A lawsuit initiated by PIRGIM and citizens in Augusta and London Townships against London Aggregates for violating the Clean Water Act was settled in October. The settlement requires the polluting company to completely stop discharging pollution and pay a total of $695,000 for violations alleged in the lawsuit.

The citizen lawsuit was filed in August 1998, alleging the quarry company had repeatedly violated the law, sometimes discharging at levels four to five times more than the legal limit provided in its National Pollution Discharge Elimination System (NPDES) permit. As a result of the quarry operation, the company was pumping polluted water out of the quarry and into Palmer Drain, which flows into Stoney Creek and eventually into Lake Erie.

The pollution had killed nearly all life in Palmer Drain and impacted Stoney Creek enough to cause it to be put on a federal list of streams and lakes that don't meet clean water standards.

Stoney Creek and its headwaters of Paint Creek once supported a healthy fishery. Moreover, many local residents believe the excessive discharge had caused depletion of groundwater in the aquifer that supplies surrounding wells, causing those wells to go wholly or partially dry.

As part of the settlement, the polluting company is required to pay over $500,000 for projects designed to restore and preserve the natural environment around the area where the violations occurred. This includes $115,000 to the Nature Conservancy for the acquisition of land in the Nan Weston Preserve at Sharon Hollow (near Manchester and Ann Arbor) and $60,000 to help restore Stoney Creek and restock it with fish appropriate to the habitat.

While the victory is an important one for cleaning up Michigan's lakes and rivers, it underscores the need for stronger enforcement of the Clean Water Act by state officials. Citizens shouldn't need to step in and do the Department of Environmental Quality's job to stop companies from breaking environmental laws. Clearly, more resources and staff are needed to stop illegal polluters and reduce pollution.

Critical to this effort is charging permit fees for companies regulated under the Clean Water Act. Doing so will help provide the resources needed to enforce the law. In addition, fines against companies that break the law must be large enough to deter lawbreaking in the first place.

For more information, contact Brian Imus, PIRGIM, e-mail: Briani99@ aol.com or William Tobler, e-mail: williamtobler@critterswoods.org.