Document 3QM3QK1OoLgV1VjeD0DwaBx6
STATE OP NE3f YOra;
DEPARTMENT OF EWVIRONMENTAL CONSERVATION
ALBANY, HEW YORK 12233
PETER A .A. BERLE, COMMISSIONER
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FOR RELEASE: IMMEDIATE, WEDNESDAY, SEPTEMBER B, 1976
The New York State Department of Environmental Conservation and the General
Electric Company will cooperate in a $7 million program to deal with PCBs in the
Hudson River, Peter A.A* Bcrle, New York State's Commissioner of Environmental
Conservation and John F. Welrn, vice President and Group Executive, General Electric
Company, jointly announced here today,'
Conraissioner Serve signed a settlement agreement and issued a consent order
settling the legal action brought against General Electric relating to the discharge
of polychlorinated biphenyls (PCB) into the Hudson Fiver.
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The settlement, agreed to by all intervenors, provides for General Electric
to contribute $4 million - $3 million in a lump sum to the Department of Environ
mental Conservation and $1 million to perform related research, making the benefits
of the research available to the Department. The Department will participate in the
conprehensive program in a monetary amount comparable to General Electric's cash
contribution.
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In addition. General Electric has agreed, by July 1, 1977, to discontinue use
of PCB compounds in capacitor manufacturing. General Electric has also agreed to continue to reduce its discharge from its
facilities at Hudson Falls and Fort Edward from its present leyel of less than
1 lb/day. General Electric will move- ahead immediately witti its $3.5 million treatment
facility which will be completed by April of 1977. Upon completion of this facility,
discharges from its Hudson palls and Fort Edward locations will b^xflcfuccd to an
average of 1 grora/day (.0022 lbs/day).
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In addition, General Electric will conduct research in the amount of $1 million
in the following aroast -- $400,000 for research on the environmental compatibility of the PCB
substitute.
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* -- $400,000 for research-and pilot plant studies on the removal or treatment
of PCBs in liquids and sediments from Hudson River sludge dredged by the Department.
-- $200,000 for research into the impact of substances which 'may be hazardous
. to the environment to be chosen by Commissioner Berle. This program will
consist of chemical and biological tests at a research institution to
. be selected fcy the Commissioner.
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' The coiqprehensive $7 million program will be under the Department's direction
with the advice of an Advisory Coranittee of independent exports to be selected by
the Commissioner. $6 million of the program will be directed toward:
-- Monitoring of the presence and levels of PCBs discharged into the
Hudson River waters.
~ Further investigation of the need for remedial action concerning PCBs
presently in the River.
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-- Taking of remedial action, including dredging of the River if* this is
deemed necessary and environmentally sound. -- Revitalization of the recreational and commercial values of the Hudson River
-- Aiding in the development of a program to regulate storage and discharge of
substances hazardous to the environment, .if all of the funds are not needed
to deal with PCBs. Professor Abraham S^faer of the Columbia University School of taw, Hearing
Officer in the case, recommended acceptance of the agreement on the grounds that "its
tornu are reasonable" and said that the agrgement "substitutes tangible advantages
for legal uncertainty and delay."
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"Thio notion of shared responsibility is one which can only foster heightened awareness and caution by regulators, as well as increased trust and cooperation by the regulated. Its utilization in this case is warranted by the circumstances,
and makes the proposed agreement an attractive precedent for dealing with situations
of joint culpability. The settlement brings no sure solution to a serious and
difficult ecological problem," Professor Sofaer said. "But it does assure that a
comprehensive study will occur, and that several millions of dollars will bo spent
to remove PCBs and improve the Hudson, if those measures are necessary and practicable.
It is an arrangement we can confidently accept as a reasonable, fair and constructive
step. The parties and their attorneys desefve the public's gratitude for workin?/ so
rosponsibly to bring this controversy to a constructive resolution."
Commissioner Berle said, "This agreement by General Electric to contribute
$4 million in cash and. scientific research, and to discontinue the use of PCBs,
represents real progress in our drive to remove toxic substances from the Waters of
Hew York. This settlement will enable us to move ahead rapidly with a $7 million
program to upgrade this great natural resource."
. Mr. Welch said, "The program outlined today represents an excellent example of
industry and the state working and learning together and provides the means to
undertake immediate action on an intensely complex issue." -
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The Agreement and Final Order settling the case initiated by D.E.C. on
September 8, 1975 was signed by both Dr. John F. Welch, General Electric's Vico
President and Group Executive, and Commissioner peter A.A. Berle at tho Department of
Environmental Conservation offices, 50 Wolf Road, Albany, New York.
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