Rutland Herald

Environmental group appeals OMYA discharge permit appealed

November 5, 2001
By BRUCE EDWARDS Herald Staff

An environmental group has appealed the renewal of a wastewater discharge permit for OMYA Inc.

The five-year permit was recently issued by the state Wastewater Management Division for OMYA's Florence calcium carbonate plant. But Danby-based Vermonters for a Clean Environment appealed the permit renewal, arguing that it left out a key condition that was contained in the draft permit.

The draft permit required OMYA to contact the Wastewater Management Division "for review and approval" prior to using new biocides or chemicals, said Annette Smith, executive director of Vermonters for a Clean Environment.

Biocides, which are considered a pesticide, are added by OMYA to kill bacteria that may form in its slurry product.

The product is used in the paper, paint, plastics, chemical and food industries as a filler or extender.

Smith said the permit does not require review and approval but only requires OMYA to notify the state prior to using new or "materially different" biocides or chemicals. Given the fact that OMYA is the largest user of pesticides in the state and has a record of spills at the plant, Smith said the state has an obligation to protect people.

"What's the point of having a permit if the state has no responsibility," said Smith, who has led the fight against a proposed OMYA marble quarry in Danby.

The permit issue was raised during a visit by Smith to OMYA's plant in August. During the visit, Smith said she agreed with OMYA and state officials that obtaining approval each time the company uses a new biocide on a trial basis could be a burden for both OMYA and the state. Smith said she suggested the trial use of new biocides or chemicals should be dealt with under a separate provision of the permit.

"It seems that in the process of making that change they deleted the most important thing in the permit, which is when OMYA does use a new biocide that the state has to review and approve it," she said.

OMYA Executive Vice President James Reddy said he was disappointed with the group's appeal.

"We think it's a good and fair permit and there are proper controls the state has over us," Reddy said.

He said the company is constantly testing new biocides and chemicals in very small quantities and that it doesn't make sense for the state to have to review and approve each one.

He said it was his understanding that the conditions contained in the permit are "the way all other companies in the state are treated."

Brian Kooiker, chief of the state's direct discharge permit section, declined comment.

"I'm not going to get into the details because it's under appeal," Kooiker said.

The Water Resources Board will hear VCE's appeal. No hearing date has been set.