University of Virginia Library

Morton Plant Causes
Local Pollution

13, 1968 and stock of the new
company was issued in its place. It
appears that ITT-Continental Banking
is a "successor in interest."

The certificate requires that the
successor or purchaser apply for
and receive a new certificate prior
to assuming ownership and commencing
operations Failure to abide
by the Water Control Law, such as
by operating with an invalid certificate,
could subject the company to
fines of up to $500 per day.

Paragraph four of the certificate
asserts the general criteria to be
followed by Morton in mixing its
effluent with state workers. It
specifies that Morton make "(a) no
appreciable change in existing
color; (b) [allow] no appreciable
settleable or floatable solids; (c) no
grease or oil films; (d) natural pH
value of stream not changed more
than one pH unit; (e) biochemical
oxygen demand of waste sufficiently
low to prevent depressing the
dissolved oxygen content at any
time or at any location below two
parts per million; (f) potentially
toxic substances substantially below
toxicity thresholds for aquatic
or other life."

Observation at the effluent's
point of discharge into the Howell's
Branch of Lickinghole Creek indicates
that despite the company's
elaborate treatment process, the
color of the stream changes radically
to the color of the
chlorinated effluent and that a
limited amount of settleable and
floatable solid material is discharged
into the stream. Fish no longer
inhabit the streams in the path of
the effluent, although Morton's
acting plant manager does note that
Bullhead catfish thrown into the
plant's settling tanks have managed
to live in them for "some time."

The certificates setting of a 2
parts per million minimum oxygen
content for the effluent is far below
what the United States Department
of the Interior recommends as a
minimum level for sustaining fish
life. The Department recommends a
five parts level, with four parts as a
minimum. Game fish native to
these waters cannot survive in water
below four parts.

Four residents along Lickinghole
Creek brought a $100,000 suit
against Morton in late 1966 and the
action was not dropped until
Morton had promised to make
substantive improvements in its
treatments facilities. Residents
brought the action because of their
dissatisfaction with state efforts.

Morton's discharges at that time
received a considerably less sophisticated
treatment process and their
high organic content, diluted only
to a very limited extent by other
waters in the streams, caused an
extreme odor problem during those
unusually dry years. The fish died
off, the mosquito larvae went
unattended, and the mosquito population
grew uncontrolled. Hundreds
of gallons of kerosene were poured
into the creek to kill the mosquitoes.

Stinking Creek

The head of the pest control
division of the State Health Department
in the summer of 1965 called
Lickinghole Creek a "rotten, stinking
creek...as bad as any I've seen."
Daily Progress headlines spoke of
"Mosquitoes, Unbearable Stench,"
while residents complained of doors
"black with mosquitoes at night."
of having "to get up twice every
night and spray the house." and of
rolling up car windows when
approaching the creek.

Morton's installation of new
equipment and heavier summer
rainfalls have lessened but not
ended the problems. During the
summers since 1966, the odor has
been less intense and the mosquitoes
less numerous. However, the
fish have not returned, residents
complain that the stream is still not
"normal," and one resident claims
that her cattle, which should drink
the stream's water still refuse to
drink it.

The State Water Control Board
last spring filed an injunction action
against the company pursuant to
Section 62.1-37 of the Virginia
Code for the purpose of enforcing
the standards set out in the 1961
certificate. The injunction was
issued by Albemarle Circuit Court
Judge Lyttleton Waddell on September
25, 1969, and remains in
effect until September 15, 1971. It
forbids the company front discharging
"contrary to the provisions
of Certificate No. 1275," the
1961 certificate.

The Morton plant was represented
in the court action by
State Senator J. Harry Michael of
the local law firm of Michael &
Dent. During the proceedings the
firm filed a motion for delay in
filing Mr. Michael's answer so that
he could attend to his legislative
duties in Richmond. Mr. Michael
serves on the Senate Finance
Committee, which allocated funds
for state government, including the
Water Control Board.

Morton has significantly expanded
its primary and secondary
waste treatment facilities since
1966 and in each of these years has
spent more than $300,000 expanding,
operating and manning this
equipment. Labor costs have accounted
for nearly one-third of this
expense. Morton's investment in
waste removal equipment now
exceeds $1 million and represents
nearly ten per cent of the company's
investment in its Crozet
plant.

To be continued.