Summary of Meeting With Advanced Disposal on August 30, 2019

This is a summary of a meeting with Advanced Disposal Services arranged by the Northville Township Supervisor to follow-up on a sudden increase in community odor complaints. The meeting was held at the landfill on August 30th and was attended by Bob Nix, Tom Handyside and Dave Drinan from Northville Township. ADS was represented by Brian Sanders - the new landfill General Manager, Anthony Testa - Environmental Manager, Todd Whittle - ADS Regional Manager (i.e. Brian’s Boss), Deb Muchmore - ADS Public Affairs/Gov't Affairs. The ADS team reported that Mark Johnson has left the company and Brian Sanders is his permanent replacement.

We spent a lot of time talking in the office. The ADS team certainly tried to say all the right things. “They can’t fix the past but they are committed correcting things in the future…, they have fixed problems like this in other locations …., this is fixable …, this will take some time, be please be patient …, etc.” Unfortunately, none of the projects that Mark Johnson confidently announced would reduce odors during his presentation to the Northville Trustees on June 20th have been completed, even though his presentation committed to completion by now. It was very refreshing to hear Bob Nix tell ADS that they are out of time. Bob told ADS several times that the community is tired of hearing of all the great things the landfill is doing but never sees odors improve. There is no more time - ADS must fix the problem! The goal is to return to the pre-2016 performance levels of only a handful of nuisance odor complaints per year.

ADS stated they have a contractor mobilizing next week to begin working on several gas improvement projects and is expected to be working on-site for approximately 45 days. The problem is that much of this work is the projects that Mark Johnson presented to the Northville Trustees with completion dates of July and Mid-August. Mark over-promised at the trustee meeting.

After the office meeting, ADS took us on a driving tour of the landfill where we observed several project areas. Brian also pointed out their attempts to minimize odors from the working face of the landfill. A significant amount of soil has been brought to the site for both interim and daily cover. ADS has stopped using alternative (i.e. - composite) materials for cover. Additionally, while driving, Anthony and Brian noticed a defective gas well pipe connection which was venting landfill gas and immediately called for site personnel to address the situation.

Below are descriptions of each project discussed and/or observed.

1)      Recent Odor Issues - ADS explained how they have found 3 gas recover wells on the north side that have lost vacuum (they cannot pull gasses out resulting in gases venting to atmosphere). These wells are horizontal wells in a newer section of the landfill that have failed (crushed, pinched, broken, etc.). The fix is to excavate into the landfill and repair the wells. We had a very quick tour of the excavation that was taking place to make the repairs. Repairs were expected to be completed by the weekend.

 It was encouraging to hear ADS take ownership for the recent odor complaints. They obviously conducted an investigation and found the 3 failed wells. We stressed that they need to find ways to prevent the well failures or at least have quicker responses to the failures.

 2)      New Gas Extraction Wells - Beginning next week a contractor will be adding several new gas extraction wells. This is normal landfill work that is required by the landfill’s permit. The landfill performs scans of the surface at least twice a year. Areas with identified gas leaks (potential odor sources) must be addressed. Normally this means additional cover or a new gas extraction well. This work is expected to take about 1 week.

 3)      TSO1 sump - This is one of the projects on Mark Johnson’s list and will begin after the wells are completed. A permanent enclosed sump (should eliminate venting) is finally being installed to capture this large leachate seep (~15,000 gallons per day). It is now being captured in an open pit and transferred into portable tanks (frac tanks). ADS has started treated the leachate to reduce odors and has installed carbon filters on the tank vents to reduce odors. The treatment involves aeration and the addition of sodium hypochlorite which has proven to reduce odors in the leachate. The sump installation should take about 5 days.

The odors we smelled around TSO1 and the leachate tanks were very distinct H2S odors. Rotten eggs. These did not appear to be the odors we normally have smelled in the community the past several months.

4)      West Haul Road Drainage - The storm drain along the west haul road has failed which is allowing landfill gas to leak into the storm drain system and eventually vent. The odor we smelled in this area was the rank sewer gas odor that is present in the community at times. Hopefully, the completion of this project will greatly reduce community odors.

 ADS has materials on-site to replace 3400 feet of drainage pipe. The contractor believes they can complete approximately 200 feet per day. There is a likelihood of increased odors in the community as the old pipe is excavated and replaced. ADS told us they can keep us up to date on their progress.

