To: (by email)
[EGLE] J. Russell, A. Hendershott, T. Myers, S. Kammer, C. Alexander, T. Buckmaster, M. Konieczki, M. Steffler, R. Burns, C. Dijak, M. Fabar, B. Coulter, C. Ethridge, S. Miller, L. Bean, J. Camilleri
[Northville Township] M. Abbo, C. Rossen, C. Jankowski, B. Belair
[Plymouth Township] K. Heise
[City of Northville] Brian Turnbull
[YCUA] S. Mullapudi
[State Legislators] D. Polehanki, M. Koleszar, J. Irwin, D. Lasinski
[The Conservancy Initiative] R. Lassel, D. Horan, R. Mummineni, J. Cordina
[Friends of the Rouge] M. McCormick
From: David Drinan
Date: May 11, 2021
Subject: Arbor Hills Landfill – Water Environmental Topics
<CLICK HERE> for pdf version
There have been several alarming events at the Arbor Hills Landfill (AHL) which The Conservancy Initiative (TCI)[1] believes are a threat to the long-term health of our area’s only cold-water stream, Johnson Creek. The most alarming event involves the discharge of PFAS[2] contaminated stormwater to Johnson Creek for over a year.
Two samples of the main stormwater detention pond located near Napier Road north of the railroad tracks taken on 4/2/2020 contained 94 ng/l and 400 ng/l of PFOS. Michigan Rule 57 limits for PFOS in surface water (non-drinking water) to 12 ng/l. This stormwater pond regularly drains to Johnson Creek. It is assumed this condition is continuing until additional sampling is conducted.
This questionable discharge should have been addressed when the stormwater pond was sampled in April 2020 but was not. TCI only became aware of it over a year later and immediately notified the Department of Environment, Great Lakes, and Energy (EGLE) Jackson District Office. Now, two weeks after making our notification, we have been alerted that EGLE is in the process of issuing a violation notice to AHL, but we are not aware of any responses taken by AHL. EGLE will require an Administrative Consent Order (ACO) to define the corrective actions and the timing for AHL to reduce PFAS concentrations being discharged to Johnson Creek. Given the urgency of the situation, we would like to provide you with a short summary of the AHL environmental compliance record as it relates to water-specific environmental concerns and our recommendations to address these concerns. Further details are available through the link at the end of this memo.
Summary of Issues and The Conservancy Initiative’s (TCI’s) Recommendations
PFAS Contamination
Groundwater contamination at the Arbor Hills Landfill (AHL) was discovered during the Summer of 2019 and disclosed to the community in March 2020 during a townhall presentation. Two ponds on the south end of the property have been contaminated with PFAS chemicals since November 2016, but were not part of the townhall presentation with the community.
In April 2020, PFAS contamination was found in the main stormwater detention pond which regularly discharges to Johnson Creek. The release to Johnson Creek was disclosed in April 2021 (a full year after the initial sample date) when TCI gained access to a report submitted to EGLE by Arbor Hills. The release was never disclosed by Arbor Hills nor were any response measures taken. This level of neglect and mismanagement is unacceptable given the environmental implications.
TCI’s Recommendations
Immediately take action to eliminate the discharge of PFAS to Johnson Creek and begin remediation actions.
Arbor Hills has proposed using contaminated waters as dust control or irrigation water on the landfill. TCI strongly opposes this proposal. Contaminated liquids applied to the landfill cover may runoff the landfill and enter Johnson Creek.
Enforcement actions must be initiated against GFL for the not reacting to the PFAS releases to Johnson Creek. The PFAS releases to Johnson Creek were either very negligent or knowing violations and should be enforced as such.
Provide the community timely transparent updates on remediation actions. TCI would be willing to assist with community updates.
Environmental Oversight / Enforcement
The Water Resource Division (WRD) of the Department of Environmental, Great Lakes, and Energy (EGLE) divides their responsibilities by environmental media (groundwater, surface water, stormwater, PFAS, emerging contaminates, NPDES permits, etc.). This approach is further complicated as the Arbor Hills Landfill discharges water in two counties, which results in involvement from two different district offices. There have been 8 - 10 WRD professionals involved with this complicated site.
Several of the important decisions being made involve Northville Township, Ypsilanti Community Utility Authority (YCUA), EGLE WRD, and GFL, but decisions are not being made with all parties represented nor fully informed of the situation and issues involved.
TCI’s Recommendations
The WRD should regulate the landfill out of the Jackson District Office and should designate one supervisor in the Jackson Office to coordinate and lead all WRD activities related to Arbor Hills. WRD should consider a regularly scheduled meeting to update community and Northville Township leadership.
EGLE WRD must assume the lead regulatory agency role and ensure all stakeholders are represented during decision-making meetings.
NPDES Permit MI00045713 (Permit allows discharge to Johnson Creek)
A slurry wall was installed around the eastern perimeter of the unlined Arbor Hills East portion of the landfill to prevent waters which leak through the landfill (i.e. leachate) from leaving the site. AHL pumps groundwater from two wells (gradient control wells) located just inside the slurry wall. The purpose of the gradient control wells is to ensure groundwater is flowing towards the landfill to prevent contamination from leaving the landfill (we welcome a better explanation from the landfill or EGLE staff).
Water from the gradient control wells is pumped to a water treatment facility located just east of Napier Road (referred to the as the Remediation Site). The remediation site treatment facility consists of two large lagoons which are used to treat (mainly aerate) and store water before discharging to Johnson Creek.
This permit expires October 1, 2021. AHL has applied to renew this permit.
TCI’s Recommendations
EGLE should modify the NPDES permit immediately to include monitoring requirements for PFAS and PCBs as both materials are suspected to be present. The groundwater being collected is essentially dilute leachate since the landfill in not lined.
Sanitary Sewer Capacity
The sanitary sewer agreement between AHL and Northville Township allows for up to 110,000 gallons per day of leachate to pass through the Township Sanitary Sewers in route to the YCUA treatment facility in Ypsilanti. The agreement will expire in 2032.
TCI Recommendations
This agreement should not be extended. The sanitary sewer is an asset to Northville Township and tax-paying entities within Northville Township. A sanitary sewer agreement should not be made available to an undesirable business located outside of the township (and county).
Northville Township should take steps to solidify the deadline in this agreement. The sanitary sewer connection improves the cost efficiency of the landfill. Without access to the sanitary sewer, a new or expanded landfill may not be viable.
AHL has requested additional capacity in the Northville Township sanitary sewer. The capacity increase should only be granted on a temporary basis and only if in the best interest of Northville Township and its residents (e.g., commitment for no new landfill and no further expansion of the existing site, monetary commitment, etc.)
We welcome discussing any of the above recommendations with you or any members of your team at your convenience. We look forward to working together with you in the future.
Regards,
/s/
David Drinan
Vice President, The Conservancy Initiative
https://conservancyinitiative.org/
<Click Here> For a more detailed discussion of these topics.
[1] The Conservancy Initiative (TCI) is a non-profit organization working on behalf of our local community and the environment, with a broad following of residents primarily in Northville Township, Plymouth Township and the City of Northville who are concerned the systemic noncompliance at the Arbor Hills Landfill. We believe AHL is a threat to the local environment, the health of our community, and threatens to destroy some of the best places to live in Michigan.
[2] PFAS refers to a large family of chemicals, Per- and polyfluoroalkyl substances which are man-made chemicals that includes PFOA, PFOS, GenX, and many other chemicals. PFOS refers to a specific chemical, Perfluorooctane sulfonate, which is a regulated in Michigan as a water contaminate.