CMS Gas gets no extension from Addison board

The Addison Township Board of Trustees voted at their April 5 regular meeting to not grant CMS Gas? request for an extension in removing gas they placed into the ground at their Rochester Rd. site.
According to the September 2001 consent judgement agreed upon between the township and CMS Gas, the company was allowed 18 non-consecutive months to use temporary equipment to remove test gas that had been placed in the Leonard field.
If gas is remaining at the end of the 18 months, consent judgement allows for CMS to request up to an additional 18 months, ‘establishing a bona fide need to extend to avoid waste of gas remaining in the Leonard field.? The paragraph also states that ‘Addison Township may not unreasonably withhold its consent if such an extension is needed for the continued temporary withdrawal of gas and (CMS) have complied with the requirements of this consent judgement.?
The test gas was placed in the Leonard field in 1998 to test for oil. Commercial Director for CMS Dave Dowhan informed the township board that no oil was received and that portion of the project was abandoned. In 2001, CMS built a temporary facility at the site to withdrawal and purify the test gas. The process began on November 1, 2002.
‘We have about half of what was originally put in remaining,? explained Dowhan. ‘This is worth approximately $3 million. We consider this a substantial amount.?
At the April 5 meeting, Dowhan not only requested the 18 month extension, but also an additional month to make up for the time the facility has been closed this April. He added that removal of the 500,000 cubic feet will take at least the additional 18 months, and possibly more. Dowhan said the goal is to ‘avoid the waste of a valuable resource.?
Board trustees responded critically to the request. Several trustees directed Dowhan’s attention to the 60 complaints filed by residents concerning noxious odors and sickness from the smell, as well as the current court battle related to these problems.
‘I’m bothered,? said Trustee Ed Brakefield. ‘I’m terribly bothered that you would put $3 million over the health and welfare of our citizens.?
Trustee Pat Eisenhardt asked representatives from CMS Gas why the test gas was not completely removed within the 18 months.
Dowhan informed the board that CMS could not physically do so. He added that when the consent judgement was passed in 2001, CMS knew all of the gas could not possibly be removed in that time frame, and the company ‘needed around three years, but thought this language was best.?
When asked about future plans for the site by Eisenhardt, Dowhan stated that CMS would ultimately like to create a storage facility using the existing in-line process. To date, the test gas has proven that the field’s reservoir will hold gas and the area can be used as an affordable storage facility.
During public comment on the issue, three residents spoke on behalf of those who have filed complaints concerning the odors and safety of the facility. Resident Tom Kmita asked whether or not the best technology was in place at the site, and what safety/emergency measures were in place. He also questioned who oversees that CMS is following the consent judgement and what contact point residents should use with the company.
‘There is a constant smell, at least six of the seven days of the week,? Kmita told Addison trustees, ‘and no I don’t call and complain every day. It gets frustrating to call that in every day.?
Dowhan informed residents that a shut-off valve is in place for safety and workers are on the site three times a day for varying shift lengths.
He also stated that CMS reports to the Michigan Department of Environmental Quality when complying with the consent judgement.
Early in the discussion, Dowhan stated that CMS is only aware of the one incident on January 9 when odors were released from the site.
He explained that the problem was not with the in-line system, but with the removal of water from the gas.
During the bitterly cold winter, several pipes froze, allowing for odors to escape. He added that several steps have been taken to correct the problem including insulating piping to prevent freezing and enclosing the gas flare.
‘We are not sure if we are always at fault for the other complaints,? Dowhan told the board. ‘The in-line system has worked perfectly. There has been no discharge of H2S2.?
‘We have worked very hard to make this a compliable plant. I can’t say that we have always been the guilty party.?
Resident Dave Osstyn was not pleased with these answers. He asked why the shut-off valve did not work in January when odors were released. He also asked if there are any health threats from anything currently being released by the site. Osstyn asked officials in the room ‘why would you even consider this for $3 million of gas in the ground??
‘We’ve been going through this for a long time,? agreed resident Carolyn Mansfield. ‘We were told they would not do this, but all of us have been dealing with this day in and day out.?
‘You can’t believe we’re lying. We’re making ourselves sick. You can’t even consider giving them this extension,? she pointedly told board trustees.
Township trustees gave sympathetic comments in agreement with their residents.
Trustee Sandy Campbell stated that the purpose of the consent judgement was to keep the residents from having to see, smell or deal with the facility.
She mentioned paragraph five of the agreement which states ‘the intent of the paragraph is to forever prevent any H2S2 contaminant or odorous discharge to the ambient environment.?
‘How can you consciously come to us knowing you have violated this agreement and ask for an extension,? said Campbell.
Trustee Brakefield motioned to deny the extension request: ‘We carefully negotiated the language (in the consent judgement) to protect our citizens. The language in paragraph seven allows CMS to seek this extension. However, CMS has to demonstrate a need and this board has to determine whether CMS has not complied with the consent judgement. It is my opinion that CMS has not complied with the consent judgement. CMS broke its promises. I don’t believe CMS has demonstrated a need which outweighs the harm to our citizens. Our citizens should not have to put up with this.?
The motion was supported by Clerk Pauline Bennett and passed unanimously by board members.
In conjunction with denying this request, Addison Township is still in active litigation with CMS Gas concerning the numerous complaints from residents about the release of noxious odors.
On February 18, Addison Township filed a complaint in Oakland County Circuit Court seeking damages, as well as ‘certain equitable and injunctive relief? against CMS Gas Transmission Company and their insurance carrier American Casualty Company.
Court rulings are still pending.