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Opponents File Lawsuit to Stop Trial Burn of Incinerator

January 13, 1993

CLEVELAND (AP) _ Opponents of a hazardous waste incinerator in eastern Ohio filed a lawsuit this morning to block a trial burn scheduled for Friday.

The federal court lawsuit asked for an immediate hearing on the request to block the test and future operation of the $160 million plant in East Liverpool.

Opponents contend in the new lawsuit that the test is poorly designed and would not give a good picture of what would happen under real conditions. They also say the test could pose a risk of dioxin contamination.

Plant spokeswoman Julia Bircher said the lawsuit ″seems to be groundless.″ She said the issues were the same as those raised in an earlier lawsuit that was decided in favor of Waste Technologies Industries, which owns the plant.

That legal challenge was filed by the state of West Virginia, across the Ohio River from East Liverpool.

The new lawsuit names as defendants state and federal environmental regulators, WTI and its Swiss-owned parent company, Von Roll Inc.

The trial burn was approved last week by state and federal regulators after more than a decade of protests by environmentalists and neighbors. The incinerator is to burn chemicals prepared especially for the test.

Vice President-elect Al Gore has called for a congressional investigation of the incinerator’s licensing.

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