June 23, 2020
Tarek Buckmaster
EGLE Water Resource Division
Industrial and Storm Water Permit Group
PO BOX 30458
Lansing, MI 48909-7958
[Click Here for a PDF version of this Letter]
cc: (all via email)
D. Nessel (AG), N. Gordon (MDAG), T. Siedel (EGLE), P. Argiroff (EGLE), C. Alexander (EGLE), S. Sliver (EGLE), J. Russell (EGLE), C. Dijak (EGLE), R. Burns (EGLE), J. Schinderle (EGLE), E. Browne (EGLE), L. Lee (EGLE), L. Bean (EGLE), Mary Ann Dolehanty (EGLE), J. Olaguer (EGLE), Chris Ethridge (EGLE), Scott Miller (EGLE), R. Nix (Northville Twp), F. Shadko (Northville Twp), M. Banner (Northville Twp), S. Frush (Northville Twp), S. Heath (Northville Twp), M. Hermann (Northville Twp), C. Roosen (Northville Twp), M. Koleszar (State Representative), D. Polehanki (State Senator), S. Shinks (Washtenaw Co. Commissioner), E. Pratt (Washtenaw Co. Water Resource Commissioner), T. Eggermont (Washtenaw Co), B. Turnbull (Northville City), K. Heise (Plymouth Twp), M. Gallegher (NPS), C. Jankowski (NPS), K. Kucel (Wayne Co. Drain Commissioner), M. McCormick (Friends of the Rouge)
Re: Two NPDES Permit Applications Submitted by Advanced Disposal Services for the Arbor Hills Landfill Requesting to Modify Existing NPDES Permit Number MI0045713 Arbor Hills Remediation Area
Mr. Buckmaster,
Executive Summary
The Conservancy Initiative (TCI) is an environmental nonprofit 501c(3) corporation located in Northville Township with a mission to improve the environment by working with neighbors, government entities, area businesses, and community leaders to create a clean and safe place to live and work. TCI is very concerned regarding the two NPDES permit modification applications (MI0045713)[1],[2] submitted on behalf of Advanced Disposal Services (ADS) related to the Arbor Hills Landfill, Salem Township. We are writing to submit preliminary comments related to these applications and point out several potential compliance concerns which we believe need to be considered when addressing the applications. TCI requests to be notified if these permits move forward, requests to be copied on comments to ADS by EGLE, and be given the opportunity to provide technical comments. TCI recommends the permits be denied.
Advanced Disposal’s Compliance Record
Since 2016, the communities downwind of the Arbor Hills Landfill have been plagued with excess emissions and noxious odors that have resulted from the landfill operators failing to consistently comply with State and USEPA regulations established to protect the community and the environment. Environmental enforcement proceedings have been on-going at the landfill since 2016. Violations are continuing; there were at least 4 Violations issued to date in 2020 and 17 Violations issued in 2019. Currently, ADS is negotiating with the Air Quality and Materials Management (Waste) Divisions to reach a settlement. The Attorney General’s office is actively involved.
Several passages in the permit application are reminiscent of past exchanges with the landfill operators:
The application actually declares compost leachate is being used for dust suppression which is not allowed. ADS should be aware this is not allowed as EGLE included it in a Compliance Concern in 2018. A TCI member observed the ADS road watering truck entering and exiting the compost facility as recent as June 22nd.
The leachate containment dike at the compost facility was breached due to unusually heavy precipitation. EGLE cited deficiencies in the containment dike in 2018.
We have searched and could find very few instances of NPDES permits in the State of Michigan for the discharge of treated landfill leachate. None involving a cold water fishery. With a history of repeated air, water, and solid waste violation notices and no history of operating a water treatment system, what assurances are there that ADS is capable of operating a wastewater treatment system to treat landfill leachate prior to discharge to a cold water fishery? Odor violations and operating violations can be overcome. However, a breakdown in the treatment system for whatever reason, can cause irreparable harm to the trout stream.
