May 3, 2005

An ongoing legal dispute involving the proposed construction of a public sewerage system in the city of Boyne, in Charlevoix County, has been dismissed. The legal dispute centered on a permit that was issued by the Department of Environmental Quality to the city to construct improvements to its public sewerage system.

The Friends of the Boyne River, Inc. and others who make up the Save the Boyne River Coalition submitted a petition challenging the city’s planned discharge of wastewater effluent into the Boyne River. The DEQ, the FOBR, and the city agreed to settle the dispute through a Settlement Agreement.

“This Settlement Agreement ensures that the permitted activities undertaken by the city will be protective of human health and the environment, and welcomes public participation in the process,” said DEQ Director Steven E. Chester.

Under terms of the Settlement Agreement, the city agrees to construct and operate its wastewater treatment facility in accordance with its issued permits from the DEQ, and continue their historical practice of discharging all wastewater effluents into Lake Charlevoix.

The Settlement Agreement resolves the dispute that involved four different legal arenas including the Office of Administrative Hearings for the DEQ, the Ingham County Circuit Court, the United States District Court in Grand Rapids, and the United States Sixth Circuit Court of Appeals in Cincinnati, Ohio.

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

Revised May 3, 2005 by Pat Watson