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.
Our Comments on the Landfill's Proposal to Treat PFAS Impacted Water On-site and Discharge to Johnson Creek
June 26, 2020
Tarek Buckmaster
EGLE Water Resource Division
Industrial and Storm Water Permit Group
PO BOX 30458
Lansing, MI 48909-7958
Tiffany Myers
EGLE Jackson District Office
301 E. Louis Glick Highway
Jackson, MI 49201-1556
[Click Here for a PDF version of this letter]
Re: PFAS Removal from Impacted Stormwater Pond
Advanced Disposal - Arbor Hills Landfill
10690 West Six Mile Road, Northville, MI 48197
Mr. Buckmaster and Ms. Myers,
On June 24, 2020, The Conservancy Initiative became aware of a proposal[1] by Advanced Disposal Services (ADS) to treat and discharge an undeclared volume of PFAS impacted stormwater into Johnson Creek utilizing the existing NPDES permit (Permit No. MI0045713) for the Arbor Hills Remediation Site. The Advanced Disposal Services proposal was submitted to the Department of Environment, Great Lakes and Energy (EGLE) on June 2, 2020, less than one week after The Conservancy Initiative raised concerns regarding ADS’ NPDES permit application for the discharge of treated leachate to Johnson Creek.[2]
The Conservancy Initiative is writing to voice our strong disapproval of ADS’ proposal. Permit No. MI0045713 authorizes the discharge of treated groundwater from the Arbor Hills Remediation Site (located East of Napier Road in Wayne County) from December 1 through April 30. Discharge is prohibited May 1 through November 30 unless the discharge was unavoidable to prevent loss of life, personal injury, or severe property damage, and there was no feasible alternative to the discharge. Clearly, the impacted stormwater from the landfill site (located West of Napier Road in Washtenaw County) is not covered by this permit.
The Conservancy Initiative understands that treatment technologies exist which are capable of removing the PFAS contamination, but insists that any consideration for on-site treatment and discharge to surface waters must proceed through a rigorous permit approval process. The residents of Northville Township are blessed to have Johnson Creek meander through our township. We intend to protect this treasured asset and will fight to ensure that no short cuts are taken to improve the bottom line of a Corporation, let alone the landfill, that has taken advantage of the Township for the past decade.
The impacted stormwater originated from a fire at the landfill site in November 2016[3]. It is hard to believe this impacted water has been held in an open stormwater pond for almost 4 years and it should be of no surprise that nearby groundwater wells are now also impacted with PFAS chemicals.[4] The Conservancy Initiative requests to be notified of the planned disposition of this impacted stormwater and will be submitting a Freedom of Information Act Request to better understand its history. We reserve the right to submit detailed comments on any future permits being considered for Advanced Disposal Services, or its successors, and request to be notified prior to any permit actions being considered.
We are confident an antidegradation analysis,[5] required during the permit review process of a new discharge source, will determine the proper disposition for the PFAS impacted stormwater is at a properly licensed off-site disposal facility. Although this may be more costly for ADS, there are no social or economic development and benefits that will be foregone in the area if a permit is denied.
I look forward to hearing from you or your staff in the near future.
Regards,
/s/
Dave Drinan
Director, The Conservancy Initiative
cc: (all via email) D. Nessel (AG), N. Gordon (MDAG), T. Siedel (EGLE), P. Argiroff (EGLE), C. Alexander (EGLE), S. Sliver (EGLE), J. Russell (EGLE), M. Steffler (EGLE), C. Dijak (EGLE), R. Burns (EGLE), J. Schinderle (EGLE), E. Browne (EGLE), L. Lee (EGLE), L. Bean (EGLE), Mary Ann Dolehanty (EGLE), J. Olaguer (EGLE), C. Ethridge (EGLE), S. Miller (EGLE), R. Nix (Northville Twp), F. Shadko (Northville Twp), M. Banner (Northville Twp), S. Frush (Northville Twp), S. Heath (Northville Twp), M. Herrmann (Northville Twp), C. Roosen (Northville Twp), M. Koleszar (State Representative), D. Polehanki (State Senator), S. Shinks (Washtenaw Co. Commissioner), E. Pratt (Washtenaw Co. Water Resource Commissioner), T. Eggermont (Washtenaw Co), B. Turnbull (Northville City), K. Heise (Plymouth Twp), M. Gallegher (NPS), C. Jankowski (NPS), P. Cullen (Wayne Co.), M. McCormick (Friends of the Rouge)
[1] PFAS Removal from Impacted Stormwater Pond, Advanced Disposal - Arbor Hills Landfill, June 2, 2020
[2] Advanced Disposal Requests Permission to Dump Leachate to Johnson Creek, The Conservancy Initiative, May 27, 2020
[3] Fire at Recycling Center, Joanne Maliszewski, hometownlife.com, November 20, 2016
[4] Michigan Department of Environment, Great Lakes, and Energy, Michigan PFAS Action Response Team, Washtenaw County, Salem Township, Arbor Hills Landfill, Inc.
