05/20/2006

Company may appeal ruling allowing neighbors to intervene

State sues fruit processor over wastewater

by bill o'brien

bobrien@record-eagle.com

WILLIAMSBURG — A judge's ruling on a lawsuit over environmental problems at Williamsburg Receiving and Storage could prompt an appeal from the fruit processor.

A ruling by Ingham County Circuit Judge Paula Manderfield last week allowed neighbors to intervene in the state's recent lawsuit against WRS. But company attorney Joseph Quandt said Friday he'll ask the court to review its ruling and, if necessary, take the case to the state Court of Appeals.

Quandt said it's "inappropriate" to include the Northern Michigan Environmental Action Council and several neighboring property owners in a suit over the Whitewater Township site. He said it interferes with the state's efforts to resolve the environmental problems at WRS, and that NMEAC and the neighbors should seek a separate legal action.

"They're basically using a state enforcement action in a process to improve their standing in a private lawsuit," Quandt said.

Attorney Christopher Bzdok responded that NMEAC and the neighbors aren't interested in squeezing money out of the company through the state's lawsuit. They're concerned that groundwater contamination, odors and other environmental issues at WRS aren't resolved by a proposed consent agreement negotiated by Quandt and the state Attorney General's office.

"It's giving the people who are affected by this a seat at the table," Bzdok said. "That's the only fair situation."

Quandt said despite the still-swirling legal issues, WRS continues to empty a large wastewater storage lagoon at the plant at a rate of up to 200,000 gallons per week and it should be gone by July 1. The lagoon spilled an estimated million gallons of wastewater last fall, which prompted in part the state's lawsuit in February.

"The company committed to close out the lagoon and eliminate any odor concerns," he said.

Both lawyers said they don't know what position the state Attorney General's office will take on the possible appeal. Assistant attorney general Alan Hoffman could not be reached for comment Friday.