Postcard Writing Campaign - Advanced Disposal Arbor Hills Landfill

Northville Township  - December 2019

The Conservancy Initiative believes our best hope to improve the compliance record of the Advanced Disposal Arbor Hills Landfill is for our Attorney General and Governor to get involved. We have reached out to Michigan Attorney General Dana Nessel to request her office to begin legal actions to compel compliance at the landfill. We also believe that Governor Gretchen Whitmer needs to be made aware of the ever-increasing negative impact that the landfill is having on the quality of life of so many individuals.

Therefore, as part of our effort to highlight ongoing issues/concerns to both the Attorney General and the Governor, we are rolling out a “Postcard Writing Campaign.”

Pre-printed/addressed postcards (addressed to either the Attorney General or the Governor), are available for your use, to directly share the negative impact that the Advanced Disposal Arbor Hills Landfill is having on you, your family or your business. We are hopeful that your candid comments (similar to those regularly shared on the ‘Odor Report’ and social media) will leave a meaningful impact on the Attorney General and the Governor. Also, if your children are of writing age (and with your permission) we encourage their participation as well. In mailing the postcard, you can choose to remain anonymous (by signing only your first name and location e.g. – Northville Township) or supply your complete name and address. Please affix a standard US Postal stamp before mailing.

For our initial Postcard Distribution, postcards will be available for pick-up as follows:

Times:

Friday, December 6th - 4:00 pm to 7:00 pm

Saturday, December 7th - 8:00 am to 11:00 am

Location:

Northville Township Office Parking Lot

44405 Six Mile Road

Northville, MI 48168

We strongly encourage you to drop by and pick-up Postcards for yourself and for your distribution to similarly minded individuals.

We thank you in advance for your willingness to participate in this campaign – our collective voices will prove difficult to ignore.

Carpe Diem – “Seize the Day”

Arbor Hills Landfill Receives Over 1,125 Odor Complaints during November

EGLE Issues the Second Violation Notice during November

Northville - December 2, 2019

November Odor Complaints and Violation Notices

November 2019 was a very bad month for the communities downwind of the Arbor Hills Landfill. There were 1,139 odor/emission complaints received as a result of the landfill. The odor/emission complaints covered a much broader territory than normal, with odor/emission complaints being received from Northville Township, Plymouth Township, Downtown Northville and even further away as low winds seemed to allow the pungent cloud to drift far and wide. The most significant number of odor complaints came during the early evening hours.

The Michigan Department of Environment, Great Lakes and Energy (EGLE) is currently leading negotiations in an attempt to reach a settlement with the landfill owner, Advanced Disposal Services (ADS) to correct long-standing violations that have led to the continuing odor problems. The negotiations are not progressing well.  

EGLE issued another Violation Notice to ADS based on an odor surveillance conducted on November 19th. (Community residents issued over 100 odor complaints on this day alone). This is the second Rule 901 Violation (odor violation) issued by EGLE in November. A response is due by December 19th.

The Conservancy Initiative has received information that indicates that Brian Sanders, the Landfill General Manager, is leaving. Brian has only been the General Manager since the end of August and will be leaving before Christmas.  Brian was the 3rd General Manager at the landfill over the past year. Obviously, the leadership turnover is not helping an already bad situation.  We are not currently aware of who will take over as the new General Manager but we will attempt to make contact with the new General Manager as soon as he or she is named.  

The Conservancy Initiative has updated the charts on its Website and will be distributing this information to all key personnel to inform them of the terrible performance of the landfill. The odor reports provide a small window into the on-going and increasing issues with the landfill. The data does not lie - the problems are getting worse, not better. Please feel free to use this data to further our cause in any way.

Outreach to the Attorney General

The Conservancy Initiative (TCI) believes our best hope to improve the compliance records of the landfill is for the Attorney General to get involved. We have reached out to Michigan Attorney General Dana Nessel with a letter and through several back-channel contacts to request her office to begin legal actions to compel compliance at the landfill.

We are aware that many others may have made similar efforts. If you have made efforts to reach out to the Attorney General, the Governor or others, we would like to share your letters (with your permission) on our website as examples for others. If you have something you are willing to share, please contact ddrinan10@gmail.com. Please scrub any personal information from your documents before sharing.

