February 3, 2020
To: D. Nessel, L. Clark (EGLE), M. Dolehanty (EGLE), J, Schinderle (EGLE), S. Miller (EGLE), L. Bean (EGLE), R. Nix, F. Shadko, M. Banner, S. Frush, S. Heath, M. Hermann, C. Roosen, M. Koleszar, D. Polehanki, S. Shinks, E. Pratt, T. Eggermont, B. Turnbull, K. Heise, M. Gallegher, C. Jankowski, D. Kindig (ADS), A. Testa (ADS)
Re: An Open Letter Regarding the Arbor Hills Landfill
Dear Community Leader,
The Conservancy Initiative (TCI) has been collecting community odor/emission complaint data submitted by local residents related to the Arbor Hills Landfill since February 2018. This data is used to alert the landfill and community leaders of issues at the landfill. Recently, TCI began publishing monthly metrics to measure the Odor Performance of the Arbor Hills Landfill. TCI believes these metrics are a valuable tool to measure the effectiveness of actions taken to correct the continuing non-compliance issues at the Arbor Hills Landfill. TCI is interested in additional performance measurement tools (e.g., emission monitors) if and when made available by the landfill operator.
TCI encourages all community leaders to visit The Conservancy Initiative Website (https://www.ConservancyInitiative.org) for additional information.
Data is scrubbed to remove invalid complaints (this is rare), multiple complaints made from the same household on the same day, and complaints that can be attributed to other sources (e.g., Consumers Energy). The table above shows a large percentage of complainants only make one complaint per month
Odor Complaint Trend - Click Here for a pdf version
The number of odor complaints is trending up even after significant investments have been made at the landfill. Please contact The Conservancy Initiative if you have any questions or would like a detailed review of this data.
Actual Data Taken from Odor Report: January 31st Odor Event
On January 31st light winds (<5 mph) from the Southwest and an apparent problem at the landfill resulted in 50 odor complaints from residents mainly Northeast of Arbor Hills. Noxious odors were detected 2 - 3 miles away. TCI requests that landfill management take responsibility for incidents like this and inform the community of the issue, what corrective actions are planned and anticipated timing to resolve the issue.
Odor Complaints on January 31, 2020. Pins represent odor complaints received on January 31st (mainly in the evening) - Click Here for pdf version
The Conservancy Initiative’s requests - What can be done?
EGLE is best equipped to develop corrective actions to bring the landfill into compliance. Advanced Disposal should be given a hard deadline to agree to EGLE’s corrective actions and settlement proposals. EGLE must insure any settlement contains rigorous corrective actions with timelines and stipulated penalties for non-compliance, including penalties for community odors.
If a settlement cannot be reached the Attorney General must move forward with a lawsuit to force compliance.
TCI believes legal actions are overdue with respect to Fortistar, who has been in willful non-compliance with SO2 emission limits since at least mid-2015.
TCI implores Advanced Disposal to improve community relations. We ask that ADS take ownership for events like Jan 31st and communicate corrective actions.
TCI encourages EGLE to promptly schedule community odor surveys whenever odor complaints spike, similar to January 31, and issue Violation Notices as appropriate.
Neighboring communities to landfills should have input and decision rights into landfill placement and expansion given the impacts on neighboring communities (e.g., emissions, odors, groundwater issues, litter, noise, truck traffic, etc.)
All community leaders should pledge to oppose any landfill expansion based on the historical non-compliance at this site.
Respectfully,
The Conservancy Initiative
https://www.ConservancyInitiative.org
Download a pdf version of this letter