Current status of the NPDES Permit as of October 2005:

The DEQ's Water Bureau reissued Pall Life Sciences' NPDES Permit on September 30, 2005. The discharge limit for 1,4-dioxane was lowered from 10 to 7 parts per billion for a monthly average; the daily maximum discharge limit was lowered from 30 to 22 parts per billion. A new discharge limit for bromate was added, at 10 parts per billion for a monthly average, with no daily maximum. Links:  Permit and Summary.

Status of Contested Case on NPDES permit as of August 2005:

A Public Meeting and Hearing with the DEQ is being held to seek additional public input on the proposed reissuance of this permit. This meeting and hearing will be held on September 13, 2005, 7:00 P.M. at the Scio Township Hall, 827 North Zeeb Road, Ann Arbor. The DEQ will consider comments made at the hearing when making its final determination on the permit. 

The following link will take you to the Water Bureau's "Permits on Public Notice" website, where you can scroll to Table 1 for information listed under Permit M10048453, Pall Corporation, including information on where to send your comments.  Public comment is being accepted through September 16, 2005.

Historical status of Contested Case on NPDES permit as of March 2004:

In June 2002, the City of Ann Arbor and Scio Residents for Safe Water filed petitions contesting the Pall Life Sciences (PLS) NPDES Permit No. MI0048453 (permit) and the increase in the authorized volume of the discharge.  Washtenaw County subsequently filed a petition to join the contested case and was also a party to the case.  PLS was temporarily required to decrease the maximum volume of the discharge back to the 800 gpm required by the previous permit.  It was eventually decided that the contested case did not require a reversion to the earlier permit limit during the consideration of the contested case, and PLS resumed discharging the higher volume in August 2002.

Preliminary hearings on the contested case resulted in the scope of the contested case hearing being limited to the “increased use” and the effects of the increased use in PLS’s modified permit.  In August 2003, the parties initiated settlement negotiations in an attempt to resolve the remaining issues without a hearing.  At the request of the parties, the Administrative Law Judge for the case issued an Order that effectively adjourns the contested case hearing that had been scheduled for late September 2003. 

On December 5, 2003, a Stipulated Order was entered, as agreed to by all parties to the Contested Case, dismissing all claims without prejudice.  PLS agreed to limit the concentration of 1,4-dioxane in its daily maximum discharge to 30 parts per billion during the months of July, August, September and October.  PLS also agreed to provide additional notices to the Petitioners.

The current NPDES permit is now being considered for reissuance, as discussed above.  During the DEQ’s consideration of the conditions for the new permit, from August 12 to September 16, 2005, any affected parties have the right to comment on the permit.  After issuance of a new permit, any affected parties will then have the right to file a Contested Case.