Broadway Taking Over After 13-Month Process

By Hannah Northey

After 13 months of legal action, Broadway bought the bankrupt SIL Clean Water wastewater treatment plant in Timberville for $2.4 million on Wednesday.

The Rockingham County Circuit Court approved the sale along with an agreement that gives Broadway time to upgrade the plant.

Kyle O’Brien, the town’s manager, said the sale went through after the former owner of the facility, SIL Clean Water, a subsidiary of Illinois-based Sheaffer International, installed machinery to reduce the plant’s phosphorus discharges into the North Fork of the Shenandoah River.

“There’s going to be a lot going on in the next three years, and a lot in the next six months,” O’Brien said.

The Facility’s History

In August, Broadway was the highest bidder for the facility, which treats sewage for Timberville, Broadway, Pilgrim’s Pride Corp. and Cargill Meat Solutions Corp. Treated wastewater is supplied to local farmers as irrigated fertilizer.

The plant was auctioned off after SIL filed for Chapter 11 bankruptcy in January.

SIL was facing a legal battle with Attorney General Robert McDonnell’s Office, which filed a lawsuit in October 2006 against SIL on behalf of the Virginia Department of Environmental Quality and the State Water Control Board.

The lawsuit claimed SIL exceeded the limit for nitrogen and total phosphorus discharges into the North Fork of the Shenandoah River by more than 800 percent in 2005 and more than 200 percent in 2004.

“SIL has suffered the ultimate sanction for polluting our environment and will no longer operate the facility,” McDonnell said.

The sale to Broadway was delayed from the original sale date of Nov. 7 because SIL had failed to install phosphorus removal equipment by that time.

The Rockingham County Circuit Court ordered SIL to install the equipment by Aug. 22, according to court documents.The plant failed to meet the deadline and did not finish installing the equipment until this week, O’Brien said.

DEQ oversaw the installation to correct problems at the plant.

Looking Ahead

O’Brien said Broadway is taking over operating the plant.

Two operators who previously worked for SIL will work for the town, he said, and officials will interview candidates for a plant superintendent next week.

“That person’s going to help us oversee the improvements and overall compliance of the facility,” he said. “It’s an important position.”

O’Brien said the town is also working to finish a “preliminary engineering report” with engineering firm Hayes, Seay, Mattern & Mattern by March 15.

The report establishes a plan to bring the plant into compliance with DEQ requirements.

Broadway also has stepped up conversations with New Market, which is considering sending its wastewater to the plant.

“If we can make it happen, it’ll be beneficial,” O’Brien said. “But there are a lot of details that need to be worked out.”

http://www.dnronline.com/news_details.php?AID=13483&CHID=1