENTS WERE ALSO GIVEN RESULTS OF BLOOD TESTS AND LIVER FUNCTION
TESTS WITHOUT ANY IDEA OF THE MEANING OF THE RESULTS. IN SOME
INSTANCES, RESIDENTS WERE ASKED TO GO FOR REPEATED TESTS WITHOUT ANY
EXPLANATION OF WHY. WITH SO MANY PEOPLE AFRAID THAT THEIR HEALTH WAS AT
RISK, IT WOULD HAVE GREATLY ALLEVIATED THE FEAR OF THE UNKNOWN TO HAVE
SOMEONE ACCESSIBLE TO THE RESIDENTS WHO COULD ANSWER THEIR MANY
QUESTIONS. ALL THAT WAS REALLY AVAILABLE WAS A "HOT-LINE" TO ALBANY.
THERE WERE ALSO MANY INSTANCES WHERE NEITHER THE RESIDENTS NOR OUR
REPRESENTATIVES WERE INVITED TO MEETINGS HELD BY STATE OFFICIALS DURING
WHICH DECISIONS THAT WERE AFFECTING THE FUTURE OF THE RESIDENTS WERE
BEING DECIDED. WE WERE OFTEN TOLD THAT WE WERE NOT "PROFESSIONALS" AND
THAT WE WOULD DISRUPT THE ABILITY OF PEOPLE TO SPEAK FREELY. THESE
CLOSED-DOOR MEETINGS FOSTERED MISTRUST, CONFUSION AND GOSSIP ABOUT THE
CONCERN OF THE HEALTH DEPARTMENT FOR THE RESIDENTS.
TESTIMONY OF GIBBS L M
HAZARDOUS WASTE DISPOSAL
TESTIMONY PRESENTED TO THE HOUSE SUBCOMMITTEE, 790321
EMERGENCY PLAN-LOVE CANAL, 780809
NEWS RELEASE, 781211
CORNELL UNIVERSITY ASSESSMENT, 780000
MISCARRIAGE AND LIVER FUNCTION DATA, 781025
RE: POZNIAK K, 780825
RE: POZNIAK K, 780822
RE: STARR J M, 780913
SUMMARY OF RECORDS BELONGING TO STARR J
SAMPLING PLAN CHEMICAL MIGRATION, LOVE CANAL, 780915
SOIL AND SUMPS SAMPLING PLAN FOR LOVE CANAL, 781004
SAMPLING PLAN TO DEFINE THE EXTENT OF CHEMICAL MIGRATION FROM THE LOVE CANAL
LOVE CANAL TASK FORCE INFORMATIONAL BULLETIN, 781013
PART 016 OF 54
GIBBS L M PRESIDENT
PHILIPSON W SENIOR RESEARCH ASSOCIATE
HAUGHIE
GILLICK W C
GRABIEC S V
RICHARD N B
MCMAHON W J
RAGUSA M J
RAMCHAND S
OUWENS R
COUNTERMAN P R
LOVE CANAL HOMEOWNERS ASSOCIATION
NEW YORK STATE HEALTH DEPARTMENT
CORNELL UNIVERSITY SCHOOL OF CIVIL AND ENVIRONMENTAL ENGINEERS REMOTE
SENSING PROGRAM ITHACA, NY
NEW YORK STATE DEPARTMENT OF HEALTH
NIAGARA OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES, P.C. 644 PARK
PLACE NIAGARA FALLS, NY 14301
NIAGARA PEDIATRIC ASSOCIATES, P.C. 706 NINTH STREET NIAGARA FALLS,
NY 14301
1077 DELAWARE ROAD KENMORE, NY 11223
513 3RD ST NIAGARA FALLS, NY 14301
151 BUFFALO AVE
1600 UNITED OFFICE BUILDING NIAGARA FALLS, NY 14303
709 9TH STREET, CARSON BUILDING NIAGARA FALLS, NY 14301
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NEW YORK STATE DEPARTMENT OF TRANSPORTATION
109424
HEARINGS
HOUSE
TRANSCRIPT
ARTICLE CLIPPING
REPORT STUDY
CORRESPONDENCE
MICROFORM REFILMED; SEE APPENDICES.
THESE FEELINGS WERE FURTHER PERPETUATED WHEN INFORMATION ON THE
HEALTH AND ENVIRONMENTAL STUDIES WAS HELD BACK FROM THE HOMEOWNERS AND
OUR REPRESENTATIVES. THIS SITUATION HAS IMPROVED; ALTHOUGH THE
HOMEOWNERS ASSOCIATION DOES NOT RECEIVE ANY ROUTINE COMMUNICATIONS FROM
THE STATE REGARDING THE STATUS OF ONGOING HEALTH AND ENVIRONMENTAL
STUDIES. IN FACT, THE ONLY COMMUNICATIONS THAT I RECEIVE ARE TO
ANNOUNCE PUBLIC MEETINGS OR IN DIRECT RESPONSE TO A MEMO OR REQUEST THAT
I HAVE MADE. THIS GENERAL INSENSITIVITY HAS GREATLY POLARIZED THE
HOMEOWNERS FROM THE STATE. IT IS UNFORTUNATE THAT THIS SITUATION HAS
DEVELOPED BECAUSE IT COULD HAVE BEEN MOSTLY AVOIDED BY BETTER
COMMUNICATION AND THE INVOLVEMENT OF PEOPLE WHO HAVE HAD SOME EXPERIENCE
WORKING WITH PEOPLE DURING DIFFICULT TIMES.
DEMONSTRATE THE NATURE OF THE PROBLEMS JUST DESCRIBED.
THE "SWALE THEORY"
UPON DESCRIBING THE NATURE OF THE CONTAMINATION IN THE AREA, STATE
OFFICIALS CONCERNED THEMSELVES MOSTLY WITH LATERAL MIGRATION DIRECTLY
INTO HOMES ADJACENT TO THE CANAL. THIS WAS PERFECTLY APPROPRIATE AS A
FIRST MEASURE. HOWEVER, AFTER REVIEWING OLD PHOTOGRAPHS AND CONSULTING
MATERIALS MADE AVAILABLE BY THE STATE (SEE EXHIBIT 2), IT BECAME
APPARENT THAT THE NATURE OF THE CONTAMINATION MIGHT BE GREATLY
INFLUENCED BY THE PRESENCE OF OLD STREAM BEDS OR "SWALES" WHICH EXISTED
DURING THE PERIOD WHEN THE CANAL WAS STILL FILLED WITH WATER. OVER THE
YEARS THESE STREAM BEDS WERE FILLED WITH "FILL MATERIAL" SUCH AS
GARBAGE, STONES, REFUSE, DIRT, OR JUST PLAIN ANYTHING THAT PEOPLE COULD
FIND.
