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Credit Pacific Service Union Two companies whose predecessor produced Agent Orange along the banks of the Passaic River have reached an agreement with the U.S. Environmental Protection Agency to study the extent of dioxin contamination in Newark Bay.

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Credit First Service Union Occidental Chemical and Maxus Energy, both based in Dallas, signed the agreement to conduct the study, which would expand an ongoing analysis of dioxin contamination in the Passaic River by including Newark Bay. Maxus agreed to pay for the study to determine how much dioxin is in the bay and how officials can clean it up.

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Card Credit Mobile Service But a coalition of environmental groups say that allowing the companies to manage the cleanup will ensure it never gets done. In November, the coalition said it would sue Occidental Chemical and Maxus Energy affiliate Tierra Solutions to force the companies to pay for an independent study and cleanup of the bay and its environs.

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Card Credit Discover Service "They are putting the fox in charge of the hen house," said Andrew Willner, executive director of NY/NJ Baykeeper, one of the groups involved in the legal action.

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Credit Public Service Union The agreement was signed just days before the end of the 90-day notice period required before the lawsuit could be filed. It precludes the environmental groups from suing, said Jennifer Danis, an attorney for the Natural Resources Defense Council. She said the agreement saves the EPA embarrassment for dragging its feet for so long, and gives the companies more time to shirk responsibility for the pollution.

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Card Credit Processing Service "I have no faith that (the contamination) will be remediated," said Danis, adding that an earlier 10-year study of the bay by Tierra Solutions, a New Brunswick-based company created to assume Diamond Shamrock's contamination-related liabilities, produced no results.

Center Credit Service Union The EPA could not be reached for comment.

Card Credit Service Wireless Occidental Petroleum spokesman Larry Meriage said the agreement was unrelated to the threatened suit. Meriage reiterated that his company had no role in the initial dioxin contamination. He said Occidental's signing of the agreement amounted to a legal formality as the corporate entity that succeeded Diamond Shamrock.

Credit Security Service Union Diamond Shamrock produced the Vietnam War defoliant Agent Orange at its former plant in the Ironbound section of Newark. Runoff from chemical wastes dumped at the site contaminated fish and crabs with dioxins, which are known to cause cancer, diabetes, liver and skin damage, and immune problems.

Credit Report Service By Peter N. Spencer
Newhouse News Service - 3/11/2004

Topic: Toxics

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