February 1, 2006

Department of Environmental Quality Director Steven E. Chester announced today that a civil lawsuit was filed in the 30th Judicial Circuit Court in Ingham County naming MARD Enterprises as a defendant and alleging violations of various state environmental laws.

“MARD’s actions have the potential to not only damage the environment of the local community, but damage the overall health of Michigan’s ecology,” said DEQ Director Steven E. Chester. “The DEQ is obligated to step in and ensure that these activities stop.”

Since May 2003, MARD has been developing a 60-acre parcel of property in South Haven into a condominium development known as Sherman Hills. The DEQ has documented discharges of sediment from the Sherman Hills site to the adjacent Black River and regulated wetlands on the property on five separate occasions; however, conditions at the site indicate that additional discharges to the waters of the state have occurred. Sedimentation is one of the major sources of stream and river impairment nationwide, and these types of discharges are, or have the potential to become, injurious to the Black River and downstream water bodies.

"MARD's activities have been undertaken in total disregard of the state's water resources," Attorney General Mike Cox said. "My office will vigorously pursue this action to bring MARD back into compliance with the law."

Despite numerous warnings from the DEQ that conditions at Sherman Hills were unacceptable, MARD has failed to effectively address soil erosion and sedimentation issues on the site. The complaint, which alleges six counts of unlawful conduct by MARD, requests that the court:

• Declare MARD’s conduct unlawful and a violation of Parts 31, 91, and 303 of the Natural Resources and Environmental Protection Act.

• Grant a permanent injunction requiring MARD to cease the pollution, impairment, or destruction of natural resources of the state of Michigan.

• Require numerous restoration activities for the Black River, wetlands, and Sherman Hills site.

• Require the submittal of detailed plans to the DEQ prior to the receipt of permits for future construction projects.

• Imposition of appropriate civil fines and payment of DEQ’s attorney fees and costs of surveillance and enforcement.

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

“Protecting Michigan’s Environment, Ensuring Michigan’s Future”

Revised February 1, 2006 by Linda Crawford for Pat Watson