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LAWSUITS and CRIMINAL INVESTIGATION OF DIAZ CHEMICAL |
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Diaz |
DIAZ DANGERS YEARS HAVE PASSED SINCE THE DIAZ CHEMICAL COMPANY ASSAULTED
the homes, the cars, and the bodies of Holley residents with 2-chloro,
6-fluorophenol. But this particular accident (obvious, publicized, and smelly
as it was) was just one more in a long series of explosions, spills, and
other disasters caused by DIAZ CHEMICAL. The issue goes far beyond
January 5, 2002 and 2-chloro, 6-fluorophenol. There are diminishing few who
still do not see this. But the Attorney General of the State of ( http://www.doctoryourself.com/diaz3.html
) What’s more, law enforcement had been watching DIAZ for longer than you
might think. I have in front of me a
69-page report entitled “NEW YORK UNDER A CLOUD: The Need to Prevent Toxic
Chemical Accidents.” It is grim reading. The poster child of this
book is Yes, Holley is featured
prominently in this report. Page 19 presents a map of Holley, and a
calculation of how, if the wind blows even an extremely gentle 3.4 miles per
hour, a major toxic release by DIAZ CHEMICAL would kill the lot of us in
minutes. If you like, you can look to
see exactly where your house is on this map. All the schools are there, too.
The caption reads, “Holley Primary, Intermediate, and Jr./Sr High Schools; 1300 attendees. Approximately 1 mile
away from Diaz.” And every child there could be dead before you could even
get to them. Says the report: “The
message is clear: a toxic cloud can arrive in a matter of seconds while
implementation of protective measures requires many minutes or even hours.”
(p 19) You may be wondering who
authorized and published this report. The answer is, Robert Abrams, our
previous Attorney General, of The report was issued
May, 1989. So 13 years later,
something happens. Fortunately, the
January 5, 2002 explosion did not involve bromine, a chemical DIAZ has a long
history of handling 20 TONS at a time. If it had been bromine, I would not be
alive to write this. Holley has been working
without a net since 1974, when Diaz came to town. Just because we are still
alive does not mean the danger is over. Diaz has been given time to clean up
its operation. It has not. It has been
given time to clean up its factory. It
has not. Diaz has been given time to clean up the neighborhood. It has not. A village-blanketing chemical
explosion, sadly enough, is what it took to fully wake everyone up. This is why the January
5, 2002 Diaz disaster was so important, and Diaz knows it. Sources tell me that the very night of the
explosion, Diaz bosses were heard saying, “They are going to sue us. They are going to sue us.” Correct. So Diaz, like any
cornered animal, lashes back. It summarily fires its workers, rather than
gainfully employ them to clean up. Diaz owes nearly $50,000 in unpaid local
and school taxes and fines, and yet Diaz hires lawyers and pays out enormous
legal fees in a futile attempt to evade justice. And then DIAZ goes and
sues its victims. For as little as $8.42! Yes, a corporation with over 15
million dollars in annual sales sues in Federal court for 8 bucks, saying
that the people driven from their homes “conspired to defraud” Diaz. Other
displaced Holley residents are being sued for small amounts as well. (Index
Number 02-CV-0357(S), page 19, Second Counterclaim, December 30, 2002,
sections 112-115.) And all this by a
corporation that owes almost 50 grand in unpaid local and school taxes. Diaz’s counterclaim was
filed late, contrary to the judge’s order, and should be rejected simply for
that. You can be sure if the citizen’s
attorneys filed papers late, or the Attorney General filed papers late, that
Diaz would certainly pull every string to get them dismissed. But it does not
matter. Even if Diaz’s ridiculous and
tardy counterclaim is accepted, it will be tossed out for lack of merit. In
it, DIAZ basically says: “We did not do it; and if
we did do it, we did not hurt anyone; and if we did hurt anyone, the statute
of limitations says we cannot now be sued for it.” Oh? Tell it to the Attorney General,
Mr. Cliff “Not Me, Not Now” Jenney. The Attorney General says,
"the history of recurring spills and releases at the Diaz Plant,
including the January 2002 Explosion, constitute repeated illegal
acts and persistent illegality." (Paragraph 4, The Attorney General puts
drug kingpins and Mafia dons in jail. There is nowhere Diaz can hide any
more, and that includes Diaz
can no longer run nor hide. It does not matter if they stay or if they
leave. If they stay, they pay. If they leave, we breathe. Either way, the
next task is to thoroughly clean up the DIAZ factory site of its 28 years of
toxic waste. It is a big job. But then, like their court papers, they did
make a big mess of it. Bank Sues to Collect $4.1 Million http://www.arkansasbusiness.com/article.aspx?aID=101152.55932.113290&cID=c
“Bank of America is suing two businessmen
who ran a “Theodore
M. Jenney of “In September 2002, the company borrowed
$6.5 million and eventually went out of business. “But
Jenney and Chiras had
each signed guarantees for half of the unpaid principal, plus any interest,
