Chemetco
Encyclopedia
Chemetco was formerly one of the largest United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 refiners of copper
Copper
Copper is a chemical element with the symbol Cu and atomic number 29. It is a ductile metal with very high thermal and electrical conductivity. Pure copper is soft and malleable; an exposed surface has a reddish-orange tarnish...

 from recycled or residual sources.

Its maximum output of 120,000 tons per year was approximately half of the entire U.S. copper output from so-called "secondary copper refining." The company website described Chemetco as one of the world's largest copper refiners and reported an estimated revenue in 1999 of $500 m. It was listed in 2000 as the 23rd-largest privately-held company in the United States.

The company had a history of environmental problems over its entire career, along with problems managing its wastes and by-products. Eventually, it was convicted of water pollution offences spanning a decade, which contravened US federal law. The company's former site is now a Superfund
Superfund
Superfund is the common name for the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 , a United States federal law designed to clean up sites contaminated with hazardous substances...

 site on the National Priorities List.

History

The company originated on June 9, 1969 as an Illinois corporation, Chemico Metals Corporation. On 23 March 1970, it became a Delaware corporation
Delaware corporation
The Delaware General Corporation Law is the statute governing corporate law in the state of Delaware. Delaware is well known as a corporate haven. Over 50% of U.S...

. In 1973, the company changed its name to Chemetco. By 1980, it employed around 200 staff. By 2000, Chemetco was a member of the St Louis Minority Business Council.

On November 13, 2001, the company filed for Chapter 7
Chapter 7, Title 11, United States Code
Chapter 7 of the Title 11 of the United States Code governs the process of liquidation under the bankruptcy laws of the United States...

 bankruptcy
Bankruptcy
Bankruptcy is a legal status of an insolvent person or an organisation, that is, one that cannot repay the debts owed to creditors. In most jurisdictions bankruptcy is imposed by a court order, often initiated by the debtor....

 (liquidation
Liquidation
In law, liquidation is the process by which a company is brought to an end, and the assets and property of the company redistributed. Liquidation is also sometimes referred to as winding-up or dissolution, although dissolution technically refers to the last stage of liquidation...

) following conviction in a U.S. federal court and a fine of $3.86 million.
Chemetco and former CEO, Denis L. Feron were charged on four felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...

 counts: Conspiracy
Conspiracy (crime)
In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...

 to violate the Clean Water Act
Clean Water Act
The Clean Water Act is the primary federal law in the United States governing water pollution. Commonly abbreviated as the CWA, the act established the goals of eliminating releases of high amounts of toxic substances into water, eliminating additional water pollution by 1985, and ensuring that...

, violation of the Clean Water Act, and two counts of making false statements. The plant, which closed on Nov 1, 2001, was promptly sealed by the Environmental Protection Agency (EPA) and tagged for an assessment of public health
Public health
Public health is "the science and art of preventing disease, prolonging life and promoting health through the organized efforts and informed choices of society, organizations, public and private, communities and individuals" . It is concerned with threats to health based on population health...

 hazards.

Location

The Chemetco site is in a flood plain near the Mississippi River
Mississippi River
The Mississippi River is the largest river system in North America. Flowing entirely in the United States, this river rises in western Minnesota and meanders slowly southwards for to the Mississippi River Delta at the Gulf of Mexico. With its many tributaries, the Mississippi's watershed drains...

 in Madison County
Madison County, Illinois
Madison County is a county located in the U.S. state of Illinois. Madison County is part of the Metro-East region of the St. Louis Metro Area. According to the 2010 census, it has a population of 269,282, which is an increase of 4.0% from 258,941 in 2000. The county seat is Edwardsville, home to...

, Illinois. The village of Hartford, Illinois
Hartford, Illinois
Hartford is a village in Madison County, Illinois, near the mouth of the Missouri River. The population was 1,545 at the 2000 census. Lewis and Clark spent the winter of 1803-1804 here, near what has been designated the Lewis and Clark State Historic Site....

