Gelman Stalls-Neighbors Suffer

In early 1986, groundwater contamination in Scio Township first surfaced as a public issue. The alleged polluter, Gelman Sciences (Gelman), is a manufacturer of medical filters located on Wagner Road. Gelman had since 1966 used large quantities 1,4-dioxane (dioxane), the contaminant detected in groundwater, in their production process.

In the 20 years that dioxane was a part of Gelman's waste stream, it was discharged into the environment by the following methods: disposal in a seepage lagoon, spray-irrigation onto Gelman's lawn, discharge through cracks in leaky storage tanks and hoses, and direct discharge via pipes into neighboring surface waters. Many of these forms of discharge and volumes of the waste stream were beyond what had been legally sanctioned by and reported to the Department of Natural Resources (DNR).

The result has been the contamination of neighboring lakes and wetlands, and groundwater. Dioxane has been detected in the groundwater as f ar away as one and a half miles from Gelman's plant, although the source has yet to be determined. Due to the contamination, over 50 residential and mercial wells have been rendered unusable. Up to 200,000 parts per billion (ppb) dioxane have been detected in nearby wells. The Michigan Department of Public Health claims that 2 ppb is the maximum acceptable level dioxane in drinking water.

In 1987 the DNR ranked Gelman number two on the Michigan Priority List of Environmental Contamination. (The guidelines for establishing this list of known and suspected sites of contamination in Michigan are spelled out in Act 307, the Michigan Environmental Response Act.) Thus, according to DNR scoring methods, Gelman was considered the second worst environmental hazard in Michigan in 1987.

Gelman denies responsibility for the contamination. However, as has been determined thus far. Gelman was, until 1986, the only industrial userof large quantities (up to 60,000 pounds per year) of dioxane in the immediate area. The DNR, the Washtenaw County Drain Commissioner, the Michigan Attorney General's office, and Keek Consulting (the company Gelman hired to study the hydrogeology of the area) all point confidently to Gelman as the source of the contamination.

The Legal Arena

The Gelman contamination issue has resulted in the filing of numerous lawsuits. In January 1988, Gelman filed suit against the DNR over their ranking on the Act 307 list. The suit, which challenged the DNR to provide evidence in court supporting Gelman's ranking, also asked $10,000 in damages and sought an injunction against publication of the 1988 Act 307 list. (The DNR subsequently published the 1988 list, in which Gelman received a number 11 ranking). Gelman's lawsuit claimed that without re-evaluation, the company "will suffer irreparable harm through loss of or damage to reputation or goodwill with customers, with the public and with its employees . . . and exposure to liability through public and private claims" (Ann Arbor News, Jan. 26, 1988).

The following month the DNR, represented by Michigan  Attorney General Frank J. Kelley, brought suit against Gelman for "refus(ing) to enter into an enforceable commitment to comprehensively investigate, abate, and remedy the environmental  contamination at and emanating from (see GELMAN, page 11)

GELMAN (from page 1)

its site" (Kelley et al v. Gelman). The lawsuit further stated, "Gelman's releases of toxic chemicals, including, but not limited to, 1,4-dioxane, have polluted, impaired, or destroyed the State's resources, including groundwaters, surface waters, and soils." The DNR is seeking a court-ordered cleanup program, in addition to damages, fines, and penalties.

A second lawsuit was filed against Gelman last August. The plaintiffs in this case are sixteen families from Westover subdivision in Scio Township, all of whom are unable to use their wells due to dioxane contamination. They are seeking compensation for: loss of normal use and enjoyment of their homes; impairment of health; annoyance, inconvenience, and discomfort, including mental stress and anguish; damage to personal property; diminution in value of real estate; costs related to the 1986 annexation into the City of Ann Arbor and future costs of city sewer line hook-ups; and expenses of litigation. They are also asking Gelman to pay for long-term medical surveillance.

Recent Developments

On Oct. 19, 1988, Gelman scored a partial victory when the court ordered the DNR to "promulgate rules necessary for Act 307, specifically to promulgate... the procedures for changing the numerical ranking system." On Feb. 10, 1989 the DNR filed emergency (or temporary) rules pertinent to their site assessment system. Specifically, the rules included procedures for scoring sites, developing the site list, cleanup funding recommendations, and providing notice to responsible parties. Permanent rules, which must be discussed in five public hearings before approval, were posed by the DNR on Feb. 28.

Currently, both Gelman and the DNR are engaged in the process of pretrial discovery. Both lawsuits have trial dates set for later this year: Gelman v. DNR on Aug. 21 and the State of Michigan v. Gelman on Nov. 27.  According to Sally Churchill of the Michigan Attorney General's office. Gelman has not, to date, offered a serious proposal for cleanup.

The trial of the Westover residents v. Gelman will not begin until May 14, 1990. The case is currently in the stages of pretrial discovery and claimants are filing depositions.

While the case remains tied up in the courts, the contamination remains a very real problem for those who live in the vicinity of Gelman Sciences. In January of this year, due to the extensión of Ann Arbor water lines to those with contaminated wells, Scio Township was annex ed to the City of Ann Arbor. This resulted in an increase of property taxes for former Scio residents of approximately 40% . These residents also now must pay for Ann Arbor water. Perhaps the largest expense, however, will come this spring when 15 Westover households will be connected to the Ann Arbor se wage system. (This is another result of the annexation.) It will cost $3,000 per household to cover the cost of the line and $1,500 - $2,000 per household to connect the line to the house. This represents a total cost of $4,500 - $5,000 per household. Whereas Gelman did pay the original cost of extending the Ann Arbor water supply to Scio Township, the company is not covering any other costs.

Gelman Sciences recently announced plans to move a portion of its operation (that which produced the chemicals resulting in groundwater contamination) to Pensacola, Florida. And to date, no significant cleanup of the Scio Township site has taken place.