The National Pollutant Discharge Elimination System (NPDES) is a permit that protects waterways from stormwater and surface water that flows from the facility into local waterways.
If approved, the permit would set monitoring requirements and criteria for stormwater discharged into Sugar Creek and an adjacent wetland from the facility’s mulch production and composting operations.
A public hearing in April was standing-room-only at the Bellbrook-Sugarcreek Park District Headquarters, at which several residents grilled Ohio EPA representatives on the permit and stormwater plans for the facility.
“We’ve all heard about the reputation of this operator and the community’s frustration,” said resident Bill Schieman. “Considering the fact that it took the Ohio Attorney General to get anything done, in my opinion, it’s folly to believe that the operator will comply with the NPDES.”
Laura Powell, who co-owns Tom’s Mulch with her husband Judd, said the pair “have been working diligently” with the EPA, an engineering firm, and with the Army Corps of Engineers, and are doing their due diligence to make sure that the requirements of the NPDES are met.
“We are ready to start moving forward, and have been since the public notice in August,” she said. “We have never wanted to do harm. We are a small business that takes pride in employing a lot of people in our small town. I would like the public to know that my husband and I are prepared to implement the things that are approved on the SWFT and the NPDES.”
Credit: JIM NOELKER
Credit: JIM NOELKER
Tom’s Mulch is seeking the NPDES permit as part of a settlement reached with the Ohio Attorney General last year. The state filed a civil suit against Tom’s Mulch for allegedly violating Ohio’s water pollution laws.
“It’s really a best practice that should have been in place years ago for the type of facility they have,” Ohio EPA Public Information Coordinator Max Moore said after the April hearing. “It’s unfortunate it took legal action to get to this place.”
Tom’s Mulch was sued by Attorney General Dave Yost in Greene County Common Pleas Court. The original complaint alleged the company “endangered the environment by illegally discharging pollutants into an unnamed tributary of Sugar Creek, into Sugar Creek, and into an unnamed wetland,” without a permit.
The consent order, filed July 14 of last year, said Tom’s Mulch must submit a “complete and approvable” response to the Ohio EPA regarding the Stormwater Pollution Prevention Plan (SWFT), and must apply for a National Pollutant Discharge Elimination System Permit, or face additional fines.
A few residents have requested third-party testing for stormwater flowing from the site.
Bellbrook City Councilman Forrest Greenwood noted the proximity of the stormwater discharge point to the city’s water systems, and expressed concerns that the nearby wetlands would not be considered as part of the permit plans.
“I would like Tom’s Mulch both to do well, and comply with the rules,” he said. “I am disappointed that the Ohio EPA will not consider the Bellbrook waterworks on this lifesaving issue.”
Several residents, including many who get their water from wells, also raised concerns about groundwater impacts, though groundwater is separate from the scope of the NPDES permit.
Once all public comments have been gathered, the EPA reviews the public’s concerns and makes a recommendation to the Ohio EPA director, who then makes the final decision to issue the permit or not, or to make changes to the permit plan, according to the EPA website. The public has 30 days to appeal the permit after a decision is made.
“We’re optimistic that this is a step in the right direction to control those discharges to help improve the stream quality,” Moore said.
Credit: JIM NOELKER
Credit: JIM NOELKER
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