EPA SAID (quote!): "THIS ACTIVITY PLAIN AND SIMPLE WAS ILLEGAL TREATMENT AND DISPOSAL OF HAZARDOUS WASTE"

[bolded text are quotes from secret EPA document to Federal Dept. of Justice]

"Group alleges Asarco took in hazardous waste

By Erica Molina Johnson / El Paso Times

Article Launched: 10/12/2007 12:00:00 AM MDT

" Opponents of the reopening of the Asarco copper smelter publicly repeated their request on Thursday that County Attorney José Rodríguez pursue a criminal investigation of the company's alleged illegal handling of hazardous waste.  'Asarco did something bad, and they were allowed to do it by our government,' said Heather McMurray, a member of the Get the Lead Out Coalition and of the Sierra Club.".... 

"Encycle routinely accepted wastes with little or no metals value and blended these wastes into its metals concentrates."

" 'GTLO and Sierra Club are essentially requesting that the public and news media ignore the official, well-documented record, and the rule of law in the state of Texas and in the United States with their meritless allegations,' Asarco lawyer Doug McCallister said in an e-mailed statement.

"As previously articulated, and outlined below, the Encycle submittal upon 'which the 1989 TWC letter was based, completely omitted a description of the SUBSTANTIAL direct mixing of unprocessed hazardous waste into its alleged "product". Nothing in the settlement statement effectively disputes these facts. As such, the TWC letter was inappropriately relied on by Encycle and ASARCO, because the application of the exemption to Encycle alleged ''products" was legally erroneous"

He continued that the groups and the city of El Paso are 'expressing extremist views' in an effort to damage the company's reputation, follow a political agenda and take over the company's land.'

[the EPA wrote to the Federal Dept. of Justice : "EPA has made clear that sham recycling, as opposed to legitimate recycling, occurs when the hazardous waste purportedly recycled contributes in no significant way to the production of the product allegedly resulting from the recycling."]

McCallister said that the allegations that Asarco has engaged in illegal activities are untrue and that the company will "take appropriate steps to protect its reputation and the reputation of its employees."

The EPA continued its settlement document, writing (these are THEIR WORDS) "This activity, plain and simple, was illegal treatment and disposal of hazardous waste, since the wastes could not have contributed in any significant way to the production of the metals concentrates"

Newspaper Tree Opinion Page - Reader says to Sacrifice El Paso...

"Screw El Paso. The country needs the smelter.[Why not site the smelter in Austin TX? ] Otherwise China will smelt all of our copper without acid plants, and the SO2 will blow right on over here. We'll pay to ship the concentrate over there and pay to ship the copper back. -- Brian"
http://newspapertree.com/opinion/1724-readers-respond-10-12-07

Notice of Lodging of Proposed Settlement Agreement DOES NOT INCLUDE THE TOXIC WASTE!!!!!!!

"Notice of Lodging of Proposed Settlement Agreement Under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
Friday, October 12, 2007; Posted: 10:16 AM

Oct 12, 2007 (FIND, Inc. via COMTEX) -- AR | charts | news | PowerRating -- Notice is hereby given that on September 28, 2007, a proposed Settlement Agreement Regarding the El Paso County Metals Survey Site was filed with the United States Bankruptcy Court for the Southern District of Texas in In re Asarco LLC, No. 05-21207 (Bankr. S.D. Tex.). The proposed Agreement entered into among the Untied States on behalf of the Environmental Protection Agency, State of Texas, and Asarco LLC ("Asarco") provides, inter alia, that the United States shall have an allowed general unsecured claim of $13,280,780 and the State of Texas shall have an allowed general unsecured claim of $419,220 for past response costs for the El Paso County Metals Surveys Site incurred prior to May 1, 2007.

The Department of Justice will receive comments relating to the proposed Agreement for a period of thirty (30) days from the date of this publication. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to pubcomment- ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, and should refer to In re Asarco LLC, DJ Ref. No. 90-11-3-08633.

The proposed Agreement may be examined at the Office of the United States Attorney for the Southern District of Texas, 800 North Shoreline Blvd, #500, Corpus Christi, TX 78476-2001, and at the Region 6 Office of the United States Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202. During the public comment period, the proposed Agreement may also be examined on the following Department of Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html . A copy of the proposed Agreement may also be obtained by mail from the Consent

[Page Number 58124]

Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611 or by faxing or e-mailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax no. (202) 514-0097, phone confirmation number (202) 514-1547. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $3.00 (25 cents per page reproduction cost) payable to the U.S. Treasury.

Bruce S. Gelber,

Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division.

[FR Doc. 07-5028 Filed 10-11-07; 8:45 am]

BILLING CODE 4410-15-M

Vol. 72, No. 197"
http://www.tradingmarkets.com/.site/news/Stock%20News/696285/

History: Synagro and MERCO Sierra Blanca Sludge dump

Synagro (pronounced "SIN-a-grow") was one of the biosolids (sludge) dumpers that MERCO contracted with to dump sludge at Sierra Blanca during the prior sludge-dumping years.