 (population approximately 1,545) is approximately 1 miles (1.6 km) north of the site. The nearest residential area is Mitchell, a small community approximately ½ mile to the southeast. The Lewis and Clark State Memorial Park is within sight of Chemetco's former premises.

The Chemetco site is above an aquifer
Aquifer
An aquifer is a wet underground layer of water-bearing permeable rock or unconsolidated materials from which groundwater can be usefully extracted using a water well. The study of water flow in aquifers and the characterization of aquifers is called hydrogeology...

 used for domestic, agricultural and industrial water consumers in several nearby communities including Edwardsville, Illinois
Edwardsville, Illinois
Edwardsville is a city in Madison County, Illinois, United States. As of the 2010 census, the city population was 24,293. It is the county seat of Madison County and is the third oldest city in the State of Illinois. The city was named in honor of Ninian Edwards, then Governor of the Illinois...

 Hartford, Roxana, Illinois
Roxana, Illinois
Roxana is a village in Madison County, Illinois, United States. The population was 1,547 at the 2000 census. A majority of the land in Roxana is taken up by the Wood River Conoco-Phillips oil refinery; the refinery was built and originally owned by Shell Oil...

 and Wood River, Illinois
Wood River, Illinois
Wood River is a city in Madison County, Illinois, United States. The population was 11,296 at the 2000 census.-Geography:Wood River is located at ....

. Parts of the wider area enclosing the Chemetco site to the south are also known as Chouteau Island
Chouteau Island
Chouteau Island , situated approximately due north of the St. Louis, Missouri Gateway Arch and approximately south of the confluence of the Missouri River and Mississippi River, is one of a cluster of three islands: Chouteau, Gabaret, and Mosenthein. The three, with a combined area of...

.
Main site operations were conducted within a 41 acres (165,921.3 m²) area, but Chemetco also owned hundreds of acres of farm land. The ATSDR
Agency for Toxic Substances and Disease Registry
The Agency for Toxic Substances and Disease Registry is a federal public health agency within the United States Department of Health and Human Services. The agency focuses on minimizing human health risks associated with exposure to hazardous substances...

 has described how "…Over the 30 years of plant operations, some of this was acquired to settle disputes with nearby farmers."

The Mississippi River and two tributaries, the Cahokia Canal and Long Lake, are within one mile (1.6 km) of the site. Some local properties are served by wells. The wetlands area to the south of the site is popular with recreational fishermen.

Production

Under Denis L. Feron
Denis L. Feron
Denis Lucien Emile Feron is former owner and Chief Executive Officer of the Midwestern copper smelter, Chemetco. He was born in Sint-Pieters-Woluwe, Belgium.-Early life:...

, Chemetco had been a major producer of high-purity copper derived from secondary sources – recycled and residual materials.

These were received at the plant in large quantities from wholesalers, and in smaller quantities from the corporation's own network of warehouses that spanned the United States and Canada. These enabled material to be graded and pre-sorted locally before refining at the plant.

Copper anodes (98% Cu purity) emerged from the furnace as an intermediate product. For a number of years, these were electrolyzed
Electrolysis
In chemistry and manufacturing, electrolysis is a method of using a direct electric current to drive an otherwise non-spontaneous chemical reaction...

 by Chemetco to produce a higher-purity copper cathode (99.98% Cu purity.) However, the company later discontinued electrolysis of its own copper and sold copper anodes, each weighing 740 lb (335.7 kg) to Asarco
ASARCO
ASARCO LLC is a mining, smelting, and refining company based in Tucson, Arizona that mines and processes primarily copper. The company, a subsidiary of Grupo México, is currently in Chapter 11 bankruptcy...

.

Refining process

Copper-bearing material was smelted to produce black copper, containing impurities such as lead
Lead
Lead is a main-group element in the carbon group with the symbol Pb and atomic number 82. Lead is a soft, malleable poor metal. It is also counted as one of the heavy metals. Metallic lead has a bluish-white color after being freshly cut, but it soon tarnishes to a dull grayish color when exposed...

