SWAT raid that killed Arizona ASARCO worker and Marine - recorded in 911 call

"Google Alert - asarco
SWAT raid fatal drama is revealed in 911 call
Arizona Daily Star
Jose Guerena, 26, a former Marine, was sleeping after the graveyard shift at Asarco Mission mine about 9:30 am when his wife woke him saying she heard ..."

Asarco continues to sue: BNSF

Asarco has recently sued:  the EPA (OK), the Rockefeller family (WA), and now BNSF 

Google Alert:
Asarco Sues BNSF Over $80M Cleanup - Law360
Asarco LLC sued BNSF Railway Co. and four others in Missouri on Thursday, seeking contributions toward an $80 million cleanup at a mining site the company ...
www.law360.com/.../asarco-sues-bnsf-over-80m-cleanup-

Asarco worker shot dead at home after 12 hr shift by SWAT team who shot 71 shots in 7 seconds. The worker did not fire his gun.

"google alert:
SWAT team fired 71 shots in raid
Arizona Daily Star
... noise outside their home about 9 am Thursday and woke her husband who had just gone to bed after working a 12-hour shift at the Asarco Mine, she said. ..."

"The Pima County Regional SWAT team fired 71 shots in seven seconds at a Tucson man they say pointed a gun at officers serving a search warrant at his home.....Vanessa Guerena says she heard noise outside their home about 9 a.m. Thursday and woke her husband who had just gone to bed after working a 12-hour shift at the Asarco Mine, she said. There were no sirens or shouts of "police," she said.....Guerena told his wife and son to hide inside a closet and he grabbed the AR-15 rifle, his wife said....Tucson is notorious for home invasions and we didn't want to look like that," said Lt. Michael O'Connor of the Pima County Sheriff's Department. "We went lights and sirens and we absolutely did not do a 'no-knock' warrant."

"Horizon Lines' empty bankruptcy threat brings US DOJ to its knees....similarly EPA opted to take [x] claim in Asarco's Bankruptcy case...."

"Google Alert - asarco
Horizon Lines' empty bankruptcy threat brings US DoJ to its knees ...
Financial Times
Similarly, the EPA opted to take a USD 1.7bn repayment on its USD 6.5bn environmental remediation claim in Asarco's bankruptcy case. ..."

http://www.ft.com/cms/s/2/4f212e9c-7c6b-11e0-b9e3-00144feabdc0.html#ixzz1M7sbEKBu

"...The DoJ’s value give-up in Horizon mirrors the compromise the Environmental Protection Agency (EPA), a secured creditor, cut with unsecured hedge fund creditors in chemical company Tronox last year....

Rather than battle bondholders for more cash, the EPA agreed to take massive losses on its structurally senior claims. The Oklahoma-based company’s unsecured bondholders walked away with equity worth more than double the face value of their bond claims, while the EPA was left with a 30% recovery.

Similarly.... [the ASARCO] Arizona, US-based copper miner’s bondholders received 100% recovery on their claims, as well as accrued interest, when the company emerged from Chapter 11 in December 2009, while the sponsor, Grupo Mexico, continued to own its assets....""

Asarco 1999 Settlement with Denver CO gives another $126,484.90 to 107 people while EL PASO TEXAS COMMUNITY suffers silently

"Residents of south Globeville are receiving an additional $126,484.90 from Asarco mining company for contaminating their properties with arsenic and other pollutants, according to a press release from the attorneys who represented the residents.....The additional payments are part of a $12.3 million settlement the residents reached with Asarco in 1999....[also] South Globeville residents filed a class-action lawsuit in 2007 against Asarco when high levels of toxic contamination were found on properties. Asarco released arsenic as a stack emission from its Globe Plant smeltering facility for about 70 years starting in the 1920s."

Mitchell Byars: 303-954-1698 or mbyars@denverpost.com

South Globeville residents get additional money from Asarco settlement

From 2009: Verde Realty Completes Rail in Santa Teresa Intermodal Park

Verde Realty Completes Rail in Santa Teresa Intermodal Park
VerdeCorporate Realty Services announced that construction has been completed on 4,283 feet
of new railroad track and new switch in VerdeSanta Teresa Intermodal Park in Santa Teresa,
NM. The track and switch will service the master-planned park's first phase totaling 118 acres.
El Paso, TX (PRWEB) January 15, 2009 -- Verde Corporate Realty Services announced that construction has
been completed on 4,283 feet of new railroad track and new switch in Verde Santa Teresa Intermodal Park in
Santa Teresa, NM. The track and switch will service the master-planned park's first phase totaling 118 acres.
Verde Santa Teresa Intermodal Park is a 1,221 acre master-planned, rail-served industrial park that can
accommodate user requirements from 5 acres to 200 acres. When fully-built out, the park will have five rail
spurs directly connected to the Union Pacific Main Line. The park provides a further benefit to users in that it is
located within Foreign-Trade Zone No. 197.
The Verde Santa Teresa Intermodal Park is the only facility of its kind in the region capable of fulfilling
transloading, cross-border trailer staging and build-to-suit requirements. Construction of the new Foxconn
Technology Group manufacturing facility in San Jerónimo, Mexico, that is located immediately adjacent to
Santa Teresa, and Union Pacific's plans to build new facilities in Santa Teresa will generate meaningful
economic activity in the area and incremental demand for rail served facilities. This park will address the needs
that will arise from this activity.
Foxconn, the trade name for Taiwan-based Hon Hai Precision Industry Company Ltd., began construction in
July 2008 on a 440-acre manufacturing campus which will eventually employ 20,000 workers. The project's
first phase, a 650,000-square-foot facility, is scheduled to open in March 2009 and employ 5,300 workers
making computers, laptops and other electronic equipment for a variety of companies. Foxconn is an
electronics manufacturing giant that makes products for Apple, Nokia, HP, Motorola, Dell, and Sony, among
others, and more cell phones than any other firm in the world.
Union Pacific plans to initially invest $150 million in a 934-acre fueling, switching and intermodal yard to be
completed between 2010 and 2014. Once complete, it will be the largest fueling and intermodal facility on the
U.S.-Mexico border. When fully operational, the Union Pacific facility will employ 280 people.
In addition to Union Pacific's investment, Verde Corporate Realty Services' Director of Business Development,
Jay Kleberg said, "The development of Verde's Intermodal Park is a critical step in servicing the increased
demand by local and national manufacturers, suppliers, and distributors to efficiently transport goods from
coast-to-coast and service clients in Mexico."
Kleberg went on to note that, "The Park's location, five miles from the Santa Teresa Port of Entry, the new
Foxconn campus in San Jerónimo and Union Pacific's new refueling and intermodal yard is ideal for
transportation providers and suppliers doing business in Mexico. Verde has had numerous inquiries about the
availability of rail-served land and build-to-suit capabilities, and we look forward to accommodating the
corporate real estate requirements of our customers."
Verde Corporate Realty Services is a leading owner/operator of corporate facilities throughout the United
States/Northern Mexico border region. Verde's team of experienced bi-cultural professionals provides real
estate services from the design/ build phase through subsequent years of facility operation.
For more information, visit www.verdecrs.com/intermodal.
###

