News From USW: ''Second Pollution Suit in the Works,'' USW Tells Giant Cement; Compounding Violations Mean Potential Liability Exceeds $280 Million

News From USW: The United Steelworkers (USW) today
announced that the Union has issued a second notice of intent to sue
letter to Giant Cement Company, Giant Resource Recovery and their
parent company, Giant Cement Holding, Inc. (GCHI). The USW alleges the
companies failed to report the release of certain chemicals into the
environment in 2002 and 2003 as required under the Emergency Planning
and Community Right-To-Know Act (EPCRA).
"Our investigation of Giant's environmental record, including
review of the Risk Management Plans submitted by Giant, indicate that
the company has repeatedly failed to report the release of chemicals
at the Harleyville facility," said Richard Thomas, USW Representative.
"We believe these ongoing EPCRA violations are only part of a larger,
corporate-wide pattern of disregard for laws governing health, safety
and the environment. This company has to be held accountable."
After issuing a previous notice in January of this year, the USW
filed a complaint on April 27 in the Charleston Division of the U.S.
District Court for the District of South Carolina for similar alleged
EPCRA violations for the year 2004. According to that complaint, Giant
failed to submit Toxic Chemical Release Forms, otherwise known as Form
R Reports, for at least six chemicals that were used at the facility.
According to the federal statute, a court may assess $27,500 per
day for each violation after January 30, 1997, through March 15, 2004,
and $32,500 per day for each violation thereafter. Giant's potential
liability for the violations alleged by the USW now totals more than
$280 million, plus the additional cost of attorneys and expert fees
incurred by the USW.
The USW has released a 10-page pamphlet titled, "You Should Know,"
which provides information on numerous environmental violations at
Giant facilities. The pamphlet also provides a phone number to the
United States Environmental Protection Agency for citizens to call and
demand an investigation of Giant's operations around the country,
which manage and burn millions of gallons of hazardous waste annually.
GHCI and its subsidiaries are controlled by their parent company
Cementos Portland Valderrivas, based in Spain. Valderrivas is majority
owned by the construction and services conglomerate, Fomento de
Construcciones y Contratas (F.C.C.).