10/07/2006

Plant lawsuit nearing deal?

Some progress reported in action against fruit operation

By Bill O'Brien

bobrien@record-eagle.com

WILLIAMSBURG — State officials are close to finalizing an agreement to resolve various pollution problems at the Williamsburg Receiving and Storage fruit processing plant, but it may not clear up all the legal issues surrounding the operation.

Representatives of the state Department of Environmental Quality said they're making "final changes" to a consent judgement to resolve a lawsuit filed by the state in February against WRS.

The suit stems from an unauthorized wastewater lagoon and other environmental problems at the cherry processing plant along Munro Road in northern Whitewater Township.

"As of a few days ago, I saw a draft that looked like we were pretty close to being able to sign it," said Janice Heuer, an environmental engineer at the DEQ office in Cadillac. She said the DEQ nearly completed the consent agreement over the summer but wanted to add concerns over air quality to the settlement.

WRS attorney Joseph Quandt said he's received the draft agreement from the state. Negotiations could be completed within two to three weeks, he said.

It remains to be seen whether the agreement will satisfy concerns raised by a citizens group that was allowed to join the state's litigation.

Christopher Bzdok, attorney for the Whitewater Residents Association, said the lagoon water level is down significantly, but periodic odor problems continue to plague the area. A court order gave the company until Oct. 15 to eliminate "nuisance odors" at the plant, but Bzdok said it's too early to determine if those provisions will be met.

"We're not going backward, but we're not moving forward fast enough, either," he said.

A hearing in the lawsuit is set for Oct. 16, while a court-ordered mediation session is slated for mid-November.

Bzdok said his clients haven't participated in the state's settlement talks and he isn't sure if they will resolve all the lawsuit issues.

"Nobody's asked to make us a party to that settlement ... we don't gain anything by impeding the DEQ in doing what it wants to do," he said.

Heuer said the lagoon, estimated last fall to hold around four million gallons of cherry wash water from the plant's processing operations, is nearly empty. Contaminated sludge from the bottom of the pit will have to be landfilled and the DEQ awaits a written closure plan.

"I think they're showing progress, which is promising," Heuer said. "It has to be finished, of course."

See related stories:

• WRS drops suit against neighbors - Aug. 18, 2006
• Plant neighbors get warning - Aug. 16, 2006
• Processing plant odor lawsuit to get hearing - Aug. 13, 2006
• EPA studies emissions from WRS facility - July 4, 2006
• WRS may appeal ruling allowing neighbors to intervene - May 20, 2006
• Locals, groups join in WRS lawsuit - May 11, 2006
• Plant opposes neighbors' efforts - May 2, 2006
• Neighbors want to join plant lawsuit - April 18, 2006
• 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 editorials:

• Neighbors have the right to demand some fresh air - July 16, 2006
• It's time to put an end to a cherry plant mess - February 7, 2006