Special Meeting (Letter re septage)

Centerville Township

Event Date: 2024-06-19

Summarized with ai model: claude-3-haiku-20240307

Disclaimer: AI-generated summaries may contain errors. Please review the source document for accuracy.

Executive Summary:

Introduction
– This letter is written by Nicole R. Graf, an attorney representing True North Environmental Corporation d/b/a Williams & Bay Pumping Services (“Williams & Bay”), in response to a letter from Christopher P. Grobbel, the Centerville Township Zoning Administrator.

Williams & Bay’s Application of Septage
– Williams & Bay is applying septage in full compliance with their EGLE license number SH-1483, the Michigan Right to Farm Act (“RTFA”), the GAAMPs for Manure Management and Utilization, and the Agronomical Application Rates.

Preemption of Township Zoning Ordinance
– The RTFA preempts the right of Centerville Township to require Williams & Bay to obtain a special use permit. This is based on MCL 286.474(6) and the court case Mylan Twp. v Lyle Jaworski.

Nuisance Lawsuit Defense
– The RTFA protects farms and farm operations, including Williams & Bay’s business, from nuisance lawsuits if they conform to generally accepted agricultural and management practices.
– Any effort by Centerville Township to pursue Williams & Bay for violation of the township’s zoning ordinance (nuisance per se) will be defended vigorously by the company.
– Williams & Bay will pursue all legal and other remedies against the township, including seeking the recovery of its costs and expenses, including attorney fees, pursuant to MCL 286.473b.

Conclusion
– The letter directs all further communication regarding this matter to be directed to Nicole R. Graf, the attorney representing Williams & Bay.

https://www.nmichlaw.com/

Internal document reference #:2489

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