OMYA fights VCE appeal

Rutland Herald
Business Monday
December 24, 2001

By Bruce Edwards, Herald Staff

OMYA Inc. has asked the Water Resources Board to dismiss an appeal of a water discharge permit issued for its Florence calcium carbonate plant.

In its 13-page motion, OMYA said the board should dismiss the appeal made by Vermonters for a Clean Environment because the group's petition is "inadequate and insufficient" to qualify for party status.

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

"In other words, VCE has failed to demonstrate any relationship between its alleged interests and the discharge," OMYA stated in its motion that was filed this month.

The motion to dismiss went on to argue that VCE has no members in Florence and that VCE's interests or that of its members are not "any different from those of the public at large."

"...VCE has failed to allege that any of its members actually own property adjacent to, or even in the vicinity of, the affected streams. Nor has VCE alleged any of its members make actual use of the affected streams."

VCE appealed on the grounds that a key condition contained in the draft permit was omitted when the permit renewal was issued in September.

The draft condition required OMYA to receive state approval prior to using new biocides or chemicals. However, the permit that was issued only requires the company to notify the state prior to using such additives.

Biocides are added to OMYA's slurry product to kill bacteria and prevent mold.

Based in Danby, Vermonters for a Clean Environment was formed several years ago by Annette Smith to fight a proposed natural gas pipeline in southern Vermont. Since then the group has turned its attention on stopping OMYA's proposed Danby marble quarry.

Smith, VCE's executive director, took issue with the arguments contained in OMYA's motion.

Because VCE is not a membership organization, Smith said it has no members but supporters, and those supporters have an interest in the conditions contained in the discharge permit.

"We have supporters in Florence and we'll be having a number of them submitting affidavits," she said.

On a broader scale, Smith said that VCE's "corporate mission is to promote a clean environment and a clean economy" in the state.

Contact Bruce Edwards at bruce.edwards@rutlandherald.com