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questioned the company’s reliability in meeting compliance.
"I can’t tell you that we won’t be back here in two months,” Guthrie told the judge.
The likelihood of compliance depends on how well Avtex is able to manage its new company, said William Kregloe, State Water Control Board engineer.
When asked by the judge what remedy the state would propose, Guthrie responded, "I would like for you to enforce the bargain that we agreed to.”
“The state is not out for a pound of flesh. The purpose of penalties is to facilitate enforcement," said Guthrie. “Virginia businesses need to know that the State Water Control Board is serious about compliance. ”
Guthrie hedged on the question of a modified agreement, saying the decision was up to the judge.
In light of the new financial information and restructuring plan, Judge Markow, who said- he had intended to make a decision on Friday, postponed a ruling.
“I’ve really got to give some thought to where we are going from here,” said Judge Markow. The judge maintained that his chief objective is “to insure that the river remains clean and not polluted.”
Regardless of the judge’s decision, company officials have said that the decision to restructure is permanent.
"The recent barrage of criticism from certain state and local officials that has been reported widely in the media seriously compromised our ability to compete in the marketplace,” said Gregg.
“We have found it nearly impossible to recruit qualified workers to fill vacant positions, our customers and potential customers have questioned whether the state would allow us to remain open, and our valued workers have felt shunned ip their own communities," added Gregg.
A series of battles
The company has faced a series of battles in recent months. Avtex’s emission of carbon disulfide was found in excess of the state ambient air concentration level in a recent hearing before the State Air Pollution Control Board.
The company was given 60 days to submit a plan for reduced emissions.
Hughes said that he did not view the air control board violation as a major problem for Avtex.
In addition, the Environmental Protection Agency has requested that Avtex submit a $10 million treatment plan to clean up groundwater contaminated by the company’s waste viscose basins.
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