Ex Asarco Workers' Attorneys ask EPA to test for PCBs at the Asarco El Paso TX Legacy site

Google Alert:
"EPA, TCEQ asked to test for toxic compounds at Asarco (4:25 am)
Las Cruces Sun-News
The letter, sent by an attorney representing a group of former Asarco employees, asks that the Environmental Protection Agency and the Texas Commission on ..."

see also:
http://www.elpasotimes.com/news/ci_18022789

ASARCO Legacy slated to be developed into homes, playgrounds and elementary school if El Paso City Council TX ok's the rezoning today

El Paso City Council will vote to Rezone Contaminated ASARCO Land and Allow Development

Under Guise of Smartcode, the Rezoning Would Ignore
Undisclosed Poisons from Asarco's Secret-Waste Disposal Operation

EPgtlo demands that until governmental agencies disclose the hazardous-wastes from its illegal-waste-incineration that this land not be rezoned

El Paso, TX.— El Paso City Council will vote this next Tuesday May 10 (Items 19A and 19B) on Ordinance to change zoning of Asarco from unrestricted manufacturing to "SCZ" (Smart code) and allow development.  Under the ownership of the ASARCO Texas Custodial Trust and the El Paso Trustee ASARCO Bankruptcy contract, the clean-up is not required to disclose or remediate the still undisclosed hazardous wastes from when Asarco ran the illegal and secret toxic-waste disposal operation (1992-1998 - NYTimes 10/2006).  As Representative Reyes said in a press statement (2006) "Asarco paid millions on the condition that the details of what it had done would never become public". 

• The ASARCO Texas Custodial Trustee for El Paso stated that "Asarco, as a large integrated metal producer and refiner obviously handled a wide variety materials including radioactive materials." 
  
• The International Joint Advisory Committee under the La Paz Accord/Treaty passed a Resolution recommending testing, but no testing has yet been done to determine what contamination remains in this region from Asarco's illegal hazardous-waste incineration.
• EPA has not yet released the documents detailing those wastes.
  

EPgtlo demands that until governmental agencies disclose the hazardous-wastes from its illegal-waste-incineration that this land not be rezoned. 

                                                                      +++

El Paso City Council will vote to Rezone Contaminated ASARCO Land and Allow Development

For Immediate Release, May 7, 2011

Contacts:

Heather McMurray EPgtlo, (915) 539-3388, heamc@earthlink.net

El Paso City Council will vote to Rezone Contaminated ASARCO Land and Allow Development

Under Guise of Smartcode, the Rezoning Would Ignore
Undisclosed Poisons from Asarco's Secret-Waste Disposal Operation

El Paso, TX.— El Paso City Council will vote this next Tuesday May 10 (Items 19A and 19B) on Ordinance to change zoning of Asarco from unrestricted manufacturing to "SCZ" (Smart code) and allow development.  Under the ownership of the ASARCO Texas Custodial Trust and the El Paso Trustee ASARCO Bankruptcy contract, the clean-up is not required to disclose or remediate the still undisclosed hazardous wastes from when Asarco ran the illegal and secret toxic-waste disposal operation (1992-1998 - NYTimes 10/2006).  As Representative Reyes said in a press statement (2006) "Asarco paid millions on the condition that the details of what it had done would never become public". 

• The ASARCO Texas Custodial Trustee for El Paso stated that "Asarco, as a large integrated metal producer and refiner obviously handled a wide variety materials including radioactive materials." 
  
• The International Joint Advisory Committee under the La Paz Accord/Treaty passed a Resolution recommending testing, but no testing has yet been done to determine what contamination remains in this region from Asarco's illegal hazardous-waste incineration.
• EPA has not yet released the documents detailing those wastes.
  

EPgtlo demands that until governmental agencies disclose the hazardous-wastes from its illegal-waste-incineration that this land not be rezoned. 

                                                                      + + +

Federal DOJ Trustee for Corpus Christi TX ASARCO Bankruptcy and sites failing to do their job

It is illegal in our lay-opinion for the Federal DOJ Bankruptcy Trustee to continue to make legal decisions and recommendations that act as if Asarco (Encycle and Asarco inc.) never engaged in nearly ten years of secret hazardous-waste-disposal for $$. (see news announcement, below)  Why is the Federal DOJ Trustee not acting on this knowledge, that they were legally apprised of back in 2006?

We respectfully demand that the Obama Administration's DOJ appointees and the EPA's Obama Administration appointees demand that the DOJ Bankruptcy Trustee (Region 7 Judy A. Robbins United States Trustee ) do their job and require that the trustees overseeing that liquidation, Michael Boudloche (Corpus Christi), Mr. Puga (El Paso TX) consider the ramifications from the illegal secret wastes.   It is now public-domain-knowledge (both from the released-1998-formerly-confidential for settlement purposes only 72 page document AND from the 1994 Asarco Encycle Supervisor Whistleblower report) that Asarco-Encycle and Asarco El Paso TX (and E. Helena MT) ran an un-permitted hazardous-waste disposal-operation for nearly ten years just to make money.

There should be no demolition at these sites until there is full disclosure of the secret wastes handled and burned at these sites, using comprehensive chemical analyses recommended by the International La Paz Accord JAC group several years ago.

"Google Alert:
"State can't stop demolition, bankruptcy trustee says
Corpus Christi Caller Times
A US Bankruptcy Court trustee said the contested demolition of the ASARCO/Encycle plant will continue and state officials have no authority to stop the work ..." "

ASARCO LLC v. Estate of John D. Rockefeller Sr. et al 2:11-cv-00661

"Case Title

ASARCO LLC v. Estate of John D. Rockefeller Sr. et al

Court

Washington Western

Nature of Suit

Environmental Matters

Case Number

2:11-cv-00661

Judge

Richard A Jones

Date Filed

April 18, 2011"

http://www.law360.com/energy/articles/239975/asarco-brings-cercla-suit-against-rockefeller-estate

Asarco sues the Rockerfeller Estate

The Federal DOJ Bankruptcy Trustee for the Bankruptcy District at Corpus Christi TX allowed ASARCO to complete its entire bankruptcy without ever considering the liabilities from Asarco's years of illegally disposing of Toxic Waste, despite being legally notified of this lapse winter of 2006.  In Oct.,2006 the NYTimes exposed the story of how the EPA had secretly proven to the DOJ in 1998 that ASARCO disposed of illegal toxic wastes for nearly ten years - but then hid the truth away in a "confidential for settlement purposes only document".  This document became public-domain in 2006. Rep. Reyes (Chair House Intelligence Committee) wrote that Asarco  paid millions on the condition that the details of what it had done would never become public.

