Rutland Herald

ANR orders hearing into Omya waste site

February 16, 2004
By BRUCE EDWARDS Herald Staff

A decision on whether Omya Inc. needs a solid waste permit for its tailings dump in Florence has been tossed back into the lap of Jeffrey Wennberg, commissioner of the Department of Environmental Conservation.

Wennberg ruled in November that Omya needed a solid waste permit to construct an above-ground storage facility for marble waste from its calcium carbonate processing plant.

The decision pleased opponents of the dump, including Vermonters for a Clean Environment, but disappointed Omya, which asked Wennberg's boss, Agency of Natural Resources Secretary Elizabeth McLain to reconsider the decision.

But in a letter dated Feb. 3, McClain passed on making any decision based on a reconsideration of the case. Instead, McLain informed the parties that she had instructed Wennberg "to give the parties one last, time limited, formal opportunity to present information (so that there will be a clear record if judicial review is sought), and following that opportunity to make the final determination for the agency."

McLain went on to explain that she could not easily determine whether the request for reconsideration includes new information, whether information had been ignored or not given the weight it deserves, or whether the parties are presenting the same arguments.

Wennberg initially ruled in Omya's favor, making a preliminary decision in September that no waste permit was required. However, when making his final decision in November, Wennberg cited state Health Department concerns about trace amounts of tall oil that could leach into groundwater. Tall oil is used as a flotation agent to separate the tailings from the calcium carbonate product.

Omya's case predates Wennberg's appointment as DEC commissioner. In hindsight, Wennberg said in an interview last week, that it would have been preferable to have a more formal proceeding.

"Because of the apparent high likelihood of an appeal ultimately to the courts, it seemed to make sense that we do this in a more procedurally rigorous way so that a record could be assembled that then could be taken by whoever the aggrieved party is, depending on the decision, for review in the courts," Wennberg said.

He said he expected that the upcoming hearings would not involve much in new arguments or information. But Wennberg said he did expect additional technical information on tall oil tests that were not available when he issued his decision in November.

McClain's decision pleased Omya Executive Vice President James Reddy.

"I think it's positive," Reddy said. "Now we'll have the opportunity to get a focused record based on science and facts."

"We think we have a good scientific record," he said. "We're confident and optimistic."

Omya has been disposing of ground marble waste at the site of an old quarry in Florence for years. But last year, the company sought to expand the site, which caught the attention of nearby residents.

Omya's opponents have argued that the proposed 32-acre waste storage facility posed a risk to groundwater because the calcium carbonate tailings from the plant contain trace amounts of chemicals. Opponents also raised concerns about dust, noise and airborne contaminants.

VCE executive director Annette Smith expressed frustration with the process. Smith said while the waste permit issue drags on, Omya continues to dump contaminated mineral waste at its Florence site near drinking water supplies.

"This indecision and abdication of responsibility by the secretary (McClain) allows Omya to maintain the status quo indefinitely," Smith said.

Company officials, however, maintained that the marble tailings posed no such health or environmental risk and that the no permit should be required because mining operations are exempt under state law.


Contact Bruce Edwards at bruce.edwards@rutlandherald.com.