court costs and other fees if Diaz defaulted on the loan. In January, the
bank notified the two businessmen that the loan was in default. In May, BOA told Jenney
and Chiras to pay off the loan, but they didn't. “The bank has sued in U.S. District Court
to collect the money. “Chiras couldn't
be reached for comment. Jenney, reached at
his home in New York, blamed the bank for the company's problems. “"All I can tell you is [Bank of
America] took over the company and drained all the cash out of it and ruined
its viability," he said. "They wanted
their money back. And they didn't get it back." “He said the plant closed in August 2006. “Jenney said Diaz wasn't in financial trouble when it
defaulted on the loan. He added that he "couldn't answer too much"
about the company's financial situation. “In 1997, Diaz announced it was building a
$4.5 million plant on 2 acres in A shortened
version of this article is also posted at: West
Memphis business proprietors being sued for $4.1 million
The lawsuit was filed May 18, 2007. Details at
http://dockets.justia.com/docket/court-aredce/case_no-3:2007cv00059/case_id-68393/
Bankruptcy Trustee Claims Mismanagement by Company by Tom
Rivers, July 16,
2005 BUFFALO -
The trustee representing creditors of the bankrupt Diaz Chemical has filed an
"adversarial proceeding" against a Diaz sister company, and its owners,
seeking they pay creditors for assets that Diaz transferred to Diaz
Intermediates, a company that opened in 1998 in West Memphis, Ark. The
trustee, in a complaint filed June 22, also alleges Diaz, behind the
leadership of Ted Jenney, his son Clifton Jenney and Stanley Chiras,
passed on Diaz technology, confidential trade secrets and other proprietary information to Diaz Intermediates. That allowed the "What
occurs essentially is a company ends up with the technology, the trade
secrets and goodwill and runs with it," Brown told The Daily News. Diaz
listed $1.4 million owed to creditors in bankruptcy papers, but Brown said
that figure "is a little light" with the amount due to creditors
much more. He didn't put a price on the tally. The federal Environmental
Protection Agency is seeking reimbursement for the money it is spending
testing and attempting to remediate the former Diaz plant and its neighboring
properties. The EPA said it could spend $6 million cleaning up after Diaz.
The chemical plant is a federal Superfund site. Diaz
operated in Holley for 30 years before declaring bankruptcy in June 2003. The
company had been sued by the state attorney general's office after a chemical
leak into the community Jan. 5, 2002. Diaz released about 80 gallons of 2-chloro-6-fluorophenol and toluene, which
are classified as extremely hazardous substances under the federal Clean Air
Act. Diaz
officials stated to the Bankruptcy Court the company spent $882,810 in
cleanup costs, hotel bills and other expenses for Holley residents after the
2002 leak. Those costs drained the company's cash reserves, Diaz officials
told the Bankruptcy Court. In the AG
lawsuit, Diaz owners repeatedly refused to provide financial records, saying
the data contained confidential information about its suppliers, the raw materials
purchased to create products, its customers, and products sold to customers, Brown states in the complaint in
Bankruptcy Court. But Brown
said the company shared that same information with Diaz Intermediates, which
Diaz Chemical VP Clifton Jenney told the court was
a separate company, even though Chiras and
the Jenneys also are among the leaders of Diaz
Intermediates. Diaz
Chemical received little, if any, financial remuneration for sharing its
trade information, as well as equipment, with Diaz Intermediates, Brown told The Daily News. By not receiving
compensation for the information and technology given to Diaz Intermediates,
Diaz Chemical's leaders mismanaged the company, breached their fiduciary
duties to the company's shareholders, and dissipated the corporation's
assets, Brown said in the court filing. Diaz
Intermediates should be forced to pay the value of the assets it acquired
from Diaz Chemical, Brown said. He wants the court to have a trial to
determine the value of the trade secrets, customer lists, technology and
other assets Diaz transferred to the Diaz
Intermediates, Chiras and the Jenneys
should then compensate the bankrupt estate of Diaz Chemical for those assets,
so the debtors can be paid, Brown said. (end) AND DON’T FORGET: YES, THERE CERTAINLY WAS A CRIMINAL INVESTIGATION
OF DIAZ CHEMICAL (November, 2004) Responding to my letter published
in the Suburban News of Oct 17, 2004, a reader wrote (Oct 31) that she
was "deeply bothered" by "implication that Diaz's owners
and/or Diaz Arkansas (aka Diaz Intermediates, or
"DINT") are subject to criminal investigation," and termed my
letter "misleading." The reader appears to be one of the people who
find it singularly difficult to accept that Diaz Chemical is indeed under
Federal criminal investigation. This has been verified for the record by
the This investigation has
been "ongoing" for much longer than most people realize. Over a
year ago (Sept 2003), a two-page statement from the office of Michael A.
