Wayne County Department of Health v. Chrysler Corporation

No. Civ. 166,223 (Mich. Cir. Ct. June 18, 1971)

In a suit brought under the Michigan Environmental Protection Act of 1970, the court grants plaintiff health department's request for an interlocutory order requiring Chrysler Corporation to undertake specified precautionary and pollution control measures and orders each of the parties to advise the court before July 30, 1971 as to whether the interlocutory order can form the basis for a permanent settlement.

Counsel for Plaintiff:
William L. Calahan Prosecuting Attorney
Aloysius J. Suchy
Donald Campbell Assistant Prosecuting Attorneys
601 City-County Building
Detroit, Michigan 48226
(313) 224-4650

Counsel for Defendant:
Keith A. Jenkins
Walter B. Maher
341 Massachusetts Avenue
Highland Park, Michigan
(313) 956-4466

[1 ELR 20410]

Joseph G. Rashid, Circuit J.:

Whereas, this suit was commenced pursuant to the provisions of the "Thomas J. Anderson, Gordon Rockwell environmental protection act of 1970" alleging that the conduct of Chrysler Corporation in operating its Huber Avenue Foundry located at 6425 Huber Avenue, City of Detroit, County of Wayne, State of Michigan, is, or is likely to pollute, impair, or destroy the air or other natural resources of Wayne County or the public trust therein; and

Whereas, the Motion of William L. Cahalan, Prosecuting Attorney, Aloysius J. Suchy and Donald A. Campbell, Assistant Prosecuting Attorneys, Attorneys for Wayne County Department of Health, the plaintiff in the above entitled cause for an Interlocutory Order herein, having come on to be heard and the court being fully informed in the premises.

Now therefore, it is hereby ordered that:

1. In the event of a malfunction of the cupola emission control system (Venturi type) on a cupola in use at the Foundry, Chrysler Corporation agrees it shall undertake the following:

(a) Immediately cease any and all charging of the cupola except as provided for under subparagraph (e), hereof.

(b) Promptly notify the Wayne County Department of Health, Air Pollution Control Division or its director of the time of the occurrence of the malfunction and, if known, the nature of the problem encountered.

(c) Promptly investigate the cause of the malfunction. When the same is known, Chrysler Corporation shall notify the Wayne County Deparement of Health, Air Pollution Control Division or its director of the anticipated length of time required for complete correction of the problem.

(d) If Chrysler Corporation believes the necessary repairs cannot be performed and completed before the in process melting operation is completed and the cupola drained and dropped, Chrysler Corporation shall proceed to take the cupola out of service until the necessary corrections are completed.

(e) If Chrysler Corporation believes the necessary repairs can be performed and completed before the in process melting operation is completed and the cupola drained and dropped, such repairs shall be commenced immediately and, in the event it develops the repair time will be longer than the aforementioned period, the cupola may be charged once with coke to prevent it from freezing up and then only if the Schneible wet cap is operating without malfunctions. Thereafter, if Chrysler Corporation fails to complete the necessary repairs before the in process melting operation is completed, Chrysler Corporation shall proceed to take the cupola out of service until the necessary corrections are completed.

(f) Promptly notify the Wayne County Department of Health, Air Pollution Control Division or its director when the malfunction has been completely corrected. Within ten days after said correction, Chrysler Corporation shall submit a written report to said Air Pollution Control Division detailing the cause of the malfunction and measures taken or to be taken to prevent reoccurrence.

(g) Chrysler shall keep on hand at all times a stand-by motor and fan wheel for the cupola emission control system and shall promptly advise said Air Pollution Control Division in the event one or both stand-by items are put into service. Further, in the event of any malfunction of a cupola's emission control system requiring replacement of the fan motor or fan wheel with the stand-by fan motor or fan wheel, Chrysler Corporation shall promptly cause the fan motor or fan wheel so replaced to be repaired or replaced so as to have a stand-by motor or fan wheel available as soon as practicable.

(h) Chrysler Corporation shall keep on hand an inventory of the Foundry's end products sufficient to meet the requirements of other Chrysler Corporation facilities for a period of 10 days, it being understood that labor, production, financial and other problems might adversely affect Chrysler Corporation's ability to maintain, constantly, such an inventory.

2. Chrysler Corporation shall endeavor to keep the pyro-vents which are installed on the roof of the Foundry for fire fighting measures closed at all times and to this end Chrysler Corporation shall post notices within the Foundry building advising its employees that said pyro-vents shall not be opened by its employees and if such notice is disregarded Chrysler Corporation shall post an additional notice advising its employees that anyone opening said vents shall be subject to disciplinary action by the Chrysler Corporation.

