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US EXTENDS CRIMINAL INVESTIGATION OF MERCURY WASTE EXPORTER -- ENVIRONMENTALISTS URGE "RETURN TO SENDER"

Coalition Press Release

WASHINGTON and DURBAN, 28 January 1999 -- In a surprising last minute move, the U.S. Attorney in Newark extended a criminal investigation of illegal exports of toxic mercury-bearing waste by Louisiana-based Borden Chemicals and Plastics to Thor Chemicals in South Africa. The statute of limitations on the case was set to expire yesterday, but Assistant US Attorney Mary Ellen Dugan obtained a 2-week extension, leaving the door open to continue the criminal case against Borden.

Environmental groups in the US and South Africa, who made last minute appeals to keep the case alive, expressed cautious optimism.(1)

"This small window of opportunity gives us new hope for remediation of Borden's negligent exports of toxic mercury waste," said Heeten Kalan, Director of the South Africa Exchange Program on Environmental Justice. "We also hope that this extension is not viewed as a way for Borden to plea bargain its way out of this heinous crime. They need to take full responsibility for all mercury waste they shipped to South Africa."

From 1991 to 1994, Borden shipped over 2,500 drums of mercury-bearing 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 an April 1998 court settlement in a civil case, filed in Louisiana, Borden agreed to a $7 million settlement for cleaning up soil and water contamination in Louisiana. While the initial action filed included the illegal shipments to South Africa, the final settlement makes no mention of this charge.

"This criminal case is our best chance to get those who generated and exported this toxic waste to take responsibility for it," said Kenny Bruno,a toxics specialist with Greenpeace."The U.S. Attorney's action gives hope that we can still avoid a mercury contamination disaster in South Africa."

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 mercury waste should be properly contained, cleaned up and not burned so as to not further expose South Africans or their environment," said Michael Bender of the Mercury Policy Project. "Burning mercury wastes will not only pollute South Africa, but will contribute to higher mercury levels worldwide and in fish consumed by Americans, since one-third of the mercury comes from outside the U.S."

Borden failed to notify the EPA of the exports, as required under RCRA regulation. The last mercury waste shipment 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.

(1)Groups issuing this release include Greenpeace, South African Exchange Program on Environmental Justice, Mercury Policy Project, Asia Pacific Environmental Exchange, Basel Action Network, Environmental Justice Networking Forum (South Africa), Center for International Law, and Transnational Resource and Action Center

For more information contact:

Kenny Bruno, Greenpeace,718-788-4402;

Heeten Kalan,S.Africa Exchange Program on Environmental Justice, 617-983-2239;

Michael Bender, Mercury Policy Project, 802-223-9000

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