Responding to my letter 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 US EPA at the recent October 5 public meeting in Holley, NY, a meeting that the reader evidently failed to attend. There, EPA made the specific public statement that there "is an ongoing criminal investigation" (EPA's words) of Diaz Holley and Diaz Arkansas.

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 US Bankruptcy Trustee, John Ring III, states: "I would like to bring a fraudulent conveyance action against Diaz of Arkansas." In court papers (US Bankruptcy Court, Case 1-03-14769), Mr. Ring's attorney, Lawrence C. Brown, states that Diaz' "operations were established in circumstances which the Trustee believes to be questionable, involving the use of the assets of the Debtor (Diaz Holley) to obtain credit for and to support Diaz Intermediates' (Arkansas) operations." (p. 3)

A February 12, 2004 letter from Trustee Ring to the EPA, Department of Justice, and the US Attorney General's office discusses hiring a special counsel specifically for "Adversary Proceedings against Diaz of Arkansas."

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 Lakeside Memorial Hospital. Diaz didn't even pay the tab for their coffee service.

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

Eden Associates: $189.53

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 USA, for UNPAID CREDIT CARD PURCHASES: $6,241.50

Jackson Welding Supply Co., Inc.: $1,546.35

DIAZ' ATTORNEYS, Jaeckle, Fleishmann & Mugel: $292,733.12

JP Farm Market: $222.03

Kaplan Containers: $490.35

KIMMINS COFFEE SERVICE: $173.40

LAKESIDE MEMORIAL HOSPITAL: $206.68

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

National Leak Test Center: $54.00

New York State Chemical Alliance: $950.00

NEW YORK STATE ELECTRIC AND GAS CORP.: $15,348.60

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

Rochester Optical: $619.40

Rochester Paint Center: $75.60

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

US EPA REGION 2: UNPAID FINE OF **$23,226.19**

UGI Energy Services: $135,762.27 (no explanation is provided in the bankruptcy court documents)

University of Rochester Medical Center: $771.54

Verio, Inc.: $199.80

Verizon Yellow Pages: $192.32

VP Supply Company: $130.17

VWR International: $242.97

MORE ATTORNEYS NOT PAID: Woods, Oviatt, Gilman: $825.90

Xerox Corporation: $424.83

Totally, Diaz owes over 1.2 million dollars. (There are others, mostly individuals, that Diaz owes as well.)

These documents submitted to bankruptcy court carry the signatures of Diaz secretary, Clifton E. Jenney. His stated compensation is indicated as $7,500 per month ($90,000 per year) plus $10,000 for serving as a company director (Section 23, Distributions by a Corporation).

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 LAWBREAKING: A SUMMARY

July 1997: Diaz dumps double the lawful amount of IRON; greatly exceeds its permit for DISSOLVED SOLIDS; and dumps FOUR AND ONE HALF TIMES the legal limit for PHENOLS into Holley sewers.

August 1997: Diaz dumped TEN TIMES (1,000%) the legal limit of PHENOLS into Holley village sewers.

December 1997: Diaz puts EIGHTY TIMES (8,000%) the legal limit of the heavy metal MOLYBDENUM into Holley sewers.

March, 1998: Diaz puts ONE HUNDRED TIMES (10,000%) the legal limit of the heavy metal MOLYBDENUM into Holley sewers.

June, 1998: Diaz releases SEVEN TIMES (700%) the legal limit of the heavy metal MOLYBDENUM into Holley sewers.

July, 1998: Diaz puts DOUBLE the legal limit of PHENOLS into Holley sewers.

December, 1998: Diaz puts SIX TIMES (600%) the legal limit of the heavy metal MOLYBDENUM into Holley sewers.

January, 1999: Diaz releases THREE AND ONE HALF TIMES (350%) of the legal limit of PHENOLS into Holley sewers.

March, 1999: Diaz releases DOUBLE (200%) the legal limit of the heavy metal MOLYBDENUM into Holley sewers.

