State Representative Robert J. Valihura, Jr. (R-Delaware North) and State Senator Cathy Cloutier (R-Heatherbrooke) today announced that they will introduce legislation upon their return to Dover in January that will virtually eliminate the discharge of mercury into the environment. The lawmakers' action comes in response to the disclosure that Claymont Steel has been releasing up to ten (10) times the amount of mercury into the air than it was previously thought and represented to authorities.

As disclosed to the public recently, John Hughes, Secretary of the Delaware Department of Natural Resources and Environmental Control (DNREC), announced that his office had 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 level, has actually been releasing amounts up to 300-400 pounds per year making Claymont Steel the highest generator of mercury emissions in the region and among the top 20 in the country.

Today's announcement follows the further investigation by the lawmakers into the matter, and their inquiry into how the State can take steps to eliminate mercury in the environment. The legislation, to be modeled on legislation from the Northeast Waste Management Officials' Association, will be a comprehensive package of reforms that will ensure the problems that have cropped up at Claymont Steel will not be experienced again in the State. The centerpiece of the legislation is the phase out of mercury containing products, the disposal ban of mercury containing products and the mandate of proper recycling of motor vehicles and appliances by removing all mercury added component products.

Representative Valihura called for swift action to pass this legislation. According to Representative Valihura, "It is reprehensible that scrap metal being shredded today still contains mercury products. After a thorough review of the materials and information available, we are convinced that this model legislation is the best available to address the concerns of the public because, among other important provisions, it will mandate that mercury added products must be removed before scrap metal is shredded for use in other products."

Senator Cloutier, who will be the Senate sponsor of the legislation, noted that the toxic consequences of mercury in the environment can no longer be tolerated, and that the legislation was needed. Senator Cloutier noted, "We must make certain that this poisoning of our community never again occurs, and the comprehensive nature of this hazardous waste package will ensure that Claymont residents and residents from all over Delaware will not have to fear excessive pollution of our environment through mercury emissions."

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 have previously asked for the investigation into the matter by the Attorney General as to whether Claymont Steel may have violated Delaware's laws in a number of areas, including in its representations to DNREC officials about the amount of pollutants it has been releasing and including whether such representations were made knowingly and willfully, and whether the company's actions recklessly disregarded the health and safety of the residents in the surrounding communities.

The lawmakers and the public are awaiting Secretary Hughes' Secretary's Order that will provide the framework for Claymont Steel's reduction and remediation efforts and for continual monitoring of the emissions at the plant.

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