Postcard Writing Campaign

We are in the process of putting together a very simple Postcard Writing Campaign as part of our effort to highlight ongoing issues/concerns to the Attorney General and the Governor. We will have more details to share later this week and will need lots of help at that time so please get your pens ready.

Public Meetings, Coffee Hours, Trustee Meetings, Board Meetings, etc.

Public forums like our State Legislator’s coffee hour or the township trustee meeting are great opportunities to let our elected officials know what our number one issue is. Remember, there is always an opportunity for anyone to get a few minutes to speak at these forums. TCI regularly attends Northville and Salem Township Trustee Meetings, Coffee hours with our State Senator and Legislator, Washtenaw County Commissioner Meetings, Democratic Party Meetings, etc; anywhere we might be able to get the ear of our elected officials to let them know the problem is not getting better.  

We encourage other individuals and/or neighborhood groups to also attend. It would be good for the elected officials to hear from more than the same few people each month.

New Summary Update Document from EGLE

Compliance Negotiations Are Continuing

Northville - November 21, 2019

The Michigan Department of Environment, Great Lakes and Energy (EGLE) published a summary update today. Links to all the EGLE summary updates are included below.

The update lists several ways to make a complaint. The Preferred place to report odor issues was not listed but continues to be The Odor Report. Odor issues reported on this site are immediately transmitted to Landfill Personnel, EGLE Inspectors, Northville Township Personnel, The Conservancy, local politicians, etc. Please don’t make reports directly on the Advanced Disposal Website as the Website has not been updated in over a year, and the complaint by-passes The Conservancy Initiative’s database.

Summary Reports

NEW!! July 2019 - October 2019 Summary NEW!!

March 2019 - June 2019 Summary

September 2018 - February 2019 Summary

January 2018 - April 2018 Summary

September 2017 - November 2017 Summary

Landfill Background

Advanced Disposal Receives Violation Notice for Continuing Community Odors

EGLE RESPONDS TO ODOR COMPLAINTS WITH SUNDAY ODOR SURVEILLANCE

There have been over 350 community odor complaints received during the first 12 days of November and this is after Advanced Disposal Service completed repairs to the West Haul Road drain and installation of a new leachate sump system at TS01. These projects were promised to correct the majority of the odor problems.

We learned today, the Michigan Department of Environment, Great Lakes and Energy (EGLE) issued another Violation Notice to Advanced Disposal for continued community odors. As a direct response to the numerous odor complaints on Friday and Saturday, November 1st and 2nd, EGLE conducted neighborhood odor observations on Sunday, November 3rd which resulted in the violation being issued today.

EGLE also sent an email to the landfill management earlier today requesting the landfill update the community on actions it taking to correct the odor issues. The email referenced frequently complaints from parents with school-age children at Ridgewood Elementary. EGLE states these complainant’s concerns deserve and require a response and directed ADS to update the community on actions being taken to correct the odors. It is unclear how these updates will be received. The Conservancy Initiative will pass along any pertinent information we receive from the landfill.

The Violation Notice is attached. The following post is a pictorial representation of odor complaints received on Friday, November 8th when over 100 complaints were received. These maps show how widespread the impact can be.

As always, if you think you can help our efforts in any way, please contact one of the Conservancy Initiative Directors. One of the easiest ways to help is by making a contribution. You can contribute by using this link to our PayPal account or by sending a check to P.O. Box 722, Northville, MI 48167. The Conservancy Initiative is a Michigan environmental nonprofit 501c3 corporation.

Friday, November 8th

Scroll down to see a summary of the odor complaints from November 8th. The maps show the odor complaints on a map of the area broken down by time. There were 120 complaints received before midnight. The maps show how widespread the odor impact can be.

8 Odor Complaints were made in the morning of Friday, November 8th …

22 Odor Complaints were received between 3 - 7 PM as residents returned home to enjoy a Friday evening

41 Complaints were received from 7 - 9 PM as the barometric pressure dropped and the wind was dead calm

49 more complaints were received before Friday evening ended. ADS never contacted any township leadership to explain their actions.

Arbor Hills Landfill - Community Odor Scorecard - October 2019

A Review of October Odor Complaint Data

Northville, MI - November 7, 2019

The Conservancy Initiative has compiled the odor complaint information for October 2019 and has updated the charts on our Website.