So now Asarco and its owner, Grupo Mexico, have huge 1st quarter profits this year; and, they have sued the Rockefeller Estate.  The Rockefeller estate attorneys ought to study this blog's archives in Scribe for the 30 documents and evidence sent to the Gov. of New Mexico (twice) about Asarco; and, that were taken through two sets of courts with each court failing to address the evidence.  The Federal DOJ has failed to hold Asarco responsible and allowed this to snowball.  No one has explained the presence of a Swiss Financial institution named "Asarco" (associated with Asarco inc.).

"Law360, New York (April 19, 2011) -- Asarco LLC hit the estate of John D. Rockefeller Sr. and other entities with a lawsuit in Washington state Monday seeking environmental response costs at a polluted smelter site over which the plaintiff recently paid a $38 million settlement.

Asarco claims in its contribution and cost recovery complaint filed in the Western District of Washington that the estate and four other entities are liable as owners or operators under..."

Judge Richard Schmidt of the U.S. Bankruptcy Court for the Southern District of Texas has closed two more affiliate cases of ASARCO LLC

"Court Closes 2 More ASARCO Affiliate Cases

Posted by Rob Smith On March - 20 - 2011

FAIRLESS HILLS, Pa. — Judge Richard Schmidt of the U.S. Bankruptcy Court for the Southern District of Texas has closed two more affiliate cases of ASARCO LLC.  They are the cases of Encycle Inc. and Government Gulch Mining Company, Limited...."

Read the Asarco Corpus Christi Encycle Whistleblower secret document from 1994 and the document from SPGEG to the DOJ Trustee to these Bankruptcy courts in 2006-7 asking the Trustee to force the courts to face the liabilities from the years of illegal secret toxic-waste disposal by ASARCO....

Why hasn't the Bankruptcy court considered any liabilities from Asarco's years of illegal secret waste disposal in Corpus Christi TX, El Paso TX, and East Helena MT.????   Why has the Federal DOJ looked the other way?

Ex ASARCO Workers to Identify Undisclosed Illegal Waste Dumps on ASARCO-El Paso Property

March 23, 2011

by Texas RioGrande Legal Aid

EL PASO, TX – March 23, 2011 – This Saturday, former employees of the ASARCO El Paso plant, as part of the Ex-ASARCO Workers coalition, will identify five unlined dumpsites on the ASARCO property that continue to contaminate the area and pose serious risks to the public health.  Representatives from the Environmental Protection Agency (EPA), Texas Commission on Environmental Quality (TCEQ), and a Trustee in charge of remediating the site will be present.

The EPA has informed the Ex-ASARCO Workers that the media will not be allowed to participate in the site visit.  As a result, a press briefing will be held at the ASARCO site on Saturday, March 26 starting at 1:00 pm.

“When we first told the EPA about the hidden dumpsite in November, we thought they would be on the next plane to El Paso to investigate,” said Carlos Rodriguez, lead organizer of the Ex-ASARCO Workers. “We were wrong. Clearly, the continued contamination of this property is not a high priority.”

The unlined dumpsites sit on the El Paso property where ASARCO operated a copper smelter and handled military hazardous waste for more than 100 years. The former workers contend that they were instructed to dig pits on the property and bury contaminated materials throughout their employment.  They did not place any lining that would prevent the contaminants from leaching into groundwater sources. Current plans for the property call for covering up the areas where the sites are located, rather than sampling and remediating them.

Recently the Ex-ASARCO Workers have also raised concerns that the future of the site includes plans to sell land where known ASARCO dumpsites exist, including an area east of I-10, for use as residences.

“We cannot believe that this land is going to be sold and turned into a residential area and a hiking trail. We know this area has been contaminated and there is no proof that the site is clean enough for families to live there and for children to play there,” said Mario Navarez, a member of the Ex-ASARCO Workers.

The Ex-ASARCO Workers are asking other former ASARCO employees and their spouses to contact them if they have information that would help protect the community from continued environmental pollution. Individuals can contact Veronica Carbajal, attorney with Texas RioGrande Legal Aid, at (915) 585-5107.

Established in 1970, Texas RioGrande Legal Aid, Inc. (TRLA) is a nonprofit organization that provides free civil legal services to low-income and disadvantaged clients in a 68-county service area. TRLA’s mission is to promote the dignity, self-sufficiency, safety and stability of low-income Texas residents by providing high-quality civil legal assistance and related educational services.  For more information on Texas RioGrande Legal Aid, Inc. and this story visit www.trla.org.

###
http://trla.wordpress.com/2011/03/23/ex-asarco-workers-to-identify-undisclosed-illegal-waste-dumps-on-asarco-el-paso-property/

Asarco sues EPA for "destroying evidence" regarding Omaha smelter superfund site while DOJ and EPA protect ASARCO....

What kind of poker-hand is being played, here and why??

"Asarco Inc. said the U.S. Environmental Protection Agency destroyed evidence that the company's smelter didn't cause lead pollution in an Omaha neighborhood ..."

http://www.omaha.com/article/20101217/NEWS97/712179877

El Paso Times covers Ex-Asarco-workers and others site visit 2-25-11 after massive fire gutted the IONICS distillation unit

Google Alert
EPA joins in walk-through at Asarco: Past employees want further site tests ...
El Paso Times

"by Chris Roberts \ El Paso Times Patrick Garza, left, who worked for ASARCO as a contractor and employee, left, talks to Michael J. Casbon of Environmental Resources Management, who is overseeing the demolition of the site about a recent fire in the ..."

Fire site visit at Asarco El Paso TX 2-25-2011

Asarco site visit friday Feb-25-2011

Another example of Asarco handling Radioactive Isotopes provided by El Paso Asarco Cleanup Trustee

Asarco El Paso Trustee provides online link to TENORM copper leaching radioactive wastes data

http://www.epa.gov/radiation/tenorm/copper.html

ASARCO Whistleblower Report news item -- JUST HOW BAD IT WAS

ASARCO Whistleblower Report news item

ASARCO El Paso Redevelopment TVNews Story: Costs of secret liabilities from illegal hazardous waste disposal for years? (PRICELESS!)

Apparently a "redevelopment plan" for ASARCO site was released to the public today (http://www.kvia.com/video/26523619/index.html)  and it is extremely scary to those of us who realize how contaminated that site must actually be ---  Please watch this film clip - it is very short.  Remember that a UTEP geology professor recently was willing to go public stating that simply paving over the Asarco site as planned will not make it "safe".

