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FOR IMMEDIATE RELEASE October 3, 2001
Conservation Law group notifies General Alum & Chemical Corp of "intent to sue" for polluting Penobscot Bay.
Contact Penobscot Bay Watch (207) 594-5717
SEARSPORT. The Conservation Law Foundation has today filed a formal notice of intent to sue the General Alum and Chemical Corp for chronically violating federal pollution laws.
Area conservationists say the company has a long history of spilling chemicals into Penobscot Bay.
" This letter provides you notice of the intent of the Conservation Law Foundation, on behalf of its members, to bring suit under section 505(a)(1) of the Federal Clean Water Act (CWA or Act), 33 U.S.C. 1365(a), against General Alum and Chemical Corporation of New England (GAC) for volating the Act....CLF intends to sue GAC for all of the described violations occurring prior to the date of this letter, and for every day that GAC continues to discharge without a permit and/or in violation of its NPDES permits and other CWA [Clean Water Act] requirements subsequent to the date of this letter." For a copy of the letter , contact attorney Roger Fleming of Conservation Law Foundation at (207) 594-8107.
From unauthorized and unlicensed outfall discharges, to decades of dumping acid-charged bauxite tailings into what were once some of the
richest clamflats in Maine....
Located in Searsport on the shore of Stockton Harbor in upper Penobscot Bay, the GAC Corporation (formerly known as General Alum & Chemical Corporation of New England) manufactures ammonium sulfate and aluminum sulfate for the paper industry and for municipal sewage treatment plants around Maine.
While the Maine Department of Environmental Protection has occasionally levied fines on the company, the illegal discharges have continued, and the decades-long erosion of bauxite tailing dumped on the shore of Kidder Point in the 1960's and 1970's continue to slump toxic materials into what was once Penobscot Bay's best clamflats in Stockton Harbor.
In addition to suing GAC for its past and ongoing violations of the federal Clean Water Act, the Conservation Law Foundation informed the company in its letter that it
"intends to seek injunctive relief to prevent GAC from discharging process wastewater and storm water except in complaince with its NPDES wastewater permit, its storm water permit, and all other CWA requirements."
Attorney Fleming noted that the company's spill containment protocols continue to be insufficient. On April 19th and 20th, he noted, the company spilled 800 gallon sulfuric acid into Penobscot Bay. "If they had taken their spill prevention measures seriously, that would not have happened." he said.
Fleming said that CLF's examination of pollution concerns at the General Alum site followed a 1998 investigation by area watchdog group Penobscot Bay Watch that led to the company having to remove thousands of gallons of oily wastes from a crumbling catchbasin perched a few feet away from Penobscot Bay.
"We are very pleased that the Conservation Law Foundation has taken this step." said Ron Huber, executive director of Penobscot Bay Watch. "Forcing General Alum Corp to clean up its act will do wonders for bringing back both Stockton Harbor's shellfish and upper Penobscot Bay's vitality as a major groundfish nursery on the Maine coast."
Earlier this year scientists, fishermen, conservationists and state officials met at the Penobscot Marine Museum to discuss restoring tidal flow between Stockton Harbor and neighboring Long Cove by breaching the causeway between Sears Island and the mainland.
Participants at that meeting included Maine DOT's Brian Nutter, Penobscot Bay Watch Ron Huber, marine circulation scientist Huijie Xue, Conservation Law Foundation Attorney Peter Shelley, and retired fisherman Herbert Hoche ( marine worm harvester Tom Atherton was unable to attend).
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EMAIL penbay@justice.com