TESTIMONY OF GIBBS L M
HAZARDOUS WASTE DISPOSAL
TESTIMONY PRESENTED TO THE HOUSE SUBCOMMITTEE, 790321
EMERGENCY PLAN-LOVE CANAL, 780809
NEWS RELEASE, 781211
CORNELL UNIVERSITY ASSESSMENT, 780000
MISCARRIAGE AND LIVER FUNCTION DATA, 781025
RE: POZNIAK K, 780825
RE: POZNIAK K, 780822
RE: STARR J M, 780913
SUMMARY OF RECORDS BELONGING TO STARR J
SAMPLING PLAN CHEMICAL MIGRATION, LOVE CANAL, 780915
SOIL AND SUMPS SAMPLING PLAN FOR LOVE CANAL, 781004
SAMPLING PLAN TO DEFINE THE EXTENT OF CHEMICAL MIGRATION FROM THE LOVE CANAL
LOVE CANAL TASK FORCE INFORMATIONAL BULLETIN, 781013
PART 017 OF 54
GIBBS L M PRESIDENT
PHILIPSON W SENIOR RESEARCH ASSOCIATE
HAUGHIE
GILLICK W C
GRABIEC S V
RICHARD N B
MCMAHON W J
RAGUSA M J
RAMCHAND S
OUWENS R
COUNTERMAN P R
LOVE CANAL HOMEOWNERS ASSOCIATION
NEW YORK STATE HEALTH DEPARTMENT
CORNELL UNIVERSITY SCHOOL OF CIVIL AND ENVIRONMENTAL ENGINEERS REMOTE
SENSING PROGRAM ITHACA, NY
NEW YORK STATE DEPARTMENT OF HEALTH
NIAGARA OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES, P.C. 644 PARK
PLACE NIAGARA FALLS, NY 14301
NIAGARA PEDIATRIC ASSOCIATES, P.C. 706 NINTH STREET NIAGARA FALLS,
NY 14301
1077 DELAWARE ROAD KENMORE, NY 11223
513 3RD ST NIAGARA FALLS, NY 14301
151 BUFFALO AVE
1600 UNITED OFFICE BUILDING NIAGARA FALLS, NY 14303
709 9TH STREET, CARSON BUILDING NIAGARA FALLS, NY 14301
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NEW YORK STATE DEPARTMENT OF TRANSPORTATION
109425
HEARINGS
HOUSE
TRANSCRIPT
ARTICLE CLIPPING
REPORT STUDY
CORRESPONDENCE
MICROFORM REFILMED; SEE APPENDICES.
I WENT TO THE UNIVERSITY OF BUFFALO AND CONSULTED WITH DR. CHARLES V.
EBERT, A SOILS SPECIALIST WHO PROVED TO BE MOST HELPFUL IN DESCRIBING
AND DEFINING THE LOCATION AND CHARACTERISTICS OF THESE STREAM BEDS. IN
MID-SEPTEMBER I MENTIONED WHAT I WAS FINDING TO STATE AUTHORITIES AND
THEY REFERRED TO MY EFFORTS AS "USELESS HOUSEWIFE DATA". WORKING WITH
DR. BEVERLY PAIGEN, A CANCER RESEARCH SCIENTIST FROM ROSWELL PARK
MEMORIAL INSTITUTE, I LOOKED AT THE NATURE OF THE HEALTH EFFECTS FOUND
ALONG THE STREAM BEDS. THE ASSOCIATION BETWEEN THE HEALTH EFFECTS AND
THE LOCATIONS OF THE OLD STREAMS WAS QUITE HIGH, SO I THEN LOOKED AT THE
AVAILABLE EVIDENCE ON CHEMICAL CONTAMINATION ALONG THE STREAM BEDS.
THIS WAS NOT AS CONVINOING BUT A POSITIVE TREND WAS EVIDENT. ON
NOVEMBER 1, 1978, DR. PAIGEN AND STEVEN LESTER, A TOXICOLOGIST WHO WAS
HIRED BY NEW YORK STATE TO BE OUR ON-SITE MONITOR AND SCIENTIFIC
CONSULTANT, PRESENTED THESE FINDINGS TO THE DEPARTMENT OF HEALTH IN
ALBANY. THE STATE REPRESENTATIVES LISTENED, THEN RELEASED A STATEMENT
WHICH READ IN PART "THAT INFORMATION PRESENTED BY THE HOMEOWNERS'
CONSULTANTS WAS NOT GATHERED IN A TO DRAW ANY OF THE SAME CONCLUSIONS.
THIS POSITION WAS REAFFIRMED IN STATEMENTS MADE DURING A PUBLIC
MEETING ON NOVEMBER 22. HOWEVER, ON DECEMBER 20 AT A TASK FORCE
MEETING, THE STATE ADMITTED THAT CONTAMINATION WAS EVIDENT OUTSIDE THE
FIRST TWO ROWS OF HOUSES AND THAT THE STREAM BEDS MAY INDEED REPRESENT
AN AVENUE OF ESCAPE FOR CHEMICALS FROM THE CANAL. AT A LATER TASK FORCE
MEETING ON FEBRUARY 6, 1979, COMMISSIONER OF HEALTH DR. DAVID AXELROD
PRAISED THE WORK OF DR. PAIGEN COMMENTING THAT SHE WAS RESPONSIBLE FOR
THE FINDING OF UNUSUAL HEALTH EFFECTS ALONG THE STREAM BEDS.
TESTIMONY OF GIBBS L M
HAZARDOUS WASTE DISPOSAL
TESTIMONY PRESENTED TO THE HOUSE SUBCOMMITTEE, 790321
EMERGENCY PLAN-LOVE CANAL, 780809
NEWS RELEASE, 781211
CORNELL UNIVERSITY ASSESSMENT, 780000
MISCARRIAGE AND LIVER FUNCTION DATA, 781025
RE: POZNIAK K, 780825
RE: POZNIAK K, 780822
RE: STARR J M, 780913
SUMMARY OF RECORDS BELONGING TO STARR J
SAMPLING PLAN CHEMICAL MIGRATION, LOVE CANAL, 780915
SOIL AND SUMPS SAMPLING PLAN FOR LOVE CANAL, 781004
SAMPLING PLAN TO DEFINE THE EXTENT OF CHEMICAL MIGRATION FROM THE LOVE CANAL
LOVE CANAL TASK FORCE INFORMATIONAL BULLETIN, 781013
PART 018 OF 54
GIBBS L M PRESIDENT
PHILIPSON W SENIOR RESEARCH ASSOCIATE
HAUGHIE
GILLICK W C
GRABIEC S V
RICHARD N B
MCMAHON W J
RAGUSA M J
RAMCHAND S
OUWENS R
COUNTERMAN P R
LOVE CANAL HOMEOWNERS ASSOCIATION
NEW YORK STATE HEALTH DEPARTMENT
CORNELL UNIVERSITY SCHOOL OF CIVIL AND ENVIRONMENTAL ENGINEERS REMOTE
SENSING PROGRAM ITHACA, NY
NEW YORK STATE DEPARTMENT OF HEALTH
NIAGARA OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES, P.C. 644 PARK
PLACE NIAGARA FALLS, NY 14301
NIAGARA PEDIATRIC ASSOCIATES, P.C. 706 NINTH STREET NIAGARA FALLS,
NY 14301
1077 DELAWARE ROAD KENMORE, NY 11223
513 3RD ST NIAGARA FALLS, NY 14301
151 BUFFALO AVE
1600 UNITED OFFICE BUILDING NIAGARA FALLS, NY 14303
709 9TH STREET, CARSON BUILDING NIAGARA FALLS, NY 14301
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NEW YORK STATE DEPARTMENT OF TRANSPORTATION
109426
HEARINGS
HOUSE
TRANSCRIPT
ARTICLE CLIPPING
REPORT STUDY
CORRESPONDENCE
PROFESSIONALS WERE PLACED IN CHARGE OF THE INDIVIDUAL STUDIES;
_OPY ILLEGIBLE.
DR. AXELROD THEN PROCEEDED TO RECOMMEND THE TEMPORARY RELOCATION OF
ALL PREGNANT WOMEN AND CHILDREN UNDER TWO YEARS OF AGE WHO LIVED IN A
SIX BLOCK AREA BECAUSE OF THE FINDING OF "A SMALL BUT SIGNIFICANT
INCREASE IN THE RISK OF MISCARRAIGES AND BIRTH DEFECTS" (SEE EXHIBIT 3).