Battle, United States Attorney for Western NY, asserted that a "criminal
investigation" of Diaz was underway. Furthermore, there is
correspondence (January 16, 2004) between the US Department of Justice and US
Bankruptcy court in which the A February 12, 2004
letter from Trustee Ring to the EPA, Department of Justice, and the That the reader is
"deeply bothered" by such documentation is understandable. But
whether we like it or not, these are the unpleasant facts of the matter. DIAZ OWES EVERYBODY:
BANKRUPTCY PAPERS REVEAL ALL (July 23, 2003) DIAZ CHEMICAL COMPANY owes its own attorneys nearly
$300,000. Diaz hasn't paid their phone bills, their electric bills, their
company physician, or even And it looks like they owe the DuPont chemical company
over half a million dollars. Here's a partial (!) list of who else Diaz owes money to,
and how much Diaz owes them: (Case Number 03-14769) NYS
Taxation and Finance: $199.51 ABF Freight Systems: $1,091.00 ACM Medical Laboratory: $132.70 Aftek, Inc. $458.20 Agilient Technologies: $279.00 Airgas East: $30.46 American Chemical Society: Unpaid Dues of $445.00 American Institute of Chemical Engineering: Unpaid Dues of
$390.00 Arch: $342.07 Associated Sales and Bag Co.: $122.33 AT&T: $149.01 Barclay Water Management: $2,145.79 Basco: 182.91 BBL
("Supplies and materials"): $93,205.86 BDI Industrial Bearing Corp.: $$36.72 Brinkmann Instruments: $1,610.13 Browning-Feris Industries:
$908.41 C&H Distributors: $140.37 Charles S. Freeman Co.: $407.70 Chemical Distributors, Inc.: $3,050.00 Cingular Wireless: $328.14 Clean Harbors: $9,919.20 Commercial Paint and Imaging: $393.54 Compensation Planning Corporation: $403.91 Corecomm: $3,229.70 Dastech International, Inc.: $336.20 Davis-Ulmer Sprinkler Co.: $482.33 Day-Timers, Inc.: $93.25 E. I.
DUPONT DENEMOURS & COMPANY: $515,208.80 Easylink Services Corporation: $1,544.10 Empire-Emco: $2,682.62 Falls Road Railroad Co., Inc.: $900.00 Forms In A Wink: $202.62 FRANK'S
VACUUM TRUCK SERVICE: $2,404.08 GAB Robins
North America, Inc. (Insurance appraisers): $12,975.52 Glass Technology & Services, Inc.: $9,081.00 Gradient Corporation: $9,958.01 Graphics Controls Corporation: $208.62 Hometowne Energy Co.: $64.26 HSBC BANK DIAZ'
ATTORNEYS, Jaeckle, Fleishmann & Mugel: $292,733.12 JP Farm Market: $222.03 Kaplan Containers: $490.35 KIMMINS COFFEE
SERVICE: $173.40 Lehigh Safety Shoe Co.: $401.68 Loomis & Co., Inc.: $2,608.71 Marcor ("Supplies and
materials"): $17,788.29 Modern Industries, Inc.: $2,327.20 Praxair,
Inc. ("Supplies and materials"): $12,872.73 Purchase Power: $1,067.73 RAJ METHA, M.D.: $1,837.84 Reed Business Information/Schnell Publishing (Advertising):
$4,840.00 Safety Solutions: $34.56 Service Office Supply: $3,057.32 Servpro
("Supplies and materials"): $22,711.28 Sigman Aldrich, Inc.: $184.40 Sirness Services, Inc.: $381.77 Stetson
Chemicals, Inc. ("Supplies and materials"): $16,572.00 Stockham Lumber Co.: $22.89 Swiftlift, Inc.: $16.12 TIME WARNER COMMUNICATIONS: $249.85 UGI Energy
Services: $135,762.27 (no explanation is provided in the bankruptcy court documents) University of Verio, Inc.: $199.80 Verizon Yellow Pages: $192.32 VP Supply Company: $130.17 VWR International: $242.97 Attorneys Woods, Oviatt, Gilman:
$825.90 Xerox Corporation: $424.83 And the owners of DIAZ
Totally, Diaz owes over 5.2
million dollars. (There are others, mostly individuals,
that Diaz owes as well.) These documents submitted to bankruptcy court carry the
signatures of Diaz secretary, Personally, I
think Diaz should have at least paid off Frank's Vacuum Truck Company. But
no. Diaz found five grand
to pay their bankruptcy attorneys IN ADVANCE (bankruptcy attorneys weren't
born yesterday), as "Disclosure of Compensation of Attorney for
Debtors" indicates. And yet Diaz evidently could not quite manage to pay
Holley's VP Supply, just down the way, the $130.00 Diaz owes them. Or even
Holley's own Stockham Lumber, Diaz's next-door
neighbor, the twenty bucks Diaz owes them. THERE ARE NOW OTHER
LAWSUITS AGAINST DIAZ In addition to the civil
lawsuit filed by 173 Holley residents, Diaz also lists the following lawsuits
against them: NYSAG on behalf of NY DEC
v. Diaz; McFadden v. Diaz, an
"employment discrimination" suit; and Boarhead Farms PRP Group v. Diaz, over
"site clean up expense." I said it over a year ago
and I will say it again: DEADBEAT DIAZ took the profits at everyone else's
expense, whether health, safety or financial. I think the next lawsuit
