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amount. Much of Rimer’s testimony centered on a description of the wastewater treatment plant. The waste basins are designed to catch the solids, he explained, and PCBs would characteristically settle out before reaching the river.
“Three truckloads of sediment would have to be dumped into the river to result in 3.5 pounds of PCBs,” said Rimer.
Outfall 003, used primarily to discharge stormwater runoff and non-contact cooling water, has been diverted, according to Avtex attorney William Gardner. Markow prohibited Avtex from using outfall 003 for any purpose other that rainwater diversion from the roof until all PCBs have been cleared from the system. Avtex has until Oct. 18 to rid outfall 003 of PCBs.
Although he said he was not convinced by the state that there were PCBs being discharged from 004, Markow clearly stated that he would not hesitate to shut down the plant if it is proven PCBs are continuing to pour into the river.
“If there is any discharge out of 004, the plant is going to close,” stated Markow. “We’ll come in here on Sunday, holiday, whatever it takes, and shut it down.”
Although the attorney general’s office did not get what it asked for, state officials were pleased with Markow’s decision.
“He* [Markow] went to extraordinary step to insure that not an iota of PCBs will go into the river,” said R. Claire Guthrie, deputy attorney general.
The conditions mandated by Markow will continue until Avtex, the state and Markow meet again on Wednesday, Nov 15, to determines whether or not the company has violated a consent decree signed with the state last fall. Avtex was found in violation of the consent decree at the end of June, but was excused from the $990,000 penalty if it ceased its pollution and made repairs.
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