IT IS STRIKING THAT IT WAS THE HOMEOWNERS WITH OUR LIMITED RESOURCES
AND PERSONNEL - NOT THE HEALTH DEPARTMENT - WHO INITIATED THESE EFFORTS
TO FURTHER DEFINE THE EXTENT OF THE HEALTH EFFECTS AND CHEMICAL
CONTAMINATION RESULTING FROM LOVE CANAL.
THE EVALUATION OF THE MISCARRIAGE DATA WAS SIMILARLY HANDLED BY THE
STATE. SINCE MANY OF THE CHEMICALS IDENTIFIED IN THE CANAL ARE TOXIC TO
THE VERY YOUNG, MISCARRIAGES, BIRTH DEFECTS, AND CRIB DEATHS WERE ONE OF
THE FIRST INDICATORS TO BE LOOKED AT. THE STATE REVIEWED THE DATA FROM
THEIR HEALTH SURVEY AND EXAMINED THE NUMBER OF MISCARRIAGES ON A STREET
BY STREET BASIS. FOR THE HOMES IMMEDIATELY ADJACENT TO THE CANAL, THEY
FOUND THAT THE NUMBER OF MISCARRIAGES IN RING 1 WAS ONE AND A HALF TIMES
WHAT WAS EXPECTED FROM NATIONAL AVERAGES. THIS WAS SUFFICIENT TO
WARRANT RELOCATING THE FAMILIES IN THESE HOMES. THEY THEN LOOKED AT
EACH ROW OF HOMES GOING AWAY FROM THE CANAL. ON OCTOBER 25, 1978, (SEE
EXHIBIT 4), THE HEALTH DEPARTMENT MADE, INPART, THE FOLLOWING COMMENTS:
"THERE IS NO EVIDENCE TO DATE INDICATING THAT MISCARRIAGE RATES AMONG
WOMEN IN THE REPORDUCTIVE AGE GROUP WHO LIVE BETWEEN 93RD AND 103RD
STREETS EXCEED EXPECTED LEVELS." (ALSO SEE EXHIBIT 5) USING AN ANALYSIS
PREPARED BY OUR SCIENTIFIC CONSULTANTS, A MEMO WAS GIVEN TO THE STATE
HEALTH DEPARTMENT ON DECEMBER 20, 1978, DESCRIBING THEIR ANALYSIS OF THE
MISCARRIAGE RATE WHICH SHOWED BETTERN THAN A TWO-FOLD INCREASE IN
REMAINING HOMES.
TESTIMONY OF GIBBS L M
HAZARDOUS WASTE DISPOSAL
TESTIMONY PRESENTED TO THE HOUSE SUBCOMMITTEE, 790321
EMERGENCY PLAN-LOVE CANAL, 780809
NEWS RELEASE, 781211
CORNELL UNIVERSITY ASSESSMENT, 780000
MISCARRIAGE AND LIVER FUNCTION DATA, 781025
RE: POZNIAK K, 780825
RE: POZNIAK K, 780822
RE: STARR J M, 780913
SUMMARY OF RECORDS BELONGING TO STARR J
SAMPLING PLAN CHEMICAL MIGRATION, LOVE CANAL, 780915
SOIL AND SUMPS SAMPLING PLAN FOR LOVE CANAL, 781004
SAMPLING PLAN TO DEFINE THE EXTENT OF CHEMICAL MIGRATION FROM THE LOVE CANAL
LOVE CANAL TASK FORCE INFORMATIONAL BULLETIN, 781013
PART 019 OF 54
GIBBS L M PRESIDENT
PHILIPSON W SENIOR RESEARCH ASSOCIATE
HAUGHIE
GILLICK W C
GRABIEC S V
RICHARD N B
MCMAHON W J
RAGUSA M J
RAMCHAND S
OUWENS R
COUNTERMAN P R
LOVE CANAL HOMEOWNERS ASSOCIATION
NEW YORK STATE HEALTH DEPARTMENT
CORNELL UNIVERSITY SCHOOL OF CIVIL AND ENVIRONMENTAL ENGINEERS REMOTE
SENSING PROGRAM ITHACA, NY
NEW YORK STATE DEPARTMENT OF HEALTH
NIAGARA OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES, P.C. 644 PARK
PLACE NIAGARA FALLS, NY 14301
NIAGARA PEDIATRIC ASSOCIATES, P.C. 706 NINTH STREET NIAGARA FALLS,
NY 14301
1077 DELAWARE ROAD KENMORE, NY 11223
513 3RD ST NIAGARA FALLS, NY 14301
151 BUFFALO AVE
1600 UNITED OFFICE BUILDING NIAGARA FALLS, NY 14303
709 9TH STREET, CARSON BUILDING NIAGARA FALLS, NY 14301
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NEW YORK STATE DEPARTMENT OF TRANSPORTATION
109427
HEARINGS
HOUSE
TRANSCRIPT
ARTICLE CLIPPING
REPORT STUDY
CORRESPONDENCE
AT THIS TIME THE "SWALE THEORY" WAS NO LONGER A THEORY AND IT
BEYOND THE FIRST FEW ROWS OF HOMES. AGAIN IT WAS AT THE
TASK FORCE MEETING OF FEBRUARY 8TH THAT THE STATE ANNOUNCED THAT
THE "INCIDENCE OF MISCARRIAGE AMONG WOMEN LIVING IN THE FORMER
'WET AREAS' BETWEEN 97TH AND 103RD STREETS AND COLVIN BOULEVARD
AND FRONTIER AVENUE WAS ABOUT TWICE AS HIGH AS THAT OF RESIDENTS
OF 'DRY' AREAS IN THE SAME NEIGHBORHOOD AND THAT OF A CONTROL
GROUP IN A SIMILAR STUDY OF MISCARRIAGE FREQUENCY IN TORONTO".
(SEE EXHIBIT 3).
FROM THE INITIAL DECISION TO RELOCATE FAMILIES IN EARLY AUGUST UNTIL
EARLY FEBRUARY, THE STATE CONTINUOUSLY DENIED THAT ANY EVIDENCE OF
HEALTH PROBLEMS EXISTED OUTSIDE THE FIRST TWO ROWS OF HOUSES. AGAIN, IT
WAS THE HOMEOWNERS WITH OUR LIMITED RESOURCES AND PERSONNEL WHO
INITIATED THESE EFFORTS TO DEFINE THE EXTENT OF THE HEALTH EFFECTS IN
THE AREA. WITH OUR CONSULTANTS WE ANALYZED THE DATA AND POINTED OUT
APPARENT PATTERNS OF DISEASE TO THE HEALTH DEPARTMENT.
AS DESCRIBED EARLIER, NO ORGANIZED PLAN OF ACTION WAS APPARENT. WHO
WAS IN CHARGE, HOW PLANS WERE TO BE CARRIED OUT, AND WHAT THE
JUSTIFICATION WAS WAS NOT CLEAR TO US. FOR EXAMPLE, THE SOIL SAMPLING
PLAN TO DEFINE THE EXTENT OF MIGRATION OF CHEMICALS WAS NOT DEFINED
UNTIL JUST RECENTLY. A MEMORANDUM DATED SEPTEMBER 25, 1978, (EXHIBIT 6)
DESCRIBED THE SOIL SAMPLING PLAN TO DETERMINE THE EXTENT OF MIGRATION.
