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State escalates enforcement against DPI for smell violation

News File Photo The Decorative Panels International Alpena plant appears in this News File Photo.

ALPENA — Decorative Panels International could face legal action by the Michigan Attorney General’s Office if it fails to fix a smell problem state officials say still lingers at the Alpena plant.

In a letter emailed Tuesday morning to some Alpena residents, the Michigan Department of Environment, Great Lakes, and Energy Air Quality Division said DPI needs to better explain how it will avoid creating offensive odors.

Resident complaints about disruptive odors from DPI sparked an EGLE investigation that led to an air quality citation against the company last month.

On Thursday, EGLE issued a second violation notice, saying that DPI had failed to identify an acceptable plan to permanently eliminate odors inspectors called “overpowering and intolerable.”

Scroll down to view EGLE’s second violation notice, sent to DPI Sept. 15. Story continues below the document.

DPI officials said those smells came from its wastewater lagoons.

DPI Second Violation Notice Sept 15 by Julie Riddle on Scribd

In a further step, EGLE sent DPI an escalated enforcement notice on Monday.

If the company fails to explain how it will address the violations, it could face further enforcement proceedings, possibly including referral to the AG’s office for civil litigation, the enforcement notice warned.

An enforcement action typically results in a legally binding agreement which includes a monetary penalty, according to the letter, sent to residents who provided their email to the state when lodging a complaint about DPI this summer.

The letter acknowledged that DPI has made improvements to better manage their wastewater lagoons. State officials believe those efforts will help reduce odors, Monday’s letter said.

DPI officials have until Sept. 29 to submit a second written corrective response and until Oct. 3 to reply to the enforcement notice.

“DPI has received the EGLE notice and will be addressing it within the allowed response period,” Daryl S. Clendenen, general manager for DPI at the company’s Toledo headquarters, said in an email.

Scroll down to view EGLE’s enforcement notice, sent to DPI Sept. 19. Story continues below the document.

DPI Enforcement Notice Sept 19 by Julie Riddle on Scribd

Clendenen said he could not share further comment because of pending litigation.

In early August, the state gave DPI two weeks to explain what caused the smells inspectors labeled as “distinct and definite objectionable odor.”

DPI officials said in their response that the company had diminished or eradicated smells by cycling river water through their lagoons and adding aeration.

The company asked the state for copies of any complaints from residents, saying such information would help with its future investigation regarding any reported smells.

In a followup letter, DPI reported that an odor expert it had hired said the lagoons were working properly and no longer created problematic odors.

DPI failed to share enough about what that expert discovered and did not provide “an acceptable corrective action plan to resolve the cited violations and to avoid future odor issues,” last week’s second violation notice said.

In its Tuesday email, EGLE said it continues to conduct investigations in the Alpena area when it receives odor complaints.

Residents experiencing odors or with other air quality-related concerns can call 800-292-4706 or use the air quality complaint link at michigan.gov/egle/contact.

Julie Riddle can be reached at 989-358-5693, jriddle@thealpenanews.com or on Twitter @jriddleX.

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