An update to the previous topic-
http://www.fairfaxunderground.com/forum/read/2/200027/201551.html#msg-201551
Link to Article in Fairfax Times-
http://www.fairfaxtimes.com/news/2009/jun/30/doughnut-suit-goes-federal-court/
Doughnut suit goes to federal court
Fairfax County
By Gregg MacDonald
Source: Fairfax County Times
TUESDAY, JUNE 30 2009
A Fairfax County suit against Krispy Kreme Doughnuts may have just gotten a little stickier.
The ongoing legal battle was officially moved from Fairfax Circuit Court to Federal District Court with a final order issued on June 17.
According to court documents filed in federal court on June 25, a pre-trial conference will take place between both parties at 10 a.m. on July 15. One thing is certain, refreshments that morning will not include doughnuts.
In May, the Fairfax County Board of Supervisors filed a $20 million lawsuit in Circuit Court against North Carolina-based Krispy Kreme, alleging that its Lorton plant has destroyed local wastewater pipes with “doughnut grease and slime.”
The suit alleged that “excessive quantities of highly corrosive wastes, doughnut grease and other pollutants,” from the plant have caused millions in damages and even sparked environmental concerns.
Court documents claim that the Lorton factory rolls out about 83 million doughnuts a year, producing as a byproduct somewhere in the neighborhood of 15,000 gallons of waste each day.
According to court documents , the county alleges that waste from the plant has been a problem since it opened in 2004.
The county recently provided the prolific doughnut maker a bill for nearly $2 million, saying that's how much it has cost to repair damage directly related to the manufacturer. The additional $18 million in fines addressed in the suit are punitive.
On June 11, Krispy Kreme shot back, filing a response to the suit that claims the county “invited businesses such as Krispy Kreme into Fairfax County without providing a proper infrastructure for its operations.”
The response claims that the county sewer system’s “faulty design and construction,” is in violation of the federal Clean Water Act “as well as the Sewage Collection and Treatment Regulations approved by the Virginia State Water Control Board.”
It says the system allows sewage to become stagnant and anaerobic “thereby creating conditions that have caused the corrosion to the metal and the failure of the system.”
“We believe the county’s claims are totally unfounded,” wrote Brian K. Little, director of corporate communications for the company, in an email.
“Krispy Kreme has occupied the Lorton location for more than four years and during that period of time has been over 99 percent compliant with all permits. Also, since April 2008, at the County’s request, we have not been discharging wastewater in Fairfax County,” he wrote.
Fairfax County does not comment on active litigation.