NO ONE AUTHORS THIS MEMO AND NO USEFUL PLAN IS SUGGESTED. ON OCTOBER 4,
1978, (EXHIBIT 7), ANOTHER DRAFT WAS RELEASED. IN NEITHER MEMO IS THERE
ANY DESCRIPTION OF WHERE TO SAMPLE OR HOW MANY SAMPLES SHOULD BE TAKEN,
YET 138 SAMPLES HAVE BEEN TAKEN SO FAR. RECENTLY, HOWEVER, A SYSTEMATIC
SAMPLING OF ALL THE HOUSES IN WHICH AIR SAMPLES HAVE BEEN TAKEN IS BEING
CONDUCTED.
TESTIMONY OF GIBBS L M
HAZARDOUS WASTE DISPOSAL
TESTIMONY PRESENTED TO THE HOUSE SUBCOMMITTEE, 790321
EMERGENCY PLAN-LOVE CANAL, 780809
NEWS RELEASE, 781211
CORNELL UNIVERSITY ASSESSMENT, 780000
MISCARRIAGE AND LIVER FUNCTION DATA, 781025
RE: POZNIAK K, 780825
RE: POZNIAK K, 780822
RE: STARR J M, 780913
SUMMARY OF RECORDS BELONGING TO STARR J
SAMPLING PLAN CHEMICAL MIGRATION, LOVE CANAL, 780915
SOIL AND SUMPS SAMPLING PLAN FOR LOVE CANAL, 781004
SAMPLING PLAN TO DEFINE THE EXTENT OF CHEMICAL MIGRATION FROM THE LOVE CANAL
LOVE CANAL TASK FORCE INFORMATIONAL BULLETIN, 781013
PART 020 OF 54
GIBBS L M PRESIDENT
PHILIPSON W SENIOR RESEARCH ASSOCIATE
HAUGHIE
GILLICK W C
GRABIEC S V
RICHARD N B
MCMAHON W J
RAGUSA M J
RAMCHAND S
OUWENS R
COUNTERMAN P R
LOVE CANAL HOMEOWNERS ASSOCIATION
NEW YORK STATE HEALTH DEPARTMENT
CORNELL UNIVERSITY SCHOOL OF CIVIL AND ENVIRONMENTAL ENGINEERS REMOTE
SENSING PROGRAM ITHACA, NY
NEW YORK STATE DEPARTMENT OF HEALTH
NIAGARA OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES, P.C. 644 PARK
PLACE NIAGARA FALLS, NY 14301
NIAGARA PEDIATRIC ASSOCIATES, P.C. 706 NINTH STREET NIAGARA FALLS,
NY 14301
1077 DELAWARE ROAD KENMORE, NY 11223
513 3RD ST NIAGARA FALLS, NY 14301
151 BUFFALO AVE
1600 UNITED OFFICE BUILDING NIAGARA FALLS, NY 14303
709 9TH STREET, CARSON BUILDING NIAGARA FALLS, NY 14301
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NEW YORK STATE DEPARTMENT OF TRANSPORTATION
109428
HEARINGS
HOUSE
TRANSCRIPT
ARTICLE CLIPPING
REPORT STUDY
CORRESPONDENCE
ANOTHER EXAMPLE IS THE SAMPLING OF THE AIR FOR CHEMICALS. BECAUSE OF
THE DEMAND, AIR SAMPLES WERE AT FIRST TAKEN ONLY UPON REQUEST. EFFECTS.
THE DISTRIBUTION OF THE HEALTH QUESTIONNAIRE AND BLOOD SAMPLING WAS A
SOMEWHAT DIFFERENT SITUATION. FOR THE FIRST TWO RINGS OF HOUSES, TWO
PEOPLE WENT DORE TO DOOR HANDING OUT THE QUESTIONNAIRE, ANSWERING ANY
QUESTIONS RESIDENTS MIGHT HAVE. THEY ALSO TOOK BLOOD SAMPLES. HOWEVER,
WHEN IT BECAME NECESSARY TO GIVE OUT FURTHER QUESTIONNAIRES AND TAKE
ADDITIONAL BLOOD SAMPLES FROM OTHER AREA RESIDENTS, THE SITUATION
CHANGED. A GENERAL PUBLIC ANNOUNCEMENT WAS MADE TO COME TO THE 99TH
STREET SCHOOL TO HAVE A BLOOD SAMPLE TAKEN (EXHIBIT 8). HUNDREDS OF
PEOPLE SHOWED UP AT THE SAME TIME. THE FOUR TECHNICIANS WHO WERE
PRESENT WERE TOTALLY OVERWHELMED BY THE SITUATION. NO EFFORT WAS MADE
TO SEPARATE THE PEOPLE WAITING TO HAVE THEIR BLOOD DRAWN FROM THOSE
HAVING IT DONE. SCREAMING CHILDREN COUPLED WITH HIGH SUMMER
TEMPERATURES AND OVERCROWDING CONDITIONS RESULTED IN AN UNNECESSARILY
UNBEARABLE SITUATION. TO MAKE MATTERS WORSE, AS PEOPLE LEFT THEY WERE
GIVEN A HEALTH QUESTIONNAIRE AND ASKED TO FILL IT OUT. FEW PEOPLE CARED
AT ALL ABOUT THIS QUIESTIONNAIRE. A LITTLE PLANNING AND ORGANIZATION
COULD HAVE AVOIDED THIS SITUATION AND PROVIDED BETTER RESPONSE TO THE
QUESTIONAAIRE WHICH MANY PEOPLE JUST DID NOT TAKE THE TIME TO PROPERLY
FILL OUT.
ALL OF THESE EXAMPLES DESCRIBE IN PART THE DIFFICULTIES I HAVE
EXPERIENCED. I HAVE TRIED TO LIMIT MY COMMENTS BECAUSE THE STORIES
COULD GO ON FOREVER AS EVEN TODAY IS PART OF STILL ANOTHER STORY. I
WILL NOW FINISH MY TESTIMONY BY MAKING SEVERAL SUGGESTIONS AND
RECOMMENDATIONS. FIRST OF ALL IT IS APPARENT THAT A MEANS FOR
RESPONDING TO ENVIRONMENTAL INCIDENTS SUCH AS LOVE CANAL MUST BE
PROVIDED BY THE FEDERAL GOVERNMENT.
TESTIMONY OF GIBBS L M
HAZARDOUS WASTE DISPOSAL
TESTIMONY PRESENTED TO THE HOUSE SUBCOMMITTEE, 790321
EMERGENCY PLAN-LOVE CANAL, 780809
NEWS RELEASE, 781211
CORNELL UNIVERSITY ASSESSMENT, 780000
MISCARRIAGE AND LIVER FUNCTION DATA, 781025
RE: POZNIAK K, 780825
RE: POZNIAK K, 780822
RE: STARR J M, 780913
SUMMARY OF RECORDS BELONGING TO STARR J
SAMPLING PLAN CHEMICAL MIGRATION, LOVE CANAL, 780915
SOIL AND SUMPS SAMPLING PLAN FOR LOVE CANAL, 781004
SAMPLING PLAN TO DEFINE THE EXTENT OF CHEMICAL MIGRATION FROM THE LOVE CANAL
LOVE CANAL TASK FORCE INFORMATIONAL BULLETIN, 781013
PART 021 OF 54
GIBBS L M PRESIDENT
PHILIPSON W SENIOR RESEARCH ASSOCIATE
HAUGHIE
GILLICK W C
GRABIEC S V
RICHARD N B
MCMAHON W J
RAGUSA M J
RAMCHAND S
OUWENS R
COUNTERMAN P R
LOVE CANAL HOMEOWNERS ASSOCIATION
NEW YORK STATE HEALTH DEPARTMENT
CORNELL UNIVERSITY SCHOOL OF CIVIL AND ENVIRONMENTAL ENGINEERS REMOTE
SENSING PROGRAM ITHACA, NY
NEW YORK STATE DEPARTMENT OF HEALTH
NIAGARA OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES, P.C. 644 PARK
PLACE NIAGARA FALLS, NY 14301
NIAGARA PEDIATRIC ASSOCIATES, P.C. 706 NINTH STREET NIAGARA FALLS,
NY 14301
1077 DELAWARE ROAD KENMORE, NY 11223
513 3RD ST NIAGARA FALLS, NY 14301
151 BUFFALO AVE
1600 UNITED OFFICE BUILDING NIAGARA FALLS, NY 14303
709 9TH STREET, CARSON BUILDING NIAGARA FALLS, NY 14301
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NEW YORK STATE DEPARTMENT OF TRANSPORTATION
109429
HEARINGS
HOUSE
TRANSCRIPT
ARTICLE CLIPPING
REPORT STUDY
CORRESPONDENCE
A GROUP ANALOGOUS TO THE INFECTIOUS DISEASE RESPONSE UNIT OF THE
CENTER FOR DISEASE CONTROL SHOULD BE SET UP TO RESPOND TO ENVIRONMENTAL
EMERGENCIES THAT REQURE IMMEDIATE ACTION AND SPECIAL EXPERTISE.