[5] Antidegradation/Antibacksliding, EGLE Water Bureau Permits Section Procedure No. 14
Northville Township Submits Comments Opposing Landfill Discharges to Johnson Creek
Northville Township leadership has been very active opposing any proposed use of Johnson Creek by the Arbor Hills Landfill. On June 25th the Township sent written comments to the Michigan Department of Environment, Great Lakes and Energy (EGLE) opposing the two permit applications submitted by the landfill operators.
Click Here for a PDF copy of the Township Letter. The letter is also posted on the Township Website.
The Conservancy Initiative Submits Comments on Johnson Creek Permit Applications
June 23, 2020
Tarek Buckmaster
EGLE Water Resource Division
Industrial and Storm Water Permit Group
PO BOX 30458
Lansing, MI 48909-7958
[Click Here for a PDF version of this Letter]
cc: (all via email)
D. Nessel (AG), N. Gordon (MDAG), T. Siedel (EGLE), P. Argiroff (EGLE), C. Alexander (EGLE), S. Sliver (EGLE), J. Russell (EGLE), C. Dijak (EGLE), R. Burns (EGLE), J. Schinderle (EGLE), E. Browne (EGLE), L. Lee (EGLE), L. Bean (EGLE), Mary Ann Dolehanty (EGLE), J. Olaguer (EGLE), Chris Ethridge (EGLE), Scott Miller (EGLE), R. Nix (Northville Twp), F. Shadko (Northville Twp), M. Banner (Northville Twp), S. Frush (Northville Twp), S. Heath (Northville Twp), M. Hermann (Northville Twp), C. Roosen (Northville Twp), M. Koleszar (State Representative), D. Polehanki (State Senator), S. Shinks (Washtenaw Co. Commissioner), E. Pratt (Washtenaw Co. Water Resource Commissioner), T. Eggermont (Washtenaw Co), B. Turnbull (Northville City), K. Heise (Plymouth Twp), M. Gallegher (NPS), C. Jankowski (NPS), K. Kucel (Wayne Co. Drain Commissioner), M. McCormick (Friends of the Rouge)
Re: Two NPDES Permit Applications Submitted by Advanced Disposal Services for the Arbor Hills Landfill Requesting to Modify Existing NPDES Permit Number MI0045713 Arbor Hills Remediation Area
Mr. Buckmaster,
Executive Summary
The Conservancy Initiative (TCI) is an environmental nonprofit 501c(3) corporation located in Northville Township with a mission to improve the environment by working with neighbors, government entities, area businesses, and community leaders to create a clean and safe place to live and work. TCI is very concerned regarding the two NPDES permit modification applications (MI0045713)[1],[2] submitted on behalf of Advanced Disposal Services (ADS) related to the Arbor Hills Landfill, Salem Township. We are writing to submit preliminary comments related to these applications and point out several potential compliance concerns which we believe need to be considered when addressing the applications. TCI requests to be notified if these permits move forward, requests to be copied on comments to ADS by EGLE, and be given the opportunity to provide technical comments. TCI recommends the permits be denied.
Advanced Disposal’s Compliance Record
Since 2016, the communities downwind of the Arbor Hills Landfill have been plagued with excess emissions and noxious odors that have resulted from the landfill operators failing to consistently comply with State and USEPA regulations established to protect the community and the environment. Environmental enforcement proceedings have been on-going at the landfill since 2016. Violations are continuing; there were at least 4 Violations issued to date in 2020 and 17 Violations issued in 2019. Currently, ADS is negotiating with the Air Quality and Materials Management (Waste) Divisions to reach a settlement. The Attorney General’s office is actively involved.
Several passages in the permit application are reminiscent of past exchanges with the landfill operators:
The application actually declares compost leachate is being used for dust suppression which is not allowed. ADS should be aware this is not allowed as EGLE included it in a Compliance Concern in 2018. A TCI member observed the ADS road watering truck entering and exiting the compost facility as recent as June 22nd.
The leachate containment dike at the compost facility was breached due to unusually heavy precipitation. EGLE cited deficiencies in the containment dike in 2018.
We have searched and could find very few instances of NPDES permits in the State of Michigan for the discharge of treated landfill leachate. None involving a cold water fishery. With a history of repeated air, water, and solid waste violation notices and no history of operating a water treatment system, what assurances are there that ADS is capable of operating a wastewater treatment system to treat landfill leachate prior to discharge to a cold water fishery? Odor violations and operating violations can be overcome. However, a breakdown in the treatment system for whatever reason, can cause irreparable harm to the trout stream.
Johnson Creek
Northville Township is blessed to have Johnson Creek wind through our community. It is the focal point of several area parks. Many residents and visitors enjoy visiting Fish Hatchery Park, hiking in Cold Water Spring Nature Area, or visiting the banks of Johnson Creek at any of numerous locations in the area. Johnson Creek has been featured in two articles recently in the “The ‘Ville, Northville’s News and Lifestyle Magazine[3] which document the importance of Johnson Creek to our community.
