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01/05/2007Settlement meeting is set for todayTRAVERSE CITY — State officials will try, try again to gain court approval of a deal in the state's lawsuit with Williamsburg Receiving and Storage over environmental violations. The parties are slated for a settlement conference today in litigation over a large wastewater spill in late 2005 and other environmental problems on the cherry processor's property north of M-72 in Whitewater Township. In limbo is a proposed consent pact that includes hefty fines and timelines for site cleanup. Thirteenth Circuit Court Judge Thomas Power rejected the deal last week, amid objections from neighbors and Power's concerns that the deal required excessive oversight. A lawyer for the Department of Environmental Quality said the next move won't be determined until after today's talks. "At that time, it's hopeful we can work something out,” said Alan Hoffman, as assistant state attorney general who helped negotiate the 38-page judgement. The proposal is similar to "dozens” of agreements the DEQ has around the state to resolve environmental violations, he said.(*) "I don't think that as a practical matter (Power) would have to be involved” in enforcement, Hoffman said. "The hold-up and the problem seems to be with the intervening plaintiffs.” Hoffman's reference was to the Northern Michigan Environmental Action Council and a neighbors' group who intervened in the lawsuit. They're technically on the same side as the state, but the co-plaintiffs are at odds over the proposed judgement. The neighbors are concerned it could be used to dismiss their claims, since they're seeking damages for various pollution problems at WRS. "(The state) should lead, follow or get out of the way,” said Christopher Bzdok, an attorney for the neighbors and NMEAC. He suggested the state come up with a more stringent consent judgement or delay additional legal action against WRS while the neighbors' case is resolved. "We're going to move forward in a straight line until we reach the finish line or until we've lost,” he said. Meanwhile, attorneys for WRS and co-defendant Sensient Flavors Inc. filed documents last week to dismiss the neighbors' portion of the suit. The companies argue that state environmental laws give the DEQ jurisdiction over wastewater and odor at the plant, and that those topics are covered in the pending consent judgement. A hearing is scheduled for Jan. 22. Clearing the Record
To clarify, the proposed consent judgement between the state and Williamsburg Receiving and Storage includes fines and timelines for submission of plans to the state Department of Environmental Quality for cleanup activities at the site that potentially are subject to additional court oversight.
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