SPECIALISTS IN THE EFFECTS AND SO ON COULD BE ALERTED AND CALLED IN AS
NEEDED. THIS DID NOT HAPPEN AT LOVE CANAL. WE ARE THE FIRST BUT WE ARE
NOT LIKELY TO BE THE LAST. SOMETHING MUST BE DONE.
SUCH AN AGENCY WOULD PROVIDE AN AGENCY RESPONSIBLE TO PICK UP THE
COSTS OF THE STUDIES NEEDED AND POSSIBLY FOR THE REMEDIAL CONSTRUCTION.
IT WOULD ALSO PROVIDE A MECHANISM FOR ENSURING THAT A STATE AGENCY WITH
LIMITED RESOURCES WOULD NOT BE FACED WITH THE DIFFICULT TALK OF
RESPONDING TO SUCH AN EMERGENCY. IT WOULD ALSO ENSURE THAT AN "OUTSIDE"
GROUP OF EXPERTS WHO WOULD NOT BE INVOLVED IN THE SITUATION AND WHO
WOULD HAVE NO REAL OR VESTED INTEREST IN ANY OUTCOME OF THE STUDIES
WOULD BE INVOLVED. THIS OUTSIDE GROUP COULD THUS CONDUCT AN OBJECTIVE
SCIENTIFIC STUDY OF EXISTING HEALTH PROBLEMS.
IF NECESSARY A SPECIAL "BLUE RIBBON PANEL" OF EXPERTS COULD BE
COLLECTED AND ASKED TO FURTHER REVIEW THE DATA. HOWEVER, THE IDENTIFY
OF SUCH AN ADVISORY GROUP SHOULD BE PUBLICLY ANNOUNCED AND ITS FINDINGS
AND RECOMMENDATIONS MADE AVAILABLE IMMEDIATEY IF URGENCY IS REQUIRED.
AT LOVE CANAL SUCH A BLUE RIBBON PANEL HAS BEEN INVOLVED BUT ITS MEMBERS
AND RECOMMENDATIONS HAVE BEEN KEPT SECRET. IF URGENCY IS NOT NEEDED,
THEN INTERIM REPORTS SHOULD BE AVAILABLE AS SHOULD MINUTES OF THE
MEETINGS. IN EITHER CASE, SUFFICIENT TIME SHOULD BE PROVIDED FOR SUCH A
COMMITTEE TO PROPERLY COMPLETE ITS TASK.
TESTIMONY OF GIBBS L M
HAZARDOUS WASTE DISPOSAL
TESTIMONY PRESENTED TO THE HOUSE SUBCOMMITTEE, 790321
EMERGENCY PLAN-LOVE CANAL, 780809
NEWS RELEASE, 781211
CORNELL UNIVERSITY ASSESSMENT, 780000
MISCARRIAGE AND LIVER FUNCTION DATA, 781025
RE: POZNIAK K, 780825
RE: POZNIAK K, 780822
RE: STARR J M, 780913
SUMMARY OF RECORDS BELONGING TO STARR J
SAMPLING PLAN CHEMICAL MIGRATION, LOVE CANAL, 780915
SOIL AND SUMPS SAMPLING PLAN FOR LOVE CANAL, 781004
SAMPLING PLAN TO DEFINE THE EXTENT OF CHEMICAL MIGRATION FROM THE LOVE CANAL
LOVE CANAL TASK FORCE INFORMATIONAL BULLETIN, 781013
PART 022 OF 54
GIBBS L M PRESIDENT
PHILIPSON W SENIOR RESEARCH ASSOCIATE
HAUGHIE
GILLICK W C
GRABIEC S V
RICHARD N B
MCMAHON W J
RAGUSA M J
RAMCHAND S
OUWENS R
COUNTERMAN P R
LOVE CANAL HOMEOWNERS ASSOCIATION
NEW YORK STATE HEALTH DEPARTMENT
CORNELL UNIVERSITY SCHOOL OF CIVIL AND ENVIRONMENTAL ENGINEERS REMOTE
SENSING PROGRAM ITHACA, NY
NEW YORK STATE DEPARTMENT OF HEALTH
NIAGARA OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES, P.C. 644 PARK
PLACE NIAGARA FALLS, NY 14301
NIAGARA PEDIATRIC ASSOCIATES, P.C. 706 NINTH STREET NIAGARA FALLS,
NY 14301
1077 DELAWARE ROAD KENMORE, NY 11223
513 3RD ST NIAGARA FALLS, NY 14301
151 BUFFALO AVE
1600 UNITED OFFICE BUILDING NIAGARA FALLS, NY 14303
709 9TH STREET, CARSON BUILDING NIAGARA FALLS, NY 14301
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NEW YORK STATE DEPARTMENT OF TRANSPORTATION
109430
HEARINGS
HOUSE
TRANSCRIPT
ARTICLE CLIPPING
REPORT STUDY
CORRESPONDENCE
WE HAVE MADE MANY REQUESTS FOR SUCH AN OUTSIDE GROUP TO COME TO LOVE
CANAL AND REVIEW THE EXISTING DATA OR EVEN CONDUCT A NEW STUDY WHICH
WOULD INCLUDE A CONTROL POPULATION. NO FEDERAL AGENCY HAS RESPONDED TO
OUR REQUESTS CLAIMING THEY HAVE NO AUTHORITY TO DO SO.
FINALLY, I WOULD LIKE TO SAY THAT WE HAVE FACED MANY PROBLEMS AT LOVE
CANAL, SOME OF WHICH HAVE BEEN SOLVED. YET MANY OTHERS REMAIN, I HOPE
THE CONGRESSMAN AND WOMEN WHO ARE HERE TODAY HAVE GRASPED A SENSE OF THE
AWFULNESS OF OUR SITUATION. BUT NO AUTHORITIES OR AGENCIES ARE WILLING
TO TAKE A STAND AND HELP US. I ASK THAT YOU DO WHAT YOU CAN FOR US AND
DO WHAT YOU MUST TO PREVENT WHAT HAS HAPPENED AT LOVE CANAL FROM EVER
HAPPENING AGAIN.
