January 12, 2007

The Department of Environmental Quality has entered into Consent Judgments with Williamsburg Receiving and Storage (WRS) to resolve the department's lawsuit filed against the cherry processing company, as well as a lawsuit filed by the intervening plaintiffs, Whitewater Residents Association and Northern Michigan Environmental Action Council. As part of the Consent Judgments, Cherry Blossom, which also operates at the plant site, was added to the DEQ's complaint and will be subject to the settlement terms.

"These settlements ensure that Williamsburg Receiving and Storage will operate in a manner that provides its neighbors with the peace of mind of knowing the environmental quality of their community is protected," said DEQ Director Steven E. Chester. "The DEQ appreciates the cooperation of all parties involved in reaching this settlement."

"The terms of this settlement provide and will ensure the necessary steps are taken to return Michigan's air and waters to the highest quality level that citizens expect," said Attorney General Mike Cox. "I applaud both my staff and that of the DEQ for reaching a settlement that protects our natural resources."

The DEQ's settlement with WRS requires the company to comprehensively address all environmental issues at their plant. All wastewater generated at the plant must be placed in sealed tanks and lawfully transported off-site for disposal until WRS obtains a new groundwater discharge permit. WRS must control nuisance odors from its wastewater storage building and must also investigate emissions of air pollutants from its processing operation to determine if additional air emission control measures must be implemented. Furthermore, prior to submitting a new groundwater discharge permit application, WRS must submit a Wastewater Management Work Plan addressing the location and design of proposed wastewater storage, transfer, and treatment facilities. WRS must also complete a remedial investigation of all alleged wastewater disposal locations at or near the site, and implement any necessary response activities to address identified contamination.

WRS will pay $100,000 in civil fines and $20,000 for the DEQ's costs of enforcement. WRS has already removed all wastewater stored at the plant, and has closed and filled in the wastewater storage lagoon. Newly generated wastewater is stored in the wastewater storage building and transported off-site for disposal.

The second settlement between the intervening plaintiffs and WRS will address specific concerns of residents in the vicinity of WRS, including provisions for monitoring air quality in the area.

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"