"google alert:
Plan El Paso 2010 Includes Asarco Redevelopment Video KVIA El Paso
Plan El Paso 2010 Includes Asarco Redevelopment. ....
www.kvia.com/video/26523619/index.html
"

Asarco asset sales to date: $539,313.70:: Undisclosed liabilities from Secret Hazmat wastes? PRICELESS

Asarco asset sales to date: $539,313.70:: Undisclosed liabilities from Secret Hazmat wastes?  PRICELESS

"Recasting the Smelter
ASARCO Asset Sales (updated 12/08/10)
Sale No.     Item     Date     Amount
1     Rails/Rail ties     7/12/10     $215,000.00
2     2 horizontal cryogenic liquid oxygen above-ground tanks     3/5/10     $130,500.00
3     Slag Pots     6/10/10     $60,000.00
....[etc etc]
TOTAL TO DATE     $539,313.70"
http://www.recastingthesmelter.com/?page_id=395

Asarco El Paso TX Clean-up Trustee and contractors proceeding with demolition while not disclosing what Asarco did

Why do our EPA investigators, our TCEQ Commissioners, our Federal DOJ Attorneys continue to look the other way and allow the Trustee to tear down these structures and sell/dispose of these, without telling any of us what illegal and secret hazardous wastes remain?  

What happened here, in El Paso Texas from the years of Asarco burning illegal hazardous wastes for YEARS and YEARS SECRETLY for (in the EPA's words to the DOJ) to make money --- what happened here that was so so very bad that even today over 12 years later, the powers that be are afraid to tell the public the details of what Asarco had done?

Rep. Reyes, chair of the House Intelligence committee, said that Asarco paid millions on the condition that details of what it had done would never become public.

Despite legal notification, the Federal DOJ Asarco Bankruptcy Trustee allowed the Asarco Bankruptcy court to continue to hide those details.

Despite a NYTimes front page article and a DOJ Attorney releasing the Secret DOJ-EPA Confidential for Settlement purposes only 72 page document detailing what ASARCO had done, over five years later the Paso del Norte community has not been given the details of what contamination remains here from what ASARCO did.

The Asarco El Paso site Trustee writes on their website:  "Dear Stakeholders, The Trust has been extremely busy working at the Former ASARCO Smelter Site to ensure a safe demolition and thorough investigation/remediation process. Current major activities include:  Removing the Contop/Reverb structure to ascertain the presence of valuable matte and concentrate materials,"

Why hasn't the Trustee allowed sampling of this structure by independent community groups - or even (free!)  RADON sampling inside the buildings?  What on earth is the Trustee afraid of?

The International JAC (La Paz Accord) committee passed a resolution recommending that background contamination data be gathered --- and THIS RESOLUTION WAS THEN IGNORED.





 

ASARCO "The Department of Justice owes the public an explanation"

"However, a powerful Senator did not hesitate to comment on the matter. “The Department of Justice owes the public an explanation for why there have been no criminal prosecutions despite the SEC openly making accusations of a witness being bought off,” Senator Charles Grassley of Iowa told POGO. Grassley is slated to be the top Republican on the Senate Judiciary Committee, which oversees the DOJ." [12-10 quote regarding " major case involving Pequot Capital Management, once the world’s largest hedge fund, and alleged insider trading in shares of Microsoft"]
http://www.truth-out.org/sec-describes-possible-criminal-activity-unprosecuted-hedge-fund-case66233

And, why has the DOJ not held the DOJ BANKRUPTCY Trustee for the ASARCO case accountable for failing to make the Asarco Bankruptcy court(s) consider the secret-illegal hazardous wastes that the DOJ and EPA discovered were incinerated for nearly ten years by Asarco in at least two smelters?!

How many "Confidential for settlement purposes only" documents are out there between the EPA and DOJ like the 1998 "confidential for settlement purposes only [72 pp] DOJ-EPA Asarco document" ?  How much information is being kept "secret" from affected-communities via these "confidential settlements" ?   Chair of the House Intelligence Committee, Rep. Reyes said that Asarco paid MILLIONS on the condition that the details of what it had done would NEVER BECOME PUBLIC.

Now the ASARCO Bankruptcy is over, copper prices increase ...

"Google Alert - asarco
Copper mining sees new AZ momentum
Arizona Daily Star
As rising copper prices increase mining-company profits, Arizona-based mining giants Freeport McMoRan Copper & Gold and Asarco have boosted the work force ..."

To this day, the liabilities from nearly ten years of ASARCO disposing/burning secret hazardous wastes for profit have never been discussed in the Bankruptcy Courts.   Rep. Reyes, Chair of the House Intelligence Committee said that Asarco paid millions of dollars on the condition that details of what it had done would never become public.    El Paso TX got only about $52 million to clean up whatever undisclosed undeclared unmanifested hazardous wastes remain at the El Paso Asarco site and over 100 years of custom and secondary smelting activity.  The Asarco toxic groundwater plume reaches the Rio Grand the width of the entire property - below that point the City still draws irrigation water for over 70 miles of irrigation district (managed by Rep. Reyes' brother)  ----  and,  draws water for drinking (for central and westside El Paso according to the EPWU Vice President of Operations.) 

Asarco El Paso TX ... "such are the places where every man woman and child seeks EQUAL JUSTICE"...

       “Where after all, do universal human rights begin?  In small places, close to home—so close and so small that they cannot be seen on any map of the world.  Yet they are the world of the individual person: the neighborhood he lives in; the school or college he attends; the factory, farm or office where he works.  Such are the places where every man, woman and child seeks equal justice, equal opportunity, and equal dignity, without discrimination.  Unless these rights have meaning there, they have little meaning anywhere.” 

Eleanor Roosevelt

Seven years ago Carlyle Group created a team to begin investing in Mexico...

"In January 2004, the Carlyle Group put together a new team to begin investing in Mexico. The team consisted of Luis T?llez, who was then an executive vice president of Desc, one of Mexico's largest companies; Joaquin Avila, who was then a managing director of Lehman Brothers; and Mark McLarty, the president of Kissinger McLarty Associates and chief of staff to and special envoy to the Americas for President Bill Clinton."....'At the March 2005 meeting at Baylor University in Waco, Texas, President Bush, President Fox of Mexico and Canada's Prime Minister Paul Martin announced a joint decision to form a tri-lateral partnership named "The Security Prosperity Partnership of North America," or SPP."

http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=50334

What do ASARCO, Grupo Mexico, NEBRASKA, CLEAN COAL ENERGY and RAILROADS all have in common?

Asarco is suing EPA  in Nebraska (EPA Region 7) -- home to Union Pacific Railroad Co. and also Peru's FCCA Railroad (owned by 'Railroad Development Corp.')

“We’re aware of the filing and are reviewing it,” Justice Department spokesman Wyn Hornbuckle said in a phone interview today. “We will respond appropriately in court.”

