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E-M:/ Radian Internation settlement in Midland

Enviro-Mich message from "Alex J. Sagady & Associates" <ajs@sagady.com>

From:         Pat Watson <WATSONPE@MICHIGAN.GOV>
Subject:      New DEQ Press Release - July 23, 2003
X-OriginalArrivalTime: 23 Jul 2003 12:52:27.0937 (UTC) 

For Immediate 
Release                                              <?xml:namespace prefix 
= o ns = "urn:schemas-microsoft-com:office:office" />

<?xml:namespace prefix = st1 ns = 
"urn:schemas-microsoft-com:office:smarttags" />July 23, 2003

Contact:  Patricia Spitzley

                (517) 241-7397

DEQ/DAG Reach Settlement with Radian International, LLC

The Departments of Environmental Quality, Attorney General, and Radian 
International, LLC, have reached a settlement in the case of Mike Cox, 
Attorney General of the State of Michigan and the Michigan Department of 
Environmental Quality v Radian International, LLC.  Resolution of the 
alleged violations in the Complaint and the Amended Complaint has been 
achieved by entering into a Settlement Agreement, accepted by all 
parties.  According to the terms of the Settlement Agreement:

·         A settlement in the amount of $520,000 will be paid by Radian to 
the General Fund of the State of Michigan.

·         A settlement amount of $30,000 will be paid by Radian to the DEQ 
for the costs of surveillance and enforcement.

·         The lawsuit will be dismissed with prejudice.

In the First Amended Complaint, filed March 5, 2002, the State of Michigan 
alleged certain violations of air and waste regulations had occurred while 
Radian was operating a hazardous waste sludge dredging, drying, and 
transporting operation for The Dow Chemical Company’s Michigan Operations 
in Midland, Michigan.  This settlement agreement with the DEQ and DAG 
resolves the alleged violations and requires Radian to pay a fine and 
reimburse the DEQ’s costs.

On August 14, 1996, Dow agreed to undertake a management project to remove 
and incinerate excess contaminated solids that accumulated in its 
wastewater treatment ponds.  The accumulated solids, containing dioxins and 
furans, were being dredged from the ponds and pumped to a dewatering/drying 
system operated by Dow's contactor Radian, and then incinerated in Dow’s 
830 Incinerator.  Dioxins and furans are chemicals of concern because they 
are persistent, bioaccumulative, and toxic at very low concentrations.  The 
DEQ obtained a tip that the solids were being mismanaged at Dow and that 
there had been numerous discharges of dried solids and fine particulate 
dust into the air and on the ground since May of 1997.  On November 13, 
1998, during the execution of a criminal search warrant, DEQ staff observed 
an accumulation of solids and dust around the outside of the drying 
facility, in the grass and along the facility access road.  In addition, 
196 containers of hazardous waste were observed stored in violation of Part 
111.  Records seized during execution of the criminal search warrant 
indicated that there had been five separate incidents of potential fire 
hazards and numerous releases of hazardous wastes at the facility.  Radian 
had failed to notify the DEQ of these incidents as required under Part 111.

On November 19, 1998, Dow and the DEQ entered into a Consent Order 
requiring the cleanup of all solids around the Radian solids drying 
operation and the operation was shut down.  On April 11, 2002, Dow and the 
DEQ entered into a second Consent Order to settle alleged incinerator 
violations and claims for reimbursement of costs and penalties stemming 
from the mishandling of the solids at the Midland facility that resulted in 
violations of the applicable requirements of Part 55, Air Pollution 
Control, and Part 111, Hazardous Waste Management, of the Natural Resources 
and Environmental Protection Act, 1994 PA 451, as amended (NREPA), and its 

The criminal search warrant executed in November of 1998 has resulted in a 
criminal conviction, two Consent Orders with Dow, and the present 
settlement with Radian.  Dow has since obtained a variance from the United 
States Environmental Protection Agency to allow the solids to be 
filter-pressed and disposed of in Dow’s Salzburg Landfill.  Radian, a 
subsidiary of URS Corporation with offices in Midland, continues to do 
business in Michigan.


Alex J. Sagady & Associates        http://www.sagady.com

Environmental Enforcement, Permit/Technical Review, Public Policy,
Evidence Review and Litigation Investigation on Air, Water and
Waste/Community Environmental and Resource Protection
Prospectus at:  http://www.sagady.com/sagady.pdf

PO Box 39,  East Lansing, MI  48826-0039
(517) 332-6971; (517) 332-8987 (fax); ajs@sagady.com

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