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US COMPANY ON VERGE OF IMPUNITY FOR SHIPPING TOXIC WASTE TO SOUTH AFRICA

Coalition Press Release

WASHINGTON DC, USA, 21 January 1999 --On January 27th, the statute of limitations runs out on a criminal case against a Borden Chemicals and Plastics, a U.S. company which shipped hazardous mercury waste from its Louisiana chemical plant to South Africa. From 1991 to 1994, Borden shipped over 2,500 drums of mercury waste to the Thor Chemicals plant in Cato Ridge, South Africa for "recycling," but the waste remains stockpiled and the barrels are leaking contaminants. Mercury contamination of workers as well as the environment surrounding the plant has been the focus of several criminal and civil investigations in South Africa.

Groups in the U.S. and South Africa are calling on U.S. Assistant Attorney in Newark, Mary Ellen Dugan to bring Borden to justice and to mitigate the toxic contamination.(1)

"U.S. companies should not be allowed to export their hazardous waste and poison people and environments in other countries," said Heeten Kalan, Director of the South Africa Exchange Program on Environmental Justice. "These atrocious crimes need to be brought to justice."

Borden failed to notify the EPA of the exports, as required under RCRA regulation. The last shipment of mercury from Borden, on board the Agulhas, left Newark on Jan 28, 1994. That shipment was recalled by Borden after Greenpeace wrote to the company. It was seized by U.S. Customs and became the focus of the criminal case pursued by the U.S. Attorney in Newark. If the Attorney doesn't hand down an indictment by Jan 27th, the case will be effectively dropped.(2)

"Borden and the U.S. government are partly responsible for the toxic catastrophe at Thor in South Africa," said Kenny Bruno, a toxics specialist with Greenpeace. "The case against Borden is one of the only hopes we have to protect the South African environment from massive mercury contamination."

Mercury is one of the most toxic metals known, build ups in the environment and causes nervous system damage and other severe health problems in humans and wildlife.

"The feasibility of incinerating the mercury bearing waste at Thor is now being considered," said Michael Bender, Executive Director of the Mercury Policy Project. "Burning the mercury waste will result not only in the contamination of the South African environment, but because 35% of the mercury pollution comes from outside the continental U.S., the mercury will also likely contribute to the contamination of fish consumed by Americans," Bender said.

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(1) Groups releasing this press release include Greenpeace, South African Exchange Program on Environmental Justice, Sierra Club International Program, Asia Pacific Environmental Exchange, Basel Action Network, Environmental Justice Networking Forum (South Africa), Center for International Environmental Law, Transnational Resource and Action Center, Women's Community Cancer Project, Citizens Environmental Coalition and Mercury Policy Project

(2) Borden signed a Consent Agreement with the U.S. Department of Justice last year. Borden paid a $3.6 million fine as part of the settlement which included the illegal mercury waste exports as one of three counts.

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Contacts: Kenny Bruno, Greenpeace, 718-788-4402; Heeten Kalan, S.A. Exchange Program on Env. Justice, 617-983-2239; Michael Bender, Mercury Policy Project; 802-223-9000

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