In a separate lawsuit in federal court in Nebraska, Union Pacific Railroad Co., which the EPA also blamed for the pollution at the Omaha site, refused to settle and sued the agency seeking the same contamination studies that Asarco had requested."

see:
http://www.wikinvest.com/stock/Southern_Copper_%28PCU%29/Class_Actions
http://www.bloomberg.com/news/print/2010-12-17/asarco-claims-epa-lied-destroyed-evidence-in-nebraska-lead-pollution-case.html

An interesting aside is that Asarco is owned by Grupo Mexico whom (along with Carlyle Group) controls over 50% of the Freight-rail-right-of-way in Mexico; and, whom wants to merge Ferromex with Ferrosur and deliver Pacific NAFTA goods from a proposed-Mexico-seaport to the USA Eastern Seaboard through Chicago (search for "Punta Colonet" on this blog).  Carlyle owns CSX railroad (USA eastern seaboard).

Besides being home for Union Pacific Railroad Co., Nebraska is headquarters to an international-railroad-company  that is uniquely situated to deliver NAFTA goods from various points in the central USA to Chicago, RDC.  Its management also serve as executives to the Hawthorne Group (apparently the same group mentioned by Wikipedia in connection with the "2009 debate over the [Clean Coal] Waxman/Markey bill").  One of the RDC officers "played a key role in RDC's activities in Peru" (see below), where Asarco has the SPCC (Southern Peru Copper Corp.).   RDC operates FCCA in Peru along with connections to neighbor(s); Grupo Mexico has its own railroad in Peru for SPCC.

"Iowa Interstate Railroad, LTD (acquired by RDC in 2004) is a privately held Delaware Corporation and subsidiary of Railroad Development Corporation. It is also one of the few Regional Railroads that connects with the entire Class 1 railroad system (BNSF, UP, CN, CP, KCS, CSXT, and NS) at multiple locations. ...As a result, IAIS customers have the capability to ship and receive their goods to or from anywhere in North America. ...Our service pattern is 7 days per week between the Omaha area and Chicago. We also offer access to the Mississippi and Illinois River terminals....http://www.iaisrr.com/

Mgt. of RDC:

"Henry Posner III ...serves as Chairman of RDC; Chairman of Iowa Interstate Railroad; Chairman of Ferrovias Guatemala; a Director of América Latina Logística-Central & Mesopotámico (Argentina); and as Vice Chairman of The Hawthorne Group." http://www.rrdc.com/mgmt_bio_posner.html

Mr. Pietrandrea [President of RDC] also serves as ...Chief Operating Officer of The Hawthorne Group.
http://www.rrdc.com/mgmt_bio_pietrandrea.htmlWilliam J. Duggan [is] Vice President-Operations [of RDC and the ] President, Ferrovias Guatemala...[he] has since played a key role in RDC's activities in Peru and Guatemala....
Since 2003, Mr. Hensler has served as RDC's Chief Financial Officer.....[he] is also a Vice President of The Hawthorne Group, a private investment and management company which invests through affiliates primarily in media and communication companies."
http://www.rrdc.com/mgmt_bio_hensler.html

"The intention of Grupo Mexico is to maintain and improve the productive plant of SPCC, - that means continuing with the mine and concentrator facility expansion in Toquepala, the construction of an SXEW facility in Cuajone or the expansion of the one located in Toquepala."
http://www.thefreelibrary.com/Grupo+Mexico,+S.A.+de+C.V.+Strategies+for+Southern+Peru+Copper...-a058295607

"Rail transport in Peru [Home of Grupo Mexico Southern Peru Copper Corp]: ...
Since 1999 it has been operated as the Ferrocarril Central Andino (FCCA)... by the Pittsburgh-registered Railroad Development Corporation. ....The Central is extended by the Ferrocarril Huancayo - Huancavelica ...Also connecting with the Central, at La Oroya, is the Cerro de Pasco railway ...The owning company was nationalised as Centromín in 1974 and operation of the railway was taken over by FCCA...The newest railway in Peru is a standard gauge line opened in 1959 by the Southern Peru Copper Corporation from its opencast mine at Toquepala to the port of Ilo (187 km/116 mi) with a later branch largely in tunnel to its workings at Cuajone. "  http://www.thefullwiki.org/Rail_transport_in_Peru

"Controversy:  During the 2009 debate over the Waxman/Markey bill, Bonner & Associates, a Washington, D.C. lobbying firm subcontracted by ACCCE ["American Coalition for Clean Coal Electricity"]  though the Hawthorne Group to drum up "grassroots support" for this effort, sent a number of fraudulent letters to lawmakers on behalf of ACCCE. ^..."http://en.wikipedia.org/wiki/American_Coalition_for_Clean_Coal_Electricity"

Asarco Omaha NE smelter shut down in 1997 - did it also burn the illegal secret hazardous wastes?

Asarco's Omaha NE smelter shut down in 1997 - did it also burn the illegal secret hazardous wastes that Asarco's whistleblower let us know were handled by Asarco-ENCYCLE (and then sent to smelters in E. Helena MT and El Paso TX) for the years throughout the 1990's??   Will we ever know? (Rep. Reyes, Chair of the House Intelligence Committee said that ASARCO paid millions of dollars on the condition that the details of what it had done would never become public (El Paso Times online article 2006))

"Google Alert - asarco bankruptcy
DJ Grupo Mexico Seeks To Recover $210M In Asarco Lead Damages
Trading Markets
Asarco paid $1.6 billion in environmental liabilities as part of a settlement with the US Justice Department when the company exited Chapter 11 bankruptcy ..."

Energy Renewal Partners who is cleaning up ASARCO ENCYCLE worked for Carlyle/Riverstone Holdings

"Some of the clients our employees have supported include:

• Carlyle/Riverstone Holdings"

http://www.energyrenewalpartners.com/

More than 3 million dollars slated for asbestos removal at ASARCO site that sent untracked-unmanifested hazardous wastes for disposal for years to E. Helena MT and El Paso TX

"Asbestos removal and demolition of the Encycle/ASARCO plant approved

Corpus Christi, Texas - December 19, 2010

U.S. Bankruptcy Court has approved a $3.6 million contract to demolish 50 buildings, silos and storage tanks and remove asbestos at the Encycle/ASARCO plant in Corpus Christi, Texas....According to the agreement between the bankruptcy trustee and Energy Renewal Partners, the project deadline is May 29, 2013 and seven general use buildings will not be demolished, but rather offered for sale once demolition of the other structures is complete."

http://www.mesothelioma.com/news/2010/12/asbestos-removal-and-demolition-of-the-encycleasarco-plant-approved.htm

"Asarco tries to revive its own EPA records lawsuit" While ASARCO still conceals details of its decade of multi-state illegal hazardous waste handling/incineration...

"Google Alerts
Asarco tries to revive its own EPA records lawsuit
Washington Examiner
AP Business Writer The Asarco mining company wants to revive its public-records lawsuit over Environmental Protection Agency information about lead ..."

