Arbor Hills Energy (a.k.a. Fortistar) was issued a Violation Notice on December 2, 2020, for exceeding the allowable sulfur dioxide (SO2) emission rate from one of the electric generating turbines at its facility. Arbor Hills Energy has consistently failed the required periodic emissions testing since 2015 but has not initiated steps to lower SO2 emissions.
Letter to EGLE Regarding PFAS Contaminated Stormwater Ponds
Two storm water ponds were impacted by PFAS chemicals from fire suppression chemicals used during a fire at the Arbor Hills Landfill site in 2016. The Conservancy Initiative has learned the PFAS contaminated water has not been addressed and is requesting EGLE to set a deadline for Arbor HIlls to properly remediate the ponds.
GFL Assumes Control of Landfill and Responds to Violation Notice
GFL Environmental took ownership of the Arbor Hills Landfill on October 30th as part of the Waste Management acquisition of Advanced Disposal Services. This past week, The Conservancy Initiative obtained copies of letters GFL sent to the Michigan Department of Environment, Great Lakes, and Energy (EGLE) in response to Violation Notices issued to Advanced Disposal Services for malfunctions to the flare system in late September. This is our first experience with GFL.
October 28, 2020 Landfill Odors
Thank You from The Conservancy Initiative
Michigan Attorney General Files Lawsuit Against Advanced Disposal Services Arbor Hills Landfill
Michigan Attorney General, Dana Nessel announced her office had filed a lawsuit against Advanced Disposal Services (ADS), the owner and operator of the Arbor Hills Landfill, for failing to comply with State and Federal Regulations and endangering the public health, safety, and welfare of residents living in the shadow of the massive landfill. The announcement was made at the Northville Township Community Park Pavilion near 5 Mile and Beck with the landfill as a backdrop.
Landfill Flares Malfunction Again Likely Causing Community Odor - EGLE Issues Two Violation Notices
The Michigan Department of Environment, Great Lakes, and Energy (EGLE) issued two new Violations Notices to Advanced Disposal Services this week. Both Violation Notices were repeat violations (i.e. – similar violations have been cited and obviously not corrected). Both Violations Notices are the result of recent malfunctions to the landfill flares which resulted in excess emissions and likely community odors.
Odors are Increasing - Challenging Times Ahead
Fall Odor Season has Begun and Landfill Names 5th New Manager
Northville Township Supervisor Testifies on the Impact of Landfill Regulations
On September 15, 2020, Northville Township Supervisor Bob Nix, accompanied by Township Treasurer, Fred Shadko, and The Conservancy Initiative President, Ralph Lassel, testified before the Michigan House Ways and Means Committee. Mr. Nix stressed that the proposed house bills the committee is considering represented an opportunity to fix the problems with the current regulations and asked the legislators for their help.
Arbor Hills PFAS/PFOS Contaminated Stormwater Concern
In June 2020, The Conservancy Initiative (TCI) became aware of Advanced Disposal Service’s (ADS) permit applications which proposed to treat landfill wastewaters (leachate) on-site and discharge into Johnson Creek. At that time, TCI also learned stormwater contaminated with PFAS/PFOS chemicals from fire suppressants has been held at the site in an open-air pond since a fire in 2016.
Township Acts Quickly to Identify Arbor Hills Responsible for Sewer Issues; Corrective Actions Implemented
In June of this year several residents in the area between Beck and Sheldon Roads, south of Seven Mile Road, complained of noxious odors. ADS has agreed to a Consent Order with corrective actions designed to prevent the reoccurrence of the sewer odors.
Odors from Arbor Hills have an Impact Even 3 Miles Away
Recently, one of The Conservancy Initiative’s (TCI) very loyal members wrote to TCI to report a pattern they were seeing in the odors at their home. Their astute observations motivated TCI to dive a little deeper into some of the recent landfill odor events to see how odors correlated with weather patterns. This document presents a description of the analysis performed and the conclusions made by this investigation.
Landfill’s Controversial Johnson Creek Permit Applications are Put “On-Hold”
The Conservancy Initiative is happy to report that Advanced Disposal Services (ADS) has asked the Michigan Department of Environment, Great Lakes, and Energy (EGLE) to place its controversial water discharge permit applications “on-hold”. We believe ADS was surprised by the overwhelming opposition to these permit applications and has placed them “on hold” to avoid the permits being denied.
Landfill is Water-logged - Another Violation Notice Issued
The Conservancy Initiative has learned the Michigan Department of Environment, Great Lakes, and Energy (EGLE) has issued another significant Violation Notice dated 7/28/20 to the Arbor Hills Landfill owner/operator, Advanced Disposal Services. The Violation Notice provides detail that many of the gas recovery wells at the landfill are restricted by leachate accumulation which is blocking or restricting gas flow in the wells.
The Friends of the Rouge Explain the Importance of Johnson Creek and Oppose Landfill Plans
The Friends of the Rouge (FOTR) is a nonprofit 501(c)(3) organization founded in 1986 to raise awareness about the need to clean up the Rouge River. The Conservancy Initiative is very appreciative to learn that FOTR has sent a letter to EGLE explaining the importance of Johnson Creek and their opposition to the proposals by Advanced Disposal Services to discharge treated landfill leachate.
The Conservancy Initiative encourages all our members to review the FOTR letter to understand better the biodiversity that is represented in this cold water stream.
