Michigan Attorney General Dana Nessel recently announced a settlement in a lawsuit involving former Keeler Brass Company sites to address contamination, including volatile organic compounds (VOCs), such as trichloroethylene (TCE), and per- and polyfluoroalkyl substances (PFAS), at facilities in Western Michigan. The settlement requires the Keeler Brass entities to investigate hazardous substances released at four of their former locations and to undertake response activities to address levels that exceed state criteria. The Consent Decree was filed with Kent County Circuit Court on Monday and will be effective upon entry by the court.
“Michigan residents deserve to be safe from environmental contamination in their communities,” said Nessel. “Companies cannot pollute the places where Michiganders work and live and expect taxpayers to bear the burden of cleanup. This resolution helps protect the people of our State from hazardous substances, and I am eager to see this work begin to protect West Michigan workers and the environment.”
The lawsuit, filed in 2022, sought to require the Keeler Brass entities to properly investigate and address the risks posed by their contamination. Both PFAS and TCE are widely acknowledged as being used in metal finishing. TCE may be present in some locations at concentrations that can cause harmful vapors to seep up into the air inside buildings above the contamination. These vapors can expose people breathing the indoor air to unacceptable health risks.
Under the Consent Decree, the Keeler Brass entities are required to investigate and address contamination at four facilities:
• 955 Godfrey SW, Grand Rapids: Address PFAS and volatile organic compounds (VOCs), including TCE, and install any necessary vapor intrusion mitigation systems at existing buildings. This investigation and work must occur onsite and to an identified boundary offsite.
• 2929 32nd Street SE, Kentwood: Investigate the extent of contamination in groundwater and aquifers and possible impacts to a creek, and in a specified area, investigate vapor intrusion and install any necessary vapor intrusion mitigation systems at existing buildings.
• 236 Stevens Street SW, Grand Rapids: Investigate onsite perchloroethylene (PCE), a VOC, and mitigate any vapor intrusion risks at existing buildings.
• 835 Hall Street SW, Grand Rapids: Investigate onsite TCE and mitigate any vapor intrusion risks at existing buildings.
The Department of Environment, Great Lakes, and Energy (EGLE) will provide technical review of all investigation and remediation efforts. The work required includes a stepwise approach to ensure that the hazardous releases are investigated and addressed consistent with the requirements of Part 201, Environmental Remediation, of the Natural Resources and Environmental Protection Act.
“The settlement in this case is just one piece of EGLE’s ongoing efforts to protect public health and the environment from PFAS, VOCs, and other hazardous substances. West Michigan residents can be assured that the terms of the consent agreement and EGLE’s ongoing oversight of its implementation will help protect people of the state from these substances.” said Phil Roos, EGLE director.
“Thanks to Attorney General Nessel and her staff for holding these entities accountable to environmental laws.”
In addition to the required investigation and response actions to address exceedances of the hazardous substances identified above, the settlement requires the Keeler Brass entities to pay the State’s past and future oversight costs and costs of litigation, including the attorney fees of the Special Assistant Attorneys General for this matter, which means that these costs will not be shifted to taxpayers.
“Michigan residents deserve to be safe from environmental contamination in their communities,” said Nessel. “Companies cannot pollute the places where Michiganders work and live and expect taxpayers to bear the burden of cleanup. This resolution helps protect the people of our State from hazardous substances, and I am eager to see this work begin to protect West Michigan workers and the environment.”
The lawsuit, filed in 2022, sought to require the Keeler Brass entities to properly investigate and address the risks posed by their contamination. Both PFAS and TCE are widely acknowledged as being used in metal finishing. TCE may be present in some locations at concentrations that can cause harmful vapors to seep up into the air inside buildings above the contamination. These vapors can expose people breathing the indoor air to unacceptable health risks.
Under the Consent Decree, the Keeler Brass entities are required to investigate and address contamination at four facilities:
• 955 Godfrey SW, Grand Rapids: Address PFAS and volatile organic compounds (VOCs), including TCE, and install any necessary vapor intrusion mitigation systems at existing buildings. This investigation and work must occur onsite and to an identified boundary offsite.
• 2929 32nd Street SE, Kentwood: Investigate the extent of contamination in groundwater and aquifers and possible impacts to a creek, and in a specified area, investigate vapor intrusion and install any necessary vapor intrusion mitigation systems at existing buildings.
• 236 Stevens Street SW, Grand Rapids: Investigate onsite perchloroethylene (PCE), a VOC, and mitigate any vapor intrusion risks at existing buildings.
• 835 Hall Street SW, Grand Rapids: Investigate onsite TCE and mitigate any vapor intrusion risks at existing buildings.
The Department of Environment, Great Lakes, and Energy (EGLE) will provide technical review of all investigation and remediation efforts. The work required includes a stepwise approach to ensure that the hazardous releases are investigated and addressed consistent with the requirements of Part 201, Environmental Remediation, of the Natural Resources and Environmental Protection Act.
“The settlement in this case is just one piece of EGLE’s ongoing efforts to protect public health and the environment from PFAS, VOCs, and other hazardous substances. West Michigan residents can be assured that the terms of the consent agreement and EGLE’s ongoing oversight of its implementation will help protect people of the state from these substances.” said Phil Roos, EGLE director.
“Thanks to Attorney General Nessel and her staff for holding these entities accountable to environmental laws.”
In addition to the required investigation and response actions to address exceedances of the hazardous substances identified above, the settlement requires the Keeler Brass entities to pay the State’s past and future oversight costs and costs of litigation, including the attorney fees of the Special Assistant Attorneys General for this matter, which means that these costs will not be shifted to taxpayers.
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