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Published: Saturday, 12/13/2003

Defiance nursery settles state suit over leachate

DEFIANCE - The Ohio Attorney General s office has reached a settlement with the owners of a Defiance County nursery about a month after filing an environmental complaint against it.

Mark Gribben, a spokesman for the attorney general, said his office and attorneys for Enviro Artscaping, Inc., which does business as the Garden Ridge Nursery, reached an agreement in principle this week.

The agreement consequently terminated a preliminary injunction hearing scheduled for yesterday in Defiance County Common Pleas Court.

Mr. Gribben said paperwork is being compiled in the matter and is expected to be filed next week in the county clerk s office. He said the agreement, which addresses the state s concerns about leachate collection structures at the nursery, will need the approval of the Common Pleas Court judge.

In the original complaint, state officials claimed that the rural Defiance company has been discharging leachate from the facility into nearby waters, including Behrens Ditch and South Branch Behrens Ditch.

Employees of the Ohio Environmental Protection Agency inspected the facility on Oct. 29. At that time, officials alleged that “several troubling things” were detected, namely the recent addition of a leachate collection pond at the rear of the facility.

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