Westmoreland County firm, homeowner disciplined by agency in separate pollution cases.

Date published: 9/1/2005

By RUSTY DENNEN

A Westmoreland County fertilizer company and a homeowner living on a tributary of Nomini Creek are facing state sanctions for separate violations of environmental laws.

Royster Clark Inc. and resident Allison Ridner have signed agreements with the Virginia Department of Environmental Quality admitting the allegations, and agreeing to cleanup plans and fines.

The DEQ is seeking public comment until mid-September on the proposed consent orders, which were issued last month. The orders and information on the comment periods can be viewed on the DEQ's Web site at deq.virginia.gov/enforcement/notices.html.

Royster Clark operates a liquid fertilizer dealership in Kinsale in the southeastern end of the county. It also stocks agricultural chemicals.

Formerly known as Northern Neck Fertilizer, it was owned by Lebanon Chemical Co. until Royster Clark purchased the business in 1998. The new owner agreed to adhere to a previous permit to manage pollutants on the site.

In July 1999, the DEQ required Royster Clark to file a corrective-action plan regarding groundwater contamination on the site.

An inspection in January 2003 found that pollutants were still present in the groundwater because only intermittent pumping was being done. Royster Clark was still unable to meet the required standards.

Then in March of that year, the company applied for a new permit that included a plan for monitoring and remediation, which called for pumping 400,000 gallons of groundwater a year.

When that permit expired, the DEQ issued a notice of violation for the company's failure to secure another permit. In October 2004, the company complied.

Royster Clark agreed to sample its wells annually, to file an attachment to its deed informing potential buyers of the environmental issues on the property, and to pay a $2,700 fine.

Ridner, who lives at 205 Nomini Bay Drive, ran into trouble with the state after clearing and grading land without first obtaining the proper permits.

The county reported the unauthorized work, involving an unnamed tributary near his house, to the DEQ in February.

An inspection found that all the vegetation, including wetlands, bordering the tributary had been cleared and excavated and the area graded, with drain pipes installed. Fill dirt had been placed over the pipes to bring the land to a level grade.

The DEQ found that the work disturbed about 278 feet at the back of the property. Another 65 feet of the stream was affected by fill dirt washing downstream, according to the consent order.

Ridner was cited in June for unauthorized clearing. He removed the drain pipe and fill material from the stream channel. He restored the affected wetlands and agreed to submit a corrective-action plan and a schedule to restore his property, and to hire a consultant to help.

Ridner agreed to pay a $1,050 fine.

To reach RUSTY DENNEN:540/374-5431rdennen@freelancestar.com

Date published: 9/1/2005