may come from DuPont, who might just take a burn that Diaz's bosses
conveniently have another company ("Diaz Intermediates"), and what
I believe are personal lifestyles of the rich and famous. The DuPonts might just bring a court case for their $515,000. And let's not forget that
unpaid EPA fine of over 23 grand. As for Frank's Vacuum
Truck Service, I hope he gets paid, too. DIAZ CHEMICAL
CORPORATION
of Until, finally: Holley to take Diaz to task over emission levels by
Meaghan M. McDermott, Rochester, NY Democrat and Chronicle DIAZ LAWBREAKING: A
SUMMARY (Source: Industrial User
Wastewater Permit Monthly Reports, available on request from the
These are actual quotes about
a chemical disaster you may have heard of. No, this particular one was Union
Carbide in But it sure sounds
familiar. Especially that part
about how they "didn’t warn anybody." The 911 tapes and other
records clearly show that Diaz played down the disaster they caused. And
there is no better word than "disaster" to describe what happens
when an explosion at a chemical plant that coats an entire neighborhood with
smelly poison, forcing residents to leave their homes for nearly a full year.
The United States EPA agrees; that’s why they and the nation’s taxpayers (and
NOT Diaz, who has STILL not even paid their local taxes) have been footing
the bill for the relocation of displaced Holley families. When Ralph Nader commented on Just like Diaz Chemical
Corporation in Holley. In the Union Carbide
accident in But who knows for sure,
especially long-term? A rule in toxicology is that low doses of a poison over
a long period of time are often just as bad as high doses over a short time.
THERE IS NO SUCH THING AS A "SAFE" OR "ACCEPTABLE" CANCER
RISK. NEVER. Just because we were
luckier than "The more complex
the (chemical manufacturing) system, the more likely an unforeseen
interaction of small failures will cause a disaster. And this is to be
feared. For the first time in history, engineers can wipe out whole cities by
mistake." (Dean Vallas, "Engineering
Disasters") Residential areas are no
place for chemical plants. Never have been; never will be. DI-AZ LI-AZ YOU HAVE SO
FREQUENTLY HEARD "Diaz has given so
much back to the community, especially the Holley Schools." Yeah, right. There can be
no possible price on the long-term health dangers that Diaz pollution
inflicts on the children of Holley. Scholarships to some on the one hand do
not buy the right to hurt all kids with the other hand. But wait: there’s
more. DEADBEAT DIAZ DOES NOT
PAY SCHOOL TAXES It’s true: Diaz has not
even paid its school tax. According to official
records at the Orleans County Treasurer’s Office, as of Dec 12, DIAZ OWES AT
LEAST $27,464.26 IN UNPAID, OVERDUE HOLLEY SCHOOL TAXES and penalties. And
this is just on DIAZ property in the village, and does not include other Diaz
real estate holdings in our area. (Example: Did you know that, until very
recently, DIAZ owned many acres of land in the town of This holiday season,
let’s all chip in and rent Diaz boss Clifford Jenney
a U-Haul. But first, Cliff, there is a not-so-small ADDITIONAL matter of
$15,195.58 that Diaz owes the So the total that DIAZ
owes the taxpayers and children of Holley is over $44,027.44. And it is
MONTHS past due. LOCAL LAW ENFORCEMENT OF
DIAZ INCREASING: 1) RESOLVED AND PASSED
December 10, 2002 , at the "WHEREAS...Diaz
Chemical Company appears to be in violation of the terms of the (Village's
Industrial Use) permit; and "WHEREAS...efforts
have been made in the past to amicably discuss, and resolve, alleged permit
violations to no avail; "NOW, THEREFORE, BE
IT RESOLVED that the Village Attorney (John Sansone)
is hereby authorized to take whatever steps necessary to investigate, and
enforce, the terms of the aforesaid permit on behalf of the This is, to my knowledge,
the first time in 28 years that our local government has acted against Diaz's
polluting our village. Thanks to Mayor Schiavone
and the Trustees for this important decision. DIAZ EMPLOYEE GOES IN
FRONT OF TOWN OF MURRAY COURT ON CRIMINAL HARASSMENT CHARGES, January 29,
2003, probably 7 PM. AND: The $60 million
civil suit by 173 residents against Diaz is now in Federal court. And we will
win. ATTORNEY GENERAL GETS
RESTRAINING ORDER to stop DIAZ from sneaking any more of their factory's
equipment out of town. The rumors evidently were true: DIAZ was seen trucking
its equipment out of its beleaguered plant in WHERE WAS DIAZ TRYING TO
TAKE ITS ASSETS? What do they do there?