A Word about the Data

We have made every attempt to “scrub the data” by removing the following:

·         Complaints made by internet trolls - believe it or not, on rare occasions, this has occurred

·         Complaints attributed to other sources - e.g. the odor complaints attributed to “Consumers Energy” (natural gas venting) in early October 2019

·         Multiple complaints from the same address on the same day    Valid complaints are limited to one per household per day

When Making a Complaint

Advanced Disposal definitely uses the odor complaints to track down issues. They have been known to perform drive-by visits at many of the complaint sites as part of their odor investigation process. The most important information in the odor report is the time and location of the odor and the odor characteristics if possible (smells like trash, gassy smell, etc.). Symptoms and odor strength are really more of a personal reaction (everyone will be different) and they necessarily won’t help ADS eliminate the odor.

This Month’s Graphs

·         Trend of Monthly Complaints - Note the trend is actually increasing

·         Year to Year Comparison of Monthly Data

·         # of Days with 10 or more / 15 or more complaints - This graph makes the assumption if 10 or 15 households are making a complaint there must be a problem. This graph is concerning, as the last 3 months are trending badly in the wrong direction

·         # of Days with Zero Complaints - This graph shows that complaints are only being made when odors are being detected

Final Thought

If you think you can help our efforts in any way, please contact one of the Conservancy Initiative Directors. One of the easiest ways to help is by making a contribution. You can contribute by using this link to our PayPal account or by sending a check to P.O. Box 722, Northville, MI 48167. The Conservancy Initiative is a Michigan environmental nonprofit 501c3 corporation.

Consumers Energy to Vent Equipment at Northville Compressor Station

The Conservancy Initiative has been asked to distribute the following information.

Consumers Energy has notified Northville Township they will be venting non-odorized gas at the Northville Compressor station, located at 4990 Napier Rd, on 11/6/19 from noon to 3 pm.  The vent is to purge the air from the piping inside the compressor station.  The purging should last only 15 minutes and there may be a loud sound similar to a jet engine.  There is no public safety concern.

Questions or concerns should be directed to :

Stephanie Roehl Blatt, Consumers Energy, Community Affairs Manager

O- (734) 513-6200 | M- (313) 402-7011 | Stephanie.roehl@cmsenergy.com

Landfill Odors - November 5th

Update on This Weekend’s Odor Issues

Northville - November 5, 2019

Landfill Odors have been terrible over the weekend. There were well over 100 odor complaints received the past several days, some from as far away as Beck and 10 Mile Road area. The Conservancy Initiative contacted both Advanced Disposal Service (ADS) and the Michigan Department of Environment, Great Lakes and Energy (EGLE) to make sure the odors were being addressed. Here is a summary of what we learned.

Executive Summary

·         As of 5 PM on Tuesday, 11/5, ADS completed the installation of a new horizontal gas well in the northeast section of the landfill and began to establish a vacuum (pull gas through the well). ADS should be able to install a leachate sump in the well and ramp up the vacuum (pull more gas) to normal operating levels tomorrow. ADS believes there should be an immediate improvement in odors and is confident these actions will remedy the increased odors once normal vacuum levels are achieved.

Details

·         ADS found a gas well that had lost vacuum (i.e. - no gas was being removed) in the northeast section of the landfill while investigating odor complaints this weekend. Heavy odors and vapors venting (confirmed visually via bubbling in rain puddles) were present in the area of the failed well. ADS attempted to make a temporary fix to re-establish vacuum that obviously failed.

·         EGLE performed neighborhood inspections on Sunday and detected odors. It is unclear if the odors detected on Sunday were at a level that will result in a Violation Notice. Sunday was the best day (least odors) of the weekend with only 10 odor complaints. There were approximately 40 on Saturday and 46 on Monday.

·         During recent inspections, EGLE has found multiple vents of fugitive gas emission through the surface of the landfill which are big contributors to odors. The gas vents and the well failures may be caused because leachate (water) is not being adequately removed from the landfill. EGLE recently issued the second violation notice in 2019 (the first was in March 2019) which alleges leachate is not being adequately removed from the landfill. ADS must respond to this Violation Notices later this month.  

