MENOMONEE FALLS (WITI) -- Advanced Waste Services (AWS) announced on Wednesday, February 26th that it has filed a Notice of Claim against the Village of Menomonee Falls.
Advanced Waste Services is the parent company of Chemworks. AWS is looking to relocate its Chemworks plant currently located in Milwaukee's Menomonee Valley, to Menomonee Falls -- a plan some Menomonee Falls residents take issue with.
Chemworks cleans industrial waste, but it has made headlines in the past for environmental fines and foul odors escaping its Milwaukee plant.
A company spokesman says a modern sanitary sewer system and a bio filter at the new location will help to solve old problems.
Meanwhile, the Village of Menomonee Falls' Plan Commission must now determine whether zoning on the land in Menomonee Falls is a match for what AWS/Chemworks wants to use the property for.
The Plan Commission will make the final ruling in this case.
The Notice of Claim filed by AWS asserts, among other things, that the Village of Menomonee Falls' referral of the AWS occupancy permit to its Plan Commission is illegal, is a violation of the company’s constitutional rights and is not in compliance with Village ordinances.
Among other relief, the claim seeks damages against the Village in excess of $2 million.
AWS was issued an occupancy permit for its use of the site at W140 N5998 Lilly Road on September 16, 2013.
The occupancy permit states that, “This building/premises and the proposed use are in conformance with the provisions of the Village of Menomonee Falls zoning ordinance.”
An affiliate of AWS completed its acquisition of the property for $1.7 million on September 27, 2013 in reliance on the issuance of the occupancy permit.
In a statement, Chemworks' president said: "To be told now that the Village can effectively put us through a 'do over' process is not right."
Opponents to the AWS facility have filled meeting venues to show their opposition to the waste water treatment company moving to Menomonee Falls. Hundreds of them have even signed a petition stating their opposition to the project.
Despite filing the claim, AWS officials say they remain open to cooperating with Village of Menomonee Falls officials to further educate the Plan Commission and the public about its operations and business while reserving all of its legal rights in the matter.