A publication of Work On Waste USA, Inc., 82 Judson, Canton, NY 13617 315-379-9200 OCTOBER 1993
On Saturday, NOVEMBER 6,
at 10 AM, there will be a
NATIONAL ANTI-INCINERATION RALLY
across from the White House in Lafayette Park.
Once again the citizens in the East Liverpool area are asking all of us to help stop the outrage that is taking place in their community. On December 7, 1992, Vice President-elect Al Gore promised to help the residents of East Liverpool, Ohio. Al Gores promises were empty words. Gore has done nothing. Von Rolls WTI incinerator --Americas largest capacity hazardous waste incinerator-- has been permitted to spew its poisons If Al Gore cannot use his office to stand up to this one greedy corporation, then what chance has he got to help restore a balance to Planet Earth? Ohio Valley residents and Greenpeace are initiating a recall of Al Gores book, Earth in the Balance. Please bring your copy of the book to the NOV. 6th Rally, with your personal messages to the administration written inside the front cover.
ACTIONS SPEAK LOUDER THAN WORDS The books will be returned to
Cartoon by Peter Connett Al Gore at the White House.
According to renowned public health expert Dr. David Ozonoff:
[T]he WTI facility is the worst siting decision I have seen in my twenty-five years of practice in public health. Locating a major hazardous waste incinerator 300 feet from the nearest residence and 1100 feet from an elementary school with 400 children...amounts to administrative incompetence if not malfeasance in office...and does violence to common sense.
VON ROLL NEVER HAD A VALID PERMIT
In June, the Attorney General of Ohio, Lee Fisher, released an investigative report into Von Rolls WTI incinerator. According to the Attorneys General report:
Under Ohio hazardous waste When a facility has changed As divulged by the law, no person may treat, hands, the facility must information obtained during store, or dispose of instead apply for a permit the investigation, WTI has hazardous waste unless that change known as a undergone a series of person possesses a permit modification or revision. changes. WTI has neither from the Hazardous Waste If a buyer or other applied for nor received any Facility Board (HWFB). R.C. transferee of a hazardous revisions or modifications 3734.02(E), (F), waste facility treats, of the permit authorizing RC.3734.05(C). Once a stores, or disposes of installation and operation person has a permit, that hazardous waste at the under these circumstances, person may not transfer the facility without modification in violation of R.C.3734(E) permit to another person or revision of the permit, and R.C.3734.05. without permission from the that person is owning or State. Page 82. operating the permit in violation of R.C.3734.02(E) and R.C. 3734.05(C). Page 83. Page 104. According to the Ohio Attorney Generals Office:
Therefore, the report concludes that WTIs changes of ownership have resulted in unlawful installation and operation of the facility by the current owner, in violation of the three Ohio provisions of law which prohibit ownership and operation without a permit.
Letter to Terri Swearingen from Jack Van Kley, Chief, Environmental Enforcement Section,
Ohio Attorney Generals office, Columbus, Ohio. Dated September 22, 1993.
WTI plant gets $79,000 slap on wrist. Federal regulators yesterday fined [Von Roll]...for failing to notify authorities of a change in operational control of the plant and for improperly storing hazardous waste...The EPA said yesterday that it had decided to approve the transfer after the fact. Also after the fact, the EPA announced yesterday that it was planning to allow Waste Technologies to change its listed owner on its federal permit to Von Roll America Inc.... Cleveland Plain-Dealer, 8-25-93.
A Look at Some of the illegalities that Federal and State Agencies have tolerated to accommodate VON ROLL:
* U.S. EPA Region V officials admitted at a 5-7-92 U.S. Congressional Hearing that they violated federal law when they issued WTI its first permit on June 24, 1983. (See NY Times, 5-8-92, 2 Admit EPA Violated Hazardous Waste Law in Issuing Permit.)
* At the same Congressional Hearing, EPA Region V officials admitted that they had illegally added the Columbiana Port Authoritys name to WTIs permit on 2-3-92. (The Port Authority owned the land where the incinerator is located and by federal law they should have been listed in 1983 as a co-permittee. To address the original illegal permit, EPA Region 5 went their tried-and-true route: engage in more illegalities.)
* The Ohio Attorney General tells us that the company, Von Roll, who built the facility in 1990 did not have an Ohio state permit to build the incinerator and that Von Roll was not the same company who got the EPA permits in 1983.
* In August 1984 the Ohio State Legislature enacted new siting criteria which prohibited the building of a hazardous waste incinerator within 2,000 feet of homes, hospitals and schools. Amazingly, WTI was grandfathered because they obtained their illegal permits in 1983, even though they did not start to build the incinerator till 1990.
Waste Not Comment: Since day one federal EPA Region V has been cynically manipulating the law with respect to the permitting of hazardous waste incinerators in the U.S. With each cynical manipulation they have undermined the public trust in their government and government agencies. Lets spell it out. The name of the game as far as the hazardous waste industry is concerned is to maximize their profits and to minimize their liabilities. Both the Ohio EPA (a state agency) and the federal EPA Region V have helped them at every turn. What are citizens expected to do when they see their government agencies breaking the law? With citizens efforts, perhaps we can persuade Al Gore to force the EPA to obey the laws. The citizens of the Ohio Valley have helped other communities fight incineration projects. Their efforts played a major role in forcing the U.S. EPA to effect an 18-month moratorium, in May 1993, on the permitting of hazardous waste incinerators. Cruelly, the EPA excluded East Liverpool from that moratorium. Please do whatever you can to get Von Rolls incinerator shut down.
THE NOVEMBER 6th RALLY: If you are unable to attend the Rally but would like to support the effort, please mail your book to: Terri Swearingen, Rt.1, Box 365, Rt. 30, Chester, WV 26034, tel: 304-387-0574. If you are interested in non-violent direct action, contact Beth Knapp,216-386-6935 or Niaz Dorry,Greenpeace,202-319-2520