·         On Tuesday morning, ADS opened up a 200-foot long trench in the landfill to allow the installation of a new horizontal well. Odors from this open trench are not surprising and probably expected (although still a potential violation of Michigan Regulations and probably EPA landfill regulations).

·         The Conservancy Initiative implored ADS that communication with the community would be helpful. We will continue to work for more open communications with the landfill.  

EPA’s National Enforcement Investigation Center Team on Site

EPA Mobile Monitoring Vehicle Samples Landfill Emissions in Neighborhoods

Northville - November 1

The Conservancy Initiative recently learned the Michigan Department of Environment, Great Lakes and Energy (EGLE) has been working with the USEPA National Enforcement Investigations Center (NEIC) to study air emssions from the landfill.   

Last week (10/22 - 10/25) a team from NEIC brought a mobile monitoring vehicle to sample air emssions in and around the landfill. The EPA has successfully used this technology to identify and quantify specific emission sources at other problematic sites and negotiate emission reductions.  The technology combines mobile sampling/analysis with weather data to model emission sources and produce polar plots of the emission plume. If you are interested, take a look at these links for additional information related to GMAP Field Monitoring.  NEIC Advanced Monitoring - GMAP Fact Sheet (PDF)  /  Field Use of Air Monitoring Technologies (PDF) or google NEIC GMAP.

Crew from USEPA and EGLE inspecting mobile monitoring vehicle. This vehicle is equipped with analyzers for methane; total volatile organics compounds (VOCs); H2S; and meteorological and global positioning (GPS) equipment.

Although the weather was less than ideal last week, with high winds and rain at the beginning of the week, and there were some technical issues with the equipment, the GMAP crew was able to successfully conduct sampling at the landfill, around the landfill perimeter and in some of the neighborhoods that were experiencing odor problems. The sampling crew verbally reported odors and methane where detected while sampling in the neighborhoods, but it is going to take a while before the data can be processed into a report.

The expectation is that the EPA mobile sampling data will provide data to reinforce the odor complaints which were submitted last week. Data collected including maps generated of the odor/emission plume from the landfill should support EGLE’s efforts to drive compliance at the landfill.  

Even though there is no data to report at this time, we wanted to share this information as just one example of the on-going efforts to improve conditions downwind of the landfill. Although we do not have a projected completion date for a final report, we are confident EGLE staff will publish the final report from the mobile sampling team as soon as they receive it.  

Advanced Disposal Agrees to Install an Air Monitor at/near Ridgewood Elementary as Part of Settlement of September 2016 Violations

More Settlement Actions are Anticipated

Northville - October 24, 2019

The following is a summary of the consent agreement prepared by The Conservancy Initiative for the benefit of their constituents.

Advanced Disposal Services (ADS) and the United States Environmental Protection Agency (USEPA) have finalized a Consent Agreement and Final Order (CAFO)[1] to resolve the Findings of Violations (FOV) issued to Advanced Disposal by the USEPA on September 29, 2016[2]. The highlights of the CAFO include a $50,000 civil penalty and a requirement to install a hydrogen sulfide monitor (H2S) at/near Ridgewood Elementary.

It is important to note that this only a settlement of the September 29, 2016 FOV issued to ADS. BFI, who owned the landfill gas collection and control system in 2016, previously paid a penalty of $406,000 for their portion of the violations issued on this date and Arbor Hills Energy (Fortistar - owner of gas to energy plant) has not yet reached a settlement. In addition, both ADS and Fortistar are the subjects of escalated enforcement actions to resolve current compliance issues with the Michigan Department of Environment, Great Lakes and Energy (EGLE previously MDEQ). [3],[4],[5]  The EGLE enforcement actions are expected to address current odor issues.  

Below is a summary of the actions required by the CAFO. Unfortunately, the CAFO was negotiated without any local input and did not include a timetable for completion. Northville Township Supervisor, Bob Nix, has contacted Nathan Frank, USEPA, Chief, Air Enforcement and Compliance Assurance Section. Mr. Frank has confirmed that ADS committed to completing all work by September 26, 2020 and he expects work will be done sooner.

Actions already completed:

ADS has certified it is complying with the comprehensive Compliance Plan included in the May 2017 Administrative Consent Order. The Compliance Plan required a list of landfill improvements (detailed in the CAFO) including installation of the new flare, significant upgrades to the landfill gas collection and control (GCCS) system, installation of a new leachate tank, upgrades to the leachate collection system, etc.  The goal of the compliance plan was to improve the efficiency of the GCCS (i.e. - collect and control more landfill gas).