TESTIMONY OF GIBBS L M
HAZARDOUS WASTE DISPOSAL
TESTIMONY PRESENTED TO THE HOUSE SUBCOMMITTEE, 790321
EMERGENCY PLAN-LOVE CANAL, 780809
NEWS RELEASE, 781211
CORNELL UNIVERSITY ASSESSMENT, 780000
MISCARRIAGE AND LIVER FUNCTION DATA, 781025
RE: POZNIAK K, 780825
RE: POZNIAK K, 780822
RE: STARR J M, 780913
SUMMARY OF RECORDS BELONGING TO STARR J
SAMPLING PLAN CHEMICAL MIGRATION, LOVE CANAL, 780915
SOIL AND SUMPS SAMPLING PLAN FOR LOVE CANAL, 781004
SAMPLING PLAN TO DEFINE THE EXTENT OF CHEMICAL MIGRATION FROM THE LOVE CANAL
LOVE CANAL TASK FORCE INFORMATIONAL BULLETIN, 781013
PART 023 OF 54
GIBBS L M PRESIDENT
PHILIPSON W SENIOR RESEARCH ASSOCIATE
HAUGHIE
GILLICK W C
GRABIEC S V
RICHARD N B
MCMAHON W J
RAGUSA M J
RAMCHAND S
OUWENS R
COUNTERMAN P R
LOVE CANAL HOMEOWNERS ASSOCIATION
NEW YORK STATE HEALTH DEPARTMENT
CORNELL UNIVERSITY SCHOOL OF CIVIL AND ENVIRONMENTAL ENGINEERS REMOTE
SENSING PROGRAM ITHACA, NY
NEW YORK STATE DEPARTMENT OF HEALTH
NIAGARA OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES, P.C. 644 PARK
PLACE NIAGARA FALLS, NY 14301
NIAGARA PEDIATRIC ASSOCIATES, P.C. 706 NINTH STREET NIAGARA FALLS,
NY 14301
1077 DELAWARE ROAD KENMORE, NY 11223
513 3RD ST NIAGARA FALLS, NY 14301
151 BUFFALO AVE
1600 UNITED OFFICE BUILDING NIAGARA FALLS, NY 14303
709 9TH STREET, CARSON BUILDING NIAGARA FALLS, NY 14301
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NEW YORK STATE DEPARTMENT OF TRANSPORTATION
109431
HEARINGS
HOUSE
TRANSCRIPT
ARTICLE CLIPPING
REPORT STUDY
CORRESPONDENCE
/1/ SUGGESTED MAKES, MODES, ETC.
EXHIBIT 1A, 8/9/78
DURING TRENCHING AND PLACEMENT OF DRAIN TITLE, THERE IS A DISTINCT
POSSIBILITY THAT CONTAINERS OF BURIED CHEMICALS WILL BE DISTURBED. AT
LEAST THREE KINDS OF HAZARDS MAY BE ANTICIPATED: RELEASE OF TOXIC GASES
AND VAPORS, SKIN CONTACT WITH TOXIC OR CAUSTIC MATERIALS, OR EXPLOSION
OR FIRE.
IT IS POSSIBLE TO MONITOR AIR IN THE WORK AREA FOR BUILD UP OF SOME,
BUT NOT ALL, TOXIC GASES. GASES RELEASED MAY SPREAD TO NEARBY HOMES AND
RAPID DETECTION IS NECESSARY TO ALLOW TIME TO EVACUATE RESIDENTS. A
COMMERCIAL ON-LINE AIR MONITORING DEVICE /1/ SHOULD SAMPLE AIR FROM
WORDS MISSING THE CUT DURING WORK WORDS MISSING. ADDITIONAL PROTECTION
OF WORKERS AGAINST GASES INCLUDES FORCED VENTILATION OF THE TRENCH, USE
OF GAS MASKS WITH ALL-PURPOSE CANISTERS, OR USE OF AIR PACKS IN
EMERGENCY SITUATIONS. SHOULD A GAS RELEASE OCCUR: (1) EVACUATE WORKERS
FROM IMMEDIATE AREA; (2) EVACULATE RESIDENTS DOWNWIND; (3) IF THERE
ARE VICTIMS, REMOVE TO GOOD AIR BY PERSONS WEARING AIR PACKS; (4) APPLY
APPROPRIATE FIRST AID (CPR, 02, ETC.); AND (5) TRANSPORT TO A
PRESELECTED HOSPITAL.
SKIN CONTACT WITH TOXIC OR CAUSTIC COMPOUNDS CAN BE PREVENTED BY
PROTECTIVE CLOTING; BOOTS, WATERPROOF SUITS, HARD HATS, FACE SHIELDS,
GLOVES, ETC. SHOULD CONTACT OCCUR, FACILITIES TO WASH MUST BE
IMMEDIATELY AVAILABLE TO PREVENT SYSTEMIC ABSORPTION OF TOXIC COMPOUNDS
OR SKIN INJURY. SHOWERS IN NEARBY HOMES WILL BE USED IN AN EMERGENCY.
REMOVE ALL CONTAMINATED CLOTHES AND WAS THOROUGHLY AT ONCE. MEDICAL AS
THERE MAY BE DELAY BETWEEN SKIN CONTACT AND ONSET OF ILLNESS.
TESTIMONY OF GIBBS L M
HAZARDOUS WASTE DISPOSAL
TESTIMONY PRESENTED TO THE HOUSE SUBCOMMITTEE, 790321
EMERGENCY PLAN-LOVE CANAL, 780809
NEWS RELEASE, 781211
CORNELL UNIVERSITY ASSESSMENT, 780000
MISCARRIAGE AND LIVER FUNCTION DATA, 781025
RE: POZNIAK K, 780825
RE: POZNIAK K, 780822
RE: STARR J M, 780913
SUMMARY OF RECORDS BELONGING TO STARR J
SAMPLING PLAN CHEMICAL MIGRATION, LOVE CANAL, 780915
SOIL AND SUMPS SAMPLING PLAN FOR LOVE CANAL, 781004
SAMPLING PLAN TO DEFINE THE EXTENT OF CHEMICAL MIGRATION FROM THE LOVE CANAL
LOVE CANAL TASK FORCE INFORMATIONAL BULLETIN, 781013
PART 024 OF 54
GIBBS L M PRESIDENT
PHILIPSON W SENIOR RESEARCH ASSOCIATE
HAUGHIE
GILLICK W C
GRABIEC S V
RICHARD N B
MCMAHON W J
RAGUSA M J
RAMCHAND S
OUWENS R
COUNTERMAN P R
LOVE CANAL HOMEOWNERS ASSOCIATION
NEW YORK STATE HEALTH DEPARTMENT
CORNELL UNIVERSITY SCHOOL OF CIVIL AND ENVIRONMENTAL ENGINEERS REMOTE
SENSING PROGRAM ITHACA, NY
NEW YORK STATE DEPARTMENT OF HEALTH
NIAGARA OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES, P.C. 644 PARK
PLACE NIAGARA FALLS, NY 14301
NIAGARA PEDIATRIC ASSOCIATES, P.C. 706 NINTH STREET NIAGARA FALLS,
NY 14301
1077 DELAWARE ROAD KENMORE, NY 11223
513 3RD ST NIAGARA FALLS, NY 14301
151 BUFFALO AVE
1600 UNITED OFFICE BUILDING NIAGARA FALLS, NY 14303
709 9TH STREET, CARSON BUILDING NIAGARA FALLS, NY 14301
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NEW YORK STATE DEPARTMENT OF TRANSPORTATION
109432
HEARINGS
HOUSE
TRANSCRIPT
ARTICLE CLIPPING
REPORT STUDY
CORRESPONDENCE
REPORTS OF CHILDREN IN THE AREA PLAYING WITH "FIRE STONES" FOUND IN
THE LANDFILL INDICATE HIGH PROBABILITY OF PRESENCE OF PHOSPHORUS AND
OTHER PYROPHORIC SUBSTANCES IN THE TRENCH. CONTACT BETWEEN MECHANICAL
DIGGERS AND SUCH COMPOUNDS, OR CONTACT BETWEEN AGENTS BURST FROM
CONTAINERS AND AIR, WATER, OR OTHER CHEMICALS MAY CAUSE FIRE, OR FIRE
AND EXPLOSION, WHICH MAY BE ACCOMPANIED BY TRAUMA, SKIN CONTACT (SEE
ABOVE) OR RELEASE OF TOXIC GASES (SEE ABOVE). PREVENTION IS ALMOST
IMPOSSIBLE IF THE PROPER INGREDIENTS ARE PRESENT WHERE DIGGING OCCURS.
