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Dow Chemical
"Illegal" Sweetheart Deal Made Public
Large Watershed Sacrificed by Corrupt Environmental Agency
An agreement
that attorneys for the state earlier described as "illegal"
and "fatally flawed" has been made public today, potentially
relieving Dow Chemical Company of liability for massive contamination
of one of the largest watersheds in the Great Lakes basin. The agreement
could pave the way for citizens to be exposed to higher levels of a potent
developmental and reproductive toxin. It could also set a precedent for
the political manipulation of cleanup standards meant to protect public
health. Dioxin, a persistent and highly toxic chemical was recently discovered
in the flood plain for at least 22 miles downstream from Dow Chemical's
global headquarters in Michigan.
Internal memos obtained two weeks ago by citizens in Saginaw County demonstrated
that top management of the Michigan Department of Environmental Quality
(DEQ) worked hand-in-glove with the Dow Chemical Company to craft the
agreement. Despite outrage by citizens, contradictory advice from DEQ's
own technical staff, and recommendations from the EPA to slow down, the
draft order has now been made public, with a 30 day comment period before
it is final. The order cements the DEQ's intention to relax cleanup standards
before the change in Gubernatorial leadership in the state.
Russ Harding, Director of the MDEQ was recently quoted saying he hoped
to reach an agreement before a new Governor would take office. Although
entrusted with protection of the state's resources, he instead worried
about the cost to Dow Chemical of a cleanup if the company were required
to meet current state standards. "That would be a huge expense for
them for what they think is not money well-spent."
"Are Midland residents and residents throughout the watershed going
to sit back and allow their communities to be labeled as permanent 'dioxin
hot spots,' sacrificed to Dow's political power?" asked Diane Hebert,
a Midland resident, and leader of Environmental Health Watch. "Are
they wiling to accept the potential for an increase in cancers, birth
defects, developmental problems in our children, or damaged immune systems?"
Under the agreement released today:
* A dioxin zone would be created in Midland, where permissible levels
of dioxin in soils will be set at an interim level almost ten times higher
than the health standard that applies in the rest of the state (with provisions
that could relax that number further); and almost 100 times the standard
in several other regions
* The same lax standard could later be applied to highly contaminated
soils along the floodplain of the Tittabawassee River in Saginaw County;
* Key scientific decisions about the risk posed by dioxin and how to address
it would be taken from DEQ scientists and delegated to a process that
Dow could manipulate;
* An important precedent could be set allowing politically powerful polluters
to set more relaxed standards at individual contamination sites, subverting
state law;
* Dow could be relieved of potentially huge financial liabilities for
fouling Midland and areas downstream to Saginaw Bay.
"This is the ultimate outrage in a long line of them," said
Michelle Hurd Riddick, a Saginaw resident and a leader of Lone Tree Council.
"Have they no shame? This corruption couldn't be more blatant, or
more damaging to the public health and to democracy itself."
An earlier version of this agreement was reviewed by attorneys in the
Attorney General's office. At that time, they had the following comments
on the agreement:
"...the order is illegal..." and the order 1) unlawfully purported
to relieve Dow of certain liability to the state, 2) arbitrarily and illegally
established certain "action levels" for dioxin in soils ten
times greater than DEQ's existing statewide standards under Part 201 through
processes not in compliance with Parts 111 and 201, 3) unlawfully delegated
DEQ regulatory authority to private parties, and 4) illegally substituted
"dispute resolution" procedures involving a de novo trial in
Midland County Circuit Court for the administrative and judicial processes
specified in applicable law..."
The attorneys further noted:
"Regardless of DEQ management's own actual motivations for attempting
to immediately conclude a written agreement with Dow on these issues,
many outside observers will inevitably draw the inference that the proposed
agreement is an "11th hour " and "sweetheart deal."
Frankly, we are at a loss to understand why the DEQ would want to unnecessarily
subject itself to such criticism."
"The citizens who have to live in this contamination will not stand
for this," said River Watch Chairman John Taylor. "We live here,
our children play here, we eat the food grown here. Our health and the
health of our children is at stake. We will not rest until we get some
justice and this mess is cleaned up."
"Is this going to be the legacy of John Engler? A totally corrupt
process leading to an illegal deal that leaves Michigan's great watershed
contaminated and Saginaw and Midland residents living and breathing a
toxic mess?" said Terry Miller, leader of the Lone Tree Council.
This massive contamination came to light when citizens learned through
FOIA that high levels of dioxin had been found for miles downstream from
Dow's manufacturing facility. Subsequent testing confirmed that the watershed
and flood plain downriver from Dow's headquarters are contaminated with
elevated levels of dioxin. Levels range from background to more than 7,200
ppt. The state residential cleanup standard is 90 ppt. High levels have
been found in public use areas and parks.
For more information, see http://www.ecocenter.org
For a copy of the consent order released today
http://www.michigan.gov/deq/0,1607,7-135-3311_4109_9846-43808--,00.html
FOR IMMEDIATE RELEASE
Contact:
Michelle Hurd Riddick, Lone Tree Council - 989-799-3313
Diane Hebert, Environmental Health Watch - 989 832-1694
Terry Miller, Lone Tree Council - 989-686-6386
Dave Dempsey, Michigan Environmental Council - 517-487-9539
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