Orland sued over Crystal Geyser project

Crystal Geyser isn't going anywhere.

Spokesman Alec Van Ryan said the company is "steadfastly committed to Orland and to this project."

The comment came in response to two lawsuits filed in Glenn County Superior Court against Orland after the City Council approved the construction of a sparkling mineral water bottling plant on County Road 200.

Friends of Orland and Gregory Appel filed a suit Feb. 26, and Save Our Water Resources filed Friday. Both organizations are asking the court to order the project halted until an environment impact report is completed.

"I am saddened for the many citizens of Orland that have stood up and supported us in our effort to bring new enterprise and good job opportunities to Orland," Van Ryan said. "Crystal Geyser has worked every step of the way with the city demonstrating our commitment as a good steward of our environment and its resources."

Orland City Manager Paul Poczobut Jr. said "this is the democratic process and we respect the democratic process."

Tom Andrews, the city attorney, said "the public has a right to challenge any decision. Given the nature of concerns expressed previously, it's no surprise.

Both suits assert that the city is in violation of the California Environmental Quality Act because it did not require Crystal Geyser to submit an environmental impact report before approving the project.

The Save Our Water Resources' petition focuses on outlining the timeline of activities related to the organization's presentation of complaints to the Technical Advisory Committee and the City Council.

It also addresses areas in which "the city abused its discretion and failed to act in the manner required by law," particularly in terms of not requiring full EIR. The petition states that the city used a "guise of conditions of approval in order to shoehorn the project into qualifying for the common sense exemption of CEQA."

Other issues raised include the amount of water to be pumped, truck traffic, air pollution from construction and operation of the facility, noise and wastewater and sewer capacities.

Further, the suit asks that the city be required to make public the third-party monitoring reports about the exact amount of water Crystal Geyser pumps from its well.

Crystal Geyser officials said that is a trade secret and releasing the information could provide competitors with material that could harm the company.

Save Our Water Resources also claims if the city does not "set aside their approval of the project," the group "will be irreparably harmed."

The suit filed by Friends of Orland and Gregory Appel focuses primarily on noise issues, rejecting the report submitted with Crystal Geyser's application by noise and sound expert J.C. Brennan and Assoc.

Other issues, such as the Orland Dry Cleaners toxic plume, the possibility of a significant impact on the water table and greenhouse gas emission also are mentioned.

"It's the same issues raised at the appeal hearing and public hearing at the Technical Advisory Committee meeting," Andrews said. "I don't see anything new or novel. They are asserting the same issue" that the city already addressed.

Vice Mayor Jim Paschal said the lawsuits were not unexpected.

"I know they're concerned about it. But our decision was made based on information from our legal council and trained staff," he said.

Andrews said the city has 60 days to prepare an administrative record and submit it to the court. He expects the process through the courts will be fairly swift.

Contact Lydia Harris at 934-6800 or lharris@tcnpress.com.