January 23, 2004

In a case investigated jointly by the Michigan Department of Environmental Quality’s (MDEQ’s) Office of Criminal Investigations (OCI) and the Menominee County Sheriff’s Department, StoraEnso of North America pled guilty to 41 violations of their Part 115 permit that allows them to land-apply “NiAGro” (sludge derived from paper-mill waste) to the ground. Each of these counts is a misdemeanor that carries a possible penalty of a $1,000.00 fine and costs of prosecution.

Pursuant to a plea agreement, StoraEnso of North America will pay a total of $41,000.00 in fines, costs, and restitution. The total payment includes $21,000.00 to the District Court for criminal fines and court costs, $15,000 to the MDEQ, and $5,000 to the Menominee County Sheriff's Department for investigative costs. The court also placed the defendant corporation on probation for a period of two years. During the probation period, StoraEnso of North America will implement a monitoring program at their own expense to determine if the improper application of the sludge affected residential drinking water wells. They will continue to monitor the groundwater at all sites that receive NiAGro applications in the future to protect groundwater aquifers (drinking water well sources). Tests will begin within 90 days of the plea and continue at two-year intervals (2006, 2008 and 2010).

The Michigan Department of Attorney General filed the criminal complaint, on behalf of the MDEQ, on May 20, 2003, in the 95A Judicial District Court, Menominee County. The complaint alleged violations of the Part 115 permit, which limited the method and manner in which StoraEnso could apply NiAGro to the land. The permit contained various provisions regarding the application of NiAGro including minimum distances from residential wells and dwellings, distribution requirements, and notices to adjacent landowners prior to application.

The investigation stemmed from complaints to the Menominee County Sheriff’s Department by concerned landowners. The Sheriff’s Department requested assistance from the MDEQ OCI. The joint investigation focused on 81 application sites throughout Menominee, Delta, and Marquette Counties.

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

Revised January 23, 2004 by Scott Olin