 5)      High Temperature Landfill Event (HTLF) - ADS is in the process of conducting downhole testing to determine actual temperatures at different depths of the landfill. Previously, temperatures were determined based on the gas temperature being extracted from the well. Based on their test results, ADS does not believe they have a HTLF event and is using this data to convince EGLE there is not a HTLF. EGLE has been witnessing the downhole testing. ADS has no additional actions planned (beyond the downhole temperature study) to address the potential HTLF. The downhole temperature study should be completed in mid-September. We will follow-up with EGLE.

 6)      Leachate Treatment System - A treatment system will be installed at the main leachate tanks near the landfill entrance (Railroad tracks and Napier Rd). Components of the new system are on-site but are not yet installed. The system will include sand filters, hypochlorite addition, some sort of resin ion exchange filters (think water softener) and carbon filters which is designed to remove PFAS type contaminants. The system is designed by ERG (local consultant) and ADS promised a better explanation of the process. The main purpose of the leachate treatment system is to improve the quality of the leachate to allow ADS to reduce their disposal costs. This is not an odor control project. These improvements will be the last project the contractor works on.

We observed all that all the tank vents at the leachate storage tanks are now vented through carbon filters which is odor control action. This is a good and cheap action to reduce odors from the tanks and should have been done long ago. Anthony told us ADS will also be adding a blower to pull the vapors from the large leachate tank through a carbon filter when the leachate treatment system is installed. This should be an improvement from the current passive carbon filters.

ADS also reported they are close to an agreement with Fortistar to take over the complete management of the landfill gas collection and delivery system. Fortistar will retain the actual energy plant.

The ADS team offered our team follow-up tours at any time and will provide updates on the status of these projects.

House Dems Fight Corporate Pollution - August 21, 2019

At the invitation of State Representative Matt Koleszar, Ralph Lassel was in attendance for this press conference as the representative of The Conservancy Initiative (TCI). TCI acknowledges and appreciates Rep. Matt Koleszar's leadership and efforts with respect to this legislation.

Personally, I love Matt's quote: "Every person in this state, no matter their zip code, deserves the freedom to step outside and breathe clean air"

See the link below for the full press release

The Fight to Stop Arbor Hills is Alive and Kicking - July 30, 2019

Thank you for your continued support for The Conservancy Initiative.  We would like to provide everyone an update on the activities of TCI and at the landfill. 

Leadership Change at The Conservancy Initiative  

The board of directors of the TCI elected Ralph Lassel to be the new President replacing Tracey Birkenhauer. Ralph is a long time resident of Northville and was serving as the Vice President this year. Here is the current leadership team supporting Ralph:

  • Raj Mummineni - Treasurer

  • Jenny Cordina - Secretary

  • Dave Horan - Director

We will be looking to fill another vacant Director position soon. If you are interested in joining the board, please send a note to Salemtownshipdump@gmail.com 


The Conservancy Initiative stays in regular contact with both EGLE (formerly the MDEQ) and EPA to monitor the status of the enforcement proceedings and to lobby for a favorable outcome. Although the process is slow, we have successfully used Freedom of Information Act (FOIA) Requests to gain access to critical information in EGLE and EPA files.  The Conservancy Initiative is insisting on compliance with all environmental permits and regulations. We believe compliance will reduce off-site odors.


There has been a lot of activity, but it is sometimes difficult to determine exactly where things stand as both the landfill operator, Advanced Disposal, and the operator of the landfill gas to energy plant, Fortistar, have active enforcement actions with both EGLE and the USEPA. The enforcement proceedings are held confidential until a settlement is reached. 


Fortistar (sometimes referred to as Arbor Hills Energy)  

  • Fortistar has been out of compliance with its SO2 emission limits since at least 2015. Fortistar has attempted to rectify the non-compliance requesting increases to their allowable SO2 limits as opposed to installing sulfur removal equipment. Other Michigan landfills (Riverview Highlands, Pine Tree Acres and others) have installed equipment to remove sulfur and reduce SO2 emissions. The requested permit modifications have all been denied by EGLE due to the permit applications being incomplete. 

  • Although we cannot verify the current status with certainty, we believe the Fortistar enforcement case is being forwarded to the US Department of Justice for resolution (DOJ). EPA and EGLE would be joint litigants.  

