State, Wapak company battle over chemical release

First Posted: 3/25/2015

WAPAKONETA — A company has reached an agreement with the state that will allow it to continue handling a chemical the Attorney General’s Office said was released numerous times into the air creating a health problem.

That does not resolve the matter or the lawsuit the Ohio Attorney General’s Office filed against AIP Logistics of Wapakoneta but it does allow both parties to operate while the matter continues in court.

The state filed the lawsuit in December accusing AIP of allowing ethylenediamine to be released into the air, causing a public health problem. The chemical can burn the skin and cause respiratory problems, according to the lawsuit.

The state alleges the chemical was released into the air at least eight times in August, November and December. The releases affected people living nearby the operation, and caused people to seek medical treatment and have health problems, according to the lawsuit.

AIP said there were two releases on Aug. 26 and Nov. 29.

“AIP denies that its releases of EDA have endangered human health,” the company said in the answer to the lawsuit.

The state and AIG have reached a temporary agreement on the way to handle EDA, which will allow the company to continue to receive shipments.

EDA is used in the production of dyes, waxes, pesticides and anti-freeze solutions, according to the lawsuit.

The lawsuit said releases into the air causes a public nuisance by endangering the health of residents and causing risk to the environment. It said the company failed to have the appropriate safety precautions in place to prevent or deal with a release.

The Ohio Attorney General’s Office is seeking a permanent injunction to stop AIG from causing any alleged violations. The company also could face heavy fines if the violations are found to be true.

The AG’s office also wants AIG to establish the required safety measures to prevent chemical releases and to manage a release should it happen. The company must also allow public safety personnel from state, local and other agencies in to inspect.

AIP is fighting the lawsuit and has denied most of the allegations.

The city of Wapakoneta wants to join the lawsuit as a party.

The next action in the case is a status conference over the telephone scheduled for May 28.