SPARKING FROM DIGGER EQUIPMENT CAN BE MINIMIZED BY USE OF NONSPARKING
BUCKETS AND POINTS, ETC. MINIMAL INJURY WILL RESULT IF ONLY THOSE
WORKERS WHO ABSOLUTELY MUST BE PRESENT ARE ALLOWED AT THE DIGGER AND ALL
OTHERS BE KEPT AWAY. SHOULD FIRE OR EXPLOSION OCCUR, EVACUATION TO
SAFETY AND ADMINISTER APPROPRIATE FIRST AID.
AREA HOSPITALS, EMERGENCY ROOM CAPABILITIES, ETC. FOLLOW:
TO CALL AN AMBULANCE DIAL:
TO CALL FIREMEN DIAL:
TO CALL EMERGENCY RESCUE DIAL:
TESTIMONY OF GIBBS L M
HAZARDOUS WASTE DISPOSAL
TESTIMONY PRESENTED TO THE HOUSE SUBCOMMITTEE, 790321
EMERGENCY PLAN-LOVE CANAL, 780809
NEWS RELEASE, 781211
CORNELL UNIVERSITY ASSESSMENT, 780000
MISCARRIAGE AND LIVER FUNCTION DATA, 781025
RE: POZNIAK K, 780825
RE: POZNIAK K, 780822
RE: STARR J M, 780913
SUMMARY OF RECORDS BELONGING TO STARR J
SAMPLING PLAN CHEMICAL MIGRATION, LOVE CANAL, 780915
SOIL AND SUMPS SAMPLING PLAN FOR LOVE CANAL, 781004
SAMPLING PLAN TO DEFINE THE EXTENT OF CHEMICAL MIGRATION FROM THE LOVE CANAL
LOVE CANAL TASK FORCE INFORMATIONAL BULLETIN, 781013
PART 025 OF 54
GIBBS L M PRESIDENT
PHILIPSON W SENIOR RESEARCH ASSOCIATE
HAUGHIE
GILLICK W C
GRABIEC S V
RICHARD N B
MCMAHON W J
RAGUSA M J
RAMCHAND S
OUWENS R
COUNTERMAN P R
LOVE CANAL HOMEOWNERS ASSOCIATION
NEW YORK STATE HEALTH DEPARTMENT
CORNELL UNIVERSITY SCHOOL OF CIVIL AND ENVIRONMENTAL ENGINEERS REMOTE
SENSING PROGRAM ITHACA, NY
NEW YORK STATE DEPARTMENT OF HEALTH
NIAGARA OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES, P.C. 644 PARK
PLACE NIAGARA FALLS, NY 14301
NIAGARA PEDIATRIC ASSOCIATES, P.C. 706 NINTH STREET NIAGARA FALLS,
NY 14301
1077 DELAWARE ROAD KENMORE, NY 11223
513 3RD ST NIAGARA FALLS, NY 14301
151 BUFFALO AVE
1600 UNITED OFFICE BUILDING NIAGARA FALLS, NY 14303
709 9TH STREET, CARSON BUILDING NIAGARA FALLS, NY 14301
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NEW YORK STATE DEPARTMENT OF TRANSPORTATION
109433
HEARINGS
HOUSE
TRANSCRIPT
ARTICLE CLIPPING
REPORT STUDY
CORRESPONDENCE
INVENTORY OF EMERGENCY EQUIPMENT TO BO ON SITE
1. FIRST AID KIT
2. BASKET LITER
3. GAS MASKS (ALL-PURPOSE CANISTERS)
4. BLANKETS (SHOCK, WRAP PEOPLE WHO LOSE CONTAMINATED CLOTHES)
5. TWO GAS MONITORING UNIT(S)
6. AIR PACKS (SCOTT, MSA, ETC.) WITH 30 MIN AIR SUPPLY.
TESTIMONY OF GIBBS L M
HAZARDOUS WASTE DISPOSAL
TESTIMONY PRESENTED TO THE HOUSE SUBCOMMITTEE, 790321
EMERGENCY PLAN-LOVE CANAL, 780809
NEWS RELEASE, 781211
CORNELL UNIVERSITY ASSESSMENT, 780000
MISCARRIAGE AND LIVER FUNCTION DATA, 781025
RE: POZNIAK K, 780825
RE: POZNIAK K, 780822
RE: STARR J M, 780913
SUMMARY OF RECORDS BELONGING TO STARR J
SAMPLING PLAN CHEMICAL MIGRATION, LOVE CANAL, 780915
SOIL AND SUMPS SAMPLING PLAN FOR LOVE CANAL, 781004
SAMPLING PLAN TO DEFINE THE EXTENT OF CHEMICAL MIGRATION FROM THE LOVE CANAL
LOVE CANAL TASK FORCE INFORMATIONAL BULLETIN, 781013
PART 026 OF 54
GIBBS L M PRESIDENT
PHILIPSON W SENIOR RESEARCH ASSOCIATE
HAUGHIE
GILLICK W C
GRABIEC S V
RICHARD N B
MCMAHON W J
RAGUSA M J
RAMCHAND S
OUWENS R
COUNTERMAN P R
LOVE CANAL HOMEOWNERS ASSOCIATION
NEW YORK STATE HEALTH DEPARTMENT
CORNELL UNIVERSITY SCHOOL OF CIVIL AND ENVIRONMENTAL ENGINEERS REMOTE
SENSING PROGRAM ITHACA, NY
NEW YORK STATE DEPARTMENT OF HEALTH
NIAGARA OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES, P.C. 644 PARK
PLACE NIAGARA FALLS, NY 14301
NIAGARA PEDIATRIC ASSOCIATES, P.C. 706 NINTH STREET NIAGARA FALLS,
NY 14301
1077 DELAWARE ROAD KENMORE, NY 11223
513 3RD ST NIAGARA FALLS, NY 14301
151 BUFFALO AVE
1600 UNITED OFFICE BUILDING NIAGARA FALLS, NY 14303
709 9TH STREET, CARSON BUILDING NIAGARA FALLS, NY 14301
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NEW YORK STATE DEPARTMENT OF TRANSPORTATION
109434
HEARINGS
HOUSE
TRANSCRIPT
ARTICLE CLIPPING
REPORT STUDY
CORRESPONDENCE
MICROFORM REFILMED; SEE APPENDICES.
