Scio Residents for Safe Water SRSW

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Dispute Resolution Court Hearing January 11, 2012

The twice postponed court hearing to address Pall Life Sciences' dispute resolution regarding the Western Area Monitoring Plan is now scheduled for 1:30pm, Wednesday, January 11, 2012, in the Honorable Donald E. Shelton's courtroom, Washtenaw District Court, second floor, 101 E. Huron Street, Ann Arbor, Michigan.

To deal with the mass of 1,4-dioxane left in the "Western Area" (formally the Core, Southwest, Marshy, Western, and other areas west of Wagner Road), the DEQ approved a monitoring area around the current plumes at which any dioxane levels above 85 ppb would trigger more compliance actions.

 

Pall Life Sciences (PLS) wants a more expansive area and invoked the Dispute Resolution clause in the Consent Judgment to let Judge Shelton decide the matter. 

 

As has been the case since 1999, the judge will likely see the two maps above in paper format (without their representation on Google Earth). He will not see these 3D depictions of the dioxane plumes superimposed on the monitoring area maps, thus showing the magnitude of the contamination.

From Western Monitoring Plan

The DEQ has not seen fit to give the judge the benefit of visualizing the site in 3D using Google Earth.

Too bad.

More information about the Western Monitoring Plan is available at http://www.michigan.gov/documents/deq/deq-rrd-GS-DAGDEQNovember-201... and http://www.michigan.gov/documents/deq/deq-rrd-GS-DEQMay2011WesternA...

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Tags: 2011, 2012, Gelman, Pall, cleanup, dioxane, groundwater, maps, monitoring, pollution, More…western

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Comment by wguru on February 8, 2012 at 9:24am

Judge Shelton ruled for Pall at the hearing "without prejudice" ... which means that the DEQ could still rejoin the issue with better supporting documentation.  But in the meantime, Pall/Gelman will not have to install more monitoring wells at the proper depths closer to the existing plumes at the core area to determine if the contamination is spreading above the current 85ppb limit.

The Assistant AG representing the DEQ was, once more, ill prepared to argue the DEQ's case to protect the Waters of the State.

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