, tin
Tin
Tin is a chemical element with the symbol Sn and atomic number 50. It is a main group metal in group 14 of the periodic table. Tin shows chemical similarity to both neighboring group 14 elements, germanium and lead and has two possible oxidation states, +2 and the slightly more stable +4...

 and zinc
Zinc
Zinc , or spelter , is a metallic chemical element; it has the symbol Zn and atomic number 30. It is the first element in group 12 of the periodic table. Zinc is, in some respects, chemically similar to magnesium, because its ion is of similar size and its only common oxidation state is +2...

. Black copper was refined using oxygen
Oxygen
Oxygen is the element with atomic number 8 and represented by the symbol O. Its name derives from the Greek roots ὀξύς and -γενής , because at the time of naming, it was mistakenly thought that all acids required oxygen in their composition...

, producing 98% copper, along with a zinc oxide residue and a slag containing lead, tin, nickel and a number of heavy metals.

What Chemetco described as "zinc oxide" was extracted from furnace flue gases using a scrubber system. The zinc oxide, along with the slag, became a waste product. The term "zinc oxide" was something of a misnomer, as lead, cadmium
Cadmium
Cadmium is a chemical element with the symbol Cd and atomic number 48. This soft, bluish-white metal is chemically similar to the two other stable metals in group 12, zinc and mercury. Similar to zinc, it prefers oxidation state +2 in most of its compounds and similar to mercury it shows a low...

 and other elements were also present.

The Agency for Toxic Substances and Disease Registry
Agency for Toxic Substances and Disease Registry
The Agency for Toxic Substances and Disease Registry is a federal public health agency within the United States Department of Health and Human Services. The agency focuses on minimizing human health risks associated with exposure to hazardous substances...

 (ATSDR) has noted how the generation and management of waste by-products was a long-term issue for Chemetco, but also that Chemetco seemed to be unwilling to recognize its wastes as a problem:


"Chemetco company literature and statements have often emphasized that the facility recycled most materials and that waste streams were not generated. But the end result of this recycling
Recycling
Recycling is processing used materials into new products to prevent waste of potentially useful materials, reduce the consumption of fresh raw materials, reduce energy usage, reduce air pollution and water pollution by reducing the need for "conventional" waste disposal, and lower greenhouse...

 activity was piled feedstock residues, smelting and solid residues, and accumulated liquids. Much of the material was stored directly on the ground, with little attempt to provide barriers or work practices to limit exposures."

Prosecution and conviction

On 18 September 1996, an enforcement officer for the Illinois Environmental Protection Agency
Illinois Environmental Protection Agency
The Illinois Environmental Protection Agency of the state of Illinois is the primary body concerned with the protection of the environment for the state...

 (IEPA) discovered a hidden pipe, discharging toxic waste from the refinery into Long Lake, a tributary of the Mississippi River
Mississippi River
The Mississippi River is the largest river system in North America. Flowing entirely in the United States, this river rises in western Minnesota and meanders slowly southwards for to the Mississippi River Delta at the Gulf of Mexico. With its many tributaries, the Mississippi's watershed drains...

.

Investigations showed that the secret pipe had been active for ten years. A large area of wetland was contaminated with zinc oxide, lead, cadmium and other pollutants at several times the threshold for a public health hazard. Visible evidence of contamination extended five feet down into the bed of Long Lake on property owned by Chemetco.

During Grand Jury testimony, one witness estimated that the plant discharged waste through the pipe for 330 days out of 365. Thirteen employees testified to using the pipe to discharge contaminated water.

