UPDATE: Local Michigan company responds to lawsuit claiming it polluted waterways with forever chemicals
UPDATE: On Monday, Nov. 4, the Ox Paperboard company released a statement in response to the lawsuit in which they claim they are in the process of cleaning up the mistakes of previous owners.
Full statement from Ox Paperboard:
"Since 2020 Ox Industries has submitted multiple closure plans to EGLE all of which have been rejected. The latest proposal being a retesting and assessment of the site and then disposing of the contaminated soil in a qualified landfill. This plan was rejected, and no support has been given by EGLE or state officials as to a path that would satisfy them.
The last site assessment was done by the previous owners of the site in 2020. Since that time and under Ox ownership, Ox has separated the old settlement ponds and lagoon from the paper making process and has a closed loop water system with a zero discharge to public waterways posing no danger to the local community and it’s employees.
All old settlement ponds are empty and have not been in use at Ox. Ox Industries purchased the closed paper mill in the summer of 2020 and saved 75 jobs and invested in the community to bring the paper mill back into operation. We stand behind our great team in White Pigeon and the community.
Ox is a green company that makes 100 percent recycled paper products and is a steward of the environment and communities in which we operate. We are eager to find a solution that meets EGLE and the state of Michigan’s requirements to clean up the site. We feel that the AG’s suit reads more like a political flyer than trying to help solve the problem which could put good paying jobs at risk."
ORIGINAL: ST. JOSEPH COUNTY, Mich. -- The Michigan Attorney General filed a lawsuit this week against the Ox Paperboard company that operates the White Pigeon Mill in St. Joseph County.
"Michigan Attorney General Dana Nessel continued her push to hold companies that make and use per- and polyfluoroalkyl substances (PFAS) accountable for PFAS contamination in Michigan’s environment by filing a new lawsuit against a paper company with repeated discharges of PFAS-contaminated wastewater (PDF) into the White Pigeon River and the surrounding environment," the Attorney General's office said.
PFAs are often referred to as 'forever chemicals' because of their resistance to heat, water, and grease which allows them to stay in water and dirt much longer than average chemicals.
The lawsuit was filed in Ingham County Circuit Court on behalf of the People of the State, the Michigan Department of Environment, and Great Lakes, and Energy (EGLE) against Ox Paperboard WP, LLC and White Pigeon Mills, LLC for their non-compliance with Michigan’s environmental laws.
"Since Ox Paperboard began operating the White Pigeon Mill in St. Joseph County in June 2020, EGLE has issued the paper company seven violation notices for improperly discharging PFAS-contaminated wastewater," the Attorney General's office said. "Despite the repeated violation notices, the lawsuit alleges Ox Paperboard has continued to violate Michigan’s statutes prohibiting harmful discharges into waters of the State and has further failed to properly close wastewater lagoons on the mill property."
The team at White Pigeon Paperboard Mill getting ready to start up the line in 2020.
The lawsuit also claims that Ox Paperboard failed to properly close the wastewater lagoons and end Ox Paperboard’s unauthorized discharges into state waters.
The plaintiffs are seeking civil fines, costs, and damages associated with the violations and the expense to the state to enforce the law.
“As Attorney General, I have prioritized protecting Michigan’s environment and holding polluters accountable,” said Michigan AG Dana Nessel.
“When companies operating in Michigan fail to respect our laws and our communities, our department will not hesitate to use its full authority under the law to defend our public health and our natural resources. It is unacceptable for companies like Ox Paperboard to pollute Michigan’s precious water and put the health and safety of Michigan families at risk.”
According to state officials, the lawsuit follows the Attorney General's PFAS-specific lawsuits against multiple PFAS manufacturers, separate lawsuits against manufacturers of PFAS-containing firefighting foam, a lawsuit, now settled, against Asahi Kasei Plastics North America in Livingston County, a lawsuit against Domtar Industries, Inc. pending in St. Clair County, and a lawsuit related to former Keeler Brass facilities currently pending in Kent County Circuit Court.
“Every resident across the State deserves clean air, safe water, and a healthy community, including being protected against toxic contaminants like PFAS,” said Phil Roos, Director of the Department of Environment, Great Lakes, and Energy. “We are committed to enforcing Michigan’s statutes prohibiting harmful PFAS discharges into waters of the State and EGLE is committed to stopping these discharges and holding this company accountable.”