3. The Wayne County Department of Health, Air Pollution Control Division shall on or before July 30, 1971 make a report to the Court as to the effectiveness of the Chrysler Corporation's recently installed collection system servicing the Foundry's two (2) cold charge electric induction furnaces.

4. Chrysler Corporation shall act to prevent any unreasonable wind carry of of particulate matter which may emanate from the Foundry premises into the adjoining residential neighborhood, and in connection therewith, shall undertake the following:

(a) The installation by June 11, 1971, of a device at the discharge chute of the two waste sand hoppers not so equipped, whereby the sand fines coming from the storage hopper are wetted. Further, all trucks conveying said waste sand from the Foundry premises shall exit the Foundry by way or ways other than through the residential section immediately adjacent to the Foundry premises.

(b) Provide supervision to control coke and sand storage piles, scrap core and metal piles, the railroad tracks under the waste sand hoppers, the paved portion of the North Yard Area, the roof of the Foundry, and the non-paved portions of said North Yard Area.

(e) Take such action including sweeping and the use of wetting agents, or other alternatives, which can accomplish the purposes of this section.

5. The Chrysler Corporation and the Wayne County Department of Health, Air Pollution Control Division shall make a thorough investigation concerning odors emanating from the Foundry and shall submit to the Court a full report including recommended corrective measures to be taken by the Chrysler Corporation, if any, on or before July 30, 1971.

6. Chrysler Corporation shall maintain the following monitoring system relating to the operation of the Venturi-type cupola emission control system:

[1 ELR 20411]

(a) A warning device which indicates when the Venturi-type emission control system has malfunctioned and which activates the alternate Schneible Wet Cap cupola emissional control system.

(b) An IRD (or similar) vibration monitoring system providing a monitor of the vibrations of both fan blade and fan motor bearings.

(c) A preventive maintenance program of daily checking the oil level of the automatic lubrication system on the fan motor.

(d) The providing of normal maintenance as required by the results of the IRD monitoring program.

(e) Monitoring, by way of an alarm, of the water volume supply to the Venturi-type system, so that, if necessary, the system can be switched to an alternate source of water.

(f) The provision of an air velocity gauge recorder to measure the velocity of air in the Venturi-type system.

7. Chrysler Corporation shall maintain the following monitoring system relating to the operation of the Foundry's 33 dust collector systems:

(a) Physically inspect the total dust collector system twice each shift during the first and second shifts and make repairs as necessary.

(b) Perform the following checks each day:

(1) Check to determine if there exists any visible stack discharge or water carry over out the stack to determine if there is any potential separator cone deterioration or potential difficulty with the nozzles on the supplemental water system.

(2) Check to determine if there exists any excessive fan vibration which could disturb the balance of the wheel.

(3) Check fan motor noise to determine tightness of fan belts and motor RPM.

(4) Check waterflow on discharge side of collector over a weir.

(c) Regularly treat with floculent (or a similar chemical) the water in the settling basin to aid in the efficient use of the dust collector systems.

8. Chrysler Corporation shall keep and retain records relating to Section 1 (b,c, and f), Section 2, Section 4 (b and c), Section 6 (c and d) and Section 7, and said records shall be available for inspection by said Air Pollution Control Division.

9.In the event said Air Pollution Control Division or the Intervening Plaintiffs believe Chrysler Corporation has violated the provisions of the Order they shall immediately notify Chrysler Corporation in writing, of the claimed violation and, prior to taking any steps to enforce this Order shall provide the Chrysler Corporation with an opportunity either to submit data to the Director of said Air Pollution Control Division within five (5) days indicating reasons why Chrysler Corporation does not believe it violated the provisions of this Order or correct promptly any existing action or omission.

10. During the period of time covered by this Order, Chrysler Corporation shall permit representative(s) of the Air Pollution Control Division access to the Foundry Building and premises at any time.

11. IT IS ORDERED that Chrysler Corporation, defendant herein, not blow out the Huber Foundry stacks by compressed air at any time. Defendant herein has denied that it has ever done so.

12. Each of the parties in this action shall submit to the Court no later than July 30, 1971 a report as to whether this Order can form the basis for settlement of this action. In addition, Wayne County Department of Health, plaintiff herein, shall submit a written progress report to the Court on a weekly basis. First report shall be due June 25, 1971; copies of said weekly report shall be sent to all other parties in this action.

13.In the event of any material change in circumstances, any party to this action may move this Court to modify any of the provisions of this Order provided 48 hours notice of a hearing on said motion is given to counsel for the other parties.