New York will use a $12 million settlement with Occidental Chemical Corporation over chemical pollution on Lake Ontario to support projects to improve the area's recreational fishing.

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The settlement, which will be paid in five increments over the next four years, addresses the damages caused as a result of the discharge of dangerous chemicals from Occidental's main plant on Buffalo Avenue in Niagara Falls and from other sites and facilities either owned or operated by Occidental.

The settlement agreement was approved on June 21 by the United States District Court for the Western District of New York. The first payment of $2.4 million is due within 30 days. The four other payments will be due annually on June 21, beginning in 2007.

Under the federal Compre-hensive Environmental Response, Compensation and Liability Act (Superfund), and state common law, the settlement reflects an assessment of the harm suffered by the state's residents as a result of the fish consumption advisories necessitated by the presence of chemicals in the fish of Lake Ontario.