View the video of the Attorney General’s Presentation
Dana Nessel - “… either they come into compliance or they are going to have to shutdown…”
The Conservancy Initiative Areas of Concern
Protect Johnson Creek
The landfill had applied for two permits which would allow the landfill leachate to be discharged to the areas only Cold Water Trout Stream, Johnson Creek. The groundwater at the site is contaminated with PFAS chemicals. The Conservancy Initiative is happy to report these controversial permit applications have been put on hold. We believe the landfill was surprised by the overwhelming opposition to these permit applications and has placed them “on hold” to avoid the permits being denied. The Conservancy Initiative continues to activity work with community leaders and local media to organize an effective opposition to the landfill’s plans.
Landfill’s Controversial Johnson Creek Permit Applications are Put “On-Hold” - Aug 20
Northville Township Submits Comments Opposing Landfill Discharges to Johnson Creek - June 26
The Conservancy Initiative Submits Comments on Johnson Creek Permit Applications - June 23
Advanced Disposal Requests Permission to Pump Leachate to Johnson Creek - May 27
PFAS Contamination Found at the ADVANCED DISPOSAL Arbor Hills Landfill - April 2
Non-Compliance Results in Lawsuit
On October 23, 2020 the Michigan Attorney General, Dana Nessel announced her office had filed a lawsuit against Advanced Disposal Services (ADS), the owner and operator of the Arbor Hills Landfill, for failing to comply with State and Federal Regulations and endangering the public health, safety, and welfare of residents living in the shadow of the landfill. There are twelve (12) counts in the lawsuit which cite numerous violations, some of which occurred as recently as September 23, 2020. The twelve counts summarize the violation notices which have been issued over the past several years. The lawsuit specifies penalties of up to $10,000 per violation per day. The lawsuit is necessary as ADS has not been willing to voluntarily accept and implement the compliance plans and penalty proposed by EGLE. Although The Conservancy Initiative is hopeful the lawsuit will be quickly settled and implementation of the EGLE’s compliance plan can begin, there is a chance these matters can drag on with a formal court trial.
Stop Landfill Expansion
The landfill is permitted to grow to a height of 400 feet and has reached approximately 350 feet as of 2020. Click Here for map of elevations. The latest available annual Report of Solid Waste Landfilled in Michigan estimates the remain capacity at 7 - 8 years using 2019 data. The landfill owns the land directly north of the existing landfill and requested a permit to expand in 2016 before withdrawing their request due to community pressure. The Conservancy Initiative is preparing to oppose any requests to expand the landfill and needs the help of the community to stop any expansion. We continue to support Northville Township’s efforts to modify state regulations which would have effectively blocked an expansion and we continue to educate community leaders to assist with our efforts to oppose any expansion.
PFAS Groundwater Contamination
PFAS chemicals were found in the groundwater samples taken as part of a state wide investigation of groundwater at landfills. The PFAS contamination may have resulted from the use of fire fighting foam during a 2016 fire or from mishandling of leachate at the landfill. Advanced Disposal proposed discharging PFAS impacted stormwater which has been held on site since the 2016 fire to Johnson Creek after treatment. The Conservancy Initiative opposes the use of Johnson Creek to dispose of PFOS impacted materials, especially episodically generated material (i.e. - fire fighting residuals). The Conservancy Initiative will continue to closely track any PFAS developments. Click Here for Michigan Department of Environment, Great Lakes, and Energy’s web page describing the Arbor Hills contamination.