Additionally, Chemetco discharged contaminated storm water every time it rained on the plant. A pump was automatically triggered, discharging pollutant-laden storm water through the secret pipe. The prosecution calculated that this automatic process had occurred 948 times over a ten-year period.
It was also calculated that even if only 0.01 inch (0.254 mm) of rain fell, 1620 gallons of water would gather into a collection basin. From there, this large volume of contaminated water would be pumped into Long Lake.

Chemetco hampered the investigation of its illegal activity by making materially false statements
False statements
False statements generally refers to the United States federal false statements statute, contained in 18 U.S.C. Section 1001. This statute is used in many contexts. Most commonly, prosecutors use this statute to reach cover-up crimes such as perjury, false declarations, and obstruction of...

.
Before sentencing, the court described Chemetco's conduct as "willful and egregious".

On 12 December 2008, Denis L. Feron
Denis L. Feron
Denis Lucien Emile Feron is former owner and Chief Executive Officer of the Midwestern copper smelter, Chemetco. He was born in Sint-Pieters-Woluwe, Belgium.-Early life:...

, the former president of Chemetco, was placed on the federal EPA's 'most wanted' list. He had fled the USA before trial. Eventually, he paid a half-million dollars in resitution and all charges were dropped against him.

Air-borne dioxin production

A scientific study by the Centre for the Biology of Natural Systems (CBNS) Queens College of the City of New York, individually names Chemetco as one of the top ten individual contributors of dioxin deposition at eight Nunavut
Nunavut
Nunavut is the largest and newest federal territory of Canada; it was separated officially from the Northwest Territories on April 1, 1999, via the Nunavut Act and the Nunavut Land Claims Agreement Act, though the actual boundaries had been established in 1993...

 land receptors, from a total of 44,000 potential sources in the United States.
As the report puts it:


"…the effort detailed in this report is a response to the evidence that Nunavut is especially vulnerable to the long-range air transport of dioxin. Although there are no significant sources of dioxin in Nunavut or within 500 kilometers of its boundaries, dioxin concentrations in Inuit mothers’ milk are twice the levels observed in southern Quebec. This is due to the elevated dioxin content of the indigenous diet—traditional foods such as caribou, fish and marine mammals."


The source of the air-borne dioxin produced by Chemetco's refining process was coated wire, including PVC
PVC
Polyvinyl chloride is a plastic.PVC may also refer to:*Param Vir Chakra, India's highest military honor*Peripheral venous catheter, a small, flexible tube placed into a peripheral vein in order to administer medication or fluids...

-covered wire, plastics and computer parts. These were routinely used as part of the mix of grades of scrap copper used to charge the furnaces.
Citing Buekens et al. 1997, an EPA report notes: "The presence of chlorinated plastics in copper scraps as a feed to smelters is believed to increase the CDD/CDF formation." (CDD's are dioxins
Dioxins and dioxin-like compounds
Dioxins and dioxin-like compounds are by-products of various industrial processes, and are commonly regarded as highly toxic compounds that are environmental pollutants and persistent organic pollutants . They include:...

 and CDFs are polychlorinated dibenzofurans
Polychlorinated dibenzofurans
Polychlorinated dibenzofurans are a group of halogenated organic compounds which are toxic environmental pollutants. They are known teratogens, mutagens, and suspected human carcinogens. PCDFs tend to co-occur with polychlorinated dibenzodioxins...

).

The ATSDR describes how "Because Chemetco had accepted material from a firm known to have dioxin contamination, USEPA investigated dioxin. On April 12, 1987, USEPA sampled an area of the Chemetco plant which was used to manage zinc oxide collected from the venturi scrubber system."

EPA testers found a dioxin concentration of 3.4 parts per billion. As a result, their toxological assessment unit ‘raised concerns about dioxins and furans in Long Lake sediments and the fish population.’ However, the ATSDR reports that these initial fears proved unfounded:


"In the summer of 1999, staff from the Illinois Department of Natural Resources and Illinois EPA collected fish samples from two sections of Long Lake. Buffalo and carp were collected closest to …the northern part of the lake where the illegal pipe discharged. Buffalo and crappie were collected from the southern section through Pontoon Beach. Fillet portions were analyzed for pesticides, polychlorinated biphenyls (PCBs), dioxins, and furans. No elevated levels of these chemicals were found."