According to DIAZ' own website (October, 2002) DIAZ BOSS
CLIFF JENNEY TELLS REPORTER THAT DIAZ CHEMICAL AND DIAZ INTERMEDIATES ARE
SEPARATE ENTITIES. Technically, sure they are. It's an old
accounting trick. But answer me these questions three: 1) WHO ARE THE PRIMARY
OWNERS OF EACH COMPANY? I'll bet it's the Jenney
family in each case. If I'm wrong, please correct me. No offers so far. 2) If they are
"separate," how come DIAZ says, again at its website, that
"DIAZ manufactures several families of chemicals which are marketed both
by DIAZ and by Diaz Intermediates Corporation (DINT)."
3) However, if they are
"separate" on a technicality, can anyone fail to see why the
Attorney General and a judge agreed to a restraining order to stop DIAZ from
moving its equipment from Holley down to Believe it or not, DIAZ
has refused to comply with NY Attorney General's repeated demands for the
company's financial records and documents. DIAZ attorney cites
"proprietary information that could be used by competitors" as
reason. ( DIAZ REPEATEDLY BREAKS
THE LAW Official documents
confirm DIAZ Chemical Company violating
pollution laws most months of the year 2002. August, 2002: DIAZ
dumps 1,000% (TEN TIMES!) the legal limit of PHENOLS
into July, 2002: DIAZ dumps
over 600% of the legal limit of iron. May, 2002: DIAZ dumps
over 700% more than the legal limit of PHENOLS into village sewers. April, 2002: DIAZ maximum
pollution flow limit exceeded March, 2002: DIAZ flushes
33% more waste copper than the law allows. February, 2002: DIAZ
dumps 500% over the legal limit of PHENOLS into village sewers. (Source: Industrial User
Wastewater Permit Monthly Reports, available from the DIAZ CHEMICAL SUES THE
OWNER OF THIS WEBSITE. In papers filed, DIAZ seeks to silence Andrew
Saul's criticisms of their company, even though the state's Attorney General
has stated in court that DIAZ engages in "repeated
illegal acts and persistent illegality" and has been termed a
"Public Nuisance" that carries on "abnormally dangerous
activities." Saul has been one among many citizens involved in the DIAZ
DANGERS Newsletter. Here is the complete text of two of the specific
Newsletters that DIAZ takes such exception to: DIAZ DANGERS NEWSLETTER No 21
May 15, 2002
**BREAKING NEWS!** DEADBEAT DIAZ
DIAZ owes over $10,000 in hotel bills and refuses
to pay them, according to a meeting called by Ralph Dollinger,
owner of the Holiday Inn Express in Brockport. This is has been
"home" for chemically-flushed-out residents of Holley, who have
been reluctantly living there now for MONTHS. DIAZ, which has been court
ordered to pay for displaced residents' housing, is probably in contempt of
court. And so to the DIAZ bosses who write, or in this case won't write, the
checks. Such as Cliff "Luxury Red Convertible" Jenney,
who has been spotted zipping through Holley in a new, flashy, expensive
automobile. Cliff's company says they don't have the money. Where did it go,
Cliff? Your company boasts over $15 million a year in sales. Man, that's a
lot of convertibles, even ritzy ones like BMW's. "Good Neighbor" Diaz
is trying to welch on even providing
out-of-the-rain shelter for the people it poisons. Fortunately, Assistant
Attorney General Linda White is a law enforcement officer who is right on the
ball. All have been impressed with her prompt and appropriate actions to put
an end to chemical EXPLOSIONS at DIAZ's Jackson
Street hazardous waste dump, that puts SO MUCH BACK INTO THE COMMUNITY.
Everything but compensation for victims, that is. Shame on you, Mr. Jenney. DIAZ TO BE DRAGGED INTO COURT
AGAIN by the Assistant Attorney General, in order to reinstate Alex Hinkley's right to shelter while his house is
decontaminated, or sold. And it is not certain if either are even possible at
this point. The trial is scheduled for May 24th, SCHOLARSHIPS ARE BEING FUNDED
RIGHT AND LEFT by Holley business people and private citizens. Hundreds of
little trees for Arbor Day: PAID FOR by donations, without a cent from DIAZ.
