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Groups Threaten Suit Over Hazardous Waste Incinerator

Illinois - Today the Sierra Club and American Bottom Conservancy notified the U.S. Environmental Protection Agency that they are moving forward to sue the agency over its failure to protect the public from dangerous levels of air pollution at the Onyx hazardous waste incinerator in Sauget, Illinois. Sauget abuts East St. Louis and sits on the Mississippi River across from St. Louis.

On February 18, 2004 these groups formally requested US EPA intervene and block the state of Illinois from issuing Onyx a federal operating permit because of a history of explosions and illegal air pollution at the incinerator. The groups’ petition urged US EPA to step in and order Illinois EPA to require more stringent permit limits, to prohibit the emission of any mercury or lead, and to put Onyx on a strict compliance schedule designed to eliminate any future violations. Under federal law US EPA was required to respond within sixty days of receiving the groups’ request. Fourteen months later the groups are today notifying US EPA that they will file suit in federal court if the agency does not respond within sixty days.

“US EPA’s failure to object to the proposed permit means that the facility is operating without the safeguards necessary to protect our families,” said Verena Owen, Clean Air Campaign chair for the Illinois Sierra Club. “We have patiently waited for fourteen months and still US EPA has done nothing to protect our air and water from this incinerator’s cancer-causing pollution.” 

“Onyx’s terrible compliance record demonstrates that it is incapable of managing and disposing of some of the most dangerous wastes known to science,” said Kathy Andria of the American Bottom Conservancy, a non-profit organization located in nearby East St. Louis. “Onyx emits a toxic stew of dangerous chemicals, including cancer-causing dioxin and brain-damaging mercury. Its operation threatens the health and welfare of all those living and working around it. Dangerous levels of lead and mercury already exist in East St. Louis. This cannot continue.”

“This incinerator has a lengthy rap sheet involving explosions that released clouds of poisonous gases and hospitalized workers, and has repeatedly been fined by state and federal agencies,” said Bruce Nilles, attorney for the Sierra Club. “Yet the violations continue. US EPA has a legal and moral duty to step in when the Illinois EPA is unwilling to protect area residents from such a dangerous source of air pollution.”

“US EPA is supposed to be protecting the right of all Americans to clean air and clean water regardless of race or income,” said Ted Horn, chair of the local Kaskaskia Group of the Sierra Club. “It is a sad day in America when we have to threaten a lawsuit to get US EPA to do its job.”