2~ it I an Un WNeather Tonight: Partly cloudy, low in the upper teen. Tomorrow: Partly sunny, high around 40. One hundred four years of editorial freedom Thursday March 9, 1995 Umiversity, state settle hazardous-waste suit out of court By Daniel Johnson Daily Staff Reporter The University and the state De- partment of Natural Resources an- nounced yesterday that they have reached a settlement for the pending litigation over the University's stor- age of hazardous and low-level radio- active wastes. A consent judgment was submit- ted to 22nd Circuit Cout Judge Kurtis T. Wilder yesterday by the Univer- sity and the DNR. The out-of-court settlement reached by the two sides provides that the University will obtain the appropriate permits and licenses to store mixed waste at its Willow Run facility on Beck Road. In addition, the University will manage and transport mixed waste in accordance with DNR and Nuclear Regulatory Commission rules, main- tain proper records and devise a pol- lution-prevention project costing more than $1 million. "We were in between two agen- cies with conflicting regulations," William Krum, University associate vice president for business operations, said in a statement. "There was no release of any mixed waste into the environment, nor was any alleged." The DNR filed a notice of viola- tion against the University in 1991 for failing to apply for a state permit for storage of mixed waste. The University subsequently filed suit against the DNR claiming that it was disadvantaged by the state's lack of long-term storage and disposal of mixed waste. The University also claimed to be abiding by the NRC's regulations and said it was unaware that the DNR had jurisdiction over issues regarding the handling of mixed waste. "At no time was the DNR assert- ing that we were mishandling or re- leasing the material into the environ- ment," said University spokeswoman Julie Peterson. "It was an issue of jurisdiction and paperwork." The mixed wastes at the center of the controversy are produced largely by biomedical research con- ducted at the University Medical Center. After collection, mixed waste is sampled, tested, labeled and stored on a short-term basis at the North Campus Transfer Facility before be- ing taken to the Willow Run facil- ity. The University allows for cer- tain low-level radioactive waste to decay at the Willow Run facility until it is safe to dispose of as haz- ardous rather than radioactive waste. Some compounds with longer half- lives, such as tritium and carbon- 14, must be removed from the Wil- low Run site. "We do not have a location in the state of Michigan for storage and dis- posal of hazardous and low-level ra- dioactive waste," Peterson said. "Eventually, there will have to be a site established for long-term stor- age. Peterson said the Willow Run fa- cility has the capacity to store the University's waste for about five to 10 years. As part of the settlement with the DNR, the University will create a pollution-prevention project. "We see the waste minimizing process as being a benefit in reducing the amount of these materials released into the environment," said Jim Sygo, chief of the DNR's waste manage- ment division. The University plans to recycle See WASTES, Page 2 ay Penn 0ate- e Good-DBe ' prof. asks committee for racism study Jacks on, King play last game S n at Cnsler By Antoine Pitts Daily Basketball Writer Short three of its original mem- bers, the Fab Five era came to an end last night at Crisler Arena. The 67-60 victory over Penn State (8- 9 Big Ten, 16-10 overall) not only was a big step for Michigan (11-6, 17-12) in its quest to make the NCAA tournament, but it was a chance to say goodbye to the team's most-heralded members. Jimmy King and Ray Jackson, who came to Michigan as part of arguably the greatest recruiting class ever, made their final appearance in front of the home crowd. Juwan Howard, Jalen Rose, Chris Webber, Jackson and King took the nation by storm, accomplishing what nobody thought they could do, when they arrived together in the fall of 1991. All five of them started in the q 1992 National Championship game and repeated the feat a year later. Webber opted to go to the NBA after his sophomore season and Rose and Howard did likewise after their junior seasons, leaving King and Jack- son to finish things off. Flanked by their parents, King and Jackson were honored in a pregame ceremony. Coach Steve Fisher pre- sented the duo with framed jerseys. "I didn't know anything about it," Michiga Jackson said. "It will be exciting see- greates See FAB FIVE, Page 5 home gi '91-'92 25-9 '92-'93 Students' Party "would increas groups' fun d By Amy Klein Daily Staff Reporter Saying they will appropriate more money to student groups, the Students' Party is proposing a reorganization of the Michigan Student Assembly budget. The Students' Party plan would grant a 15-percent increase in funding to the Budget Priorities Committee, the group that makes recommendations to the assembly on the amount of money given to each student group. "Committees and commissions have been the traditional focuses of student outreach. It's time to restore their funding that By Jonathan Berndt Daily News Editor LANSING - A University pro- fessor with a history of activism ad- dressed a state House subcommittee yesterday and asked that the University's state funding be tied to a study about racism on campus. Pharmacology assistant Prof. Tho- mas Landefeld told the House Appro- priations subcommittee on higher edu- cation that the atmosphere for minori- ties at the University is "deplorable." "The pervasive racism that exists at the University takes on many forms including direct harassment, retalia- tory action, discriminatory practices and overt racial slurs," Landefeld told the panel. "Also, most assuredly realize that these are all too representative of what occurs, while at the same time they only scratch the surface relative to the degree of these occurrences," he said. Landefeld gave several examples, including the termination of Black employees at the Dental School and in the University's parking system. Vice President for University Re- lations Walter Harrison said each of Landefeld's allegations has been ad- dressed by the University. "Dr. Landefeld has brought a num- ber of grievances and charges. We've investigated every one," Harrison said. "If he has any other charges, he should bring them to the administra- tion or to the regents and I'm sure they will be investigated." Members of the committee were not too receptive to cutting funding or conducting a study. "A lot happens that we don't have to like," said Appropriations Com- mittee chair Donald Gilmer (R-Au- gusta). "Clearly, the only ultimate remedy, in my personal view, is that the administration of the University will have to address it with you." Rep. Liz Brater (D-Ann Arbor) said cutting funding would probably lead to program cuts, which could hit minority services. "That would be self-defeating,". she said. Brater is on the House's standing Committee on Higher Education but does not have a vote in making an appropriation recommendation. Rep. Morris Hood (D-Detroit), the head of the Legislature's Black Caucus, said he could not handle this issue on top of his other commitments. "I m not pleased with the responses of some of our college presidents," he said. "It isn't that I do not sympathize... but my time is very limited. "Your presentation is enlighten- ing to me. I hope you can convince the University. They are not going to fan the flames. They want to keep this down," Hood told Landefeld. Harrison said the University has developed numerous programs for im- proving the minority environment on campus. "I think the University of Michi- gan has established nationally a repu- tation for being a leader for bringing a friendly. environment for diverse populations to campus," Harrison said. "We've demonstrated our com- mitment to that. "I'm confident we're doing a pretty good job," Harrison said. "But I'm also aware there are incidents of racism and when they are brought to our attention we try to do something about it." Photos by DOUGLAS KANTER/Daily an seniors Ray Jackson and Jimmy King, the two remaining members of perhaps the st recruiting class in college basketball history, jog onto the court before the final Judge to re visit bond issue for Jake Baker ame of the season. 1 31-5 93' 94 24-8 '94-'95 17-12 '94 football capt. arrested i domestic violence case From Staff Reports Former Michigan football team co-captain Walter Smith was arrested Mon" y afternoon, charged with one count of domestic violence and jailed for one night in Pittsfield Township following an alleged domestic assault involving his girlfriend, The Ann Arbor News reported yesterday. Smith was released on a $100 bond ..,~ - - - - By Josh White Daily Staff Reporter LSA sophomore Jake Baker re- mains in prison today, his 21st birth- day, but he may be released as soon as tomorrow afternoon depending on the outcome of the continuance of his detention hearing. Judge Avern Cohn had scheduled the hearing for yesterday morning, but after a motion by U.S. Attorney Ken Chadwell at the 10:30 a.m. hear- ing in Detroit, Cohn continued Baker's detention until tomorrow. "Ken Chadwell and (U.S. Attor- ney) Chris Yates requested that a psy- chiatric evaluation be done on Jake Baker to have a professional opinion as to whether or not he is a danger to the community," said Sandy Palazollo, a spokeswoman for the U.S. Attorney's office. "They wanted to 11 - n .rnllnin _i r - 111 T r -h the bond issue in his district court- room and sent a letter to the 6th Cir- cuit Court of Appeals stating his in- tent. He scheduled yesterday's hear- ing after the Cincinnati court's ap- proval in an appellate decision an- nounced Tuesday. Cohn was the judge who, in a controversial 1989 case, ruled uncon- r stitutional parts of the University's hate speech code. His decision to block parts of the anti-harassment Baker policy came after he ruled that it abridged the students' right to free speech. Baker's attorney, Douglas T~MOrf cm h shnailrmt thea JONATHAN BERNDT/Daily The capital reserve budget is available to cover any financial emergencies. MSA President Julie Neenan said she thinks the Stu- dent Party's proposed budget changes are irresponsible. "Although I think BPC needs a lot of money. I think this is the most fiscally irresponsible thing they could do. I i