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Judge rules that nearby towns can file briefs in Sterigenics case

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The embattled Sterigenics plant in suburban Willowbrook will stay closed until at least Sept. 6.

That’s the ruling from a judge Thursday on a controversial tentative deal that had been reached between the state of Illinois and Sterigenics for it to reopen its doors. […]

Now, the judge ordered four towns affected by the plant—Willowbrook, Darien, Hinsdale and Burr Ridge—to have a voice.

“We are looking at all possibilities,” Willowbrook mayor Frank Trilla said. “We would like to introduce a 100% ban on ethylene oxide.” […]

The judge also stated Thursday that the public has the right to intervene in the matter, so several nearby towns will file a brief by August 30.

If they want to ban ethylene oxide, then they’re going to need to introduce a new bill in the General Assembly. That’s not up to the judge.

* Response…

Attorney General Kwame Raoul and DuPage County State’s Attorney Robert Berlin today release the following statement regarding the proposed consent order with Sterigenics U.S., LLC (Sterigenics).

“We have never opposed the villages’ motions to intervene because we recognize the need for the impacted communities to be heard, and we welcome their input in this process. Throughout this litigation, we have regularly communicated with the leadership of the affected communities, and we are committed to using all legal authority to protect the residents of Willowbrook and the surrounding communities.

“Our authority is defined by the laws passed by the General Assembly, which we are obligated to enforce. Although the new law does not authorize the permanent closure of Sterigenics if it can comply with the stringent requirements imposed by the General Assembly, the proposed consent order ensures that Sterigenics can operate only if it complies with those requirements. If the General Assembly passes additional legislation regarding ethylene oxide, our offices would be duty bound and prepared to enforce that legislation.”

* Meanwhile in Georgia…

* Cancer-causing chemical in 2 Georgia communities leads to more cases of cancer, experts say

* Residents, Officials In Metro Atlanta Voice Concern About Ethylene Oxide Pollution

* Residents, officials outraged over toxic emissions from Cobb plant

…Adding… Rep. Deanne Mazzochi…

DuPage County Circuit Judge Fullerton recognized the “well written and informative” Amicus Brief submitted by State Representative Mazzochi, Leader Jim Durkin, and State Senator John Curran, contesting the Illinois Attorney General’s Consent Order that counsel for Sterigenics touted as its pathway to reopening. Mazzochi argued that the Consent Order agreement involving the Illinois Attorney General, the Governor and Sterigenics fails to comply with both the spirit and letter of the Matt Haller Act regulating the use of ethylene oxide statewide. Judge Fullerton issued a favorable ruling for parties challenging this Consent Order today, staying its entry and allowing various municipalities to jump into the fray.

“I commend Judge Fullerton for putting the brakes on the Consent Order today. Sterigenics has not shown that it can or will ever be able to comply with the law. The Illinois Attorney General needs to do his job and not let the company circumvent the will of the communities it has crushed with its behavior. I am pleased that the Court will not let the Attorney General force through an agreement sprung on the affected communities at the last minute, including the public servants who represent those communities.”

As Mazzochi explained, “these communities feel betrayed. The Attorney General gave our communities an ultimatum that essentially tells them, ‘This is the deal you’re going to live with’ as ordained by the Governor, the AG, and Sterigenics. That is simply unacceptable.”

She added, “Federal legislators, state legislators, local leaders and the community rightfully objected to the Consent Order, and they’re outraged. Our community has heard a lot of excuses about it, including one from the Governor who opined that we three legislators who represent the surrounding area don’t understand the law we worked tirelessly to write and pass. On September 6, our communities can finally have their day in court, which they should have had all along before the Attorney General decided it to strip that power away from them for a paltry $300,000 penalty and an admonition to sin no more.”

“We believe our brief helped Judge Fullerton target precisely where the proposed Consent Order is too weak. As it stands, this Consent Order is not only wrong on the politics, but more importantly wrong on the law. Sterigenics broke the covenant with the community where they do business. When it comes to the physical, emotional and mental wellbeing of our residents, this company has turned into a community wrecking crew.” Mazzochi noted that even the Illinois Attorney General seemed to have started to walk back some statements about the Consent Order and the Matt Haller Act.