  • If the case is sent to the DOJ, they will make one last attempt to reach an out of court settlement before litigating. Any settlement must include installation of sulfur removal equipment and monetary penalties. 

  • It is important to note 2 things:

    • The excess SO2 emissions are probably not the source of noxious odors from the landfill. The SO2 emissions are less than a steel mill, a power plant, or some factories and SO2 has an odor of a burnt match.

    • Nothing is certain. We will continue to monitor the agencies and keep you posted. 


Advanced Disposal 

  • The EGLE has levied numerous violations on Advanced Disposal this year. The violations are wide ranging, serious and too many to elaborate on in a short update. One of the results of the noncompliance has been odors in the downwind community. 

  • The Conservancy Initiative’s goals are to reduce odors by requiring compliance with all permits and environmental regulations. We believe compliance with environmental regulations will result in significantly less odors.  

  • Mark Johnson is the new landfill manager. Mark gave an optimistic presentation at a recent Northville Trustee Meeting. Working with EGLE, Advanced Disposal has developed corrective actions for several areas of significant odor potential and has begun to address them. Advanced Disposal reports the projects addressing these potential odor areas should be completed this summer.  

  • Although there is still a steady flow of odor complaints, the complaints have been decreasing. EGLE personnel caution that any decrease in the number of odor complaints may be more a result of weather conditions than due to improvements at the landfill. EGLE inspectors believe there still is a high potential for odors although operations at the dump are improving.

  • Advanced Disposal has been meeting with EGLE on a regular basis to develop corrective actions for the violations identified by EGLE (including the active High Temperature Landfill Event). 

  • We expect EGLE to present Advanced Disposal with a proposed consent order this summer. Hopefully EGLE and Advanced Disposal will be able to agree on a consent order. We believe Advanced Disposal is motivated to settle these issues. They realize an expansion request cannot move forward until these issues are settled. 

  • If they cannot reach an agreement on a consent order, EGLE plans on sending the case to the Michigan Attorney General’s Office. EGLE has kept an AG office attorney involved in the proceedings just in case. 

  • The enforcement action with the EPA is a separate case and is much further along. The EPA settlement was actually negotiated in 2016 and required significant improvements be made to the landfill Gas Capture and Collection System (GCCS). These improvements were made in 2017 and 2018. The improved GCCS is capturing and treating 25% more landfill gas than in 2015. Through FOIA Requests we have learned that a settlement in the EPA enforcement may be near. A financial penalty may be announced later this summer. 

  • Often times, environmental violators are asked to invest on projects to benefit the community rather than pay fines and penalties to the government. The Conservancy Initiative has made clear to both EGLE and EPA that we concur with this direction and that a primary community project is air quality monitoring downwind of the landfill. 


Final Thoughts on Enforcement Actions - Lawsuit

  • The Conservancy Initiative believes the best way to reduce odors from the landfill is for the regulatory agencies to require compliance with all environmental permits and regulations. We believe compliance will reduce off-site odors. 

  • The Clean Air Act (CAA) allows citizens to bring lawsuits and collect damages for non-compliance in the event regulatory agencies are not forcing compliance. The Conservancy Initiative is investigating its options in terms of suing the landfill operators. We continue to seek legal counsel to determine the best path forward. We have retained a reputable environmental law firm to assist us in this regard. The donations raised earlier in the year helped support this initiative.

  • If we do decide to move forward with a full fledged lawsuit, there will be costs associated with it. We will need support from the community. To be very clear, we will need SIGNIFICANT MONETARY DONATIONS from hundreds of people in order to cover the costs of a lawsuit. Please consider a donation to the Conservancy Initiative.


Northville Township Landfill Working Committee and TCI’s support

  • The township has formed a committee made up of a cross-section of residents as well as several township trustees and TCI to share information and develop strategies to address landfill issues. 

  • The goals of the committee are to block future expansion of the landfill and work with the landfill and EGLE to reduce odors to pre-2015 levels (i.e. – odor complaints almost non-existent).

  • The committee has had some disagreements, but we are working through them. All in all, this is a very positive step. The township has insight into Lansing legislators and ideas for new legislation to block the landfill expansion. We need to work together. This is much better than getting 3 minutes at the podium during a Trustee meeting.

  • If you see any of the Northville Township Trustees thank them for this committee. Bob Nix, Fred Shadko, Symantha Heath attend every meeting. 

