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REC lawsuit settled

by Cameron Probert<br
| April 19, 2010 9:00 PM

SPOKANE — A federal lawsuit claiming REC Silicon violated state and federal clean air acts and violated emission permits was settled.

Victor C. Jansen, who owns land next to the plant, and a group of people associated with the Web site RECisEXCEPTIONAL filed a civil lawsuit in U.S. District Court asking to stop construction and the operation of plants three and four.

The suit claimed the state Department of Ecology (DOE) didn’t follow the proper procedures when it issued a notice of construction approval in January, according to the complaint.

The order includes “identifying and quantifying the types and amounts of contaminants that the facility has the potential to emit; determining whether the facility requires a full Title V Air Operating Permit; determining whether voluntary limits on production, operations or design will allow a major source to sidestep the requirements of a full Title V permit and be classified as a ‘synthetic’ or ‘artificial’ minor source; analyzing alternative to achieve the maximum pollution reduction,” according to the complaint.

The plaintiffs claimed DOE sidestepped the public input process and since the order reportedly wasn’t completed correctly, the approval isn’t valid, according to the complaint.

REC countered, stating Jansen brought the suit because the company wouldn’t purchase land he owned near the plant.

Details about the settlement are unavailable, but the two parties “reached an agreement that resolves all issues of mutual concern and disputes between them. As a result of this agreement, the parties are able to announce the full and complete dismissal of all legal proceedings, and claims by each party against the other,” according to a joint statement.

Both parties noted they are focused on worker safety, environmental compliance and the economic vitality of the Moses Lake area, according to the statement.

Visitors to the Web site RECisEXCEPTIONAL.com are now directed to the REC group Web site.