While ASARCO still conceals details of its decade of multi-state illegal hazardous waste handling/incineration...

Grupo Mexico : " FULL OWNERSHIP OF ASARCO WITH NO LEGACY LIABILITIES OR CLAIMS" (now *how* did they do THAT?)

"Fitch Upgrades Grupo Mexico & AMC to 'BBB'; Affirms SCC at 'BBB'
Business Wire
Grupo Mexico successfully emerged from the five-year long Asarco bankruptcy proceedings with full ownership of Asarco with no legacy liabilities or claims ..."

fr: Google Alert - asarco bankruptcy

TCEQ testing soil next to ENCYCLE ASARCO for unknown metals

"Soil Testing Near Shuttered Asarco Plant Posted: Nov 12, 2010 5:13 PM by Toni Miles
CORPUS CHRISTI - Field crews with the Texas Commison on Envioronmental Quality are testing the soil in the Dona Park neighborhood [next to ASARCO ENCYCLE].The testing started Friday after a number of residents expressed concerns that there might still be toxic levels of heavy metals in the area....Despite that some residents are still worried the soil might be contaminated and they blame emissions from the [ASARCO] plant for making them sick."
http://www.kristv.com/news/soil-testing-near-shuttered-asarco-plant/

"Nevada Prosecutor has been preparing to file criminal charges" against former ASARCO A.G. Swiss Bank President for gambling debts

Estate of North Shore businessman under judge's control

Oct 07, 2010 18:12 EDT (33 days ago)  on  Chicago Breaking News  (Original Article)

"The [Chicago] Tribune in August first outlined [Mikhail] Katamanian's [President of ASARCO A.G. Swiss bank]  eight-figure debts and the legal battle brewing over his estate since his death in Switzerland at age 53.

The report also outlined how, at the time of Katamanin's death, a Nevada prosecutor had been preparing to file criminal charges against Katamanin over the millions in total that, according to court and casino records, he owned to various Las Vegas gambling establishments.

[The Judge] also appointed Lake County Public Guardian Keith West to oversee the identification and liquidation of Katamanin's assets...Parties in the case are due back in court Nov. 15..."

Investors allege Sham ("spoof") Silver-Futures by HSBC Holdings Plc and JPMorgan Chase & Co.

http://www.bloomberg.com/news/2010-09-25/u-s-state-officials-investigate-after-gmac-halts-evictions.html

Laskaris v. JPMorgan Chase & Co., 10-08157
Beatty v. JPMorgan Chase, 10-08146, U.S. District Court, Southern District of New York (Manhattan)

"JPMorgan, HSBC Accused of Manipulating Silver Futures
By Joel Rosenblatt and Bob Van Voris - Oct 27, 2010 10:27 PM MT

"HSBC Holdings Plc and JPMorgan Chase & Co. were accused in an investor’s lawsuit of placing “spoof” trading orders to manipulate silver futures and options prices in violation of U.S. antitrust law....The investor...alleges that starting in March 2008, the banks colluded to suppress silver futures so that call options, or the right to buy, would decline, and put options for the right to sell would increase....A separate, similar complaint filed yesterday....and naming the same banks as defendants, claims a whistleblower contacted the CFTC last year and reported the banks’ conspiracy to suppress prices of silver futures to profit from “enormous” short positions in silver futures"

Grupo Mexico Finance Director from 1994-2003 (and Asarco CEO for 2 yrs) now is on El Tigre Silver Corp. Board

"El Tigre Silver Corp. ("El Tigre" or the "Company") ... is pleased to welcome to its board of directors Mr. Daniel Tellechea....From 2003 to 2005, Mr. Tellechea was President and CEO of Asarco LLC ("Asarco") [Asarco Inc. - it became an LLC in 2005] . Previous to that, from 1994 to 2003, Mr. Tellechea served as the Managing Director of Finance and Administration of Grupo Mexico, Asarco's [present] parent corporation. For the period between 1999 and 2003, he also served as Asarco's Chief Financial Officer and as Vice-President of Finance for Southern Peru Copper Corporation, which was majority owned by Grupo Mexico"
http://www.marketwatch.com/story/el-tigre-appoints-new-director-2010-11-09?reflink=MW_news_stmp

Clients apparently included Asarco AG (Asarco Inc., Asarco SA) President

http://www.marketmicrostructure.org/about.html

"Established in 1999, the European Market Microstructure Institute (Европейский Институт Микроструктуры Рынка) provides Russian institutional investors with market microstructure modeling, quantitative research, consulting, and investment strategies with a focus on market maker behaviour for Eurozone index futures and oil futures....Representative Clients  [included] Bahrain International Bank; Banc Caribe; Bank Menatep (Group Menatep); British Trade and Commerce Bank; CreditTrust; Dialog-Optim Bank; Dr. Bent Hansen; Dr. Frank Modigliani; Dr. Reginald Zelnik; Dr. Richard Holton; Fargoil; Global Direct Dealing AG; Gold Bear (Moscow); Kommerchesky Bank Sberezheny; Mr. Alexander Slesarev; Mr. Andrei Kozlov; Mr. Jean-Pierre Aguilar; Mr. Konstantin Meshcheryakov; Mr. Mikhail Borisovich Khodorkovsky; Mr. Mikhail Katamanin; Mr. Oleg Zhukovsky; Mr. Stephen Curtis; Mr. Vladimir Dubov; Prof. Coimbatore Krishnarao (C.K.) Prahalad; Prof. Kuldeep Shastri; Promeximbank; Ratibor; Ratimer; Sir Clive Granger; Sodbusinessbank; Yukos Oil".

Asarco A.G.'s deceased President Mikhail Katamanin Chicago Lakefront estate to be settled in Lake County, not Russia

October 7, 2010 5:12 PM

".....the Highland Park home -- as well as an adjacent mansion at 975 N. Sheridan Road, in which Katamanin's relatives apparently lived -- were owned by a trust in Katamanin's name.

[the Judge] also appointed Lake County Public Guardian Keith West to oversee the identification and liquidation of Katamanin's assets and then distribute the assets to his heirs and many creditors.

