Document Ex331rzrYXyMNqVrVYqXEyZmN

State FTC '; A PCB POLLUTER1 $ayi Oitohargt In Hudun Violate* Twc Statitte*-- May Alien Penaltiei (y MCHMD SEVERO Tha Oenara) EJecirlc Comp* ny was foud ynterday to have violated two Mate lawt by iu discharges of toxio PCB's into the Hudton River. The company wu told that It would have to take atepa to limit "drastically" the diebarges, ooaaider substituting chomicala that an Ian dinger* out and explore how it can rectify damage already done to the river, The finding wae made In a 77*page report by Prof. Abra ham ffofeer of ihe Columbia Law School, who conducted a hearing on the chargee, celled by the State Department of Environmental Conservation. Profeisor Sofaer'i ruling her the force of law. It oan he ep* Ipealed to the Appellate Divi-- lion. ' I Professor Softer Hid the bearing would be reconvened, soon to determine the extent' of eny penellles to be esaessed aad to answer six major ques tions-. (Would ft he Uwtui and environmentally sound to ne ed t General Electric's offerI to reduce the discharges of] pt B'e--polychlorinated biphen yl -to three and a half ounoael a; day from two capacitor p| nta al Port Edward and Hud* as i Falls, north of Albany? 11 e company has Indicated that It could achieve this by Juna of 1977. The state Conservation G mmlealoner, Ogden It. Reid, his asked (or xero discharge M) next Sept. 90, a deadline this eompany says It cannot j(How much should the com- piny be ordered to do "to Wctlfy the effects of Its prior scharges, including whether y practicable and environ* mtally safe method exists can ba devised to remove 'a from the river bottom, the expected duration and . jnt of . . . contamination no ramedlil steps are taken?" hearing to determine if the fempany should. In effect, help K| for such reparations would inprecedantad In state hlsto* Jj(To what extent should the * Mr. Reid was criticized last dompany he required "to re Jkonth by the State Commerce move PCB*conumtneted earth1 Commissioner, John S. Dyson, 2nd equipment from around Jwho said that if New York ftjz plants'' and what la "thei Adopted the strict environmen manner in which this operation tal standards that Mr. Reid Should be conducted?" Lanted, Industry would move (A determination of what taut to states mat had more Substitutes exist for PCB'i, "in- lenient standards. Icluding their adequacy and en< }* Shortly thereafter, Governor frlronmental acceptability/ Ja-, arey indicated that he, too, fean hns already banned the panted Mr. Reid to m hit! iu of PCB's and is using sub Aland on General Electric, stitutes, and the Monsanto In* a A spokesmen for the Gover-, duilrial Chemicals Company, 5ior ibid yesterday that there Jthe sole producer of PCB'a In WkhiM be no Immediate cont She United States, said two] inent on Professor Softer'* rul 'weeks ago that It was planning! ing until the Governor had had Bo phase out Its manufacture Wirficlent time to study It. y( the chemical. i * Initially, some itate officials ; The chemical has been ini Vera fearful that New York's widespread industrial use for ^proposed strict stand on PCB's Is years, but only recently {greatly exceed Federal stand -have scientists determined its ards. However, the Federal En- 'pervasiveness and durability in , Ironmental Protection Admin- he environment and labeled itrator, Russel Train, wants) It u a carcinogen --a cause lenera) Electric to eliminate! If cancer--and the cause of I ill PCB ttiacharget from the! tther illnesees in animate and tudeon River by July 1, 1977. mmans. Thus, the only difference In (Is General Electric now woposed state and Federal "utilizing proper care. ... to itandards Is that the Federal void PCB contamination," Bovammant would give 0. E. and) what controls does G.E. 10 more months to achieve itve In affect. If any, to Insure hat FCB-lmpregnated equip* "zero discharge," and G. E. has indicated that Jt cannot matt nent is not being permitted this deadline, either. ' , :o become a hazard to. the environment after use? (is there a legal necaully Or the company to poet a ; 12 million performance bond, asked by the Department , I Environmental Conserve- ion? Such a bond would prosura* My bo forfeited If tha com* Mr. Rekl laid the department agreed with Mr. Sofaer'i vieW that tha hearings should pro ceed "with an appreciation for what G.E. la prepared to accom plish without compulsion," but ha emphasized that the Depart ment of Environmental Corner-, Vation would accept no er-j ny did not meet environment Crangement with the eompany al standards set forth. **Tba record in this case over* vhelmingly demonstrates viola* ions," Mid Professor Softer llhaf was not "consistent with Uta public Interest, having the full force and effect of Taw." n his opinion. "G.E. has dis* hergad PCB's in quantities hat have breached appiiceble Uodtrds of water quality." Professor Softer added met ha contamination problem was i result "of both coreorate ihuia and regulatory failure: orporate abuM in thad G.E. aused the PCI's to be dis* herald without exercising suf* Mont preeaution and concern; ilntd *UU aitnelM of Iu etlvttlw, in* Uuy loo oxeH liirf iMuffletont caution ond noun until thl, notion wu In- Ulutod by Nnw York', pnnnt iommlnloiMr of bnvtronmwiul 1 ionwmtlon." .... Thor, wu no ImmoaMU onnunt from OomiwI Electric, Web ml* II wu wIUu bof yrofMior (ofur'i fuid- fUuo. he gravity of the I ontbmlnaTlon level In the Kud* on, Profisdor Softer Mid that smile meal of an aal caught t SWIwatar, which contained 09,29 parts par million of GB'a In Ua edible parts* would contamimta an adult rtth over 90 percent of the ood and Drug AdmlnJilra* ferns:* estimated lifetime limit, Rd child with 200 .peroentj NtanllowaMe Jifarims limit' MONS 031838