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This supplementary legal document describes recommendations for storm- and waste-water management improvements for the Formosa petrochemical plant in Calhoun County, Texas. The text is a fairly standard drainage assessment. The author describes non-trivial discharge of pollutants out of the plant’s outfalls, which drain into local waters, and the inability of the plant’s systems to prevent flooding from even small storms. For some context on this, it is pretty standard to design a stormwater system to be able to drain the 100-year storm (that is, the storm with a 1% or less chance of occurring in any given year). Formosa’s Texas plant demonstrated the inability to convey even the 2-year storm.

Emphases are mine:

“Problem areas were identified based on the results from the outfall drainage studies provided by Formosa. Thus, all the results in the OPCC rely on those studies, uncertainities associated with those studies, and the assumptions made for those studies, some of which may or may not be appropriate as I pointed out in Supplement #2 [Page 4]” (3)

“The proposed improvements assume that the conveyance capacity of the problem areas is increased 100%, which would be able to handle twice as much flow that it currently does. The results from the Drainage Study are not conclusive as to what storm event Formosa’s system currently is capable of conveying. The report does mention that the system is not capable of conveying the 2-year storm, and “sometimes” not even the 1-year storm event.” (3)

“A 45% contingency is applied to the OPCC due to the uncertainties associated with underground utilities, likelihood of existence of low road crossings and need to replace those, groundwater impacts, other unknowns, and additional costs associated with engineering, etc. 45% is reasonable and in line with industry practices in my experience, especially given the large amount of unknown information available.” (4) 

“My opinion from my July 9, 2018 report that “there have been and are still pellets and/or plastic materials discharges above trace amounts through Outfall 001” is further supported by the deposition testimony of Lisa Vitale, as representative for Freese & Nichols, Inc, that she and her colleagues have seen floating white pellets or small plastic pieces in Lavaca Bay and in the area near outfall 001 as part of her work on the receiving water monitoring program for Formosa’s TPDES permit...Ms. Vitale also testified that she told John Hyak of Formosa about these sightings as well as has sent him water samples with the pellets about five or six times, including at least one time prior to 2010. This, along with the June 2010 EPA Report I cited in my July Report, demonstrates to me that Formosa was aware of problems related to discharges of plastics from its facility since at least in 2010.” (6)

The positioning that you have to choose, and that Bono gets to choose, between livable working conditions and wages vs HIV treatment - forecloses possibility of HIV treatment AND acceptable working conditions. 

Forecloses critique of the industries’ unethical work conditions - because they are “proven” by inspectors to have good working conditions, and the bodies of the HIV worker-patients who are treated are proof of the goodness of the corps

Worker resistance is foreclosed because they know they depend on this “ethical” reputation to even have industry in their country, which is needed for survival because of past extractions and present oppressive global trade conditions

Bind that the workers are in - they have to perform the ethicalness and pretend their working conditions are ok when inspected because they know that their job (and the whole country’s export industry) depends on this performance of ethicalness and goodness of the factory

Performed Inspections provide proof, as do their HIV-treated bodies

Bono - celebrities promoting - people and at the stores purchasing/consuming branded RED products - blatantly baking “ethical” into the branding of consumer goods. 

Obscure bad working conditions with success of HIV treatment

ALAFA - while genuinely caring about workers’ health, they have made a decision on their behalf that this HIV treatment is what matters, and their working conditions don’t matter; same for Bono of U2 as an example celebrity here.

Fails on the worker’s understanding of responsibility to care for the sick -  violation of moral order because factory makes you sick 

Rejects and sidesteps responsibility for horrible working conditions (exposure and unlivable wages, no maternity leave, insecure) - focus instead on the HIV, for which they claim they have no responsibility, the HIV was already there, so they are responsible for treating those who are their current factory workers, giving them drugs and treatments that help them to be productive bodies, give them trainings that responsibilize them for getting the disease

The ethical is something you can enforce with these performed audits

The ethical is something consumers buy that’s branded and ethically produced - the ethical production is “no sweat” and also made by people whose suffering the profits can go to help

Celebrities and emotional and political sovereignty: “The vague network of forces for which Bono acts as spokesperson decides that HIV treatment is more important, and by extension, that labor violations, work rights, poverty, occupational health risks are less urgent forms of social suffering” -p474

ALAFA, a PPP organization, also makes this decision for the workers

ILO as well, as the inspectors

CSR through humanitarian fetishism, humanitarian consumption of ethical production, ethical industries or ethical production zones, where up the supply chain the brand buyers demand suppliers down the chain be “ethical” (while still demanding obscenely low prices, so of course it’s not possible). 

Ethical production zone against the race-to-bottom for garment manufacturing - instead of the labor being cheap they are sick in a way that the corporation can treat to its own benefit while gaining moral capital - it is a PPP so there are many “stakeholders” paying for different things

Celebrity involvement - consumers of humanitarian products

The article focuses on rebuilding more resilliently, 

"At the forefront of this work is NJIT’s Center for Resilient Design, housed at the university’s College of Architecture and Design. Established immediately post-Sandy, the Center conducts research and serves as a clearinghouse for expertise, ready-to-build designs, case studies and best practices. The Center is accessed by state and local leaders, business owners and residents living in areas especially vulnerable to flooding and storms."

The article focuses on rebuilding more resilliently, 

"At the forefront of this work is NJIT’s Center for Resilient Design, housed at the university’s College of Architecture and Design. Established immediately post-Sandy, the Center conducts research and serves as a clearinghouse for expertise, ready-to-build designs, case studies and best practices. The Center is accessed by state and local leaders, business owners and residents living in areas especially vulnerable to flooding and storms."