SIERRA CLUB NEWSLETTER- March 1999

Your Truth, My Truth , THE Truth
February 22nd, 1999 the Louisiana Dept. of Environmental Quality (DEQ) issued a permit to GTX. Even before the final decision will be made by Judge Janice Clark in Baton Rouge on March 19th, the government of Louisiana had no difficulty in bypassing the legal process and allow GTX to become the largest toxic waste incinerator in the nation.

When asked on February 24th if GTX would be No. 1 in the nation, chief financial officer Sebron M. Sneed replied unabashedly before legislators, "I sure hope so". (DAILY IBERIAN, February 25th, 1999)

Citizens of East Liverpool, Ohio battled against an incinerator located close to a school for twelve years. And they lost this struggle. The defeat prompted dozens of citizens (maybe more?) to return Al Gore's book, Earth in the Balance, back to his desk.

Terry Swearingen was given an award for her long struggle against the incinerator in East Liverpool. Her words of acceptance apply to Louisiana at this present moment: Swearingen added she was a mother and not a "professional".

March 3rd a debate was held at USL between two lawyers, three experts and the plant manager of GTX, versus two Sierra Club members, a USL professor with aPhD and a retired chemistry teacher. There was no straw ballot, nor conclusion to the two hour session. It was an evening during which an expert from GTX went on record to minimize the effects of dioxin before his audience.

This defense of dioxin was made only one month after the city of Oakland, CA declared itself to be the first Dioxin-Free Zone. The declaration contains over 30 footnotes and draws heavily from the 1994 EPA Dioxin Reassessment. Although the EPA refuses to release the study, "leakers" inside have let it be known that dioxin is the most dangerous chemical byproduct existing and it exceeds DDT (which has been banned) in threats to human health by as much as 300,000 times. Brochures from GTX acknowledge dioxin will be released, but officials are determined to underestimate the dangers to life on Earth.

Whatever the truth may be, there are numerous bodies which have already taken a firm position in opposition to GTX. The INCOMPLETE LISTING as of mid-March is *Catholic Diocese of Houma *Methodist Church of Louisiana *Louisiana Interfaith Council *City of New Iberia *Morgan City *Berwick *St. Martinville Police Jury *Louisiana Wildlife Federation *Sierra Club * Audubon Society *Terrebonne Parish. Other bodies are preparing statements which call for the reversal of the DEQ decision on Feb. 22nd.
The Vietnamese community of Amelia has been joined by the Vietnamese in New Orleans to express opposition to GTX.

Tuesday, March 30th, there will be a meeting at the capitol in Baton Rouge at 9:30 AM to challenge DEQ's permitting process of facilities which are harmful to the community. All who breathe are welcome to come and defend our air.

In the darkness of March 15th, an AMTRAK train struck a truck carrying steel bars, just south of Chicago, killing over ten people in this tragic accident.

The evening of March 16th, DEQ officials were in New Iberia, trying to justify their permitting of GTX. Implied in their presence is the safety of transportation and incineration of toxic chemicals throughout Louisiana.

We all search for THE truth and wait to see if wealthocracy tramples democracy.

Vic Hummert


By BRUCE SCHULTZ, Acadiana bureau
The Advocate, Published on 3/20/99

A Catholic Church organization, two citizens groups and the governments of Morgan City and Terrebonne Parish filed lawsuits Friday against the state Department of Environmental Quality, alleging the agency improperly granted a permit for GTX Inc.The Coalition for a Good Environment, the Vietnamese-American Community of Amelia, La., and the Catholic Social Services of the Diocese of Houma-Thibodaux, all represented by Lafayette attorney Charley Hutchens, filed its petition for judicial review early Friday afternoon in 19th Judicial District Court in Baton Rouge.

The governments of Terrebonne Parish and Morgan City filed a separate suit later Friday by FAX. They are represented by Houma attorneys David Norman and Janine Braun, and Morgan City attorney Dale Hayes. The first lawsuit was allocated to state District Judge Bob Downing, and District Judge Curtis Calloway was assigned to the second lawsuit. It's expected that both suits will be consolidated under one judge. Both suits also allege DEQ Secretary Dale Givens "breached his constitutionally mandated duty to act as primary trustee of the environment." They claim that the decision to grant the permit violates state law. "Obviously we feel we did follow the rules and regulations," Givens said. GTX's attorney, Hank Perret of Lafayette, also came to DEQ's defense, saying the agency "did its job."

The Coalition for a Good Environment filed an environmental justice complaint with the U.S. Environmental Protection Agency ... DEQ also didn't demonstrate a need for the facility, the suit alleges.


Terrebonne passes `stigma' resolution unanimously emredo
The Associated Press 02/25/99 2:16 AM Eastern
AMELIA, La. (AP) --
Only days after getting the green light from state authorities, GTX Inc. this weekend will begin accepting job applications for a $60 million project to refurbish the old Marine Shale hazardous waste plant in Amelia. Meanwhile, officials in neighboring Terrebonne Parish, where the parish government is on record as opposing the revival of the plant, held discussions on the issue with a state senator. After meeting for nearly two hours Wednesday night, the nine-member Terrebonne Parish Council unanimously passed a so-called stigma resolution proclaiming that all property within 50 miles of the GTX plant would be devalued by the operation. The council spent about two hours Wednesday night discussing the state's decision to approve the permits even after the panel had asked regulators to reject them. Angered by the state's action, the council on Monday asked all members of the state legislative delegation to attend Wednesday night's regular council meeting to discuss the matter. Sen. Mike Robichaux, D-Mathews, was the only legislator among about 50 people who attended Wednesday night's meeting. Reps. Hunt Downer and Reggie Dupre, both Democrats from Houma, sent their regrets Tuesday. Sebron M. Sneed, chief financial officer, represented GTX. At one point during the meeting, Councilman Danny Henry asked Sneed: "Is this going to be No. 1 in the country?" "I sure hope so," Sneed replied. On Monday, the state Department of Environmental Quality issued air, water and hazardous waste operating permits to GTX, a key step in reopening the old incinerator. The former Marine Shale plant had been closed for two years after a long court battle with state and federal agencies.


