In addition to the fine, the consent order will require the city “maintain spill control equipment” and “notify the DEQ of a release of hazardous waste that could threaten human life or the environment.”

The consent order also states any authorized representative of the department will be allowed entry to the facility at all reasonable times to monitor compliance with the consent order.

In addition, the order states it is for “settlement purposes only” and “does not constitute an admission by the respondent of the allegations contained in the VN or that the law has been violated.” Much of the department's concern came from how the spill was cleaned up.

According to Bill Yocum, senior environmental quality analyst for the Michigan Department of Environmental Quality, the original incident was reported to have occurred on November 22, 2013. However, the department did not learn about the incident until March 22, 2014.

Yocum said Ingham County Health Department might have been informed of the incident before this date, but there was still free mercury onsite when the Michigan Department of Environmental Quality arrived.

“There was not a lot of free mercury when we first went out to the site, but there was free mercury,” Yocum said.

Yocum said these issues originated from the improper clean up of the spill. 

“Our concerns were that they had a release of hazardous waste which was improperly managed, and it resulted in potential exposure to the employees at the Wastewater Treatment Plant that would not have occurred if the spill had been handled properly in the first place,” Yocum said.

Scott House, director of public works for the city of East Lansing, confirmed the mercury was not properly cleaned up or reported to the proper authorities in a timely manner. The mercury came from an instrument that broke. According to House, the city is working on ways to prevent future incidents.

House said employees are being educated about identifying and correctly responding to potential hazards, as well as mitigating existing hazards inside the treatment plant. Removal of mercury from parts of the system where possible is also taking place. The city hopes to move forward from this incident that occurred more than two years ago.

According to city attorney Thomas Yeadon, the consent order will resolve any remaining issues the Michigan Department of Environmental Quality has with the city in regards to the incident. The city will have 30 days to pay the civil fine after it is signed by the city manager and approved by the state.

The city has agreed to the consent order and is ready to move forward and ensure no other incidents occur in the future.

"It is just part of working the process through, making sure we are doing the right things, learning from this and coming out stronger,” House said.