·         ADS certified it spent in excess of $5 million on these actions and the capture efficiency of the GCCS has improved by at least 20%

Actions to be completed

·         Establish odor screen vegetation on the northern 20 acres located near Napier Road. Estimated cost - $100,000.

·         Evaluate the relationship between the odor monitoring conducted from 2017 through 2019 and odor complaints. The study will include the development of quantitative methods using artificial intelligence and machine learning techniques to predict odors. Estimated cost - $70,000.

·         Pay a civil penalty of $50,000.

Mitigation Projects - these projects are used to off-set potential civil penalties (i.e. the penalty would have been greater if these projects were not agreed to).

·         ADS must modify the landfill GCCS by installing at least 30 new gas extraction wells. The project will be coordinated with a potential Renewable Natural Gas (RNG) Plant at the landfill. Estimated cost - $900,000

Note - the mention of a potential Renewable Natural Gas (RNG) Plant is significant. A RNG plant would remove impurities and concentrate the methane in the landfill gas to a point where the gas can be used as natural gas either via pipeline distribution or used directly at the facility as vehicle fuel. A RNG plant would presumably eliminate the majority of the SO2 emission at the site. The CAFO does not guarantee the RNG plant, as Fortistar will need to agree to significant investment for a RNG plant to become certain. We should learn more when Fortistar reaches a settlement with USEPA/EGLE.

·         ADS must install a hydrogen sulfide (H2S) monitor at or near the Ridgewood Elementary School site. The operation of the monitor must: continue for at least 5 years; be performed by a third party; and have real time monitoring results that are publicly available. Estimated cost $10,000.

The H2S monitor began as a grass roots effort at Ridgewood Elementary. When air quality concerns arose due to landfill odors, a group of Ridgewood Elementary parents sought answers out of concern for their children. When satisfactory answers were not received, the parents created a petition requesting air quality monitoring equipment be installed at or near the school. The parents went door to door in the community, got signatures at town hall meetings, and even at their children’s after school events.  The parents were determined to be the voice of their children and thankful all that hard work paid off.

Background

·         In 2016 the USEPA performed air quality testing in the area and performed an inspection of the Arbor Hills site in response to numerous odor complaints from the community. The USEPA issued a Findings of Violation (FOV) to Advanced Disposal (landfill owner), BFI (GCCS owner) and Arbor Hills Energy or Fortistar (Gas to Energy Plant Owner) on September 26, 2016[6].

·         BFI transferred ownership of the GCCS in February 2017 to Advanced Disposal Services and settled their FOV by paying a $406,000 civil penalty.[7]

·         In 2017, Advanced Disposal entered into an administrative consent order[8] with the USEPA. The consent order contained a corrective action plant which was targeted at improving the efficiency of the GCCS (i.e. - capture and control more landfill gas).

·         The requirements of the corrective action plan have been implemented and GCCS efficiency has improved by at least 20%.

·         Completion of the items included in the CAFO will settle Advanced Disposal’s September 29, 2016 FOV.

·         THIS DOES NOT SETTLE THE ENFORCEMENT ACTION BEING LED BY THE EGLE. NEGOTIATIONS BETWEEN EGLE AND ADVANCED DISPOSAL ARE ON-GOING. THE COMPLIANCE PLAN ASSOCIATED WITH EGLE’S SETTLEMENT IS CRITICAL AS IT IS FOCUSED ON CURRENT ODOR ISSUES.

·         Fortistar must still reach a settlement with USEPA to close their September 29, 2016 FOV as well as EGLE Enforcement Actions resulting from SO2 emission violations.

