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"