June, 1999: Diaz AGAIN releases DOUBLE the legal limit of the heavy metal MOLYBDENUM into Holley sewers.

September, 1999: Diaz dumps nearly THREE AND ONE HALF TIMES the legal limit of NICKEL into Holley sewers.

December, 1999: Diaz YET AGAIN releases DOUBLE the legal limit of the heavy metal MOLYBDENUM into Holley sewers.

March, 2000: Diaz again exceeds legal limit for releasing NICKEL, and also ONCE MORE releases DOUBLE the legal limit of the heavy metal MOLYBDENUM into Holley sewers.

June, 2000: Diaz YET AGAIN releases DOUBLE the legal limit of the heavy metal MOLYBDENUM into Holley sewers, PLUS Diaz dumps excessive amounts of BENZENE.

September, 2000: Diaz exceeds legal limit for flushing NICKEL into Holley's sewers.

March, 2001: Diaz dumps DOUBLE the legal limit for PHENOLS; AND Diaz dumps TWELVE TIMES (1,200%) the legal limit of the heavy metal MOLYBDENUM into Holley sewers.

May, 2001: Diaz dumps FIFTEEN TIMES (1,500%) the legal limit of COPPER into Holley wastewater.

September, 2001: Diaz AGAIN releases DOUBLE the legal limit of the heavy metal MOLYBDENUM into Holley sewers.

October, 2001: Diaz exceeds legal limit for releasing IRON, AND Diaz dumps TWO AND ONE HALF TIMES (250%) the legal limit of PHENOLS into Holley sewers.

These are actual quotes about a chemical disaster you may have heard of. No, this particular one was Union Carbide in India, not Diaz in Holley.

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 Bhopal, he focused on the "very sloppy operation of the plant. First of all, it shouldn’t have been positioned and sited in that area. You put that in a more remote area. Basically, it was negligence up and down the line."

Just like Diaz Chemical Corporation in Holley.

In the Union Carbide accident in India, thousands died instantly while they slept. At least no one in Holley has died, thank heaven. At least so far. But the millennium is young, and so are many of the children who have breathed 2-chloro, 6-fluorophenol while in their yards, their beds and cribs, and at their school bus stop. The most detailed and most up-to-date official assessment by our state and federal authorities clearly states that there IS a continuing risk of health problems, including cancer, for Holley residents. The risk is "very low to low," their report says.

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 Bhopal does not mean that luck can protect Holley from the tons of toxins DIAZ plays with while we sleep. And there they are, still cooking up their contaminants on Jackson Street.

"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 Byron? There’s more, folks, much more than the Jackson Street property at issue here.)

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 Village of Holley in unpaid, overdue VILLAGE taxes. And don’t forget to add on $1,367.60 in penalties with that.

LOCAL LAW ENFORCEMENT OF DIAZ INCREASING:

1) RESOLVED AND PASSED December 10, 2002 , at the Holley Village Board Meeting BY UNANIMOUS TRUSTEE VOTE:

"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 Village of Holley."

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 Holley, NY, presumably to its other facility down south. (One or more of the truck drivers talked and confirmed that, yes, they were going to the DIAZ Arkansas plant..) Many think this is to try avoid asset seizure after DIAZ loses the lawsuits pending against the company. Assistant Attorney General Linda White got the restraining order from Judge Punch, Orleans County Supreme Court, on Tuesday, October 15. The judge granted the request as written and immediately.

WHERE WAS DIAZ TRYING TO TAKE ITS ASSETS?
Most likely to Diaz Intermediates Corporation, sources say, its other manufacturing facility in West Memphis, Arkansas. 

(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 Arkansas?

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. (Rochester, NY "R-News," Sept 30, 2002)  The Attorney General's investigation of DIAZ was therefore stepped up.

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 Village of Holley sewers.

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 Village of Holley offices.)

