In the wake of the announcement by the Delaware Department of Natural Resources and Environmental Control (DNREC) that Claymont Steel has been releasing up to ten (10) times the amount of mercury in to the air than it was previously thought and represented to authorities, State Representatives Robert J. Valihura, Jr. (R-Delaware North), Wayne A. Smith (R-Brandywine Hundred-North) and Gregory Lavelle (R-Sharpley) and State Senator Cathy Cloutier (R-Heatherbrooke) today announced that they have requested that the Attorney General begin an immediate investigation into whether there is any possible criminal wrongdoing with respect to these toxic releases.

Late last week, DNREC Secretary John Hughes, prior to the monthly meeting of the Claymont Community Coalition, announced that his office had just received and verified testing results that demonstrated that Claymont Steel (formerly known as CitiSteel) rather than releasing mercury at the reported amounts of 30 to 40 pounds per year, has actually been releasing amounts up to 300-400 pounds per year making Claymont Steel the highest generator of mercury emissions in the state, and, quite possibly, the region.

Claymont Steel is the state's only steel producer, and it smelts recycled scrap steel products, including used automobiles, to produce custom steel plate products, including steel for bridges, rail cars and heavy machinery. As theorized by DNREC, the excessive amounts of mercury experienced in discharges from the plant are being released from the smelting of automobile hoods and trunks that contain mercury switches that have not been removed during the recycling process.

The lawmakers are concerned that Claymont Steel may have violated Delaware's laws in a number of areas, including in their representations to DNREC officials about the amount of pollutants they have been releasing and including whether such representations were made knowingly and willfully, and whether their actions recklessly disregarded the health and safety of the residents in the surrounding communities. A copy of the lawmakers' letter to the Attorney General is attached.

Representative Valihura deemed the emissions at Claymont Steel as "wholly unacceptable" and "shocking" and he reiterated his call, made at the Claymont Community Coalition meeting, for DNREC to use all of its investigation and enforcement tools to determine if, when and how Claymont Steel switched to using recycled automobiles without the removal of mercury switches. Representative Valihura also called on the Attorney General to take swift action, noting that, "The community has every right to know whether what has happed here involves an unconscionable economic choice made by Claymont Steel to the detriment of this community. They need to know whether Claymont Steel bargained for and brought into our community cheaper recycled automobile steel with the mercury switches still intact rather than using the more expensive recycled scrap automobile steel with the switches removed. The Attorney General needs to determine if criminal laws have been broken."

House Majority Leader Rep. Smith was adamant that Claymont Steel immediately curb its mercury emissions to within the appropriate standard, stating, "We should have a zero tolerance for these kinds of toxic releases. Public health cannot take a back seat to industry."

Senator Cloutier, noting that DNREC could not as yet tell Claymont residents how long such extraordinary toxic releases have been going on, stated, "Stopping the emissions has to be the number one priority, but DNREC officials need to do a prompt investigation to give our citizens the critical information on how long and how much mercury they have been exposed to from this plant." With regard to the consequences to Claymont Steel of this exposure on the community to mercury emissions, Senator Cloutier further commented, "The citizens of Claymont and northern Delaware deserve to know whether these excessive, unhealthy and unprecedented releases are criminal in nature, and the Attorney General must step in and assure the community that all that can be done to protect them is being done."

Representative Lavelle, capturing the sentiment of the community, expressed disbelief at the apparent cavalier attitude of Claymont Steel in failing to recognize the threat that these toxic mercury emissions would have on the community. According to Representative Lavelle, "It is well known in the industry that certain automobile scrap metal contains mercury, and Claymont Steel officials had to have known of the hazardous materials in the scrap material that they brought into the site. The plant's failure to take precautionary measures to minimize the risk to the community speaks volumes as to its motives. The Attorney General's investigation will assure the citizens that I represent that any criminal behavior engaged in here will be dealt with justly."

The lawmakers commended DNREC Secretary Hughes for his quick and decisive action on the matter and for promptly informing the public. Secretary Hughes met with Claymont Steel officials last week and demanded that the toxic emissions be reduced immediately. The lawmakers and the public are awaiting Secretary Hughes' Secretary's Order that will provide the frame work for Claymont Steel's reduction and remediation efforts and for continual monitoring of the emissions at the plant.

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