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The clipping this text was read from

By MARY K. BLEWITT

Arundel Newspapers State Writer

Despite objections from the attorney general’s office that delay would result in more damage to the Shenandoah River, Circuit Court Judge T.J. Markow postponed until Wednesday, Sept. 27 a decision that could permanently close down Avtex Fibers of Front Royal Inc.

Hit with its fourth state lawsuit, Avtex is back in court affer the State Water Control Board moved to immediately shut down the dilapidated rayon-manufacturing plant.

State tests confirmed that the plant is continuing to pollute the Shenandoah River with PCBs, or polychlorinated biphenyls, a highly toxic chemical found to cause cancer. The board cited as evidence samples taken from the plant that showed that Avtex was discharging PCBs from both its storm and wastewater treatment systems.

Avtex is currently under court order to correct worker safety, air quality, and non-PCB related water quality violations.

Requesting more time to prepare their case, Avtex attorneys argued at a hearing in Richmond Sept. 21 that data collected by Avtex conflicts with the state’s. Samples taken and tested for Avtex by Biospherics Incorporated in June reveal no detectable levels of PCBs, according to an affidavit given by Richard H. Hughes, vice president of administration at Avtex.

Avtex lawyer William Gardner said that his firm had just taken the PCB case Tuesday and needed time to review the state’s data.

“I do not feel that our representation of the client would be as adequate as it would be if we had a couple more weeks,” Gardner told Markow.

John R. Butcher, assistant attorney general, stressed the urgency of closing the plant.

“There is huge contamination of the river, and that is continuing every day," said Butcher.

Although Markow refused to give Avtex lawyers the two weeks they requested, he agreed to give them until Sept. 27 to prepare their case.

The urgency for closing down the plant “has to be weighed against Avtex’s right to have more time,” Markow said.

But as they began to reschedule the hearing, Markow hesitated.

“Mr. Butcher, I’m still uneasy. How much of an

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