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 
Editorial Opinion by Andrew Saul, NY State permanently certified chemistry teacher and former SUNY environmental health adjunct assistant professor. 

**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, Orleans County Court (in the old Arnold Gregory Hospital) in Albion, NY at 2:30 PM. All are welcome. Be sure to be early for a good seat. 

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: )
DIAZ DANGERS NEWSLETTER Number 19 (April 18, 2002)

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 New York State, Elliot Spitzer, is deluded. That's because the Attorney General's own statewide lawsuit against DIAZ says that the chemical company has had a number of EXPLOSIONS at their now infamous Jackson Street plant (and Orleans County's #1 hazardous waste site).

Which is, of course, true.

But a couple of weeks ago, DIAZ underboss Wally Sanford told the Batavia Daily News that there have been no explosions at DIAZ.  Those were just "pressure releases." You're a good company man, Mr. Sanford.  You go right ahead and try to tell the world that the highest law enforcement officer in the Empire State is a liar.

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 Holley, NY have seen the light, and DIAZ is going to see yet another judge.
(end of Newsletters)

MORE ABOUT DIAZ:

The history-making $60 million civil lawsuit against DIAZ Chemical now being heard in Federal Court, Buffalo, NY. (commenced Sept. 30, 2002)

DIAZ CHEMICAL LOSES IN COURT
In July, a judgment was entered against DIAZ by a Town of Murray  judge, ordering DIAZ to pay damages to Holley Mayor Daniel Schiavone. DIAZ's explosion-released chemicals did over $2,000 of damage to the mayor's car. DIAZ, once it was forced to, finally paid the bill.

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. (Rochester, NY: May 14, 2002)

DIAZ Attorney Tom Walsh disputes NY State Attorney General; compares long term safety of 2,chloro, 6-fluorophenol to gasoline. (Rochester, NY: May 16, 2002)

173 people in Holley, NY sue DIAZ chemical for $60 Million in health and property damage. The 30-page complaint filed in federal court on May 15, 2002.

(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, 1260 Delaware Ave, Buffalo, NY 14209. You may also contact co-counsel Alan J. Knauf at Knauf Shaw LLP, 975 Crossroads Building, 2 State Street, Rochester, NY 14614. 546-8430.

DIAZ TOXIC CHEMICALS ENDANGER CHILDREN IN HOLLEY, NY
All the Holley Public Schools are located less than one mile from one of the most dangerous chemical plants in the Northeastern USA, the Diaz Chemical Corporation. If there is a significant accident at the plant, and the wind blows from the south, hundreds and hundreds of children at school will have only minutes to live. If you think this is an exaggeration, scroll down this page and read more.

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?
Not enough, but we’re going to find out, because, now, we are a village of guinea pigs.

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, 40 Jackson Street, Hamlin, NY 14464. Phone: 716-638-6321. FAX: 716-638-8356, .

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 Science University) 

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.

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.

To Subscribe to our free email Newsletter:

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:
Over two dozen photographs have been accumulated, unmistakably documenting that large tractor-trailer trucks and CHEMICAL TANKERS KNOWN TO BE CARRYING MANY TONS OF DEADLY  BROMINE,  and SODIUM HYDROXIDE ("Drano"), and other caustic substances are head right for the entrance into the Diaz chemical plant? This puts huge toxic chemical trucks right where small children live, play, and wait for their school bus. 

BROMINE is included on the State of California’s list of Extremely Hazardous Waste. 

