Michigan’s Attorney General (AG), Dana Nessel, and the Director of Michigan’s Department of Environment, Great Lakes, and Energy (EGLE), Liesel Clark, announced that a settlement has been reached with the Arbor Hills Landfill. The settlement resolves the lawsuit between the landfill and EGLE which the AG began in October 2020. The lawsuit was brought to force the landfill to comply with state and federal regulations governing landfill operations. The landfill’s continuing non-compliant operation was resulting in excess emission and noxious odors in the communities downwind of the landfill.
The settlement comes in the form of a Consent Judgement issued in Michigan’s 30th Circuit Court and was the result of more than a year of negotiations between the landfill owner, Green for Life (GFL), and EGLE. At the heart of the Consent Judgement are detailed practices that GFL has agreed to implement to comply with applicable regulations and should significantly reduce unnecessary emissions and odors from the landfill. The Consent Judgement contains hard deadlines for implementation of all requirements and stipulated penalties of up to $2,000 per day per violation.
Below are some highlights that GFL has agreed to in the Consent Judgement:
Operate a weather station and a network of air monitors along the landfill perimeter to detect hydrogen sulfide and methane emissions before they reach the neighboring subdivisions and cause a nuisance. A public website with data gathered by the air monitoring stations must be operational within 60 days. It is not clear how often the data must be refreshed.
Air monitoring station recently installed on perimeter of the Arbor Hills Landfill
Retain a certified professional engineering firm, at least quarterly, to evaluate the landfill grade and landfill cover, and recommend corrective actions to maintain adequate landfill cover and minimize liquid infiltration. Proper landfill cover is essential to cap landfill emissions and prevent liquids from infiltrating the landfill and creating additional toxic leachate.
Inspect all gas wells (400+) at least twice a month and install and repair pumps in the gas wells based on a quarterly review performed by another engineering firm to ensure the wells are not flooded and are working properly.
Perform monthly measurements of landfill gas emission at the landfill surface. All landfills are required to perform these emission scans quarterly. The increased frequency is designed to detect and correct landfill gas leakage quicker. GFL may elect to use drones to aid in the completion of these scans.
Operate a Household Hazardous Waste (paints, oils, chemicals, etc.) collection site free of charge for residents of Northville Township, City of Northville, and Washtenaw County for the next ten years.
The Conservancy Initiative has begun reviewing the Consent Judgement in detail and will provide updates as we become more familiar with the document. EGLE will be holding an informational town hall in the near future to answer our questions and address any concerns. The Conservancy Initiative will attempt to work with EGLE to gather questions from the community before the informational town hall.
This settlement is a major step forward for residents of Northville Township, the City of Northville, and Plymouth Township. The Consent Judgement is not a guarantee of odor-free landfill operations. Paraphrasing an EGLE employee who was involved in the Consent Judgement negotiations,
“The Consent Judgement contains the tools needed to ensure the landfill is compliant. We now need to watch the landfill closely and enforce the Consent Judgement if it is not followed.”
It is very important for residents who live downwind of the landfill to remain vigilant and to report landfill odors whenever they become excessive.
Although The Conservancy Initiative is very hopeful GFL will correct the issues at the landfill we remain skeptical and will be keeping a close watch on their operations going forward. Our skepticism is based on our recent history with the Arbor Hills Landfill operators. Attachment 1 is a summary of recently settled and currently active environmental lawsuits and/or enforcement actions we are aware of. These enforcement actions are a direct result of the environmental awareness and activism in our community. Please keep up the strong work.