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Lawsuit considered over Glatfelter odors

CHILLICOTHE, Ohio (From the Chillicothe Gazette) - Residents in Chillicothe have started receiving letters from a Columbus-based law firm that is considering bringing legal action against Glatfelter in connection with complaints of odors from the plant.

Meanwhile, the Ohio Environmental Protection Agency notified the company last month that compounds emitted during October and January equipment malfunctions were at levels that had the potential to create temporary health issues in some people.

The law firm says in the letter seeking residents interested in joining the possible class action lawsuit that odors "which interfere with the use of enjoyment of your home may constitute a nuisance that may entitle you to compensation." The letter does not address any specific incidents.

"Any litigation filed by our offices would also have the objective of preventing any future emission of noxious odors," according to the letter.

System problems resulted in a chemical discharge at the paper-making plant on Halloween, the smell of which was reported as far away as Columbus. An investigation by the Ohio EPA concluded the company failed to report the discharge to local or emergency management authorities within the threshold of public notification requirements.

In that situation, the company acknowledged there had been a failure in the venting system about 1:30 a.m. that was repaired by 7:45 a.m. and that a backup system did not activate properly. At the time, Glatfelter officials said they had notified the EPA of the situation, but an EPA spokeswoman said the company had not provided the necessary details with the notification.

The state agency also received several odor complaints naming the Glatfelter plant nearly two months ago. Mitzi Anderson, a spokeswoman for Glatfelter, said following that incident that the plant had not experienced any system upsets that would have caused unusual odors.

In its letter, the firm offers a free consultation and includes several questions about residents' experience with the facility.

Anderson said in a statement this week that plant officials are aware that "out-of-town and out-of-state law firms have sent unsolicited mailings to some of our neighbors, threatening legal action against us."

"We are not willing to comment on this speculative legal action," Anderson said. "Glatfelter is, and will continue to be, a good community partner. As one of the largest employers in Ross County, Glatfelter has had a positive influence on the local economy."

In a Feb. 4 letter from the Ohio EPA to Glatfelter, the agency stated it had received several odor- and health-based complaints from residents pointing at the paper mill as the source.

"Some of the complaints correspond to periods of time in which the facility reported malfunctions and released pollutants in greater amounts," the EPA letter says. "Many of the complainants describe health effects associated with the odors such as nausea and irritation of the eyes, throat and nose. The types of pollutants emitted by Glatfelter can cause health effects similar to those described by the complainants."

The state agency also said data provided by Glatfelter indicating the compounds emitted during the Oct. 31 and Jan. 7 and 8 malfunctions "exceeded health-based action levels and could potentially have endangered the health of the public." The EPA concluded the emissions from the facility were the source of the odors and found that Glatfelter "caused a public nuisance."

The EPA required Glatfelter to submit a plan to return to compliance within 30 days of receipt of the letter.


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