In addition to providing a link to the FOTR letter opposing the landfill,s discharge plans, we also are including a link to the Friend of the Rouge website for you to explore. The virtual kayak tour of the Rouge River looks pretty interesting.
Advanced Disposal’s Unauthorized Discharge to Johnson Creek - July 6th-7th
The Conservancy Initiative (TCI) has learned that Advanced Disposal Services (ADS) had an unauthorized discharge estimated at 27,600 gallons into Johnson Creek on July 6 - 7th. The discharge was from their water treatment facility which is located across Napier Road from the landfill (referred to as the Arbor Hills Remediation Site and described at the end of this article). The unauthorized discharge was self-reported to EGLE by ADS’s contractor upon discovery.
The Conservancy Initiative learned of the event when an email documenting the event was posted on EGLE’s MIWaters database. The Conservancy Initiative applauds EGLE personnel for insisting these records are posted to the public database to promote transparency.
It appears the mismanagement of groundwater wells designed to direct groundwater flows away from the landfill may have caused the unauthorized discharge. Groundwater was being pumped into a holding pond with insufficient capacity causing the pond to overflow into Johnson Creek. This mishap was 100% avoidable and a violation notice is expected to be issued by EGLE. TCI will continue to follow-up to receive clarification on this incident.
Unfortunately, a sample of the material discharged to Johnson Creek was not obtained at the time of the incident so we do not know the true impact on Johnson Creek. This incident fits a pattern of operation we have been accustomed to from ADS. The incident is especially alarming as it happened while ADS is petitioning EGLE to allow the use of Johnson Creek as cost savings by discharge several wastewater streams. This is an excellent example of why we must be vigilant in our opposition to any proposal from ADS to use Johnson Creek for its discharge. We simply cannot entrust the environmental health of the trout stream to an unproven environmental steward.
TCI will continue to obtain more clarity into this event and pass those details on as soon as we learn them. Below is a short description of the wastewater treatment plant on the Arbor Hills Remediation Site.
Arbor Hills Remediation Site
Most of us were unaware that Advanced Disposal Services has a permitted wastewater treatment facility located on the property just east of Napier Road near the Railroad Tracks. This facility has existed since at least 2002 and probably longer. A slurry wall was installed to contain groundwater leaving the Arbor Hills Landfill and the treatment plant was used to treat groundwater on the east side of the slurry wall (outside the landfill). <Click Here for a Drawing showing the layout of the Remediation Site including the wastewater treatment plant and location of the slurry wall.> The permit allows for up to 100,000 gal/day treated groundwater to be discharged to Johnson Creek from December 1 through April 30 via an unnamed tributary that runs along the southern boundary of the Northville Ridge Subdivision.
The treatment plant is no longer needed as the groundwater contamination was resolved as of 2011. The holding ponds associated with the treatment system are now used to hold groundwater which is regularly pumped away from the slurry wall until it can be discharged to the Johnson Creek in accordance with the permit during the winter months. The permit requires close supervision of the facility with daily observations of water quality recorded and water samples analyzed up to 3x per week.
Community Leaders Request Attorney General to Begin Legal Proceedings Against Arbor Hills Landfill
Bob Nix, Northville Township Supervisor, Kurt Heise, Plymouth Township Supervisor, and Brian Turnbull, Mayor of the City of Northville have authored a letter asking the Michigan Attorney General to immediately commence legal proceedings against Advanced Disposal Services. Legal proceedings are believed to be the only path to obtain enforcement of existing violations, penalties commensurate with the violations, and corrective actions. A copy of this letter as well as the letter that requested the start of the enforcement proceedings can be obtained below.
The Conservancy Initiative believes this is a significant step. Our efforts have come a long way. The Conservancy Initiative has made similar requests over the past several months and has not received a response from the Attorney General. Today, three leaders of these influential communities joined our request, We greatly appreciate the continued support of our community leaders and are hopeful this unified approach will bring results.
When you see Bob Nix, Kurt Heise, and Brian Turnbull please thank them for their support.
Letter from Community Leaders - July 16, 2020
Letter requesting the start of enforcement proceedings - December 6, 2018
State Senator Polehanki and Representative Koleszar Oppose Discharge to Johnson Creek
State Senator Danya Polehanki and State Representative Matt Koleszar have sent a letter supporting The Conservancy Initiative’s and Northville Township leadership’s efforts to oppose Advanced Disposal Service’s permit request to treat and discharge leachate into Johnson Creek. The Conservancy Initiative greatly appreciates the support from our elected representatives. Their letter is attached.
Click Here for a copy of letter from Senator Polehanki and Representative Koleszar.
Neighborhoods in Plymouth Township Experience Odors
It is true that the majority of the Arbor Hills Landfill Odor Complaints are made by Northville Township residents. It is also true that when weather conditions create light winds out of the North to Northwest and the landfill is acting up, residents in Plymouth Township experience the noxious odors.
These types of weather conditions were present over the past weekend and into the early part of this week. (July 11 - 14th). These Plymouth Township residents didn’t think they had moved close to a landfill. Guessing many didn’t even know what they were smelling.
How many times have you been greeted by the odors along M-14 in the early morning or evening drives?
Odor complaints were received the past several days from Plymouth Township residents due to landfill operations and winds out of the North to Northwest.