Over the years, the Chestertown plant has used a series of unlined ponds to store and treat its wastewater, and state officials say pollutants have leached into the soil and groundwater, including the solvents benzene and toluene and bis(2-ethylhexyl) phthalate, also known as BEHP. Benzene can cause cancer in humans, while toluene can damage the brain and nervous system, as well as other organs. BEHP has been classified as a probable carcinogen, and exposure to high levels has caused kidney damage and disrupted reproduction and sexual development in laboratory animals. Last year, Congress banned the sale of children's toys containing some phthalates.
Marian Hwang, a lawyer for the corporation, declined to comment. But in a letter sent to the state this month, she contends that it is being required to do more testing than is needed, because the levels of toxic pollution monitored in the groundwater have declined and there is no evidence any has seeped beyond the fenceline.
The lawyer asked that the court-approved timetable for completing the study and cleanup be put on hold while the state mulls its appeal, but pledged to begin work on some of the cleanup.
Genovique submitted a plan for investigating the extent of contamination and pollution at the plant, but it has never been approved by the state.
"We're not going to accept a substandard plan," Stoltzfus said. "We're taking our time to make sure the cleanup is done right."
The Chester River Association agrees that more extensive soil and water testing is needed. But the group also is concerned that storm water washing off the plant site contains BEHP, while wastewater released by the facility into a holding pond that overflows into a nearby stream contains phosphorus. Phosphorus is one of the pollutants chiefly responsible for the algae blooms that create a fish-suffocating "dead zone" on the bay bottom in summer. The state has never officially limited the amount of phosphorus the chemical plant can discharge, and since the consent decree was signed last July there have been 18 times that the phosphorus levels in the plant's wastewater exceeded the limit normally set on municipal sewage plants.
Meanwhile, Leigh said, ducks and geese frequent the pond collecting BEHP-tainted storm runoff. "Those birds move on and may wind up on somebody's dinner plate one day," he said.
Leigh said he is frustrated because state law prevents the citizens group he works for from suing the company if the state has taken action.
