SC paper mill sued again over stink that left thousands complaining

A stench that has fouled the air in the Carolinas near Charlotte sparked a lawsuit Friday that accuses a paper mill of not getting a pollution permit and of shutting down a key piece of equipment that was vital to controlling odors.

Seven South Carolina residents who say they’ve been affected by noxious odors from the New-Indy paper mill say the company never applied for a key air pollution permit as it turned off a device called a steam stripper.

The federal suit asks a court to order New-Indy to eliminate the odors and cut pulp production until the company obtains the air pollution permit. Known as a prevention of significant deterioration permit, the air pollution license is needed by major new industries or big industries making major changes to a plant.

New-Indy acquired the former Bowater paper mill in York County about three years ago and in 2020 began changing production from bleached paper to unbleached material. But the company took the stripper offline as it made changes.

After the steam stripper was shut down, New-Indy sent millions of gallons of foul waste material — containing, among other things, hydrogen sulfide — directly to a wastewater treatment plant, the lawsuit said. That caused the area to be blanketed by the odors, the suit said.

South Carolina regulators have received at least 47,000 odor complaints from area residents, with many people saying the stench smelled like rotten eggs. The complaints began in January 2021. People living on both sides of the state line near Charlotte have been affected.

Lawyers for area residents who sued Friday said they are looking for “an expeditious end to New-Indy’s toxic emissions that have continued for over a year. This community deserves better, and we look forward to holding New-Indy fully accountable for the harm it has caused.”

Motley Rice, a prestigious law firm out of Charleston, is leading the legal action against New-Indy. Other law firms representing residents in the lawsuits include the Baird, Mandalas firm of Delaware; and law firms that employ state Reps. Tommy Pope, R-York, and Leon Stavrinakis, D-Charleston, and state Sen. Dick Harpootlian, D-Richland.

A spokesman for New-Indy said the company would not comment on the lawsuit. New-Indy has previously said it is working to make improvements and has had recent success in fixing problems.

The lawsuit, one of two legal actions announced Friday by attorneys for the residents, says New-Indy should be fined as much as $20 million for violating clean air laws if it does not seek the pollution permit.

Separately, the South Carolina residents sent a formal notice to the U.S. Environmental Protection Agency that they intend to sue the agency in 60 days for “failing to diligently prosecute” New-Indy for past air pollution.

Friday’s action is the latest legal trouble for New-Indy. The company already faces a class action lawsuit that seeks compensation for people who say they’ve been hurt by powerful odors since the problem began in early 2021.

The EPA also has previously fined New-Indy $1.1 million, but the fine has not been finalized and the amount could be changed, pending review by a federal court. At the same time, the S.C. Department of Health and Environmental Control recently fined the company nearly $130,000 over the stench that it said was tied to problems with the wastewater treatment system. DHEC also sent a letter asking the company to make improvements to the stripper.

Critics say those actions aren’t enough for a multi-million dollar corporation. New-Indy is partially owned by New England Patriots owner Robert Kraft. The company has facilities across the country.