Johnson Creek
Northville Township is blessed to have Johnson Creek wind through our community. It is the focal point of several area parks. Many residents and visitors enjoy visiting Fish Hatchery Park, hiking in Cold Water Spring Nature Area, or visiting the banks of Johnson Creek at any of numerous locations in the area. Johnson Creek has been featured in two articles recently in the “The ‘Ville, Northville’s News and Lifestyle Magazine[3] which document the importance of Johnson Creek to our community.
As reported by the ‘Ville, Johnson Creek is the last cold water fishery in Wayne County. The sustainable actions of EGLE, Township Public Works personnel, residents, and Nongovernment Organizations (i.e. - Alliance of Rouge Communities, Friends of the Rouge) have helped improve the health of both Johnson Creek and the Rouge River downstream. Despite these efforts, Johnson Creek and the Rouge River remain on Michigan’s list of Impaired Waters (Clean Water Act Section 303(d))[4],[5]. TCI is concerned the requested permit actions simply represent cost savings for the landfill, with little consideration for the sustainability of the streams. TCI believes the proposed changes will increase the possibility of mishaps, may jeopardize water quality, and the landfill has not considered all the possible alternatives (including the continuation of disposal of leachate offsite).
NPDES Permit Modification: Compost Pond - Arbor Hills Landfill
The need for this permit appears to have come about from the management (or mismanagement) of stormwater at the compost site. The permit application describes the compost facility:
The compost pad is sloped towards the Compost Pond so any direct precipitation that falls on to the compost pad will drain directly into the pond. …The Compost Pond does not have an outlet.
There is a natural stormwater retention area located immediately south of the Compost Pond. The Compost Pond and the low‐lying natural stormwater retention area are separated by a berm designed to prevent stormwater overflow from the retention area into the Compost Pond, vice versa. The low‐lying stormwater area does not have a natural outlet.
EGLE field staff indicated the berm separating the two ponds was breached this winter and ADS was informed that all waters were considered contaminated and must be handled as leachate[6]. The adequacy of the pond’s isolation was cited in a Compliance Concern dated 8-2-20184 (item 2). It is unclear if any corrective actions were taken to address this concern. The comingling of the two ponds has driven the need for this permit application. TCI believes several questions should be investigated and if appropriate, compliance actions may be necessary before this permit moves forward:
1) What actions, if any, were taken to upgrade the berm separating the Compost Pond from the Storm Water Pond as cited in the 8-2-20184 Compliance Concern?
2) Historic photos obtained from Google Earth (Attachment 1) indicated the two ponds have been comingled previously. The photo from the spring of 2017 shows a large flood of leachate contaminated waters. TCI encourages the EGLE Water Division compliance staff to verify how this contaminated water was disposed of? If water wasn’t disposed of, was it allowed to seep into groundwater at the site?
3) As stated in the permit application, precipitation appears to the naturally ponding on the site.
There is a natural stormwater retention area located immediately south of the Compost Pond…. The low-lying stormwater area does not have a natural outlet.
A review of property maps and USGS topography maps confirm there are no known tributaries that drain the site. USGS maps indicate wet areas near the location of the stormwater ponds (Attachment 2). TCI encourages EGLE to consider if additional wetlands should be designated at the site.
4) A recent Compliance Concern dated 8-2-2018[7] clearly states (Item 3) that water from the compost pond cannot be used for dust suppression. Only clean stormwater can be used for dust suppression. Advanced Disposal's permit application states compost pond water is being used for dust suppression.
6.1.3 Approximately 10,000 gallons of water is taken from the Compost Pond for dust control at the landfill operations during dry and warm days.
A TCI member observed the ADS road watering truck entering and exiting the compost facility as recent as June 22nd.
5) The permit application includes a review of Reasonable Alternatives and Best Management Practices. Best Management Practices to minimize stormwater running onto the pad must be in place and robust before the permit moves forward. Practices to minimize water run-on are not addressed.