Iberia Parish administrators to repeal permits issued to GTX Inc.
TREVIS R. BADEAUX / The Daily Iberian / February 23, 1999
Iberia Parish and City of New Iberia administrators said Tuesday they will support efforts to repeal Department of Environmental Quality permits that will be issued to GTX Inc. later this week. Catherine Carlock Simpson, a DEQ spokesperson, announced Monday DEQ will issue operating permits to GTX Inc., a Lafayette-based corporation intending to refurbish the former Marine Shale Processors Inc. hazardous material incinerator site in Amelia. Robert Suire, New Iberia City Council District 3 member, said he is concerned about an increase in the amount of hazardous material transported by rail, barge and truck through the area. "I was hoping the permits wouldn't come through," Suire said. "All we can do is make whatever preparations are necessary to get the city better prepared for an increase in hazardous material traffic." Mayor Ruth Fontenot said numerous citizens have contacted her office expressing concern over the establishment of the hazardous material incinerator in Amelia. "We will do whatever we can in the city to ensure the safety of our citizens," Fontenot said. Fontenot and Suire said they would support efforts to repeal the issuance of the operation permits. "We surely don't want more hazardous material coming through the area," said Iberia Parish Administrative Assistant Ted Migues. "The GTX issue brings to light the amount of hazardous material we already have coming through the area. All we can do is get better prepared." "There has been tremendous public concern expressed regarding this facility," said J. Dale Givens, DEQ secretary. "In response to that concern and following an exhaustive review, DEQ has incorporated various special conditions into the GTX permit designed to further protect public health and the environment." The conditions Givens referred to include: ? The presence of a DEQ inspector at GTX when the facility is operating; ? Ambient air quality monitoring stations in the surrounding community; ? Water quality monitoring in Bayou Bouef; ? Issuance of emergency notification information in both English and Vietnamese; ? Offering to include local emergency response personnel in GTX emergency response training.



The Associated Press 02/24/99 3:50 PM Eastern
HOUMA, La. (AP) -- Only days after getting the green light from state authorities, GTX Inc. this weekend will begin accepting job applications for a $60 million project to refurbish the old Marine Shale hazardous waste plant in Amelia. Meanwhile, officials in neighboring Terrebonne Parish, where the parish government is on record as opposing the revival of the plant, planned discussions on the issue with a state senator. On Monday, the state Department of Environmental Quality issued air, water and hazardous waste operating permits to GTX, a key step in reopening the old incinerator. The former Marine Shale plant had been closed for two years after a long court battle with state and federal agencies. A job fair is scheduled Saturday from 10 a.m. until noon at the facility in Amelia, GTX plant manager Hank Robards said. Company officials estimate that the facility will have bring in $100 million a year to the economy of St. Mary Parish and the surrounding area when the plant becomes operational by spring 2000. The $60 million upgrade will take about a year to complete, Robards said. There will be as many as 600 people working on the construction when the activity peaks and eventually 350 permanent workers, he said. Saturday's job fair will establish a database from which applicants may be referred either to subcontractors or to the company later, he added. Beginning in the 1980s, Marine Shale took in various types of hazardous waste for a price and burned it in a rotating oven resembling a giant cement mixer. The material was reduced to a rubble that the company said was safe for commercial use. Marine Shale insisted it was a recycler, but the U.S. Environmental Protection Agency said the plant was actually an incinerator operating without a proper permit. After losing court fights to stay open as a recycler, the plant shut down in 1996. GTX is attempting to reopen the plant as an incinerator under terms of a federal court consent decree. The aggregate byproduct produced by the oven would be buried instead of sold. In addition, the role of Marine Shale's founder, Jack Kent, in the operation of the new plant would be strictly limited. The Terrebonne Parish Council was preparing Wednesday to discuss the state's decision to approve the permits even after the panel had asked regulators to reject them. Angered by the state's action, the council on Monday asked all members of the state legislative delegation to attend Wednesday's regular council meeting to discuss the matter. Sen. Mike Robichaux, D-Mathews, said he would attend, while Reps. Hunt Downer and Reggie Dupre, both Democrats from Houma, sent their regrets Tuesday. Sen. John Siracusa, D-Morgan City, said GTX would send a spokesman to the meeting, but did not indicate whether he would attend.


Excerpted from The Morning Advocate February 24, 1999
Angered by the state's decision to issue a permit to GTX Inc. to operate a hazardous waste incinerator in neighboring St. Mary Parish, the Terrebonne Parish Council asked all local state legislators to attend tonight's regular meeting for a showdown. The council's Natural Resources and Coastal Restoration Committee also voted to draw up a so-called stigma resolution and a petition opposing the permit approval for distribution throughout the parish. Councilman Wayne Thibodeaux suggested asking the parish legal department to explore the feasability of asking for an injunction to block the reopening of the shuttered MSP plant. The stigma resolution says that the plant's existence will discourage economic development in Terrebonne Parish. Ostheimer said any community within a 50-mile radius of the GTX plant would be discredited and would feel the effect from a growth standpoint. The plant is expected to produce some 125,000 tons of ash a year, he said. Committe chairman Carl Chauvin said, "When you start bringing it in from everywhere, I have a problem with that."