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Pollution Problems Continue at Lyman Business

April 29, 2008 - LYMAN -- The Maine Department of Environmental Protection was in court last week seeking an injunction to stop a Lyman business from polluting a local stream.

The state agency said Winterwood Farm has broken an agreement signed last year in which the composting facility agreed to take steps to stop pollution discharge into Lords Brook. The business turns farm and food waste into composting material, and the state said it does not have the proper discharge protection. Runoff from the facility, the agency and neighbors said, has left the stream rife with fungus and emitting a foul odor.

Robert St. Onge, owner of Winterwood Farm, said he has tried through a federal program to mitigate the discharge from his business, but his efforts have been impeded by the state. Also, he said, the fungus is naturally occurring and not harmful to the stream.

The state argues that the fungus indicates pollutants and an excess of nutrients are in the water. This can result in a lack of oxygen in the stream, which has a harmful effect on fish. According to a representative from the Atlantic Salmon Federation, Lords Brook is a high value trout stream.

St. Onge and his attorney were not prepared for a testimonial hearing last week due to an apparent miscommunication. At the hearing, St. Onge's attorney said that Winterwood Farm is in bankruptcy, and argued that those proceedings take precedent over the court injunction.

The hearing was continued until May 15, when both sides will present their case. Possible scenarios include shutting down the operation, imposing fines or allow St. Onge more time to fix the problem.

After giving Winterwood Farm two years to come into compliance, the state Department of Environmental Protection said they turned the matter over to the court because St. Onge appears unwilling to make the necessary changes to his business.

In a 2007 agreement, St. Onge said he would apply for the proper licenses and come up with a plans for stormwater and leachate management. In April, the agency also suggested temporary solutions to stop the discharge, including making changes to the detention lagoon.

As part of the agreement, the agency suspended a $50,000 fine in order to give St. Onge the time and ability to improve the facility, agency spokesman Scott Cowger said. The state is not seeking to close the business necessarily, but needs to take steps to stop the pollution, he said.

"Our primary goal is to improve the water quality, whatever that means," said Cowger. "We're not trying to shut him down at all. We're just trying to get him into compliance."

Outside the courtroom last week, St. Onge said he is trying to get a grant through the federal Department of Agriculture that would help move his business into compliance, but the state has gotten in the way.

Andrew Fisk, of the environmental agency's land and water quality bureau, said last week that the federal agency does not provide grants to businesses that are not in compliance, which is the current status of Winterwood Farm.

Neighbors of Winterwood Farm said action cannot come fast enough. The discharge, when it reaches the stream, causes fungus to bloom, creating a nasty film, said Charles Gregory, who lives about a mile downstream of the farm.

"It looks like used toilet paper all over the pond, all over the stream," he said.

The problem was first evident in October 2005 when heavy rainfall caused an overload of Winterwood's detention pond, sending discharge into the stream. While the problem was originally blamed on the historically high water levels, neighbors said the problem has continued.

"The fungal growth is dominating Lords Brook," said Gregory. "There has been no astronomical rainfall, and yet it is still growing."

While the residents who attended the hearing said they held no animosity toward St. Onge and do not want to see the business closed, they cannot live any longer with the fungus and the resulting stench.

"Enough is enough," Gregory said. "After two-and-a-half years, he's shown no sign of trying to improve the facility."

Given the delay in the hearing, Gregory said he may seek relief in federal court under Clean Water Act.

"We can't wait another month," Gregory said. "The stream continues to suffer."

St. Onge said he hopes the court gives him the leeway to make necessary changes.

"We are one of the last working farms in town," he said. "We used to be the largest employer until this whole mess."

The fungus is not harmful to the stream, he said, and the odor is like that from any agricultural business.

"Every farm has a smell," St. Onge said.

By Ben Bragdon, this article appeared on www.keepmecurrent.com 4/24/08.


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Regions: Sanford


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