COMSTOCK TOWNSHIP, MI

– Bell's Brewery has filed a lawsuit against Enbridge and the developer of Comstock Commerce Park over dredging plans that are part of the ongoing cleanup of the Kalamazoo River oil spill.

Enbridge entered a lease agreement with CCP Development Co., developer of Comstock Commerce Park, and last month installed a dredge pad and other equipment in preparation for dredging at a delta near Morrow Lake. The dredge pad is near the Krum Avenue production facility of Bell's Brewery, which has plans to expand in the commerce park.

Enbridge was ordered in March by the U.S. Environmental Protection Agency to do

in the Kalamazoo River as part of its cleanup from a

.

Comstock Township wasn't notified of the current project before preparation work on the dredge pad began, and several residents and business owners have expressed concern over potential pollution. Township Supervisor Anne Nieuwenhuis said she believes Enbridge is placing the dredge pad in the wrong location.

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Workers walk along the berm that held back oil from flowing into Talmadge Creek following the rupture of an Enbridge Inc. pipeline near Marshall in 2010.

The Bell's lawsuit, filed Monday in Kalamazoo County Circuit Court, says the planned dredging will "release pollution, hazardous substances, odor, dust and particulate" which could negatively impact brewery operations.

The complaint alleges Enbridge violated condominium covenants by failing to submit a site plan application before installing equipment. It also alleges that CCP, as developer of the commerce park, violated the Michigan Condominium Act by failing to disclose to the condominium association its intent to lease property to Enbridge.

Larry Bell, founder and president of Bell's Brewery, has met with EPA official about his concerns and spoke out against the dredging plans at a township meeting.

"The EPA doesn’t know what is in the sediment," Bell said July 9. "They don’t know what they are dredging up. They are going to put it next to my brewery and they don’t know what contaminants are there."

Enbridge is dredging at both the north and south ends of Morrow Lake, but halted work after the township requested the company submit a site plan application, which it filed July 9.

The next day, Nieuwenhuis sent a letter to the Michigan Department of Environmental Quality requesting that it deny Enbridge's permit for the dredge pad site, where material removed in the dredging would be stored until being taken away for disposal.

"Recently, the U.S. EPA ordered additional dredging activities in certain sections of the Kalamazoo River that must be completed by December 31, 2013," Enbridge spokesman Jason Manshum said. "Therefore, we leased property from CCP to use in order to comply with the Order. We are working with the owner of the property to address Bells Brewery concerns."

Enbridge’s request to place a dredge pad and water treatment facility in Comstock Commerce Park will be addressed by the Comstock Township Planning Commission at its meeting at 7 p.m. Thursday, July 25, which also marks the three-year anniversary of the oil spill.

This article was updated on July 25, 2013 to reflect statements from Enbridge Inc. Contact Ursula Zerilli at uzerilli@mlive.com. Follow her on twitter.