FACTS ABOUT BROMINE DANGERS
U.S. DEPARTMENT OF TRANSPORTATION HAZARD CLASS OR DIVISION, 49 CFR
172.101: 8 - Corrosive material

U.S. DEPARTMENT OF TRANSPORTATION LABELING REQUIREMENTS, 49 CFR
172.101  AND SUBPART E: Corrosive, poison

U.S. DEPARTMENT OF TRANSPORTATION QUANTITY LIMITATIONS 49 CFR 172.101:
PASSENGER AIRCRAFT OR RAILCAR: Forbidden

TOXICITY DATA: 1000 ppm inhalation-human LCLo; 750 ppm/9 minutes
  inhalation-mouse LC50; 2700 mg/m3 inhalation-rat LC50; 180 ppm/6.5 hours
  inhalation-rabbit LCLo; 14 mg/kg oral-human LDLo; 2600 mg/kg oral-rat LD50;
  3100 mg/kg oral-mouse LD50; 4160 mg/kg oral-rabbit LD50; 5500 mg/kg
  oral-guinea pig LD50.
LOCAL EFFECTS: Corrosive- inhalation, skin, and eyes; lacrimator.
ACUTE TOXICITY LEVEL: Toxic by inhalation. Moderately toxic by ingestion.
TARGET EFFECTS: Poisoning may affect the heart, respiratory and central nervous systems.

AT INCREASED RISK FROM EXPOSURE: Persons with pulmonary and respiratory disorders.

INHALATION: CORROSIVE/TOXIC. 10 ppm Immediately Dangerous to Life or Health.
  ACUTE EXPOSURE- Exposure to 1 ppm may cause irritation. 3.5 ppm has a detectable odor; 10 ppm is severely irritation and may be intolerable: 40-60 ppm is dangerous for brief exposures; 1000 ppm is rapidly fatal.

  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.
  ACUTE EXPOSURE- Concentrated vapors may be irritating or harmful. Direct contact with the liquid may cause a mild, cooling sensation followed by a burning sensation. If not removed promptly redness and pain may result with brown discoloration, vesicles, blisters, discharging pustules, furuncles, destructive burns and deep-seated ulcers which are slow to heal and scar. Death may occur if burns cover a large portion of the body.

  CHRONIC EXPOSURE- Prolonged or repeated contact may cause dermatitis and slow healing ulcers.

EYE CONTACT: CORROSIVE.
  ACUTE EXPOSURE- Vapors may cause irritation with redness, pain, blurred vision and burns, lacrimation and photophobia. The liquid may cause burns. Animals exposed to 180 ppm for 7 hours showed severe irritation with clouding and ulceration of the cornea. Loss of vision is possible.
  CHRONIC EXPOSURE- Effects depend on concentration and duration of exposure. Repeated or prolonged contact with corrosive substances may result in conjunctivitis or effects as in acute exposure.

INGESTION: CORROSIVE.
  ACUTE EXPOSURE- May cause burns of the mouth, throat and stomach. Brown discoloration and corrosion of the tongue and mucous membranes, sore throat, vomiting, and abdominal spasm may occur. Severe gastroenteritis with possible ulceration or perforation, prostration and circulatory collapse may also occur. Dilute solutions may also cause fatal gastroenteritis. 

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
 Benzene can affect you when breathed in and by passing through your skin. 
 Benzene is a CARCINOGEN--HANDLE WITH EXTREME CAUTION. 
 Exposure can cause you to become dizzy and lightheaded. Higher levels can cause convulsions and death. 
 Exposure can irritate the nose and throat and may cause an upset stomach and vomiting. 
 Benzene can cause an irregular heart beat that can lead to death. 
 Prolonged exposure can cause fatal damage to the blood (aplastic anemia). 
 Benzene is a FLAMMABLE LIQUID and a FIRE HAZARD. 

REASON FOR CITATION
 Benzene is on the Hazardous Substance List because it is regulated by OSHA and cited by ACGIH, DOT, NIOSH, IARC, NTP, CAG, DEP, NFPA and EPA. 
 It is on the Special Health Hazard Substance List because it is a CARCINOGEN, a MUTAGEN and is FLAMMABLE. 