Parties in the case are due back in court Nov. 15, at which time Kennedy said he plans to file a petition to recover assets for Plymouth Consultants."

http://www.chicagobreakingnews.com/2010/10/estate-of-north-shore-businessman-under-judges-control.html

http://www.chicagotribune.com/news/local/northnorthwest/ct-x-n-katamanin-20101015,0,5328102.story

Mansion owned by recently deceased President of the Swiss bank called ASARCO A.G. (Asarco Inc., Asarco SA)

(after you click on this link, look for "play slideshow" to see the slides of the property from the realty database)
Lakefront mansion

"(ASARCO LLC) Bankruptcy Litigation Team Offi ce of the General Counsel, Washington, D.C." "pollution control team"

'American Smelting and Refi ning Company (ASARCO LLC) Bankruptcy Litigation Team OGC: "Pollution Control Team" '
"Image taken on 2010-08-03 13:22:03 by USDAgov" see
http://bankruptcyscotland.com/10di1454-0044-pollution-control-team-american-smelting-and-refi-ning-company-asarco-llc-bankruptcy-litigation-team-ogc.html

"62nd Honor Awards ceremony held on August 3, 2010 in the Thomas Jefferson Auditorium at the U. S. Department of Agriculture in Washington, DC. Agriculture Secretary Tom Vilsack and Assistant Secretary for Administration Pearlie Reed present the award to Pollution Control Team - American Smelting and Refining Company (ASARCO LLC) Bankruptcy Litigation Team Offi ce of the General Counsel, Washington, D.C., group leader Ronals S. McClain for successful recovery of over $171 million in the ASARCO LLC bankruptcy to be used for environmental cleanup and natural resources restoration at 12 contaminated sites of Forest Service land."
http://www.flickr.com/photos/usdagov/4859616665/in/photostream/

Project Navigator Trustee Website : public input....... less than one week left and counting

Community has almost the full six weeks left to comment on the first two:
Demolition Health and Safety Plan (HASP), October 8, 2010
Draft Final Site Health and Safety Plan, October 8, 2010


Community has less than a week left to comment on the following:
Draft Community Assurance Plan (CAP), September 2010
Draft Community Relations Plan, September 2010

Asphalt Cap at Asarco El Paso TX more than a foot thick next to storm ponds

[click on image to zoom] This image is from
http://www.recastingthesmelter.com/wp-content/themes/recastingasarco/images/community_scholars_02.jpg

"Malcolm Pirnie responsible for IDENTIFYING ANY DATA GAPS" at the Asarco El Paso site...

"On May 20th [2010] the Site Trustee selected Malcolm Pirnie (www.pirnie.com) as the Environmental Engineering Consultant. Malcolm Pirnie has a high-level of experience successfully completing similar complex remediation jobs in Texas. The initial tasks of the consultant will be to: create an updated Site safety plan, analyze past site data and identify any data gaps and participate in the City’s upcoming charrette process."

Malcolm Pirnie is represented locally by a senior Project Manager and El Paso City School Board Trustee, David Dodge.  Mr. Dodge's resume, online at recastingthesmelter states that he is a member of the Paso del Norte Group. 

Santa Teresa Int. Port of Entry: 10 miles from the Asarco El Paso toxic epi-center

[click on map to zoom it in separate window]

UTEP CERM Director, Project Navigator, and Malcolm Pirnie ASKING FOR STUDENT INTERNS TO WORK at ASARCO EL PASO remediation-site

NO MENTION TO THE STUDENTS ABOUT POTENTIAL EXPOSURE TO UNDISCLOSED TOXINS.  THE EPA TOLD THE DOJ  ASARCO EL PASO HAD CONDUCTED NEARLY TEN YEARS OF ILLEGAL HAZ-WASTE INCINERATION-FOR-PROFIT.   Will these students be given haz-mat protection? 
http://www.recastingthesmelter.com/wp-content/themes/recastingasarco/downloads/UTEP-STUDENT-INTERNSHIPS.pdf

"Successful applicants will be employees of Malcolm Pirnie for one semester, working for 8-10 hrs/week, and assigned to one of the three teams of scientists and engineers working on-site at the ASARCO Remediation Project. Interns will be required to submit a report describing their experience and will be eligible for academic credit. Salary: $12/hr"

TCEQ says that ASARCO contaminated groundwater beneath El Paso Texas (this is within the Rio Grand alluvium)

"In accordance with the 1996 Agreed Order, ASARCO submitted the first Remedial Investigation (RI) Report on October 9, 1998. Subsequent RI Phase II, III & IV reports were submitted in July 2000, November 2001 and September 2003, respectively. The RI Report indicates the groundwater was impacted by plant operations. Since the process pond water and groundwater are interconnected, the process pond water is most likely the main source for metals in the groundwater"

surface soil ARSENIC AT 17,000 MG/KG at the ASARCO EL PASO SITE

"The elements which comprise the Chemicals of Concern (COC) at the [ASARCO] El Paso facility include arsenic (As), cadmium (Cd), chromium (Cr), copper (Cu), iron (Fe), lead (Pb), selenium (Se) and zinc (Zn). The most prevalent COCs are arsenic, lead, and cadmium. The highest on-site surface soil concentrations are arsenic at 17,000 mg/kg; lead at 49,000 mg/kg; and cadmium at 3,500 mg/kg."

http://www.tceq.state.tx.us/remediation/sites/asarco/media

October 6 - Public Hearing on the Texas Rail Plan

Fellow Texan:

The Texas Department of Transportation (TxDOT) is in the process of developing a comprehensive rail plan for Texas. The Texas Rail Plan will serve to guide future actions of TxDOT in cooperation with our rail partners as we work to meet the freight and passenger rail needs of the state.

We have traveled throughout the state this year conducting seven rail visioning workshops and ten public meetings to hear your ideas and get your input regarding the future of our state's rail system. Through this process we have developed a draft of the Texas Rail Plan that is ready for your review and feedback at the link referenced below.

We will hold a final public hearing on October 6, 2010, at 1:30 p.m. (CST) at the TxDOT Auditorium in Building 200, Room 1A-1 at 200 East Riverside Drive, Austin, Texas. If you are unable to attend the hearing, we encourage you to visit our website at: http://www.txdot.gov/public_involvement/rail_plan/default.htm to review the draft document and provide comments. The mailing address, if preferred, is also available at this link.

Following the public hearing, and a 30-day comment period, we will analyze the feedback and finalize the plan for submittal to the Texas Transportation Commission for adoption. Afterwards, TxDOT will submit the Texas Rail Plan to the Federal Railroad Administration for coordination with the National Rail Plan.  The plan will also be made available to the Texas legislature for their consideration.

TxDOT values your participation in laying the foundation for the Texas Rail Plan and creating a vision for the future of rail in Texas. We hope you will participate in this important planning process.

... inquiries may be directed to AskTxDOT@dot.state.tx.us

Texas Department of Transportation * 125 E. 11th Street * Austin, TX 78701 * (512) 463-8585

"(AMM) Asarco's legal battles rage on despite Chapter 11 exit" Federal DOJ, TX/WA/MT lose big

"Google Alert

(AMM) Asarco's legal battles rage on despite Chapter 11 exit
Metalbulletin.com (subscription)
Asarco LLC's legal team received a reprieve Sept. 29 when a Texas judge denied substantial contribution claims made by the US government and three states in ..."

