May 20--A south Charlotte homeowner has sued a South Carolina pulp and paper mill whose fumes have sickened residents in the Carolinas for many months.

Kenny White, who lives off Rea Road in the Ballantyne area, filed the private-nuisance, class-action lawsuit against New-Indy Containerboard of Catawba, S.C, in federal court in Rock Hill on Tuesday.

New-Indy is a joint venture between New England Patriots owner Robert Kraft's holding company, the Kraft Group LLC, and Schwarz Partners LP, according to the lawsuit.

The lawsuit seeks at least $5 million in compensation for the harm the mill has wreaked on residents.

White's legal team includes Columbia lawyer Richard Harpootlian, a Democratic member of the South Carolina Senate and former chair of the South Carolina Democratic Party.

The lawsuit claims New-Indy has polluted areas of the Carolinas with "noxious and harmful hydrogen sulfide emissions."

Hydrogen sulfide, is a colorless and flammable gas known for its pungent "rotten egg" odor at low concentrations, according to the federal Occupational Safety and Health Administration. It is highly toxic, OSHA says, and is used or produced in several industries, including oil and gas refining, and pulp and paper processing.

New-Indy intentionally stopped using pollution-control devices and instead sent "all foul condensate to open-air lagoons," according to the lawsuit.

The company "knew or should have known a nine-fold increase in pollution in the open-air lagoons would damage public health ... New Indy did so anyway because it was motivated by money," the lawsuit alleges.

A company spokeswoman didn't immediately reply to a request for comment by The Charlotte Observer on Wednesday afternoon.

The lawsuit cites various government agencies that have found New-Indy responsible for the emissions wafting into neighborhoods in both states.

EPA findings

Last week, the U.S. Environmental Protection Agency ordered New-Indy Containerboard of Catawba which is just southeast of Rock Hill to immediately lower hydrogen sulfide emissions and monitor the air in communities surrounding the plant, according to an EPA news release.

Residents in areas along the state line have said the pungent odor has infiltrated their homes, causing headaches and sore throats, according to posts on a Facebook page dedicated to the odor.

The EPA also will begin monitoring the air in the greater Rock Hill area and into North Carolina this week, as requested by various state and local agencies and the Rock Hill-based Catawba Indian Nation, EPA officials said.

In a statement Friday, mill manager Tony Hobson said the plant "strives to be a good member of the community" and saved more than 450 manufacturing jobs and created 1,000 construction jobs during the COVID-19 pandemic.

New-Indy, he said, continues to try to determine the source of the odor "and resolve the issues relating to the odor emanating from our plant."

"We are committed to the safety of our 420 local employees and the surrounding area; protecting the environment; promoting economic vitality; and charitable giving to support great local causes," Hobson said.

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