Kolke Creek (Au Sable headwaters, MI) judges decision

This is from the last page of the judge's 20 page decision -

Order: 1-31-08, 46th Circuit Trial Judge, Hon. Dennis F. Murphy

Accordingly, it is ordered that the decision of the Administrative Law Judge to uphold the Certificate of Coverage is reversed: and the COC issued to Merit under the General Permit is vacated for three independent reasons: 1) the COC is illegal on the face of the General Permit because the COC allows the discharge of treated effluent to contain pollutants other than those that can be properly and plainly considered gasoline and/or related petroleum products; and/or 2) The MDEQ approval of Merit's COC is illegal on the face of the General Permit because the COC allows Merit to discharge effluent containing the pollutant chloride, and the General Permit limits discharge to treated groundwater that contains only gasonline and/or petroleum related procuts; and/or 3) The MDEQ approval of Merit's COC is illegal on the face of the General Permit becuase the proposed discharge and the proposed volume of discharge is likely to violate MEPA.

Just ran across this article in the Traverse City paper -

http://www.record-eagle.com/local/lo...033094547.html

Good news. Congratulations once again to the Anglers of the Au Sable.

Congrats Bruce, to you, and Rusty and the rest of the gang. Fine job.

I still think you should get MDEQ to press for Failure Mode Analysis techniques in future solutions. It will work. And will save all a lot of time and money. GM uses these procedures and they were the only domestic company to post sales increases last quarter. Due, in part, to using these techniques.

Bob Bolton

Congrats on a great job. Keep up the great work.

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