Dayton Daily News


Perma-Fix neighbors appeal EPA ruling

Residents want toxic wastes limited

By Dale Dempsey
Dayton Daily News

DAYTON | Two neighbors of Perma-Fix, the controversial wastewater treatment facility in Jefferson Twp., have filed an appeal with the state's Environmental Review Appeals Commission, seeking to reverse a decision earlier this month by the Ohio EPA that would permit more toxic wastes from the plant to go to Montgomery County's western treatment plant.

Barbara Fisher and Esther Miller, who live on West End Avenue next to the plant, filed the appeal Thursday because of foul odors from Perma-Fix that they say permeate the neighborhood.

The Ohio EPA modified its pretreatment permit for Perma-Fix on July 1, at the request of the Montgomery County Commission.

"The permit allows Perma-Fix to release 34,500 microliters of toxic organics to the treatment plant," said Ellis Jacobs, attorney for Fisher and Miller. "By contrast, GM, which also has a pretreatment permit, is only allowed 1,800 microliters per year. Waste Management has a limit of 2,130 microliters."

Members of Citizens for Responsible Destruction of Chemical Weapons, the environmental group that fought and ultimately ended Perma-Fix's plans to treat a remnant of VX nerve agent from the U.S. Army in 2003, protested the amended permit outside of Ohio EPA's southwest district office in the Oregon District on Thursday morning.

The appeal says that the permits issued by the Ohio EPA, "fail to put any limits on the discharge of toxic organic chemicals by Perma-Fix."

There are 12 chemicals listed in the Ohio EPA permit, including molybdenum, chromium, arsenic, cyanide, lead and mercury.

The state tests water samples for those chemicals every six months.

The Regional Air Pollution Control Agency found noticeable odors around Perma-Fix 157 times since it began testing in May 2002. The agency takes air samples randomly or when they receive a complaint.

The U.S. EPA in February found the company in violation of the Clean Air Act and is currently negotiating a settlement.

Contact Dale Dempsey at 225-2270