March 1, 2005

Department of Environmental Quality Director Steven E. Chester today announced the following enforcement actions:

Brazeway, Inc., Madison Township, Lenawee County

In October 2004, the DEQ with assistance from the Department of Attorney General reached agreement with Brazeway, Inc. resulting in the repayment of $1.2 million in state costs and the preparation and implementation of a cleanup plan for contaminated property owned by Brazeway. Historic spillage of chemical solvents used in Brazeway’s manufacturing process over an extended period of time is the likely source of contamination found in soils on the Brazeway property and groundwater contamination found in residential wells in parts of Madison and Palmyra Townships in late 1994. In 1995, drinking water health advisories were issued for residents using wells in this area, and in 1996, over 112 households were connected to a public water supply using state funds.

Barryton Scrap Tire Company Owner Sentenced to Nine Months in Jail

On February 1, 2005, as a result of a coordinated effort by the DEQ’s Waste and Hazardous Materials Division and Office of Criminal Investigations, and the Department of Attorney General, Judge Susan Grant of the 77th District Court sentenced Kenneth Schumacher and Alternative Fuels to 270 days in jail and $10,994.88 in personal fines. Judge Grant also fined Alternative Fuels $10,000 under the repeat offender provisions of Part 169. Immediately following the sentencing, Schumacher was taken into custody and lodged in the Mecosta County Jail. Schumacher and Alternative Fuels were previously convicted by a jury of delivering scrap tires to an unauthorized site in violation of Part 169 of the Natural Resources and Environmental Protection Act.

Lawsuit Filed against Bulk Petroleum Corporation

The Department of Attorney General, on behalf of the DEQ, filed a civil lawsuit against Bulk Petroleum Corporation regarding two of its facilities located in the cities of Grand Rapids and Kentwood in Kent County. The complaint alleges that Bulk Petroleum violated Part 31, Water Resources Protection, of the Natural Resources and Environmental Protection Act; National Pollution Discharge Elimination System General Permit Number MIG089000; and Bulk Petroleum’s Certificate of Coverage issued by the DEQ pursuant to the permit. The complaint requests the court to order Bulk Petroleum to comply with state and federal law for any discharges from the facilities, and to pay a civil fine and costs of surveillance and enforcement incurred by the DEQ and DAG.

Two Men Convicted in Oscoda County for Drinking Water Well Violations

On February 7, 2005, as a result of a coordinated effort between the DEQ’s Water Division and Office of Criminal Investigation, and the DAG, Judge William Myles of the 23rd Circuit Court in Mio completed the sentencing of James Redmon and Gene Wallington, for illegally abandoning and improperly plugging 162 drinking water wells in the Big Creek/Mentor Township Water Project. The men submitted reports to officials claiming the wells were properly plugged and subsequently received State of Michigan monies for their false claims. Judge Myles sentenced Redmon to 90 days in jail for each count (running concurrently), $1,000 in fines and court costs, and $50,000 in restitution to the State of Michigan. In exchange for his plea, five other related counts of Uttering and Publishing were dismissed. Wallington received a sentence of $495 in fines and court costs, and $23,700 restitution to the State of Michigan. In exchange for his plea, three other related counts of Uttering and Publishing were dismissed. The $73,000 in restitution assessed by the court was more than twice the amount of the men’s ill received gains. The restitution recovers the amount of monies the state spent on the investigation and payment to another contractor to properly plug the wells.

Editor’s note: DEQ news releases are available on the department’s Internet home page at www.michigan.gov/deq.

Revised March 1, 2005 by Pat Watson