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Management Side
Seattle law firm solicits odor complaints against Port Townsend Paper

PORT TOWNSEND, Washington (From the Port Townsend Leader) -- A Seattle law firm has mailed "advertisements" to Port Townsend residents soliciting people willing to participate in a possible class-action lawsuit against alleged "noxious odors" emitted at Port Townsend Paper Corp.

The paper mill is not in violation of state Department of Ecology rules, an Ecology spokesperson said Monday. PT Paper continues to invest millions of dollars into environmental systems, company officials noted.

Most of the odor associated with the mill stems from the facility's pond.

In a letter dated June 16 and labeled on the envelope and letter itself as an "Advertisement," Terrell Marshall Law Group PLLC suggests there could be grounds for legal action.

"We are currently investigating the possibility of filing litigation against the Port Townsend Paper Mill regarding the emission of noxious odors into your community," according to the letter, received in Port Townsend June 17. "As you may know, the government has received hundreds of complaints regarding these odors. If you have already retained a lawyer for this matter, please disregard this letter."

The letter continues, "Odors which interfere with the use and enjoyment of your home may constitute a nuisance that may entitle you to compensation. Any litigation filed by this office would be filed as a potential class action, with the objective of recovering compensation and preventing any future emission of noxious odors."

The letter closes with the statement, "Together, we can strive to make a positive change in your community by seeking justice for your family and neighbors."

Terrell Marshall Law Group PLCC describes itself as a Seattle law firm with extensive class action litigation and trial experience. Adrienne D. McEntee, the person who signed the law firm's letter to Port Townsend residents, is the only person able to comment on the issue, and she is out of the office this week, the Leader was told.

Andrew Wineke, state Department of Ecology communications manager, confirmed June 20 that the mill is not in violation for odors.

In 2015, Ecology received 445 odor complaints related to the mill, he said, compared to 567 complaints in 2014 and 340 in 2013. When Ecology gets an odor complaint, staff investigates the mill's operating conditions at the time and also looks at the meteorological conditions, Wineke said, to help understand whether there was a specific cause that could be addressed.

"Air regulations require facilities to minimize odors. As part of the company's wastewater permit update, Ecology required the mill to conduct an odor study, which should be completed in October 2017. We'll review the findings and could include recommendations from the study in the mill's wastewater permit or direct them to make changes," Wineke said in an email. "After we asked for the study, the mill installed the oxygen system at the wastewater treatment pond. They thought it was a positive step and we agree with that."

The paper mill in Port Townsend has been the largest private employer in Jefferson County since 1928. In 2015, the mill producing containerboard, Kraft paper and pulp was purchased by Crown Paper Group, Inc., an entity which now owns eight facilities on the West Coast and in western Canada.

The new ownership in spring of 2015 said they expected to spend $40 million or more in two years to strengthen and improve the mill.

Mill officials on June 20 had a copy of the Seattle law firm's solicitation of mill odor complaints, but had not direct contact.

"As we communicated at the time of the acquisition, Crown Paper Group takes seriously its obligations as an environmental steward and partner with the Port Townsend community, and we have taken numerous actions and invested millions of dollars over the past 18 months to reduce odor and emissions and allow for the consumption of less fossil fuels," Felix Vicino, PT Paper human resources manager, told the Leader June 20. "The company would vigorously defend any litigation arising out of this solicitation."

The mill's National Pollutant Discharge Elimination System (NPDES) permit had expired in 2009 and was rewritten by Ecology to address how the mill operates the 33-acre pond, technically called an aerated stabilization basin (ASB) that treats 12 million gallons of water a day. The pond holds and treats about 60 million gallons of water before it is discharged into Port Townsend Bay.

A new five-year permit was issued in 2013, and includes a study of how odor wafting off the pond can be reduced.

In 2013 the mill began a project that infuses liquid oxygen into effluent that has the most sulfur compounds to offset the telltale smell of sulfur.

Last month, the Leader asked Vicino if there were plans for more dredging at the pond.

"Our initial project to dredge a portion of the aerated stabilization basin was completed last fall, and we have also made significant improvements in the operation of the pond itself, as well as changes in the mill process that actually reduce the amount of waste going into the pond to be treated, all of which have contributed to significantly reducing odor from the pond," Vicino said in an email. "This is consistent with our proactive approach to managing environmental matters that we outlined at the time the new owners acquired the mill."

Also last month, in response to a Leader query, Crown Paper Group CEO Steve Klinger said the company's commitment to environmental stewardship is strong and proactive.

"To reduce odor, we dredged an initial portion of the aerated stabilization basin, reduced the amount of waste to be treated in the basin, and improved basin operations," Klinger said in an email.

"We installed pollution control equipment on our main power boiler to ensure our compliance with new Environmental Protection Agency rules. The equipment has exceeded our expectations for reducing air emissions.

"We are scheduled to bring our energy conversion project on line this summer, which will replace re-purposed fuel oil burning with cleaner compressed natural gas burning and thereby further improve the carbon footprint of the mill," Klinger said.


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