DARE T-shirts for drug prevention: PAID FOR by donations, without a cent from
DIAZ. And more scholarships are coming, but often quietly. That's because
many a person in Holley knows that in giving, you are not to let your right
hand know what your left is doing. THANK YOU TO ALL who have already come
forward quickly, and without fanfare, to REALLY give back to the community.
We can now see just who our "good neighbors" truly are, . . . and in the case of DIAZ, aren't. MAYOR SCHIAVONE GETS NY STATE
DEPARTMENT OF HEALTH TO OFFER URINE TESTING TO ALL WHO WANT IT. Mayor Schiavone writes, "I have been able to get the DOH
to offer urine testing for CFP to anyone who lives or works within the
Village. They will be at the Village office from Noon until 8pm, Tuesday May
21 to hand out collection kits. They will be back the next day to collect t
he samples (early morning and PM hours will be available, times to be
announced). "I encourage everyone to get tested. This may be your final
chance." Thank you, Mr. Mayor. (AND ALSO: ) HOLLEY MAYOR SCHIAVONE SUES DIAZ
CHEMICAL A LAWSUIT WAS COMMENCED TONIGHT,
April 18, and entered in Town of Murray Court to compel DIAZ to pay for
chemical damage to Mayor Schiavone's personal
automobile, which was downwind of and damaged by 2-Chloro, 6-Fluorophenol
(and who knows which of dozens of other chemicals) emitted by the explosion
at Diaz on the night of Jan 5, 2002. Mayor Schiavone
is seeking to make DIAZ pay the $2,200 that he had to spend to have his car
repainted. DIAZ representatives had previously said they would pay for
the repainting, but after it was done tried the oldest sneaky legal trick in
the book. They handed the mayor a four-page document to sign, releasing
DIAZ from ALL claims of ANY kind at ANY time, past present and future, for
ever and ever. Our mayor did not fall for that
one, though, and refused to sign. So DIAZ refused to pay. And this is how they treat our
top elected official? Can you believe the arrogance? Of course, this is the same DIAZ
Chemical that has essentially said that the Attorney General of Which
is, of course, true. But a couple of weeks ago, DIAZ underboss Wally Sanford told the Note to Wally: one of your most
recent "pressure releases" trashed our mayor's car, and your
company doesn't seem to want to take responsibility for fixing it. Your
company tries to punish the village's children by stopping their
scholarships. You fire your own workers, but DIAZ bosses still have THEIR
jobs. Everyone can clearly see why
this company simply must be taken to court. Judges and juries have the power
to curb DIAZ once and for all. DIAZ's
strategy in years past has been to handle complaints and claims one at a
time, and always keep it quiet, private, and out of court. This "divide and
conquer" approach might have worked then, but no longer. The people of MORE ABOUT DIAZ: NY Attorney General
Sues DIAZ CHEMICAL for "repeated illegal acts and persistent
illegality." DIAZ termed a "Public Nuisance" that carries on
"abnormally dangerous activities." These are the words of the
highest law enforcement officer in the State of The history-making $60
million civil lawsuit against DIAZ Chemical now being heard in Federal Court,
DIAZ CHEMICAL LOSES IN
COURT DIAZ violates judge's
court order requiring that they provide and pay for housing for the people
driven from their homes by DIAZ's illegal release
of smelly 2, chloro 6, fluorophenol.
