Residents sue barrel company over fumes
Residents living near an industrial barrel refurbishing plant in St. Francis on Wednesday sued the company, saying the facility belches noxious fumes over their homes, diminishing their quality of life and their property values.
Three residents — Michael Tennessen, Deborah Kessel and Robert Kress — sued the plant’s parent company, Greif Inc., a $3.3 billion packaging company based in Ohio, alleging its operations are a nuisance and that it is guilty of negligence for failing to improve operations as recommended by a safety consultant.
The three filed a class-action complaint in Milwaukee County Circuit Court. Their attorneys will be seeking to have Circuit Judge Stephanie Rothstein to certify it as a class action, which would allow other residents to join it.
The suit proposes to allow any residents with similar complaints in a onemile ring around the plant, in the 3900 block of South Pennsylvania Avenue, to join the suit, which seeks unspecified damages.
“I am proud of Robert, Debbie and Mike for stepping forward to take on this big company,” said Milwaukee attorney Michael Lueder, who also is working with a Detroit firm on the case.
“These folks just want to be able to let their kids and grandkids enjoy the yard on a sunny day. They want to invite guests for barbecues without embarrassment. They want to hang their clothes out on the line and pull them down smelling fresh, and not like unpleasant chemicals.”
A Greif spokeswoman said the company had not seen the lawsuit and therefore could not comment.
A Journal Sentinel investigation, published in February, uncovered a host of problems that endangered workers and residents living near the company’s plant in St. Francis, as well as facilities in Oak Creek, Milwaukee and three other states.
Workers at the plants told the Journal Sentinel chemicals were routinely mixed together, triggering dangerous reactions that resulted in chemical and heat-related burns, injuries from exploding barrels, breathing difficulties and other health problems.
Residents, especially those living near the St. Francis plant, said in a meeting following publication that it is often miserable living near the facility. The smell can be so powerful that residents are forced to stay in their homes. They say the fumes lead to burning eyes, sore throats and headaches.
Following the Journal Sentinel investigation, agents from the U.S. Environmental Protection Agency spent several days interviewing residents near the St. Francis plant. The EPA investigators themselves reported experiencing health problems during that time.
The EPA is one of at least five government agencies investigating the plants following the news organization’s investigation, at the urging of several members of Congress. The state Department of Natural Resources and U.S. Department of Transportation together have uncovered three dozen violations.
Mercury levels over the legal limit have been found in wastewater coming from the St. Francis plant for at least four years. Following the investigation, officials met with the company, which promised to clean it up.
The three plants, known locally as Mid-America, are operated by Container Life Cycle Management, a joint venture majority owned by Greif.
The plants refurbish 55-gallon steel drums and large plastic chemical containers, cleaning them for reuse or recycling. Those drums that cannot be refurbished are burned.
The company has “negligently created an unreasonable risk of harm” by sending noxious odors into the neighborhood, the suit says.
Reporter Raquel Rutledge contributed to this report.