04/18/2006

Neighbors want to join plant lawsuit

By Bill O'Brien

bobrien@record-eagle.com

WILLIAMSBURG — Neighbors and an area environmental group want to join the state's lawsuit against Williamsburg Receiving and Storage.

More than a dozen neighbors around the fruit processing plant north of M-72 in Whitewater Township joined the Northern Michigan Environmental Action Council in a court action being filed this week in Ingham County Circuit Court. They want to intervene in the state Attorney General's office lawsuit against WRS filed in early February.

Neighbors said they want to take part in the suit to ensure their concerns will be heard by state officials, who are working on a negotiated settlement known as a consent decree to resolve the dispute.

"None of us can bear another season like the past five years without knowing that we're actually doing something in our best interest," said Robbin Bustance, one of the neighbors attempting to join the litigation.

Tracy J. Andrews, an attorney for the parties, confirmed Monday that a motion to join the lawsuit is being filed in Lansing but would not immediately comment.

The state Department of Environmental Quality filed a four-count lawsuit that charged the company with violating the state Natural Resource and Environmental Protection Act and an earlier consent agreement with the DEQ. Some of the allegations stemmed from a major spill from a wastewater storage lagoon on the site that partially gave way during a wind storm in November.

The complaint also documented up to two dozen incidents of odors around the plant last year.

WRS attorney Joseph Quandt said he was "a little disappointed" in the latest court filing because the fruit processing company is trying to work with neighbors and local environmentalists to resolve the long-standing pollution issues at the plant.

"We've been working with NMEAC officials from the very beginning...(and) have provided them with significant information," Quandt said. "(But) that's their prerogative, and we will respond accordingly."

See Related Stories:
      State approves cleanup plan at fruit processing plant - March 16, 2006
      Group issues report on WRS - Feburary 9, 2006
      State lawsuit targets WRS - Feburary 7, 2006
      Processing plant's environmental issues linger - January 29, 2006
      Sewer plant to accept 5 million gallons of waste - January 19, 2006
      County, WRS are in talks - January 13, 2006
      No decision on intervention - December 22, 2005
      Proposed legal action against WRS on agenda - December 20, 2005
      Industrial waste spews from storage lagoon - November 14, 2005
      Complaints of odors lead to DEQ inspection - July 23, 2005

See Related Editorial:
      It's time to put an end to a cherry plant mess - February 7, 2006

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