“This Consent Order was premature; and deserved to be rejected. Let us do what the Matt Haller Act said to do: get everyone in a court of law, hear the merits of the case, and then hopefully, finally, our community can gain some peace of mind.

Mazzochi, who is an attorney, stated, “I will continue to fight for what is right for the community, under the dome in Springfield, in a courthouse in DuPage, or wherever else this case takes us.”

Judge Fullerton will allow the surrounding municipalities to intervene in the lawsuit, participate in the consent order, and advise if it complies with the Matt Haller Act. The next hearing is scheduled for September 6.

…Adding… Sterigenics…

We are confident that the Consent Order will be approved in due course. Our Willowbrook operations have consistently complied with and outperformed the State’s requirements and we are committed to abiding by the new requirements established by the State. Sterigenics will continue to take the necessary steps to resume operations at Willowbrook and remains committed to acting in the interest of the community, our employees, our customers and the patients and hospitals we serve every day.

posted by Rich Miller
Wednesday, Jul 24, 19 @ 4:46 pm

Comments

Waiting for the next Durkin “don’t blame me” dance.

Comment by Norseman Wednesday, Jul 24, 19 @ 4:56 pm
===If they want to ban ethylene oxide, then they’re going to need to introduce a new bill in the General Assembly. That’s not up to the judge.===

Welp, Leader Durkin?

Your failed bill needs a fix.

Wonder if Leader Durkin will blind side the Governor a “third” time?

It’s quite clear, the bill failed Willowbrook.

Comment by Oswego Willy Wednesday, Jul 24, 19 @ 4:58 pm
I’m guessing the ethylene oxide market is about to get real problematic nationally after these reports in Georgia.

Question, this is used to sterilize medical equipment, is there a real affordable alternative?

Comment by Dupage Bard Wednesday, Jul 24, 19 @ 5:00 pm
===“We are looking at all possibilities,” Willowbrook mayor Frank Trilla said. “We would like to introduce a 100% ban on ethylene oxide.”===

Boy, I’d like Leader Durkin to say to the mayor… “But, but, but Madigan”… or… “the governor won’t sign it”

Durkin would be wise to “call” the Governor’s bluff…

… or maybe just call the Governor.

The outs aren’t great here.

Comment by Oswego Willy Wednesday, Jul 24, 19 @ 5:01 pm
I’m guessing the ethylene oxide market is about to get real problematic nationally after these reports in Georgia.

Where’s the chemistry guy shill?

And yes, tere apparently is. It would just cost Sterigenics

And they’ve laid a bunch of money around

Comment by Morty Wednesday, Jul 24, 19 @ 5:50 pm
Strange, I don’t hear Durkin or Mazzochi chirping about activist judges?

Comment by Precinct Captain Wednesday, Jul 24, 19 @ 6:52 pm
Where do court transcripts get published? Do they need to be requested?

Comment by Former WB resident Thursday, Jul 25, 19 @ 4:19 am
Are there other plants in IL that use ethylene oxide? I’m curious how impactful a 100% ban would be.

Comment by Bothanspy Thursday, Jul 25, 19 @ 8:29 am
==Strange, I don’t hear Durkin or Mazzochi chirping about activist judges?==

Staying an order for a month to allow more testimony from the affected communities? Yeah, real activist there. Yikes.

Comment by A guy Thursday, Jul 25, 19 @ 9:46 am
“Are there other plants in IL that use ethylene oxide? I’m curious how impactful a 100% ban would be.”
Yes a lot of businesses use ethylene oxide in production of plastic, adhesives, and detergents to name a few.

What I worry about most is if there is going to be a shortage on medical devices.

Comment by Worried Thursday, Jul 25, 19 @ 10:47 am
Any who are curious — go to the Stop EtO facebook page. Lots of detail about the two additional plants in Lake County and efforts to control the problem.

Comment by Susan Thursday, Jul 25, 19 @ 3:53 pm