"NEW YORK 01 October 2010 Asarco LLC's legal team received a reprieve Sept. 29 when a Texas judge denied substantial contribution claims made by the U.S. government and three states in the company's Chapter 11 bankruptcy case. Judge Richard Schmidt of the U.S. Bankruptcy Court for the Southern District of Texas rejected applications by Texas, Washington, Montana and the U.S. Department of Justice for more than $22 million in fees and expenses associated with Asarco's bankruptcy. According to Schmidt's memorandum opinion, the government movants had already received payment in previously settled environmental claims. "

"Mine giant Grupo Mexico gains upper hand in Sonora : Asarco workers here worry that union losses in Cananea dispute could carry over"

http://azstarnet.com/business/local/article_413da48c-6854-5956-881f-5d70a8551b27.html

"CANANEA, Sonora - The Mexican conglomerate that owns Tucson-based Asarco LLC is winning a long labor conflict south of the border, a victory that could reverberate across North America....Arizona mining contractors, such as Tucson-based Modular Mining Systems, are benefiting from the re-opening of the massive mine by making sales there....This outsourcing of labor tells Bensusan, the Mexico City researcher, that Grupo Mexico is winning in its effort to undercut independent unions...."

ASARCO Denver CO site -- "assumption of environmental cleanup"

compare this clean-up with Superfund effort at Asarco E. Helena MT 

"Google alert
Colorado business park to get funds - The Denver Post
The 77-acre former Asarco property north of downtown is targeted for 1.1 million square feet of industrial development after it is cleaned up. ...
www.denverpost.com/commented/ci_16211013?source...
"

"After the site is cleaned up, Adams County will contribute $10 million to develop the site from a grant it received from the U.S. Department of Housing and Urban Development. .....Brownfield Partners reached an agreement with Asarco in 2006 to buy the property out of bankruptcy. At the time, it said it would redevelop the site as a high-end industrial business park.   ....Asarco valued the transaction at about $8 million, largely as a result of the liability transfer, assumption of environmental cleanup and decommissioning of the facility."

Testing at Asarco [El Paso] : Has XRF been used and if not, why [and what about RADON]

Mr. Puga:

Current research by M.D.'s (2009) show significant radon contamination throughout El Paso - heavily associated with the dirt outside of homes, and they recommend clean-up.  The levels are very significant.  It is very interesting that you state "El Paso County has low radon potential" when the medical doctors are finding radon to be a huge problem here. 

We already know from the EPA that El Paso TX had the highest Beta Radiation levels in the nation just before Asarco El Paso shut down in 2/99.  Mr. Bill Luthans asserted that this was "naturally occurring radiation" (or "NORM"/"TENORM") and said it was not a problem - but could not provide data to back-up his statement that the radiation was not a problem.

You are incorrect to state that "Radon gas, which is a naturally occurring substance, is not measured using XRF methods".   Radon is an element that appears from radium decay, and can be detected with many different methods.  It is radioactive and hazardous to our health.  

You did not provide any links or documents showing any XRF data from ASARCO.  In fact, Asarco El Paso refused to allow XRF technology to be tested on-site) to determine what chemicals have been left here by the nearly ten years of illegal, untracked, incineration of both military and industrial wastes for profit by Asarco El Paso.  

I would like to know why Project Navigator continues to dodge the question of the illegal chemical residues at the site.  I would like Project Navigator to provide data showing the radon, radium and radio-isotope levels at the site. 

EPA has provided proof now that ASARCO handled radioactive materials.

I would like to know who Mary Koks is (you copied her on your reply) at <mkoks@munsch.com>; and, why you felt it necessary to also copy the TCEQ attorney, Caroline Sweeney on your reply.  Are Radon and NORM/TENORM at ASARCO something that Project Navigator is afraid to discuss with the public?

Details about what chemicals have been left here by the nearly ten years of illegal, untracked, incineration of both military and industrial wastes for profit by Asarco El Paso continue to be kept secret; but, such secrecy/gag is likely illegal now that the Federal Dept. of Justice made the confidential-for-settlement-purposes-only EPA-DOJ-Asarco agreement public domain.   

Project Navigator should honor the intent of this public-domain-release of information; and, also the La Paz Accord JAC committee International Recommendation (to measure background contamination levels).   To continue to withhold full disclosure from the public about the poisons remaining around this site is ethically and morally wrong; potentially places the elderly, the young, the unborn and the ill in grave dangers that could be averted; and potentially puts Project Navigator in the sad role of making profits in a fake clean-up at the expense of our future generations.

-------- Original Message --------

Subject:	RE: Testing at Asarco: Has XRF been used and if not, why
Date:	Thu, 30 Sep 2010
From:	Roberto Puga <rpuga(at)projectnavigator.com>

Hello  ---,

 

Thank you again for your continuing interest in this project.  We offer the following responses to your questions:

 

1. Laboratory-type X-ray fluorescence (XRF) methods were employed in the past by Asarco to measure metal concentrations in soils and slag. Any results relating to X-ray and other analysis reported to the various regulatory agencies are documented in the remedial investigation reports produced for the site. These reports are available in the public record from the TCEQ and on the Trust website. 
2. Remedial contractors typically employ portable XRF screening tools for qualitative measurements during remediation of metal impacted sites.  The approved use of any analytical tools which may include XRF screening tools will be outlined in the appropriate work plans and procedures which will be posted on the Trust website.
3. Radon gas, which is a naturally occurring substance, is not measured using XRF methods, and in any case is not a constituent of concern at the site.  According to the Texas Department of State Health Services, El Paso County has low radon potential.  Outside ventilated, above-grade commercial buildings, which includes the plant office, (the only occupied building on the site) are generally not surveyed for radon.  Since radon is not a constituent of concern and there is no indication of radon sources there is not a concern for radon accumulation.  Testing requirements for constituents in stormwater runoff are detailed in the site discharge permit, which does not include radon.
4. The Trust has been extraordinarily transparent in all of its activities, and has posted requested information on its web-site.  The Trust will continue its policy as it completes its mission for the site.
5. We advise every one of the potential hazards at the site, and our Health and Safety program mandates training, personnel protection and monitoring for workers that may come in contact with constituents of concern.

 

Regards,

 

Roberto Puga

Trustee

 

---

From:
Sent: Saturday, September 18, 2010
To: Roberto Puga; Elizabeth Schell
Subject: Testing at Asarco: Has XRF been used and if not, why

 

To:  Project Navigator
Fr:  ---
sb:  XRF technology

Has XRF technology been used to test at the ASARCO El Paso site, and if not, then why not?

If XRF technology has been used then please advise us to the results of that testing.

XRF can detect Radon (element #86).  It is radioactive and is a known health hazard.  What were the results for Radon within the buildings and for the run-off/effluent water from ASARCO?

Do I need to force further disclosure through a P.I.A. or FOIA?  Please let me know.

Please also advise your potential contractors about the years of illegal toxic-waste burnings at Asarco; and, also advise any potential Project Navigator-UTEP interns of child-bearing-age of these chemicals.

- ---