This finding, in conjunction with those of Commoner et al. shows that Chemetco's dioxins were almost entirely released as smokestack emissions (also called flue gas stack
Flue gas stack
A flue-gas stack is a type of chimney, a vertical pipe, channel or similar structure through which combustion product gases called flue gases are exhausted to the outside air. Flue gases are produced when coal, oil, natural gas, wood or any other fuel is combusted in an industrial furnace, a power...

) emissions.

Other known environmental problems

Chemetco had a long history of violations. For example, in August and September 1992, while taking air emission readings, Chemetco was caught using semi-articulated trucks and water sprinklers as a buffer in front of the air emission monitors. This was in contravention of the Clean Air Act
Clean Air Act
A Clean Air Act is one of a number of pieces of legislation relating to the reduction of airborne contaminants, smog and air pollution in general. The use by governments to enforce clean air standards has contributed to an improvement in human health and longer life spans...

, 42.

For a period, Chemetco was the single biggest producer of atmospheric lead in the United States.

In 1999, the United States made a civil claim against Chemetco under the Clean Air Act, 42.: "…Chemetco will pay a civil penalty of $305,267…" Chemetco was also required to provide injunctive relief "…including installation of a Continuous Particulate Mass Monitor System.

Chemetco produced high-purity cathode
Cathode
A cathode is an electrode through which electric current flows out of a polarized electrical device. Mnemonic: CCD .Cathode polarity is not always negative...

s using electrolysis
Electrolysis
In chemistry and manufacturing, electrolysis is a method of using a direct electric current to drive an otherwise non-spontaneous chemical reaction...

. This electrolytic process used large amounts of sulfuric acid and according to the Agency for Toxic Substances and Disease Registry (ATSDR) would at times "…reportedly release a visible "acid mist" drifting onto nearby farm fields."

The ATSDR also notes how the electrolytic refining process also required the management of large amounts of acidic waste capable of dissolving heavy metals:


"…According to a 1983 Illinois EPA memo, the strong-acid electrolytic bath was believed to have been releasing material. Through the years, during many of the sampling events liquids were measured with low pH
PH
In chemistry, pH is a measure of the acidity or basicity of an aqueous solution. Pure water is said to be neutral, with a pH close to 7.0 at . Solutions with a pH less than 7 are said to be acidic and solutions with a pH greater than 7 are basic or alkaline...

 values (acidic) or very high pH values (caustic). The high pH levels may have resulted from the company using caustic materials to attempt to neutralize standing acidic surface water. Acidic conditions typically increase the solubility of metals, and allow more mobility of the metal contaminants".


Other hazardous liquids used at the site included halogenated solvents that may have been used for cleaning machine parts.

Remediation

Three and a half years after the discovery of the secret pipe, Chemetco had failed to present an approvable plan for remediating the contaminated area.

When Chemetco shut down, the site was sealed and remediation began. However, the process was to prove protracted and several years later, it had not been possible to fully complete the process.

When interviewed in early 2005, the Illinois EPA inspector who discovered the secret pipe in 1996 was pessimistic about the chances of rapid remediation of the site. He suggested that the clear-up could take twenty years or so.

In 2006, it was reported that a Canadian firm wanted to tackle the challenge of safely extracting metallic content from the wastes on site.
Under a proposed plan needing feasibility study approval, the contractor outlined a deal under which it could extract valuable metals such as copper, zinc, tin, lead and aluminium from the site. One report describes how the bidder for this work would "…design, provide and install equipment at the site for about $10 million and provide another $3 million for other cleanup while Chemetco [Estate] would operate the plant and pay royalties and lease payments…"

The IEPA spoke approvingly of this proposed scheme under which non-recyclables would remain on site. If given a green light to go ahead, the work was estimated to take around ten years to complete.

