09/15/2006

Settlement in dumping case may be near

By PATRICK SULLIVAN

psullivan@record-eagle.com

HONOR — A settlement could be near in a years-old industrial dumping case in which discarded blueberry waste turned a Benzie County trout stream orange.

The state Department of Environmental Quality and representatives of Graceland Fruit Inc. and Bonney Bros. Septic Pumping of Honor were to meet this week to discuss how to resolve environmental violations alleged by the DEQ over 30 months ago.

The investigation into the blueberry waste dumping began March 2003 and a report from the DEQ was submitted to the Michigan Attorney General's office in January 2004. Investigators alleged Bonney illegally dumped fruit processing waste from Graceland upland from a farm and trout stream.

A chemical reaction caused by the blueberry waste turned the stream orange.

Attorney general spokesman Ari Faneuil said a resolution of the case may finally be at hand, based on the meeting between DEQ and the companies' officials.

"There's obviously no guarantee it will be finalized, but it hopes to be done in the coming weeks," Faneuil said. "Hopefully, it will be over with soon."

He said the state wants a settlement to include a plan to clean the contaminated area and an agreement that the companies pay for a "supplemental environmental project" in lieu of paying damages or fines. Working out details of the "SEP" delayed the settlement, he said.

A SEP is typically a project that somehow benefits the environment in the region where an environmental violation occurred.

The settlement is a long way from what the DEQ originally sought from the attorney general's office — felony and misdemeanor charges against Graceland Fruit Inc. and waste hauler Kevin Bonney of Bonney Bros. Septic Pumping of Honor.

The DEQ investigator who requested charges,

Detective Sgt. Thomas Wingate, wrote in his report, "The reckless disregard for the natural resources of this state requires criminal action be taken in this incident."

Rick Rusz, enforcement specialist with the DEQ's water bureau, said he could not discuss details about what the settlement might entail.

Meanwhile, a hearing is scheduled today in a civil lawsuit over the dumped blueberry juice filed by farmer Charles Brozofsky against Graceland and Bonney. Graceland is seeking to be dismissed from the suit, according to Christopher Bzdok, Brozofsky's attorney.

See related stories:

• County seeks federal money for wastewater plant - June 24, 2006
• Benzie to learn grant details - April 14, 2006
• Graceland pursues grants - February 14, 2006
• Dumping suit to proceed - December 15, 2005
• Graceland wants lawyers to be quiet - December 11, 2005
• DEQ sought felonies against Graceland, hauler - November 20, 2005
• CEO: Tax shield has nothing to do with pollution - November 20, 2005
• A close look at the DEQ findings - November 20, 2005
• How fruit waste turns a stream orange - November 20, 2005

See related editorial:

• Graceland record isn't worth more largesse - February 23, 2006
• Cox must explain orange creek decisions - November 27, 2005