[1] Advanced Disposal Services, Consent Agreement and Final Order, Docket CAA-05-2019-0038

[2] Advanced Disposal Services, Finding of Violations, EPA-5-16-MI-10, September 29, 2016

[3] DEQ Enforcement Notice to Advanced Disposal Services, January 24, 2019

[4] DEQ Enforcement Notice to Fortistar Methane Group, November 4, 2015

[5] DEQ Enforcement Notice to Fortistar Methane Group, April 18, 2019

[6] EPA Findings of Violations issued September 29, 2016, Advanced Disposal, BFI, Arbor Hills Energy (Fortistar)

[7] BFI Waste System of NA, Consent Agreement and Final Orders, Docket CAA-05-2018-0029, Sept 28, 2018

[8] Advanced Disposal Services, Administrative Order EPA-5-17-113(a)-MI-04, May 4, 2017

EGLE Issues New Violation Notices to Arbor Hills

Landfill is Water-Logged Resulting in Uncontrolled Gas Vents

Northville - October 24, 2019

The Michigan Department of Environment, Great Lakes and Energy (EGLE) issued two new Violations Notices to the Arbor Hills Landfill operators, Advanced Disposal Services (ADS) and Fortistar Methane. (Click Links for Violations Notices). 

The violations are based on data in a quarterly report submitted by ADS.  The quarterly report identified the liquid (leachate) levels found in the landfill's gas wells. The violations allege the landfill operators are not adequately removing leachate, resulting in the landfill’s gas collection system becoming restricted or blocked by the leachate. In layman’s terms, the landfill needs to be dewatered.  

Each of the landfill’s approximately 400 gas wells has a perforated screen were the gas enters the well. Leachate (water) that is encountered in the landfill will block the well screen, preventing landfill gas from entering. Leachate can cause scale build-up and can permanently block a gas well. Leachate must be removed from the landfill to prevent restricting the gas wells. Many of the wells are equipped with leachate pumps and more were added after a violation earlier this year, but leachate levels continue to increase. 

 When leachate is not adequately removed from the landfill, the gas collection system becomes restricted. Landfill gas will eventually find an alternate pathway and create an uncontrolled vent to atmosphere. EGLE has noted numerous uncontrolled gas vents during landfill inspections. EGLE has also identified over 20 pinched or damaged gas well which need to be addressed.

 The violation notice does not cite any specific data, but it does state that conditions are getting worse. In March 2019, EGLE issued a similar violation notice to ADS based on data from September of 2018. At that time 215 wells were checked for leachate levels. 151 of those wells had 50% of the well screen submerged (blocked) in leachate. Of those 151 wells, 75 wells were 75% blocked and 35 were fully saturated with liquid. In September 2016, the USEPA reported 70 wells had more than 50% of the perforated well screen submerged in leachate. Good engineering practices note that no more than 25% of the well screen should be covered in water. 

 The primary disposal method for leachate from Arbor Hills is via the sanitary sewer system. There is limited capacity in the sanitary sewer which results in ADS incurring considerable higher costs to truck leachate off-site for disposal.  It is important to note that this appears to be a long term issue that will take significant time to correct. Correcting this issue will require a commitment from ADS to upgrade leachate wells/pumps/piping and to truck significantly more leachate to off-site disposal for the foreseeable future.

A response to the Violation Notices are due from ADS and Fortistar by November 12th. The Conservancy Initiative will obtain and post their responses.

The Conservancy Initiative Announces a New Informational Web-site

For Immediate Release

Northville, MI (October 15, 2019)

Executive Summary - Announcement

The Conservancy Initiative, a non-profit organization also known as Stop Arbor Hills, is announcing a new web-site to communicate developments with respect to the Arbor Hills Landfill. The Conservancy Initiative (TCI) believes the landfill represents the greatest potential threat to the property values and to the quality of life for Northville Township and surrounding community residents. The goal of the web-site is to improve communications with the community by supplementing and providing links to existing information sources (e.g. - EGLE’s Arbor Hills Landfill Web-site, Northville Township Web-site, etc.), providing timely community updates and presenting odor complaint data as a measurement of progress.  

Arbor Hills Landfill, one of the largest landfills in the Midwest, had requested permission from Washtenaw County for a new landfill site, north of the existing site in 2015. This request was withdrawn in 2016, due to significant opposition of neighboring communities, but it is likely to be resubmitted in the near future.

The landfill operators, Advanced Disposal Services (landfill owner/operator) and Fortistar (landfill gas plant owner/operator) have been issued multiple environmental compliance violations by the State of Michigan Department of Environment, Great Lakes and Energy (EGLE formerly MDEQ) and the United States Environmental Protection Agency (USEPA). Both companies are currently the subject of escalated enforcement actions.[1],[2]

We encourage all residents to visit and subscribe to the web-site to receive regular updates. The web-site is being made available as a communication and information tool. The web-site is new and on-going improvements are planned. Your constructive comments are welcomed through the comments section on the web-site. 