We will be reaching out to you, our supporters, in the near future with ideas and asks to get involved and support our ongoing objectives.


DUMP CONFIRMS HOT TEMPS SINCE ’16 - April 26, 2019

Advanced Disposal responded to MDEQ’s latest violation letter regarding the High Temperature Landfill (HTLF) event. We have not seen a response from Fortistar, but suspect Advanced is taking the lead on this issue.

View abridged response | View full response

The response letter appears to be written by a different author or editor. The new landfill manager, Mark Johnson, seems to be getting his feet on the ground and taking charge. In the letter, Advanced Disposal takes exception to some of MDEQ’s claims in the Violation Notice.

…we must respectfully disagree with certain statements in the VN [violation notice] regarding when AQD became aware of elevated landfill temperatures, the timeliness of diagnosis and implementation of corrective actions by Arbor Hills, the elevated temperature event not being contained, and ramifications associated with these temperatures

Advanced presents evidence that MDEQ Air Quality Division (AQD) was alerted to high gas collection and control system (GCCS) well temperatures in an isolated section of the landfill in May 2016, understood the cause of the high temperatures and took corrective actions at that time.  

This area of the landfill has exhibited elevated temperatures since May 2016, which AQD has been aware of since at least November 2016 as indicated in AQD’s HOV approval letter to BFI… dated December 2, 2016.

…Arbor Hills also communicated the elevated temperatures seen in gas wells in this area of the landfill are believed to be due to the non-methanogenic degradation of a special waste stream previously accepted at the landfill.

Terminating acceptance of this special waste stream, the source of the elevated temperatures, was a timely corrective action taken by Arbor Hills.

Advanced Disposal believes their corrective actions have been effective in containing the HTLF event as the HTLF event has not spread significantly since 2016.

While the number of wells with elevated temperatures has increased since 2016, the overall bounding area of the elevated temperatures within the landfill has remained essentially unchanged based on the location of wells …

Advanced Disposal downplays the ramifications of the HTLF event is doing to the gas system at the landfill.

Elevated temperatures are just one of many conditions present within the landfill environment that can negatively impact a landfill’s gas collection and control system (GCCS). Arbor Hills replaces GCCS infrastructure when its physical integrity has been compromised. Based on historical gas well replacement data, the frequency of GCCS infrastructure replacement in the elevated temperature area is actually less than seen in other areas of the landfill.

Advanced Disposal is asking for MDEQ’s help in correcting the HTLF event. Advanced has proposed drawing more gas off the wells with the elevated temperatures in an attempt to pull the heat away from this area of the landfill. Normally, gas flows from wells with elevated temperatures are reduced as a precaution to prevent potential fires. Landfill operators can request permission to operate at higher temperatures (called a Higher Operating Value or HOV request) but must demonstrate the higher temperatures do not pose a risk of fire (i.e. – the source of high temp is O2 and/ CO present).

Advanced recently requested MDEQ approval of an HOV for several gas wells in the area of the high temperatures and believes increasing gas flow in this area is necessary to extract heat from this area.

MDEQ initially denied this request but Advanced is asking MDEQ to reconsider.

Arbor Hills needs to open up the valves on the wells in this elevated temperature area to extract the heat, thereby lowering the temperature, consistent with accepted industry best practices for these type events.

The Conservancy Initiative does not pretend to have the answers to these highly technical questions. Stay tuned. What we do know is that all the attention that the community is bringing to this sad landfill is working. THANK YOU!

  • The Conservancy Initiative has filed a “Letter Of Intent” to sue the landfill for violations of the Clean Air Act

  • The management of the landfill has changed

  • The MDEQ has stepped up its efforts

  • Northville Township formed a citizen committee to regularly discuss strategies to deal with the landfill

  • Local legislators are paying attention, even sponsoring legislation

  • We are making regular media appearances to keep the issue fresh

Thank you to everyone who has participated and/or contributed. There is much more to be done. Contact Tracey at info@theconservancyinitiative.org if you would like to help.

How to donate

Enforcement Notice - April 21, 2019

Another day, another violation letter from the Michigan Dept. of Environmental Quality (MDEQ). It seems like the same old dance but the music is definitely speeding up. MDEQ is actually pursuing a monetary penalty with its April 18, 2019 letter to Fortistar Methane Group. This polluter has not paid any fines or penalties for being out of compliance since at least 2015, potentially much longer.