Superfund

On March 4, 2010, the Chemetco site was added to the Superfund
Superfund
Superfund is the common name for the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 , a United States federal law designed to clean up sites contaminated with hazardous substances...

 National Priorities List because of the lead
Lead
Lead is a main-group element in the carbon group with the symbol Pb and atomic number 82. Lead is a soft, malleable poor metal. It is also counted as one of the heavy metals. Metallic lead has a bluish-white color after being freshly cut, but it soon tarnishes to a dull grayish color when exposed...

, cadmium
Cadmium
Cadmium is a chemical element with the symbol Cd and atomic number 48. This soft, bluish-white metal is chemically similar to the two other stable metals in group 12, zinc and mercury. Similar to zinc, it prefers oxidation state +2 in most of its compounds and similar to mercury it shows a low...

 and zinc
Zinc
Zinc , or spelter , is a metallic chemical element; it has the symbol Zn and atomic number 30. It is the first element in group 12 of the periodic table. Zinc is, in some respects, chemically similar to magnesium, because its ion is of similar size and its only common oxidation state is +2...

 contamination of nearby wetlands and Long Lake. This will enable the use of Federal funds to clean up the site, necessary because of Chemetco's bankruptcy. Demolition of the site began September 13, 2011 and is being carried out under supervision of the Illinois Environmental Protection Agency and the U.S. Environmental Protection Agency will supervise disposal of toxic slag and scrubber sludge that remain on the property.

Copper Industry

A trade magazine covering metals industry news has noted that "The closing of the Chemetco Inc. secondary smelter in Hartford, Ill., in 2001 marked the end of large-scale secondary copper smelting in the United States."

Brian Taylor, writing for Recycling Today in 2007, goes on to observe how


".. in its 2006 report on National Emission Standards for Hazardous Air Pollutants (NESHAP) to the Federal Register, the U.S. EPA notes, 'The secondary copper smelting plants that served as the basis for emissions estimates have all shut down, and no similar secondary copper smelters have been constructed.'"


Taylor notes that Chemetco was one of five smelters used by the EPA to establish its standards. The others were: Cerro Copper Products in Sauget, Ill.; Franklin Smelting in Philadelphia; Gaston Recycling Industries in Gaston, S.C.; and the Southwire Co. plant in Carrollton, Ca.

See also

  • Recycling in the United States
    Recycling in the United States
    This article examines recycling in the United States. Since there is no national law that mandates recycling, state and local governments often introduce recycling requirements. A number of U.S...

  • Environmental issues in the United States
    Environmental issues in the United States
    As with many other countries there are a number of environmental issues in the United States.-Climate change:The United States is the second largest emitter, after China, of carbon dioxide from the burning of fossil fuels. The energy policy of the United States is widely debated; many call on the...

  • Agency for Toxic Substances and Disease Registry
    Agency for Toxic Substances and Disease Registry
    The Agency for Toxic Substances and Disease Registry is a federal public health agency within the United States Department of Health and Human Services. The agency focuses on minimizing human health risks associated with exposure to hazardous substances...

  • Business ethics
    Business ethics
    Business ethics is a form of applied ethics or professional ethics that examines ethical principles and moral or ethical problems that arise in a business environment. It applies to all aspects of business conduct and is relevant to the conduct of individuals and entire organizations.Business...

  • Clean Air Act
    Clean Air Act
    A Clean Air Act is one of a number of pieces of legislation relating to the reduction of airborne contaminants, smog and air pollution in general. The use by governments to enforce clean air standards has contributed to an improvement in human health and longer life spans...

  • Environmental justice
    Environmental justice
    Environmental justice is "the fair treatment and meaningful involvement of all people regardless of race, color, sex, national origin, or income with respect to the development, implementation and enforcement of environmental laws, regulations, and policies." In the words of Bunyan Bryant,...


External links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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