If you smell something - report it. Valid odor/emission complaints are a very useful tool in this process. Please continue to make odor/emission complaints using TCI’s on-line reporting system (https://theodorreport.com/) whenever you smell an objectionable odor.   

Web-site - https://conservancyinitiative.org/

Landfill Odors/Emissions and Compliance Concerns

The Arbor Hills Landfill, owned by Advanced Disposal Services, is one of the largest landfills in the Midwest and has an estimated additional life of approximately 8 years.[3] Overall landfill capacity in Michigan is estimated at over 25 years. TCI feels strongly there is no need for additional landfill capacity in the Northville area and the environmental compliance record of the current operators certainly does not warrant a landfill expansion permit. 

• The landfill has been the cause for over 3,000 community odor/emission complaints over the past 18 months. The web-site contains several graphical representations which demonstrate that even though the landfill has proposed and completed numerous projects designed to reduce community odors/emissions, the odors/emissions continue.

• The Conservancy intends to regularly publish odor/emission complaint statistics on the web-site as a Score Card of the landfill’s performance. The web-site is intended to be a tool to share the on-going performance of the landfill with the community as well as community leaders and media.

The Conservancy Initiative strongly believes that a properly operated landfill shouldn’t create an inordinate amount of odor/emission complaints from the neighboring communities. A landfill which complies with the applicable environmental regulations (including 40 CFR 60 Subparts A and WWW, 40 CFR 63 Subpart A and AAAA, Michigan 451 Part 115) shouldn’t have these ongoing issues.   Unfortunately, these regulations can be very difficult and time consuming for State regulators (EGLE) to enforce.  A vocal community, making valid complaints of odors/emissions, has resulted in repeated Violations Notices from EGLE and USEPA. EGLE has dedicated significant resources towards improving legal compliance at the landfill.    

• EGLE (formerly MDEQ) and USEPA have issued numerous Violations Notices to Advanced Disposal Services and Fortistar. Both companies have on-going enforcement actions with EGLE and USEPA. EGLE (formerly MDEQ) issued at least 9 Violation Notices in 2019 alone. TCI is hopeful a Consent Order is being negotiated that will require many operating improvements and stipulated penalties for any future violations including community odors/emissions.

• Fortistar’s (the owner and operator of the landfill gas energy plant) sulfur dioxide (SO2) emissions have continuously exceeded their permit allowable limits since at least May of 2015. Fortistar has submitted several permit applications requesting an increase to their SO2 limit. The permit requests have all been denied for a lack of required information. During this same time period, the landfill in Riverview, Michigan had a similar problem. The energy company at this site worked quickly to solve the problem by installing equipment to remove the sulfur and paid a significant penalty.

• The Conservancy Initiative gave notice to the landfill operators of their intent to sue on April 17, 2019. TCI is awaiting the results of the on-going EGLE/USEPA enforcement settlement negotiations before taking further legal actions.

Landfill Expansion

• In 2015 Arbor Hills Landfill requested an expansion to the Landfill. Advanced Disposal owns the property north of Six Mile Road. The request was withdrawn in 2016 in response significant community opposition from residents of Northville Township.

• With only approximately 8 years of additional capacity remaining at the current site, the Conservancy expects the landfill will be requesting an expansion again soon.

What can I do?

• If you smell something - report it. Valid odor/emission complaints are a very useful tool in this process. Not only does it help us quantify the extent of the problem, but these reports are transmitted directly to the landfill, EGLE and Northville Township leadership. Please continue to make odor/emission complaints using TCI’s on-line reporting system (https://theodorreport.com/) whenever you smell an objectionable odor. Valid complaints (one per household per day when persistent objectionable odors are observed) are also being used to develop Scorecard metrics which will be posted on the web-site.

• Be courteous but remain vocal. Attend meetings with community leaders, HOAs, etc. and bring up your concerns. When a settlement is reached with the landfill, a public hearing should be held. Speak up, be heard.

• Donations are always appreciated. The Conservancy is comprised of a few volunteers. If you think you can help either monetarily or by volunteering contact one of the trustees.