6) The permit application is incomplete. The application does not specify the actual treatment processes or the discharge locations proposed to the utilized. The application does not adequately address antidegradation / antibacksliding requirements. ADS seems to be leaving the final design of the treatment system to EGLE.
NPDES Permit Modification: Arbor Hills East Landfill
There are two landfills at Arbor Hills. The leachate from Arbor Hills West is disposed at Ypsilanti Community Utilities Authority (YUCA) utilizing a longstanding agreement with the municipal sanitary sewer authorities. Disposal of leachate from Arbor Hills East (AHE) is more costly as it is collected separately and sent by tanker truck to a commercial disposal facility. The permit application states:
The current Wastewater Disposal Contract between ADS and YCUA prohibits the discharge of AHE leachate to the YCUA sewer system without the advance, written approval of YCUA due to the historical presence of polychlorinated biphenyls (PCBs) …
1. PCBs are a pollutant of significant concern for Johnson Creek. The Clean Water Act requires a Total Maximum Daily Load (TMDL) to be developed for Johnson Creek. Advanced Disposal and/or YCUA should be asked to provide historic PCB concentration information as there appears to be some history here. Treatment strategies proposed for PCB removal must be proven technologies and designed for worst-case scenarios.
2. The permit application is incomplete. The application does not adequately address antidegradation / antibacksliding requirements.
3. ADS has not considered possible alternatives. TCI believes the best disposal option for the landfill leachate is utilizing a Public Owned Treatment Works (POTW) which preferably discharges into a large waterway capable of buffering the impact (i.e. Great Lakes Water Authority or Ypsilanti Community Utilities Authority). Expansion of an existing or construction of a new POTW in the area could provide additional social and economic benefits to the community and allow costs to be shared. Below are some options which could be investigated:
1) A Public Urban Development (PUD) of 500+ homes is planned for the south end of Salem Township. State grants which were to fund a sewer line to YCUA but are being delayed.[8] A partnership with Advanced Disposal may be a win-win solution.
2) Alternatives may exist to build a new Publicly Owned Treatment Works in partnership with a developer to service the landfill and PUD.
3) Expansion of the Hamlet of Salem POTW to accommodate the landfill.
4) Do nothing. ADS has been operating with trucked off-site disposal of leachate from Arbor Hills East for many years. The estimated cost savings do not seem substantial enough to risk the quality of Johnson Creek. ADS should be encouraged to consider using the potential savings to fund an alternative source similar to the suggestions above.
The Western Wayne County communities anticipate EGLE will keep the public involved at every step of this controversial permit requests. Please feel free to contact The Conservancy Initiative with questions at any time.
Sincerely,
/s/
Dave Drinan
Director, The Conservancy Initiative
ddrinan@theconservancyinitiative.org
Attachment 1
Various Photos and Maps of the Compost Facility
Available Electronically - Click Here
Attachment 2
USGS Maps of the Compost Facility
Available Electronically - Click Here
[1] NPDES Permit Modification: Arbor Hills East Landfill, April 3, 2020, Environmental Resources Group, Prepared for Advanced Disposal Services
[2] NPDES Permit Modification: Compost Pond - Arbor Hills Landfill, April 3, 2020, Environmental Resources Group, Prepared for Advanced Disposal Services
[3] The ‘Ville, April 2020, Vol 3, Issue 4, pgs. 16-18 and The ‘Ville, June 2020, Vol 3, Issue 6, pgs. 8-9
[4] Overview of Identifying and Restoring Impaired Waters under Section 303(d) of the CWA, USEPA
[5] Water Quality and Pollution Control in Michigan Sections 303(d), 305(b), and 314 Integrated Report, Michigan EGLE (see Appendix B2 pages 2770-2771)
[6] Summary of Meeting on 3-10-20, Downloaded from MIWaters
[7] State of Michigan, Department of Environmental Quality, Jackson District Office, CC No. CC-001168
[8] Washtenaw County communities at odds over sewer line project, MLive, Jan 3, 2020