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State dismisses challenge to Nestlé water withdrawal permit21/11/2020
The Michigan Department of Environment, Great Lakes and Energy has dismissed a challenge to a state permit allowing Nestlé to pump more Michigan groundwater for its Ice Mountain bottled water plant in Osceola County.
Nestlé, the largest food company in the world, in 2018 sought permission to increase water withdrawals from its White Pine Springs well in Osceola Township from 250 gallons per minute to 400 gallons per minute.
EGLE, then known as the Michigan Department of Environmental Quality (DEQ), approved the increased water withdrawal in April 2018, after earlier finding it "is not likely to cause an adverse resource impact," meaning it won't impact populations of fish in the Chippewa Creek watershed, a tributary to the Muskegon River, or decrease stream flows to the point of natural resource impacts.
The state's Water Withdrawal Assessment Tool, an interactive, online evaluation of proposed large water withdrawals that looks at impacts to fish and stream flows through comparative data and modeling, initially rejected Nestlé's proposed withdrawal increase, saying it would have an adverse effect on nearby streams and fish. But the company appealed and DEQ staff subsequently recommended approval.
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That revised water withdrawal permit was challenged by a nonprofit, grassroots group, Michigan Citizens for Water Conservation, based in Mecosta, and the Grand Traverse Band of Ottawa and Chippewa Indians. Impacts from Nestlé water withdrawals can already be seen in nearby wetlands and streams, even before the increase, they contended.
EGLE, in its rejection of the permit challenge, found that the nonprofit group and tribe "erred in not appealing the permit directly to circuit court," the agency stated in a release Friday.
EGLE's move comes after an administrative law judge on April 24 found Nestlé's permitted water withdrawals are reasonable under current state law and include adequate monitoring and safeguards to ensure protection of state water resources.
"EGLE remains committed to protecting our state's valuable water resources, but as a regulatory agency we must act within our statutory authority," agency director Liesl Clark said. "The Safe Drinking Water Act only allows EGLE to hold contested case hearings under very limited circumstances, which are not present in this case."
Nestlé Waters, in a statement, said EGLE's decision to approve the company's permit was appropriate.
"We have confidence in the science behind our application from the 18 years' worth of environmental data collected near the site since beginning our operations in Michigan, and EGLE's thorough review and analysis of our application and data," the company stated.
In October 2016, Nestlé Waters announced a $36 million capital investment in its Ice Mountain bottling plant. The expansion included a new water bottling line that company officials said would create an additional 20 jobs at the plant, as well as an additional 41 jobs indirectly throughout Michigan.
Nestlé has come under fire for its taking of Michigan groundwater essentially for free - more than 1 million gallons per day, for nothing more than a $200 per year state permit - that it then bottles and sells for profit. Clark noted many public comments received by EGLE on the permit request expressed concern over that.
"We appreciate the calls from the petitioners and other members of the public for water withdrawal royalties on bottled water payable to the state, but that is currently outside of EGLE's statutory authority," she said. "EGLE supports the calls from lawmakers to take action to prevent private parties from profiting off our state's water resources."
Nestlé officials, however, don't like the sound of that. They note that they are far down the list of consumptive, industrial water-users in Michigan, and that t...
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