Dr. John Richter (left), president of Friends of the Jordan River and Richard Steel (right), Star Township supervisor say they will appeal the Feb. 7 decision of the MDEQ and the EPA. Photo by B.J. Hetler

ANTRIM COUNTY - Permits were issued on Feb. 7 to drill an underground well and transport the contamination at Bay Harbor to Alba in Star Township. Friends of the Jordan River and Star Township will appeal the permits.

CMS Energy is a former partner in the development of Bay Harbor resort and the company is responsible for solving the problem of contamination. But neither CMS nor the government will consider the solution put forth by the Friends of the Jordan River, an environmental group based in East Jordan, and by Star Township.

The solution is to encapsulate the kiln dust piles so that no water reaches them, said FOJR president Dr. John Richter. Contamination occurs when water mixes with the kiln dust and forms leachate. The leachate has a pH of 12 or more and that is equivalent to bleach. Many residents of Star Township and members of FOJR likely agree with the sentiments expressed by a citizen when he heard that permits were issued to allow an injection well nearby.

"I think they should keep their junk in their own yard,"said James Avery, who lives about a mile from the site where drilling is planned soon for a 2,150-foot deep injection well.

Richard Steel, supervisor of Star Township, said he has heard from residents who are upset and disappointed about the decision by the Michigan Department of Environmental Quality and the federal Environmental Protection Agency to issue the permits. Many of them had voiced opposition to the agencies at a public hearing in Alba in June 2007.

"We feel that the DEQ and the EPA have not acted in the best interests of northwest Michigan and have failed to protect our environment,"Steel said.

FOJR agrees and have worked with Star Township to convince the government that it is the wrong method for disposing of the contamination.

Richter said the decision to issue the permits was expected and the group and the township are ready to take action.

"We'll work with Star Township for a court injunction. That's the first step,"Richter said on Friday, Feb. 8.

If successful in obtaining a court order to prevent the commencement of drilling, the FOJR and the township will demonstrate risk and potential harm to people and the environment if the underground well should leak.

"We will also research the appeals process through the MDEQ, and hold our own public meeting about the risks, why this is a bad decision and what can be done to stop it,"Richter said.

Bay Harbor resort was built on the site of a former cement plant that operated from 1870 to 1980. When the plant was closed and dismantled, 2.5 million cubic yards of cement kiln dust remained on the land, according to a CMS website known as the Little Traverse Bay Environmental Project. The cement kiln dust is highly alkaline and includes traces of heavy metals.

"If there were leakage from the well it would affect a large area, possibly from above Petoskey down to Kalkaska and from Grand Traverse Bay to Johannesburg in Otsego county,"Steel said.

In fact, along with Antrim County, Charlevoix, Emmet, Crawford, Kalkaska and Otsego counties are on record as opposed to the transporting and dumping of the leachate into an underground well in Star Township.

But the MDEQ and the EPA say in the decision to issue permits that all existing environmental standards are met, and that the water is required to be treated prior to disposal to reduce its alkalinity and concentrations of metals to below hazardous waste levels.

CMS Energy owns the land at the site near Alba. The site was selected because "the treated groundwater will be in a limestone formation"and "the formation is overlain by several layers of impervious rock,"said DEQ director Steven Chester in a Feb. 7 prepared statement. The MDEQ states that the site meets environmental safety standards.

But, the site's safety has been disputed by several experts, including geologist Jim McClurg, Professor Emeritus at the University of Wyoming, as well as scientists from the University of Michigan, according to Richter.

Supervisor Steel says the stakes are too high.

"If something goes wrong, there is no way to correct it. It could devastate agriculture, tourism and drinking water,"Steel said, and added that wells have leaked before, naming the city of Romulus.

The government states that CMS Energy is currently evaluating long-term options for disposal, but intends on using the Alba well in the near-term. The term of the issued permits is 20 years.

B. J. Hetler may be contacted at 231-622-2645 or citizen@voyager.net.