Glatfelter stands by record in lawsuit response

CHILLICOTHE – In a statement to the Chillicothe Gazette issued early Wednesday afternoon, Glatfelter stood by its environmental record and said company officials are still reviewing the contents of a $5 million class action lawsuit filed Monday in connection with emissions from the Chillicothe paper mill.

The lawsuit was brought by South Hickory Street resident Teresa Ford, Ervin Avenue resident Jack Leach and Patton Hill Road resident Rhonda Leeson, representing the larger class which the suit said may consist of "hundreds, if not thousands" of individuals.

It claims the paper mill releases noxious odors and air particulates that result in damage to property, create a nuisance and deprive residents of enjoyment of their property, and that the company is not doing enough to prevent it.

In the lawsuit, the Columbus firm of Kitrick, Lewis & Harris Co., Columbus attorney Robert J. Wagoner and Detroit firm Liddle & Dubin P.C. are listed as attorneys of record. In addition to the compensatory damages, the suit seeks attorney fees and costs and an order that determines that the odors and air particulates constitute a nuisance.

PREVIOUSLY: Glatfelter faces $5 million lawsuit over emissions

In its statement released by company spokesperson Mitzi Anderson, Glatfelter says company management was just made aware of the filing and the claims it contains, and will need more time to review the lawsuit.

"We have owned this facility since 2006 and are very proud of the 1,200 Glatfelter people who are dedicated to successfully operating the mill and enable us to fulfill our environmental responsibilities," the statement reads. "Glatfelter is unwavering in our commitment to the Chillicothe community and to protecting our workers, residents and the environment. We continue to work closely with Ohio EPA and are committed to ongoing open communication with our neighbors."

The company says for the last several years it has been examining options in preparing for U.S. Clean Air Act requirements that focus on a reduction in boiler emissions and began spending the capital for those improvements around the beginning of this year, months before letters went out to community members from the law firm seeking participants in what was then a potential lawsuit.

"As part of this ongoing initiative, Glatfelter is investing approximately $31 million in the Chillicothe mill over the next year and a half to convert two coal-fired boilers to natural gas boilers and to upgrade the air pollution control system on the wood-fired boiler," a separate statement from the company states.

A permit-to-install application for the work is on file with the Ohio EPA. The company said the upgrades will reduce emissions and allow the company to "further enhance energy efficiency and environmental performance."

According to Ohio EPA records, the most recent Glatfelter emissions compliance test on file of the existing plant technology came from a particulate emission testing of wood residue boiler No. 6 conducted by Precision Emission Inc. on March 16. The EPA received the test results on April 8, reviewed them and let the company know the outcome of the test in a May 20 letter. The test showed the boiler's emissions coming in below Ohio EPA regulations and in compliance with the facility's permit terms and conditions. That followed a notice of violation on the same boiler sent to Glatfelter on Sept. 11 in connection with emissions being in compliance for burning wood residue but out of compliance when burning with tire-derived fuel.

A search for other notices of violation from the Ohio EPA going back over the past two years turned up only a couple of other entries. The most notable was sent to the company Feb. 4 in which the agency was critical of the amount of time in took the company to report equipment malfunctions from incidents in October and December and in which it stated that the October situation and one in January involved emissions above acceptable levels that, under terms of the Ohio Administrative Code, qualify as a public nuisance.

The only other entry from the past two years to come up in a search for notices of violation is a copy of a company wastewater treatment plant inspection dated May 2014 in which the inspector found "no apparent violations."

Glatfelter is not the only Ohio company involved in recent years with a lawsuit regarding foul odors and nuisance claims. Enviro-Tank Clean Inc. has been dealing with a suit brought in 2012 by the City of Wooster in northeast Ohio that came about after residents near an industrial waste treatment plant complained about a foul stench from the facility. The trial court granted a summary judgment for the company, saying the city did not have the right to bring such a suit, but that decision was later reversed by the Ninth District Court of Appeals.

In the meantime, residents launched a class action lawsuit of their own. One of the representatives of the plaintiffs was the Michigan-based firm of Macuga, Liddle & Dubin, which specializes in air pollution cases. An attorney from what is identified in court documents as Liddle & Dubin is listed among the attorneys of record in the case against Glatfelter.

In the Wooster case, a settlement in the class action case was announced to members of the class in early May. In lieu of payments to individual members of the class, the agreement requires Enviro-Tank to implement improvements that will reduce emissions of pollutants, air contaminants and noxious odors. Attorney fees were also not to exceed $50,000 and would be paid by the company.

cbalusik@nncogannett.com

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Twitter: @Chris_Balusik