HOW TO DETERMINE IF YOU ARE BEING EXPOSED
 Exposure to hazardous substances should be routinely evaluated. This may include collecting air samples. Under OSHA 1910.20, you have a legal right to obtain copies of sampling results from your employer. If you think you are experiencing any work-related health problems, see a doctor trained to recognize occupational diseases. Take this Fact Sheet with you. 

 ODOR THRESHOLD = 12.0 ppm. 
 The odor threshold only serves as a warning of exposure. Not smelling it does not mean you are not being exposed. 

WORKPLACE EXPOSURE LIMITS
OSHA: The legal airborne permissible exposure limit (PEL) is 1 ppm averaged over an 8-hour workshift, and 5 ppm which should not be exceeded in any 10 minute period. 
ACGIH: The recommended airborne exposure limit is 10 ppm averaged over an 8-hour workshift. 
NIOSH: The recommended airborne exposure limit is 1.0 ppm, which should not be exceeded during any 60 minute period. 

(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. 
 The above exposure limits are for air levels only. Skin contact may also cause overexposure. 

 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
Acute Health Effects
The following acute (short-term) health effects may occur immediately or shortly after exposure to Benzene: 

 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
The following chronic (long-term) health effects can occur at some time after exposure to Benzene and can last for months or years: 

Cancer Hazard 
 Benzene is a CARCINOGEN in humans. It has been shown to cause leukemia. 
 Many scientists believe there is no safe level of exposure to a carcinogen. 

Reproductive Hazard 
 There is limited evidence that Benzene is a teratogen (causes birth defects) in animals. Until further testing has been done, it should be treated as a possible teratogen in humans. 

Other Long-Term Effects 
 Repeated exposure can damage the blood-forming organs causing a condition called aplastic anemia. This can cause death. Long-term exposure may cause drying and scaling of the skin. 

MEDICAL TESTING
Before beginning employment and at regular times after that, the following are recommended: 
 Complete blood count. 
 Urinary Phenol (a test to see if Benzene is in the body). 
Any evaluation should include a careful history of past and present symptoms with an exam. Medical tests that look for damage already done are not a substitute for controlling exposure. 
Request copies of your medical testing. You have a legal right to this information under OSHA 1910.20. 
 Workers whose clothing has been contaminated by Benzene should change into clean clothing promptly. 
 Do not take contaminated work clothes home. Family members could be exposed. 
 Contaminated work clothes should be laundered by individuals who have been informed of the hazards of exposure to Benzene. 
 If there is the possibility of skin exposure, emergency shower facilities should be provided. 
 On skin contact with Benzene, immediately wash or shower to remove the chemical. 

SPILLS AND EMERGENCIES
If Benzene is spilled or leaked, take the following steps: 
 Restrict persons not wearing protective equipment from area of spill or leak until clean-up is complete.  Keep Benzene out of a confined space, such as a sewer, because of the possibility of an explosion, unless the sewer is designed to prevent the build-up of explosive concentrations. 

 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
Eye Contact
 Immediately flush with large amounts of water for at least 15 minutes, occasionally lifting upper and lower lids. 

Skin Contact
 Quickly remove contaminated clothing. Immediately wash area with large amounts of soap and water. Seek medical attention. 

Breathing
 Remove the person from exposure. 
 Begin rescue breathing if breathing has stopped and CPR if heart action has stopped. 

Prepared by: NEW JERSEY DEPARTMENT OF HEALTH Right to Know Program
CN 368, Trenton, NJ 08625-0368 
(609) 984-2202 
________________________________________________

Sensitivity Data: BENZENE
Benzene is irritant to skin.

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 
possible. In all cases, the use of toluene will require proper ventilation, including exhaust systems as appropriate for indoor exposures.

STORAGE & DISPENSING
Keep fire and flames from emptied drums and avoid breathing residue odors.

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
Chemical goggles and faceshield, and neoprene gloves shall be worn during dispensing, mixing, hose and spray gun purging, and cleaning operations.

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 lawsuit, PLUS the lawsuit by the NY Attorney General, might just do it.