    VENMO Make Contribution with PayPal

        use @stopp-the-dump                                            https://www.paypal.me/conservancy

[1] DEQ Enforcement Notice to Advanced Disposal Services, January 24, 2019

[2] DEQ Enforcement Notice to Fortistar Methane Group, November 4, 2015

[3] Report of Solid Waste Landfills, October 1, 2017 - September 30, 2018, Prepared by Michigan Department of Environmental Quality

Natural Gas Odors Last Night (Oct 8, 2019)

Update on last night's odors from the township:

Last night there were over 50 complaints of gas Odors. Northville Township fire department and Consumers were investigating. The cause was a gas leak at the Consumers substation on Napier Road. Also, Consumers Power will be venting gas this morning until approximately 10:30 am.

Nixle Alerts

Update on Recent Increase in Odors - Oct 7, 2019

The dramatic increase in the number and intensity of odors from the landfill continued over the weekend and into Monday. 20+ odor complaints in a day have not been unusual when the wind is been out of the West or Southwest.

Both The Conservancy Initiative and Township Supervisor, Bob Nix, have contacted the landfill. Here is what we have learned:

• Advanced Disposal reports the recent odors are being caused by landfill construction to correct odor problems. A previous update alerted us to this possibility. The only project that has not been completed from this previous update is the West Haul Road Drain.

• A storm drain that travels approximately 3,400 ft alongside the haul road on the west side of the landfill has failed and is allowing landfill gas to escape. The landfill is replacing approximately 150 feet of this sewer pipe per day. Each day the pipe is excavated there is an increased chance for odors.

• Advanced Disposal believes this failed storm drain is the single biggest source of odors and replacement of this pipe will make a significant improvement. EGLE the failed west haul road storm drain be addressed as part of the on-going enforcement actions.

We have also contacted EGLE to make sure they are aware of the increase in odors. EGLE has been on-site several days to observe activities and has requested attention directed towards several potential odor sources.

Please continue to report odor issues if there is a persistent odor. Advanced Disposal is investigating the complaints. The complaints are also being used to gauge progress (or lack thereof). We will be publishing before and after data showing the number of complaints on our soon to be re-launched website.

The Conservancy Initiative is expecting more news related to the landfill as EGLE and USEPA to put compliance plans in place. The Conservancy Initiative will be re-launching a new and improved website in the near future to improve communications related to landfill issues. Please watch for a communication announcing the website and share it with your neighbors.

Arbor Hills Construction Update - September 18, 2019

Arbor Hills Fall Construction Work Update:

At the June 19, 2019 Board of Trustee Meeting Advanced Disposal Services (ADS) identified a number of construction projects designed to address landfill odors affecting our residents. Supervisor Nix requested ADS to provide a status update up these projects including a time frame and the potential for the release of odors caused by the work. ADS provided the following:

“The three major construction projects are now underway, or scheduled to begin soon, and the approximate timeframes for completion of each are provided. The ADS construction team contracted to perform the work arrived on site the week of Labor Day. These projects are designed to resolve the main sources of nuisance odors that were identified and presented at the Township’s June 19 meeting. Our contractors will take all reasonable measures to minimize offsite odors caused by the construction work by covering or closing the work at the end of each work day.

1.       North Slope / gas collection – On September 4th, work began to expand the system of horizontal piping that carries landfill gas from throughout the landfill’s gas wells to the gas-to-energy facility.  Phase 1 of 3 has been completed, and all phases are slated to be completed by the end of September.

2.       Leachate (liquid) collection system – Work is underway to install a multiphase, comprehensive process to treat landfill liquids, or leachate, collected throughout the landfill before it is discharged to the municipal waste-water treatment facility.  This project is designed to minimize odors associated with leachate. The initial systems are scheduled for installation by the end of September. Additional systems subsequently will be installed throughout October or until water quality standards at discharge are met. 

3.       West haul road – Work to improve drainage, expand the gas collection system and eliminate current gas and odor venting in this area of the landfill is slated to begin in early October, and weather dependent, will be completed at the end of November.”

 The Township will continue to monitor this work and keep you apprised. 

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.

  • treasurer@theconservancyinitiative.org

  • @stop-the-dump

  • https://www.paypal.me/conservancy

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