Stipulated Fines & Enforcement Notice

MDEQ recently sent a letter to Fortistar demanding  payment of a $5,000 stipulated penalty. The penalty is for missing a deadline to perform an emission test on the landfill gas turbines by June 1, 2018. Fortistar performed the testing on May 31 and June 1, 2018, but the test was determined to not be representative of normal landfill operations when 25 wells were found to be suspiciously closed just prior to the testing (sounds criminal!). The $5,000 penalty is a stipulated penalty for missing the deadline which was agreed to in a 2015 consent order between Fortistar and the MDEQ.

More importantly, the letter also announces the commencement of escalated enforcement action against Fortistar for violations detailed in previously issued violation letters. It reads, in part: “Additionally, this letter is to advise you of the commencement of escalated enforcement action against the Company. This letter follows the August 30, 2018, February 1, 2019, March 14, 2019 and April 11, 2019, Violation Notices issued by the DEQ, AQD (Air Quality Division) which detailed violations of the Standards of Performance for Municipal Solid Waste Landfills…”

Escalated enforcement actions are a last chance for Fortistar to agree to a consent order with enforceable corrective actions and a monetary penalty. The next step would be turning violations over to the Michigan attorney general. Note: MDEQ is also negotiating escalated enforcement actions with Advanced Disposal, the landfill’s current permit holder.  

The letter also says: “The AQD acknowledges that the Company is in settlement negotiations related to the Finding of Violations issued by the U.S. EPA on September 29, 2016 and June 4, 2018, regarding the sulfur dioxide (SO2) emission limit exceedances at the facility. Given the additional violations referenced above and the ongoing SO2 emission limit exceedances, the AQD is proceeding with this separate enforcement action.”

The MDEQ can be a slow-moving bureaucracy, and even slower when dealing with wayward companies. The outrage the communities surrounding Arbor Hills Landfill are showing is helping the MDEQ to push harder and more aggressively. Our filing a Notice Of Intent to sue Advanced Disposal Services and Fortistar Methane Group is putting pressure on the companies. Citizens can collect fines and damages for violations of the Clean Air Act. Our lawsuit may encourage MDEQ to do more of the same.

We need to keep up the pressure. Join the Conservancy Initiative. Talk to your neighbors. There will be much more information in the near future about fund raising that will be required to support the lawsuit and other efforts.

Donate now


TOWN HALL DRAWS 350+ NONPROFIT FILING INTENT TO SUE - April 17, 2019

Over 350 concerned residents attended the Arbor Hills Landfill Town Hall hosted by Sen. Dayna Polehanki and Rep. Matt Koleszar. The Michigan Dept. of Environmental Quality sent specialists to quell residents’ health concerns regarding issues with asbestos, hydrogen sulfide, sulfur dioxide and the recent ‘fire’ at Arbor Hills Landfill in Washtenaw County.

The Conservancy Initiative president, Tracey Birkenhauer, announced the nonprofit is filing an intent to sue Advanced Disposal Services and Fortistar Methane Group for violations of the Clean Air Act. This drew massive applause and helped to break up the monotonous event.

View the Intent To Sue

Scott Miller, MDEQ air quality supervisor, said air quality tests conducted at the landfill are evaluated for methane, hydrogen sulfide, and volatile organic compounds, in an effort to help reduce potential hazardous air odors and to bring the landfill within compliance of state and federal regulations.

“Based on the data collected, health based air standards are being met offsite,” Miller said. “Regular testing of emissions from the landfill flares and gas-to-energy turbine plant is also occurring. Those violations will be resolved in the Escalated Enforcement Action MDEQ has taken with Advanced Disposal Services.”

The MDEQ has admitted they have never conducted a study to determine health effects for prolonged exposure. They also have never investigated the health effects from the cocktail of multiple pollutants, emissions and particulates in the air. Notice how they never discuss water and soil testing or contamination, which are valid concerns, especially at nearby Ridge Wood Elementary and Salem Elementary.

Attendees were disappointed and many were infuriated with the format that forced them to write questions on cards. Attendees were not allowed to speak during the event. Those who tried to shout questions or comments were silenced.

An MDEQ moderator read some of the questions but most went unanswered. The event was scheduled for an hour and a half. The MDEQ was given a half hour of that time for a presentation.

More coverage

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