DIAZ, with over $15 million/year in sales, says they have no money. ( DIAZ Attorney Tom Walsh
disputes NY State Attorney General; compares long term safety of 2,chloro, 6-fluorophenol to gasoline. ( 173 people in Read the full text of
environmental attorney Alan Knauf's March 25, 2002
statement to the NY Department of Environmental Conservation (DEC), in
response to their "too little, too late" clean-up proposals:
Click here Read back issues of
the VERY FIRST DIAZ DANGERS NEWSLETTERS (Print version). (These reprints are
courtesy of the dozens of people who have written, contributed reporting,
edited, printed and distributed this citizen's newsletter.) For UPDATED information
on the civil lawsuit by 173 people against Diaz Chemical Corporation,
please call Richard J. Lippes' office at (716)
884-4800 or write to Allen and Lippes, Special Message to
DIAZ employees and their families: Click Here Anonymous message FROM
some very company-loyal DIAZ employees: Click Here Our factual response to
the above message: Click Here DIAZ TOXIC CHEMICALS
ENDANGER CHILDREN IN An explosion at Diaz
Chemical Company released over 80 gallons of a mixture containing 2-Chloro,
6-Fluoro Phenol (plus other chemicals) into our air late Saturday night,
Jan 5, 2002. Many houses were literally sprayed with this smelly poison. Some
residents have had to leave their homes now for nearly NINE MONTHS. What do we know about
2-Chloro-6-Fluoro Phenol? We DO know that
2-Chloro-6-Fluoro Phenol does NOT belong in our air, or in our ground water,
or in our yards, or in our houses. It does not belong in your house, on
your car, in your carpet, or in your family's lungs. BUT IT IS THERE
ALL THE SAME, THANKS TO DIAZ CHEMICAL CORPORATION, Phenols in general are
skin-peeling products. ( http://www.injuryboard.com/ ) 2-chloro-Phenol is not a
safe substance. It is classified as "CHEMICAL WASTE PROHIBITED FROM
DRAIN DISPOSAL." Toluene is also prohibited. (From: Chemical List date:
May 13, 2001 , Oregon Health and BUT DIAZ CHEMICAL
COMPANY QUIETLY RELEASED BOTH OF THESE HARMFUL CHEMICALS INTO THE AIR OUR FAMILIES BREATHE, WHILE WE SLEPT ON SATURDAY NIGHT,
January 5, 2002. Phenols may be a cause of
ADD/ADHD, Alzheimer's, and Asthma Holley has a higher than
average number of children with special education needs and leaning
disabilities. What role does Diaz have in this? IF DIAZ CHEMICALS HURT
OUR CHILDREN'S ABILITY TO LEARN, A FEW SCHOLARSHIPS
IS SIMPLY NOT ENOUGH! Not by a long shot. WHAT ABOUT THAT SIREN
that is supposed to warn us of a chemical accident at the Diaz plant?
IT NEVER SOUNDED. WHY NOT? Why weren't village
residents evacuated, or at least notified, about this chemical release
until AFTER you breathed it, AFTER it got all over your house and lawn, and
AFTER you saw it on the TV news? Diaz does not even know
the long-term effects of 2-Chloro-6-Fluoro
Phenol. Yet they make it, and spill it, and YOU find out a day or two later…
when you watch the TV news. DIAZ profits while
polluting our homes. Read for yourself
(further down this page) the health hazards of the CHEMICALS DIAZ HAS USED BY THE TON: Benzene, Sodium Hydroxide
("DRANO"),Toluene, 2-Chloro 6-Fluoro Phenol, and BROMINE.
These are all extremely dangerous poisons. DIAZ CHEMICAL CORPORATION
must be held to a MUCH higher safety standard. This is our village, our
air, and our water. We are all in this together. Did you also know that: BROMINE is included on
the State of FACTS ABOUT BROMINE
DANGERS U.S. DEPARTMENT OF
TRANSPORTATION LABELING REQUIREMENTS, 49 CFR
TOXICITY DATA: 1000 ppm inhalation-human LCLo; 750
ppm/9 minutes AT INCREASED RISK FROM EXPOSURE:
Persons with pulmonary and respiratory disorders. INHALATION:
CORROSIVE/TOXIC. 10 ppm Immediately Dangerous to
Life or Health. Inhalation of
small amounts may cause copious mucous secretion, blephritis,
coughing, rhinitis or nosebleeds, feelings of oppression, epistaxis,
vertigo, and headache. Delayed symptoms may include nausea, diarrhea and
abdominal pains. In addition, respiratory difficulty with hoarseness, asthma,
dyspnea, and crepitations
in the lungs as well as as well as generalized
vesicular, morbilliform or measles like rashes may
occur. Inhalation of high concentrations may cause inflammatory lesions of
the mucous membranes of the upper respiratory tract, fatal chemical burns, respiratory failure. The tongue and palate may appear
inflamed and edematous with a characteristic odor of the breath. Glottal
spasms and asthmatic bronchitits may occur.
Pulmonary edema, pneumonitis or pneumonia may be
delayed for several hours. A case of pneumomediastinum induced
by accidental occupational exposure was reported. The pathology of animals
exposed to 300 ppm for 3 hours showed pulmonary
edema, pseudomembranous deposit on the trachea and
bronchi, and hemorrhages of the gastric mucosa. Functional disturbances of
the central nervous system were observed in animals that died several days after
exposure. CHRONIC EXPOSURE-
Prolonged or repeated exposure to concentrations less than 0.1 mg/m3 may
cause headache, chest pains, anorexia, indigestion, irritability and joint
pains. Persons exposed to excessive concentrations for 1 year complain of
headache, pain in the region of the heart, increasing irritability, loss of
appetite, joint pains and dyspepsia. After 5-6 years of exposure to
this level there may be loss of corneal reflexes, pharyngitis,
vegetative disorders, thyroid hyperplasia accompanied by
thyroid dysfunction and bone marrow depression. Cardiovascular
disorders may occur in the form of myocardial degeneration and hypotension.
