September 27, 2006

The Department of Environmental Quality and the Department of Attorney General have reached a settlement with Bulk Petroleum Corporation that resolves a lawsuit filed against the company on February 1, 2005. The lawsuit alleged violations of Bulk Petroleum’s coverage under the National Pollutant Discharge Elimination System General Permit that authorized the discharge of treated wastewater at its facilities located in Grand Rapids and Kentwood.

“When operators fail to comply with their permits, they place the residents and resources of this state at risk,” said DEQ Director Steven E. Chester. “The DEQ provides dischargers with every opportunity to comply with their permits, but we must take action when those obligations are not met in order to keep our environment safe.”

Added Michigan Attorney General Mike Cox, "Those who create environmental hazards must be held accountable for their actions. The protection and safety of all Michigan residents remains paramount."

Bulk Petroleum treated groundwater contaminated with gasoline and other petroleum products at the facilities and discharged under the permit during 2002. The DEQ discovered several violations during this time including failure to have a certified operator for the facilities, numerous exceedances of maximum daily effluent limitations for total BTEX (benzene, toluene, ethylbenzene, and xylenes), pH, and MTBE (methyl tertiary-butyl ether), and several missed sampling events and equipment inspections. Bulk Petroleum has ceased discharges at the two facilities and their permit coverage was terminated in 2004.

The settlement provides for payment of $195,000 in civil fines and costs of investigation and enforcement. In conjunction with this settlement, Bulk Petroleum settled a third-party lawsuit against its former consultant, Aqua-Tech GeoTechnical Consultants, Inc. that specifies the allocation and payment terms of the civil fines and costs agreed to in the state’s settlement with Bulk Petroleum.

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 September 27, 2006 by Pat Watson