Post date: Sep 01, 2014 4:54:10 AM
Community-Acceptable Cleanup in Court
On June 26, 2002, SRSW and the City of Ann Arbor each filed petitions for a contested case opposing the modified NPDES discharge permit issued to Pall Life Sciences [PLS] by the DEQ. Both parties oppose the increase to 1300 gpm without reducing the limits on the concentration of 1,4-dioxane being discharged.
The higher mass of dioxane allowed to be discharged to a minor tributary of Honey Creek could damage water supplies along the discharge route and could mean detectable levels of dioxane at the Ann Arbor water intake at Barton Pond.
The modified permit included a condition that if the modified permit was contested, the modified permit would be stayed, and the previous permit would remain in effect. This meant that the 1300 gpm discharge reverted back to the previous rate of 800 gpm.
PLS was allowed to intervene in the contested case and, in July, filed a motion to restore the 1300 gpm discharge while the contested case was being heard.
SRSW opposed PLS's motion on July 31, 2002. The City has until August 7 to make its response.
Meanwhile, according to an Ann Arbor News article on July 31, PLS has sued the City and SRSW in Circuit Court seeking an injunction to allow the increased discharge rate.
It seems that PLS is resurrecting the old Gelman Sciences tactic of using every legal maneuver to avoid a community-acceptable cleanup.
SRSW encourages PLS to commit to treating to the community-acceptable levels of 0-3 ppb. This is what PLS promised to do in 1995 before breaking the promise in 1996.
Treating to 3 ppb or less is certainly achievable in June, PLS had a monthly average discharge under 2 ppb while treating over 50 million gallons -- a rate of about 1200 gpm.