DaytonDailyNews.com

JEFFERSON TWP., Montgomery County — Perma-Fix of Dayton will reduce hazardous air emissions at its industrial wastewater treatment plant, pay a fine of $360,000 and spend $562,000 on additional environmental controls in a settlement with the U.S. Environmental Protection Agency and neighboring residents.

The settlement, filed Friday in U.S. District Court in Dayton, resolves long-standing allegations that Perma-Fix failed to comply with the federal Clean Air Act and requires the company to meet those standards as well as to secure state permits for handling 101 pollution sources at the plant.

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Neighbors have complained for years that they suffer from nausea, dizziness, headaches and breathing problems as a result of odors from Perma-Fix. Perma-Fix officials had argued that the company didn't release enough hazardous air pollutants to require a special permit holding it to the standards of the Clean Air Act.

The original complaint was filed Dec. 2, 2004, by Jefferson Twp. resident Barbara Fisher with the assistance of Advocates of Basic Legal Equality, a Dayton legal aid organization. The U.S. EPA joined the case in May 2006.

In addition to the consent decree filed on behalf of the U.S. EPA, the residents insisted on a supplementary agreement with Perma-Fix setting up and financing a community watch committee "that will monitor and enforce all of these technical requirements," said Ellis Jacobs, the legal aid attorney representing the residents.

Perma-Fix has agreed to pay $100,000 for experts to advise the committee.

Perma-Fix of Dayton, a wholly-owned subsidiary of Atlanta-based Perma-Fix Environmental Services Inc., provides hazardous and nonhazardous wastewater treatment, used oil recycling, solvent recovery, hazardous waste management, transportation and analytical services.

Ownership of the Jefferson Twp. plant may soon change. Negotiations for selling the company's industrial division "are currently in process," a Perma-Fix press release stated.

New owners would have to abide by the settlement, Jacobs said. After a 30-day public comment period the agreement will be finalized, according to court papers.

The plant, which employs about 40 people, recycles 2 to 3 million gallons of used oil each year for resale and treats 15 to 18 million gallons of wastewater annually, according to the company.

Contact this reporter at (937) 225-2437 or

jdebrosse@DaytonDailyNews.com.