Michigan AG Nessel Announces Cleanup Order for Lockhart Chemical for Flint River Spills

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  • Following a multi-year investigation, Michigan AG Dana Nessel announced the issuance of an order to Lockhart Chemical Company in Flint, Michigan, from the Michigan Department of Environment, Great Lakes and Energy (EGLE) requiring Lockhart to stop the use of defective wastewater and stormwater systems, begin repairs of the system, and begin pumping the facility’s wastewater and stormwater for onsite disposal.
  • Lockhart, owner and operator of a manufacturing plant, was found to be in violation of Michigan’s Natural Resources and Environmental Protection Act following a series of inspections and violation notices dating as far back as 2019. Following complaints of an oily color in the nearby Flint River, it was determined by inspectors that a breach in the Lockhart facility’s drainage system had led to a wastewater leakage into a storm sewer which ultimately discharged polluting materials into the Flint River.
  • The Order requires Lockhart, among other things, to pump wastewater and stormwater into tanks and transport it to Flint’s Wastewater Treatment Plant or another approved disposal site; to cease using the underground tunnels that previously conveyed wastewater; to remediate spills in the Flint River; to submit a plan to repair the drainage system and tunnels; and make other needed repairs. The Order expressly reserves EGLE’s right to seek recovery of costs and expenses.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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