Officials in Addison Township have decided that enough is enough.
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.
The complaint states that CMS Gas violated a consent judgment, dated September 25, 2001, by “allowing the discharge and release of contaminates and odors to the surrounding community and properties.” The complaint also states that CMS failed to dismantle and remove specific pieces of equipment from the site. The site in question is a gas storage facility located at 3615 Rochester Rd.
“There wasn’t suppose to be any more odors,” explained township Supervisor Bob Koski. “Not only that, but it almost was catastrophic at one point with people being affected.”
“One Saturday was so bad, I personally received numerous calls myself, not to mention what I’m sure came into the township.”
From the beginning of December until the complaint was filed, the township received a total of 30 resident complaints about an odor coming from the CMS Gas site. These complaints were filed as police reports with the Oakland County Sheriff’s Department and as Ordinance Violation reports through the township.
Gwen Cash, who lives on Mayfield Lane, not only filed several complaints, but also wrote the township a letter detailing what she described as “the worse smell ever.” “I couldn’t hardly breath… I had to call 911 for fear of my breathing. I ended up having to put on a mask and sleep that way. The gas smell was still out there in the morning,” she wrote. “My dog was throwing up from it.”
The Tenaglia family, on Mayfield Lane, have four children all under the age of nine and have been voicing their concerns for their young one’s safety since December.
“In light of the fact that an Addison Township home nearby blew-up recently, we need to be able to tell whether a gas smell is coming from our own home’s or just the nearby plant!” wrote the Tenaglias on Jan. 16.
On February 5, 2004, Mayapple Lane resident Suzanne Farmer contacted authorities because of the continuous smell of gas throughout the day. Several residents around her home were interviewed by deputies and all confirmed the presence of the odor.
In the report, the deputy states that approximately one week before Mrs. Farmer’s complaint, he received a call that led him to discover a pressure relief valve that was bleeding gas. Addison Fire Chief George Spencer was contacted and advised officers that he was awaiting the gas company. The deputy stated in his report “this was an additional incident to the regular smell off Rochester Rd. near the gas storage facility.”
In response to these and many more complaints, Addison Township has filed five different counts against CMS:
n Count I, the actions of CMS violates the Michigan Environmental Protection Act by impairing the township’s natural resources.
n Count II, CMS must forfeit the Performance Bond in the amount of $250,000 as agreed upon in the consent judgement.
n Count III, an injunction must be made which will require CMS to find a cure for the odor problem.
n Count IV, through airborne contaminants, CMS has trespassed on neighboring properties.
n And Count V, CMS has become a nuisance to neighboring properties.
At the time of publication, a court date had yet to be set.