General Chemical Corp. Litigation

This litigation involves claims by employees and former employees of the Sun Oil Company that they have sustained injuries or damages or may in the future sustain injuries or damages as a result of alleged chemical emissions from the General Chemical Delaware Valley Works facility. The plaintiffs, who are or were employees of Sun's Marcus Hook Facility alleged that General Chemical released gaseous sulfur dioxide (SO2) and/or sulfur trioxide (SO3) toxins from their Delaware Valley Works facility, which was adjacent to the Sun Oil Marcus Hook Facility. Plaintiffs further allege that the release of these toxins posed a serious risk of injury to persons who may have been exposed to them. Plaintiffs in this case have sought to establish a Medical Monitoring Fund to provide medical testing to evaluate the health effects associated with chemical exposures at the Marcus Hook Facility. These cases are pending in the Court of Common Pleas of Delaware County. The Court is supervising these cases. General Chemical is the defendant in these cases. General Chemical has defended these claims and denies any liability.

By agreement dated September 30, 2003, entitled Settlement Agreement, and as amended, following negotiations between the parties, General Chemical and the attorneys representing the class agreed to a class-wide settlement of all claims of all members of the class against General Chemical (which is described in more detail below). The Court has conditionally certified a class for purposes of considering whether to approve the class-wide settlement described in this notice. If you are a member of the class as defined below, your rights are affected by this proposed settlement. If you do not opt-out, you will be considered part of this settlement.

The class is defined as all persons who are current or former employees or workers at Sun's Marcus Hook Facility, and their spouses and all other persons claiming through them, who have claimed, now claim to have, or may claim in the future to have suffered or may in the future claim exposure to or suffer any damage or injury of any kind arising from or relating in any way to the alleged Chemical Emissions.

"Chemical Emissions" includes all emissions, releases, discharges, spills, clean up, remediation and/or abatement of chemicals, wastes, toxic substances, contaminants, pollutants, irritants, and any compound or derivative thereof, of any kind and in any form, including but not limited to sulfur dioxide and sulfur trioxide, that allegedly were generated at or from the General Chemical Delaware Valley Works Facility. You are a member of the class if you meet the class definition above, regardless of whether or not you have a lawsuit pending in Delaware County Court involving the alleged Chemical Emissions.

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