The State of Texas General Land Office bought the Merco sludge site last year for five million dollars and some of the same people connected with the old dumping are preparing to dump sludge there, again.

Harbinger settles disagreement with Asarco over documents

"Associated Press - October 11, 2007 5:55 PM ET

WASHINGTON (AP) - Harbinger Capital Partners has settled a fight with Asarco over access to the mining company's financial records.

The agreement could open the way for the hedge fund to finance Asarco's exit from bankruptcy protection.

Details are in papers filed this week in bankruptcy court in Corpus Christi.

Asarco says it has changed the terms of a confidentiality agreement that potential investors are required to sign."
http://www.kxan.com/global/story.asp?s=7201920&ClientType=Printable

2/07 Carlyle bought Houston based SYNAGRO sludge dumper

(click on image to read full size)
http://wastenews.texterity.com/wastenews/20070205/?pg=6

New York City sludge HOUSTON company Synagro is owned by "Carlyle Owners", part of the Carlyle Group

SYNAGRO (NY City Sludge treatment Company, located in HOUSTON TEXAS) is owned by company that is part-owner of GRUPO MEXICO (ASARCO):

 "Parent is the sole stockholder of Merger Sub, and Parent is currently wholly-owned by CIP Grey Partnership, L.P. At the effective time of the merger, Parent will be owned by Carlyle Grey Partners, L.P., CIP Direct Partnership, L.P., CIP Grey Partnership, L.P. and CIP Coinvestment, L.P., which we collectively refer to as the “Carlyle Owners.” The Carlyle Owners are managed by and act through their general partner, Carlyle Infrastructure General Partner, L.P., which we refer to as the “General Partner.” The General Partner’s sole general partner is TC Group Infrastructure, L.L.C., the sole member of which is TC Group, L.L.C. The managing member of TC Group, L.L.C. is TCG Holdings, L.L.C. Each of the Carlyle Owners and the General Partner is a Delaware limited partnership, and each of TC Group Infrastructure, L.L.C., TC Group, L.L.C. and TCG Holdings, L.L.C. is a Delaware limited liability company. The Carlyle Owners are a part of The Carlyle Group, which we refer to as “Carlyle,” one of the world’s largest private equity firms.
The business address for each of the Carlyle Owners, the General Partner, TC Group Infrastructure, L.L.C., TC Group, L.L.C. and TCG Holdings, L.L.C. is c/o The Carlyle Group, 1001 Pennsylvania Avenue, NW Washington, DC 20004-2505."

[Remember, Texas G.L.O. is planning on resuming sludge dumping at Sierra Blanca on the old mob-connected NYC MERCO sludge dump/ranch -- at about the same time that Asarco is planning to re-open -- would that sludge dumper be Synagro sludge, also?]

http://google.brand.edgar-online.com/EFX_dll/EDGARpro.dll?FetchFilingHTML1?SessionID=HI_MjTdF57jtWrB&ID=4951885

PRESS CONFERENCE THURS. OCT 11 at 11 AM

(click on image to see the full view)

Folic Acid Lowers Blood Arsenic Levels, Study Shows

Web address: http://www.sciencedaily.com/releases/2007/10/071008080137.htm

"Folic Acid Lowers Blood Arsenic Levels, Study Shows

Science Daily - A new study by researchers at Columbia University Mailman
School of Public Health finds that folic acid supplements can dramatically
lower blood arsenic levels in individuals exposed to arsenic through
contaminated drinking water. This toxic element, naturally present in some
aquifers used for drinking, is currently a significant public health problem
in at least 70 countries, including several developing countries and also
parts of the U.S. Chronic arsenic exposure is associated with increased risk
for skin, liver and bladder cancers, skin lesions, cardiovascular disease,
and other adverse health outcomes.

The researchers found that treatment with 400 micrograms a day of folic
acid, the U.S. recommended dietary allowance, reduced total blood arsenic
levels in the study population by 14 percent. Folate, a B vitamin found in
leafy vegetables, citrus fruits, beans, and whole grains, can also be taken
as a vitamin supplement, and in the U.S., is added to flour and other
fortified foods. ...."
American Journal of Clinical Nutrition. Article:  "Folic Acid Supplementation Lowers Blood Arsenic," in Am J Clin
Nutr 86:1202-1209 (2007)

http://www.noccawood.ca
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What we do for ourselves dies with us. What we do for others and the world remains and is immortal.
Albert Pine

TCEQ renews Asarco El Paso Water Permit despite protests and evidence

(click on image of TCEQ letter to see it full-size)

San Antonio Express Gary Scharrer Austin Bureau

San Antonio Express - San Antonio,TX,USA
City councils in three states and two countries oppose reopening the ASARCO smelter, whose towering 828-foot stack competes with the neighboring Franklin ...

Reopening of El Paso copper smelter worries some

Smelter Cemetery slideshow

http://www.flickr.com/photos/mpaulda/sets/72157602299878407/show/