Chemical Weapons Working Group
P.O. Box 467; Berea, KY 40403
606-986-7565

for further information:
Craig Williams: (606) 986-7565
Beth Fraser: (706) 235-0131
Keith Clark: (334) 279-5600

for immediate release: Wednesday, September 3, 1998

WATERSHED PROTECTION ORGANIZATION FILES SUIT TO STOP CHEMICAL WEAPONS INCINERATOR CONSTRUCTION IN ALABAMA

Organization with members in Alabama and Georgia claim permit is "invalid."

The Coosa River Basin Initiative (CRBI), a Georgia-based watershed advocacy group with members in Alabama, today filed suit in the Montgomery Circuit Court to have the permit to build a chemical weapons incinerator in Anniston declared invalid.

The complaint, filed by Montgomery attorney Keith Clark, on behalf of CRBI, contained three counts against the Alabama Department of Environmental Management which CRBI claims violated either Alabama State law or ADEM's own Administrative Code. Based on these claims CRBI is requesting that the Court find the permit "invalid and void."

Specifically, CRBI claims that:

1) ADEM adopted a cancer risk standard as "acceptable" without following proper procedure under Alabama law requiring such standards be noticed to the public and a reasonable opportunity given to "submit data, views, or arguments on such standards.";

2) The decision by ADEM to issue the permit was "arbitrary and capricious" because ADEM allowed the operator of the facility to be "exempt" from the requirement that the operator "certify that the (permit) application and all attachments were prepared under his or her direction and supervision." ; and

3) ADEM violated Alabama Code when it adopted the exemption referenced in Count II without giving notice to the public and a reasonable opportunity given to "submit data, views, or arguments on such standards."

Beth Fraser, CRBI's Executive Director said, "Public notice, public awareness and public participation are components in our society that, in these types of circumstances, are required and should be taken very, very seriously. To exclude the public from decisions that will affect their health, their family's health, and the well-being of their communities is not only disrespectful, but it is against the law."

The chemical weapons incinerator, currently under construction, has already been challenged in a separate action under ADEM's Administrative Hearing procedure by several Alabama citizens groups in an effort to have the incineration construction halted while safer, more protective treatment approaches are developed.

Just last month three alternative technology companies were awarded contracts by the Pentagon to demonstrate their non-incineration disposal processes under the Congressionally-directed Alternative Chemical Weapons Assessment Program(ACWA).

Local fisherman and CRBI member Richard Marcus, said, "We already have advisories throughout the Coosa River Basin system from PCBs, mercury and other contaminants. We can't even eat what we catch now! Is a huge chemical chemical weapons incinerator going to help? What goes up must come down. You burn chemical weapons in your neighborhood 24 hours a day, 7 days a week and see if you don't worry about your water quality."

Craig Williams, spokesperson for the Kentucky-based Chemical Weapons Working Group, a national organization that advocates alternative disposal methods to incineration said, "Although we are not a party to this complaint, we fully support the actions being undertaken by those in Alabama and Georgia to protect their natural resources. Incineration is a major producer of toxic emissions and no one should be allowed to burn such chemicals anywhere."

Currently the chemical stockpiles stored in Maryland and Indiana will be treated by alternative methods and Congress has placed a moratorium on incineration construction in Kentucky and Colorado until other methods are demonstrated and evaluated.

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A complete copy of the CRBI complaint is available from the CWWG or CRBI office.

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