A DAYTON, OHIO LABORATORY REQUESTED BY THE STATE HEALTH DEPARTMENT TO
TEST LEACHATE FROM A LOVE CANAL TRENCH FOR DIOXIN HAS DETECTED MINUTE
QUANTITIES OF THE SUBSTANCE DR. ROBERT P. WHALEN, STATE HEALTH
COMMISSIONER, SAID TODAY. STATE HEALTH DEPARTMENT SCIENTISTS WERE
WORKING OVER THE WEEKEND TO CONFIRM THE FINDINGS DR. WHALEN SAID. THE
SAMPLE WAS TAKEN FROM A TRENCH BEING DUG IN CONNECTION WITH REMEDIAL
CONSTRUCTION WORK AT THE CANAL TO HALT THE FURTHER MIGRATION OF
CHEMICALS. "WE SELECTED THE OHIO LABORATORY LOCATED AT WRIGHT STATE
UNIVERSITY BECAUSE OF ITS PRIOR EXPERIENCE IN TESTING FOR DIOXIN AND
BECAUSE WE WANTED TO UTILIZE AT LEAST TWO LABORATORIES, INCLUDING OUR
OWN FACILITIES, TO INSURE THE HIGHEST DEGREE OF PROFICIENCY POSSIBLE,"
THE COMMISSIONER SAID. TRACE AMOUNTS OF DIOXIN FOUND IN THE LEACHATE
POSE AN IMMEDIATE HEALTH HAZARD TO RESIDENTS OF THE AREA. "WE ARE
NATURALLY CONCERNED OVER FINDING DIOXIN BUT IT DOES NOT COME AS A
SURPRISE NOR DOES IT CAUSE US TO CHANGE OUR POSITION OR MAKE ANY FURTHER
RECOMMENDATIONS AT THIS TIME, PARTICULARLY, IN VIEW OF THE SMALL AMOUNDS
FOUND," HE SAID. "HOWEVER, WE WILL CONTINUE TO EVALUATE ALL OF THE
EVIDENCE AND NOW WILL BEGIN TESTING ADDITIONAL SOIL AND SUMP WATER
SAMPLES FOR THE PRESENCE OF DIOXIN."
THE COMMISSIONER SAID THE DISCOVERY OF DIOXIN IN AMOUNTS OF BETWEEN 4
AND 17 PARTS PER TRILLION "CONFIRM OUR EARLIER ASSUMPTION AND PUBLIC
EXPRESSION THAT WE WOULD EXPECT TO FIND IT AFTER DETECTING THE PRESENCE
OF TRICHLOROPHENOL, A SUBSTANCE USED WIDELY IN THE MANUFACTURE OF
HERBICIDES." "DIOXIN," HE SAID, "IS A CONTAMINANT BY-PRODUCT WHICH HAS
OCCURRED IN THE MANUFACTURE OF TRICHLOROPHENOLS."
TESTIMONY OF GIBBS L M
HAZARDOUS WASTE DISPOSAL
TESTIMONY PRESENTED TO THE HOUSE SUBCOMMITTEE, 790321
EMERGENCY PLAN-LOVE CANAL, 780809
NEWS RELEASE, 781211
CORNELL UNIVERSITY ASSESSMENT, 780000
MISCARRIAGE AND LIVER FUNCTION DATA, 781025
RE: POZNIAK K, 780825
RE: POZNIAK K, 780822
RE: STARR J M, 780913
SUMMARY OF RECORDS BELONGING TO STARR J
SAMPLING PLAN CHEMICAL MIGRATION, LOVE CANAL, 780915
SOIL AND SUMPS SAMPLING PLAN FOR LOVE CANAL, 781004
SAMPLING PLAN TO DEFINE THE EXTENT OF CHEMICAL MIGRATION FROM THE LOVE CANAL
LOVE CANAL TASK FORCE INFORMATIONAL BULLETIN, 781013
PART 027 OF 54
GIBBS L M PRESIDENT
PHILIPSON W SENIOR RESEARCH ASSOCIATE
HAUGHIE
GILLICK W C
GRABIEC S V
RICHARD N B
MCMAHON W J
RAGUSA M J
RAMCHAND S
OUWENS R
COUNTERMAN P R
LOVE CANAL HOMEOWNERS ASSOCIATION
NEW YORK STATE HEALTH DEPARTMENT
CORNELL UNIVERSITY SCHOOL OF CIVIL AND ENVIRONMENTAL ENGINEERS REMOTE
SENSING PROGRAM ITHACA, NY
NEW YORK STATE DEPARTMENT OF HEALTH
NIAGARA OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES, P.C. 644 PARK
PLACE NIAGARA FALLS, NY 14301
NIAGARA PEDIATRIC ASSOCIATES, P.C. 706 NINTH STREET NIAGARA FALLS,
NY 14301
1077 DELAWARE ROAD KENMORE, NY 11223
513 3RD ST NIAGARA FALLS, NY 14301
151 BUFFALO AVE
1600 UNITED OFFICE BUILDING NIAGARA FALLS, NY 14303
709 9TH STREET, CARSON BUILDING NIAGARA FALLS, NY 14301
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NEW YORK STATE DEPARTMENT OF TRANSPORTATION
109435
HEARINGS
HOUSE
TRANSCRIPT
ARTICLE CLIPPING
REPORT STUDY
CORRESPONDENCE
EXHIBIT 2
BECAUSE OF MAJOR CONCERNS WITH THE INADEQUATE INFORMATION ON THE
HYDROGEOLOGY OF THE LANDFILL SITE, ASSISTANCE WAS SOUGHT AND OBTAINED
FROM THE SCHOOL OF CIVIL AND ENVIRONMENTAL ENGINEERING LEACHATE
CONTAMINATION WAS CARRIED OUT AND EXTENSIVE AERIAL INFRA-RED PHOTOGRAPHY
OF THE AREA WAS CONDUCTED UNDER THE DIRECTION OF A CORNELL UNIVERSITY
SCIENTIST. THE INFORMATION OBTAINED APPEARS TO ADD CREDENCE TO THE
MAJOR CONCERNS FOR EXTENSION OF LEACHATE OUT OF THE CANAL VOICED
REPEATEDLY BY BOTH THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY AND THE
STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION. THESE DATA APPEAR TO BE
CRITICAL IN ASSESSING THE LIKELIHOOD OF A TOTALLY SUCCESSFUL PROGRAM FOR
CONTROL OF THE LANDFILL LEACHATE.
TESTIMONY OF GIBBS L M
HAZARDOUS WASTE DISPOSAL
TESTIMONY PRESENTED TO THE HOUSE SUBCOMMITTEE, 790321
EMERGENCY PLAN-LOVE CANAL, 780809
NEWS RELEASE, 781211
CORNELL UNIVERSITY ASSESSMENT, 780000
MISCARRIAGE AND LIVER FUNCTION DATA, 781025
RE: POZNIAK K, 780825
RE: POZNIAK K, 780822
RE: STARR J M, 780913
SUMMARY OF RECORDS BELONGING TO STARR J
SAMPLING PLAN CHEMICAL MIGRATION, LOVE CANAL, 780915
SOIL AND SUMPS SAMPLING PLAN FOR LOVE CANAL, 781004
SAMPLING PLAN TO DEFINE THE EXTENT OF CHEMICAL MIGRATION FROM THE LOVE CANAL
LOVE CANAL TASK FORCE INFORMATIONAL BULLETIN, 781013
PART 028 OF 54
GIBBS L M PRESIDENT
PHILIPSON W SENIOR RESEARCH ASSOCIATE
HAUGHIE
GILLICK W C
GRABIEC S V
RICHARD N B
MCMAHON W J
RAGUSA M J
RAMCHAND S
OUWENS R
COUNTERMAN P R
LOVE CANAL HOMEOWNERS ASSOCIATION