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Stuart Lieberman
Stuart Lieberman, Esq.
liebermanblecher.com

*NJ Deputy Attorney General assigned to the State Department of Environmental Protection from 1986 - 1990.
*Partner in the environmental law firm of Lieberman & Blecher, P.C. in Princeton, New Jersey
*Lectures for the N.J. Institute for Continuing Legal Education (ICLE), and is available for other speaking engagements through the year.


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THE ENVIRONMENT
Texas Allows "Pay to Pollute" Option
Stuart Lieberman, Esq.,

te the problem and prepare a report outlining its findings. This eight volume report was issued in December 1997. The report considers the sources of contamination in United States, the health effects associated with this contamination, and proposed control technologies.

According to the report, entitled "Mercury Study Report To Congress," there is no "new mercury": the same amount of mercury has existed on the planet since the earth was created. Thus, the mercury problem is not one of new mercury sources, but rather that the same old mercury continues to be released and then re- released into the environment. Mercury can be released into water, onto the ground, and into the air.

Sources of Contamination
According to the report, mercury spreads through the environment as a result of human and natural activities. This includes releases of mercury from fuels and materials as part of various industrial processes, which result in mercury releases into the air. Once released, the mercury is then transported to water (lakes and oceans) where humans and wildlife are exposed to it.

The current common sources include: coal burning electric utilities, municipal waste incinerators, commercial and industrial boilers, medical waste incinerators, hazardous waste incinerators, and cement manufacturers. Mercury may also contaminate land and water when it is directly released from industrial wastewater and when waste containing batteries and other matter are deposited in landfills.

Health Concerns
The health impacts from mercury usually are associated with multiple exposures, not single accidental exposures. Mercury exposure have been associated with serious neurological and developmental problems . Depending on the dose, affects can range from subtle loss of sensory or cerebral ability, to, at worst, convulsions and even death. But, scientists are still far from understanding the full effect of mercury on humans, and understanding what dose levels represent significant threats.

According to the report, the greatest risks are to persons that consume large amounts of fish from a single, contaminated location. Consuming fish from multiple water bodies appears to reduce health risks. Women of childbearing age must take special care because new born neurological systems are more sensitive to mercury poisoning than that of adults. The report urges everyone to follow established guidelines from state and tribal health agencies to obtain maximum benefits of fish consumption while reducing potential risks associated with mercury exposure.

In 1995, 158 tons of mercury were emitted into the U.S. environment according to report. About 87 percent was emitted to the air through incinerators and industrial processes. The report states that according to one estimate, 5,500 tons of mercury are emitted into the environment worldwide annually.

As for the "good news," mercury demand in the United States has declined about 75 percent between 1988 and 1996. In addition, the EPA has finalized limits for municipal incinerators and medical waste incinerators. As a result, it estimates that by the year 2000, emissions from these categories will reduce by 90 percent of 1995 levels.

What Is a Property Owner to do?
Mercury contamination warrants an intelligent approach, not an hysterical approach. Do you live near a municipal or hazardous waste incinerator? If so, find out whether its mercury emissions (if mercury is present) are under control. Are you near a factory that releases mercury? If so, learn about the level of discharge. Above all, listen to government fish advisories and consume fish as part of a regular, balanced diet.

The information provided in this column is written by Stuart Lieberman,a practicing environmental attorney, and is for general information purposes only. It is not legal advice and should not be used in place of legal advice.

Stuart Lieberman, Esq., and IRED.Com, Inc., will not accept any responsibilty for any reliance on the information in this column or any damages whatsoever resulting from reading this column.


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