February 6, 2006

The Department of Environmental Quality and Department of Attorney General today announced that a civil lawsuit has been filed against Williamsburg Receiving and Storage, LLC regarding its cherry processing plant located in Whitewater Township, Grand Traverse County. The lawsuit alleges that WRS violated Michigan’s water protection laws and an Administrative Consent Order entered between WRS and the DEQ on August 16, 2002.

The ACO addressed violations at the plant related to the discharge of the high- strength wastewater to the groundwater and associated nuisance odors. The ACO prohibited WRS from discharging process wastewater to the groundwater and required WRS to cease placing wastewater into its wastewater storage lagoon until a permit was obtained that authorized the discharge of all process wastewater generated at the plant. Until a new permit is issued, WRS is required to place all wastewater in sealed tanks to prevent odors and lawfully transport and dispose of the wastewater at appropriate disposal sites.

“The DEQ will continue to work with the food processing industry to develop treatment options that are protective of the environment, and economically achievable,” said DEQ Director Steven E. Chester. “However, when a facility chooses to ignore the law, we must take action to keep Michigan safe.”

In early 2005, the DEQ began receiving increasing numbers of nuisance odor complaints from residents near WRS’ plant. Investigations by the DEQ revealed that WRS had discharged its untreated process wastewater to several locations on its property in violation of Michigan law and the ACO. The investigations also revealed that WRS had resumed storing untreated wastewater in its storage lagoon as well as several brine pits at the plant in violation of the ACO. In addition, during November 2005, the storage lagoon was breached causing the discharge of several hundred thousand gallons of wastewater into WRS’s storm water collection system, a road side ditch, and the Petobego Marsh.

"Contaminating our state waters and fouling our air is unacceptable," said Attorney General Mike Cox. "It is unfortunate that we must resort to the courts to obtain the relief necessary to assure a speedy recovery from the damage brought upon our environment."

The lawsuit requests several actions of the court, including prohibitions of further processing operations until stockpiled wastewater has been lawfully disposed of and from discharging wastewater unless WRS is in full compliance with state and federal law. The lawsuit also requests that the court order WRS to abate nuisance odors, investigate and remediate any contamination caused by the discharges, and pay civil fines, stipulated penalties, and costs incurred by the DEQ.

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 6, 2006 by Pat Watson