05/03/2021 - Gelman Litigation Hearing

05/03/2021 - Gelman litigation hearing related to the 4th Consent Judgment settlement proposal.

"At this hearing, Judge Connors ruled that the terms of the proposed Fourth Amended and Restated Consent Judgment (Proposed 4th CJ) would be implemented.

The judge further stated that he would have quarterly meetings with the state, Gelman and the intervenors to assess progress and consider revisions. The following items are included in the Proposed 4th CJ, to be implemented:

1. Additional monitoring and mapping of the contaminated groundwater.

2. Removal of additional dioxane from areas of high concentration downgradient of the source.

3. Removal and treatment of additional dioxane at the source area on the Gelman Property.

4. Expansion of the Prohibition Zone.

5. Incorporation of two new treatment technologies – phytoremediation and heated soil vapor extraction.

6. Reduces the drinking water criteria from 85 to 7.2 parts per billion of dioxane in groundwater; in agreement with changes at the state level in 2016.

Beginning Sept. 1, 2021, the parties must report back quarterly to the court for a progress update."

(from City of Ann Arbor Water Quality Newsletter-Volume 3, Issue 23 | June 2021)

Status of the other matters of disagreement relating to the proposed 4th CJ settlement apparently will be resolved at quarterly hearings while the interveners remain parties in the case ... and the EPA intervention continues on a separate path.