Functional and secretory disorders of the digestive
tract may also occur. Hematologic effects may include
inhibition of leukopoiesis, leukocytosis,
moderate hypoglycemia or altered blood sugar curves, hypercholesterolemia,
reduction of total bilirubin, decreased hemoglobin concentration and
increased erythrocyte sedimentation rates. Bromine may
be deposited in the tissues as bromides and accumulate to cause central
nervous system disorders and effects of bromism as
detailed in chronic ingestion. SKIN CONTACT: CORROSIVE. CHRONIC EXPOSURE-
Prolonged or repeated contact may cause dermatitis and slow healing ulcers. EYE CONTACT: CORROSIVE. INGESTION: CORROSIVE. CHRONIC EXPOSURE- Mice fed 0.02-0.2 mg/kg for 3
months exhibited increased blood sugar, decreased cholinesterase and amylaminase activity, alopecia (hair loss and baldness)
and behavioral changes. Bromine may be stored in the body as bromides. If
sufficient amounts accumulate, effects of bromism
including confusion, irritability, tremor, memory loss, anorexia, emaciation,
headache,slurred speech,
delusions, psychotic behavior, ataxia, stupor and coma may occur. An acneiform papular eruption of
the face and hands may also occur. ANTIDOTE: No specific
antidote. (Information Source:
FISHER SCIENTIFIC, 1 REAGENT LANEFAIR LAWN, NJ 07410) BENZENE HAZARD SUMMARY REASON FOR CITATION HOW TO DETERMINE IF YOU
ARE BEING EXPOSED ODOR THRESHOLD =
12.0 ppm. WORKPLACE EXPOSURE LIMITS
(Remember: YOU DO NOT
EVEN SMELL BENZENE UNTIL 12 PPM. Benzene can hurt you before you smell
it.) Benzene is a
CANCER-CAUSING AGENT in humans. There may be no safe level of exposure to a
carcinogen, so all contact should be reduced to the lowest possible
level. Post hazard and
warning information in the work area. In addition, as part of an ongoing
education and training effort, communicate all information on the health and
safety hazards of Benzene to potentially exposed workers. HEALTH HAZARD INFORMATION
Exposure can cause
symptoms of dizziness, lightheadedness, headaches, and vomiting. Convulsions
and coma, or sudden death from irregular heart beat, may follow high
exposures. Exposure can also irritate the eyes, nose, and throat.
Chronic Health Effects Cancer Hazard Reproductive Hazard
Other Long-Term
Effects MEDICAL TESTING SPILLS AND EMERGENCIES It may be necessary
to contain and dispose of Benzene as a HAZARDOUS WASTE. Contact your
Department of Environmental Protection (DEP) or your regional office of the
federal Environmental Protection Agency (EPA) for specific
recommendations. FIRST AID Skin Contact Breathing Prepared by: NEW JERSEY
DEPARTMENT OF HEALTH Right to Know Program Sensitivity Data: BENZENE
Environmental Impact TOLUENE was released into our air and
water and homes on Saturday night. Toluene is a harmful chemical. It is
a PAINT THINNER. Imagine what it does to
children’s lungs. FACT SHEET OF TOLUENE
DANGERS (Excerpted from "USE
& STORAGE OF TOLUENE" (Code: SB-94-7, Date: 7/8/94, NEW YOUR STATE
DEPT. OF TRANSPORTATION) Toluene (or toluol) is an organic aromatic solvent found in paint and
some degreasing products. Toluene is a colorless liquid with a benzene-like
odor and a flash point below 73 F (class 1B flammable). Toluene can enter the
body through inhalation and exposure to high airborne concentrations and can
cause neurological impairment similar to intoxication. Skin absorption is
another way toluene can enter the body. Toluene will dissolve fats and oils
in the skin to produce drying and cracking. All operations involving
the use of toluene shall be performed outdoors whenever
STORAGE & DISPENSING Toluene shall not be
stored in occupied buildings unless kept in approved storage rooms especially
designed for such use. 'Flammable - Keep Fire
Away'. SAFETY EQUIPMENT & PROCEDURES
Toluene requires
respirators with activated charcoal filters. Toluene has early warning
properties to alert respirator wearers of exposure at very low
concentrations. As soon as the odor of toluene enters the mask, cartridges
shall be replaced. Store cartridges in an airtight plastic bag to prevent the
activated charcoal from absorbing material from the room air and losing its
effectiveness. Skin contact with toluene
should be avoided. Hands and other skin areas shall not be cleansed with
toluene. Contaminated clothing resulting from a spill or splash must be
removed. After contact, skin must be washed with soap and water or other
suitable cleaner. Eyes must be flushed with clean water for at least 15
minutes after contact, and medical attention provided. What does it take to
get a local industry to be responsive to public safety concerns? The civil lawsuits might
just do it.
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