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Attorney Chris Bzdok, who represents Whitewater Residents Association and Northern Michigan Environmental Action Council, said the neighbors reached a settlement Jan. 5 that includes payment of $350,000 in damages and an ongoing plan to monitor odors at the plant. The state Department of Environmental Quality also settled with WRS, with $100,000 in fines, according to a recent DEQ press release.

The settlements resolve more than a year of debate that began after a November 2005 wastewater spill from a storage lagoon on WRS' property.

Bzdok said there are three parts of the settlement. The first is that WRS will continue operating air pollution and odor control equipment that was installed in August at the request of the neighbors, he said.

The second part is a "two-prong" system to detect and correct future odor problems, he added. First, WRS will spend $100,000 to design and install hydrogen sulfide monitors that will operate continuously, he said. WRS has 35 days to chose an expert to design the monitoring system.

As the second "prong," third party "smell sheriffs" will be trained to detect odors and verify resident complaints.

Future violations would cost WRS $3,250 per occurrence. Bzdok said a "smell sheriff" has been chosen and is subject to WRS' approval.

The third part is a $350,000 economic damages settlement, he said. The agreement includes a $200,000 initial payment within 60 days and $25,000 quarterly payments thereafter.

In addition, WRS agreed to not store waste water in ponds or apply it to the ground through spray irrigation, he added.

Bzdok said there is a lot of credit to go around in reaching the settlement.

"This wouldn't have been possible if (Circuit) Judge (Thomas) Power hadn't seen through a lot of the legal morass and had been willing to make these rulings and protect these people ... this really is a big act of stepping up to the plate by WRS," he said, adding that WRS plant owner Chris Hubbell and Alan Hoffman, an assistant state attorney general who helped the DEQ reach its settlement with WRS.

In its settlement, the state agreed to reduce its fines by $50,000, which Bzdok said will allow WRS to spend the $100,000 on the hydrogen sulfide monitors.

The state's settlement requires the company to address all environmental issues at its plant, according to a recent release from the DEQ. WRS must seal all wastewater in tanks and transport it off-site for disposal until it obtains a new groundwater discharge permit, according to the DEQ.

The company must also control odors and look into air pollutant discharges to determine if more emission control measures should be taken. Before it may apply for a new groundwater discharge permit, WRS must submit a Wastewater Management Work Plan that addresses "the location and design of proposed wastewater storage, transfer and treatment facilities," according to the DEQ.

"WRS must also complete a remedial investiga- tion of all alleged wastewater disposal locations at or near the site, and implement any necessary response activities to address identified contamination," the release states.

"These settlements ensure that Williamsburg Receiving and Storage will operate in a manner that provides its neighbors with the peace of mind of knowing the environmental quality of their community is protected," DEQ director Steven E. Chester said. "The DEQ appreciates the cooperation of all parties involved in reaching this settlement."