Rutland Herald

VCE defends permit appeal

February 18, 2002
By BRUCE EDWARDS Herald Staff

A Danby-based environmental group is defending, what it says, is its right to challenge a water discharge permit issued to OMYA Inc.

Vermonters for a Clean Environment says it has the right to appeal under state law and regulations based on its "corporate mission" to protect the environment. Through its lawyer, David Grayck of Montpelier, VCE also argued in a memorandum filed with the state Water Resources Board last month that it represents supporters who have a direct interest in OMYA's discharge permit.

VCE took the action in response to the calcium carbonate company's motion seeking to have the group's appeal of its water discharge permit dismissed.

In its motion, OMYA argued that VCE failed to show that the group, or its members, have an interest in the discharge from the Florence plant into nearby waters or what injury VCE or its members might suffer.

VCE filed its appeal when a key condition was omitted when the permit was issued in September.

The draft permit required OMYA to obtain state approval prior to using new biocides or chemicals in the treatment of its calcium carbonate product. However, VCE said that when the permit was issued that condition was dropped. Instead, the permit only requires the company to notify the state prior to using new additives.

In responding to the company's motion to dismiss, VCE said that part of its purpose as a nonprofit corporation is to provide information, technical support and community outreach so Vermonters can make "informed decisions regarding the environment and economy."

VCE argues that there is a clear linkage recognized in Vermont between "a clean environment and a successful economy."

VCE's further argued that OMYA's use of biocides have the potential to pollute the Otter Creek and Smith's Pond.

"The permit and discharge will impede VCE's mission to encourage economic development that has minimal environmental impacts and which preserves Vermont's natural beauty," VCE stated in its filing.

The memorandum in support of its right to appeal also took the state Department of Environmental Conservation to task for allegedly failing to protect Otter Creek and Smith Pond by giving OMYA, what the group says, is "carte blanche over its usage of biocides and chemicals."

VCE then went on to list 21 incidents of non-compliance with its discharge permit during a 13-year period from December 1988 through February 2001. The incidents include spills, emission failures and failure to keep proper records. In addition, VCE cited OMYA's alleged failure to file reports with the DEC in a timely manner.

Brian Kooiker, section chief with the DEC's direct discharge section, declined to respond to VCE's allegations saying the agency would file a response at the proper time with the Water Resources Board.

OMYA Industries President Jim Reddy could not be reached for comment.

In defending its interest to represent its supporters, VCE cited three individuals who live in the vicinity of Otter Creek and Smith Pond who have concerns about the safety of the drinking water, and the effect biocides could have on fishing and wildlife.

Founded by Annette Smith, VCE has been embroiled in a fight to stop OMYA from building a quarry in Danby.

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