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01/09/2007Company, neighbors reach pactWilliamsburg Receiving and Storage will install equipment, pay claimsTRAVERSE CITY — A settlement was reached that includes $450,000 in payments to the state and neighbors to resolve a long-running dispute over environmental problems at Williamsburg Receiving and Storage. The resolution reached late Friday afternoon followed a day of negotiations at a settlement conference before Circuit Judge Thomas Power in the state's lawsuit over the cherry processing company. Attorneys for a neighborhood group that intervened in the lawsuit agreed with representatives of the company that the deal is a major step forward in resolving long-standing complaints over odors and other environmental issues at the WRS plant north of M-72 in Whitewater Township. "I think (the company) deserves a lot of credit for (the settlement),” said Christopher Bzdok, an attorney for the neighbors and the Northern Michigan Environmental Action Council. The company agreed to maintain a "wet scrubber” and other odor-control equipment at the plant, and spend about $100,000 to install equipment that will monitor hydrogen sulfide levels. The parties also agreed to name a third-party to investigate future odor complaints — dubbed by Bzdok as a "smell sheriff” — with sanctions of $3,250 for each future violation. "A significant effort has been made by the company to eliminate the concerns of the neighbors,” WRS attorney Joseph Quandt said. The company also agreed to pay the neighbors $350,000 to settle damage claims over on-going nuisance odors and other contamination problems at the site. The agreement calls for an initial payment of $200,000 followed by quarterly installments of $25,000. The company also agreed to abandon any plans to store wastewater in ponds on the property, or dispose of it through spray irrigation on surrounding properties. The state Department of Environmental Quality sued WRS in February, after a major wastewater spill at the plant in November 2005. The case was filed in Lansing but was transferred to 13th Circuit Court in Traverse City at the request of NMEAC and the neighbors. A modified consent judgment that resolves the state's portion of the lawsuit was also reached Friday, officials said. In it, the state agreed to reduce its stipulated penalties against the company by $50,000 so those resources can be used for odor control and monitoring equipment at the plant. The company will pay $100,000 to the state in fines for previous environmental violations. Quandt said he expects most neighbors will take a wait-and-see approach toward the settlement until another season of cherry processing is complete, but that "the company is confident the odors are going to be a thing of the past.” "We're pleased that (the lawsuit) is resolved,” he said. "We're looking forward to re-committing ourselves to the neighborhood and getting past this thing.” See related stories:
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