As reported by the ‘Ville, Johnson Creek is the last cold water fishery in Wayne County. The sustainable actions of EGLE, Township Public Works personnel, residents, and Nongovernment Organizations (i.e. - Alliance of Rouge Communities, Friends of the Rouge) have helped improve the health of both Johnson Creek and the Rouge River downstream. Despite these efforts, Johnson Creek and the Rouge River remain on Michigan’s list of Impaired Waters (Clean Water Act Section 303(d))[4],[5]. TCI is concerned the requested permit actions simply represent cost savings for the landfill, with little consideration for the sustainability of the streams. TCI believes the proposed changes will increase the possibility of mishaps, may jeopardize water quality, and the landfill has not considered all the possible alternatives (including the continuation of disposal of leachate offsite).
NPDES Permit Modification: Compost Pond - Arbor Hills Landfill
The need for this permit appears to have come about from the management (or mismanagement) of stormwater at the compost site. The permit application describes the compost facility:
The compost pad is sloped towards the Compost Pond so any direct precipitation that falls on to the compost pad will drain directly into the pond. …The Compost Pond does not have an outlet.
There is a natural stormwater retention area located immediately south of the Compost Pond. The Compost Pond and the low‐lying natural stormwater retention area are separated by a berm designed to prevent stormwater overflow from the retention area into the Compost Pond, vice versa. The low‐lying stormwater area does not have a natural outlet.
EGLE field staff indicated the berm separating the two ponds was breached this winter and ADS was informed that all waters were considered contaminated and must be handled as leachate[6]. The adequacy of the pond’s isolation was cited in a Compliance Concern dated 8-2-20184 (item 2). It is unclear if any corrective actions were taken to address this concern. The comingling of the two ponds has driven the need for this permit application. TCI believes several questions should be investigated and if appropriate, compliance actions may be necessary before this permit moves forward:
1) What actions, if any, were taken to upgrade the berm separating the Compost Pond from the Storm Water Pond as cited in the 8-2-20184 Compliance Concern?
2) Historic photos obtained from Google Earth (Attachment 1) indicated the two ponds have been comingled previously. The photo from the spring of 2017 shows a large flood of leachate contaminated waters. TCI encourages the EGLE Water Division compliance staff to verify how this contaminated water was disposed of? If water wasn’t disposed of, was it allowed to seep into groundwater at the site?
3) As stated in the permit application, precipitation appears to the naturally ponding on the site.
There is a natural stormwater retention area located immediately south of the Compost Pond…. The low-lying stormwater area does not have a natural outlet.
A review of property maps and USGS topography maps confirm there are no known tributaries that drain the site. USGS maps indicate wet areas near the location of the stormwater ponds (Attachment 2). TCI encourages EGLE to consider if additional wetlands should be designated at the site.
4) A recent Compliance Concern dated 8-2-2018[7] clearly states (Item 3) that water from the compost pond cannot be used for dust suppression. Only clean stormwater can be used for dust suppression. Advanced Disposal's permit application states compost pond water is being used for dust suppression.
6.1.3 Approximately 10,000 gallons of water is taken from the Compost Pond for dust control at the landfill operations during dry and warm days.
A TCI member observed the ADS road watering truck entering and exiting the compost facility as recent as June 22nd.
5) The permit application includes a review of Reasonable Alternatives and Best Management Practices. Best Management Practices to minimize stormwater running onto the pad must be in place and robust before the permit moves forward. Practices to minimize water run-on are not addressed.
6) The permit application is incomplete. The application does not specify the actual treatment processes or the discharge locations proposed to the utilized. The application does not adequately address antidegradation / antibacksliding requirements. ADS seems to be leaving the final design of the treatment system to EGLE.
NPDES Permit Modification: Arbor Hills East Landfill
There are two landfills at Arbor Hills. The leachate from Arbor Hills West is disposed at Ypsilanti Community Utilities Authority (YUCA) utilizing a longstanding agreement with the municipal sanitary sewer authorities. Disposal of leachate from Arbor Hills East (AHE) is more costly as it is collected separately and sent by tanker truck to a commercial disposal facility. The permit application states:
The current Wastewater Disposal Contract between ADS and YCUA prohibits the discharge of AHE leachate to the YCUA sewer system without the advance, written approval of YCUA due to the historical presence of polychlorinated biphenyls (PCBs) …
1. PCBs are a pollutant of significant concern for Johnson Creek. The Clean Water Act requires a Total Maximum Daily Load (TMDL) to be developed for Johnson Creek. Advanced Disposal and/or YCUA should be asked to provide historic PCB concentration information as there appears to be some history here. Treatment strategies proposed for PCB removal must be proven technologies and designed for worst-case scenarios.
2. The permit application is incomplete. The application does not adequately address antidegradation / antibacksliding requirements.
3. ADS has not considered possible alternatives. TCI believes the best disposal option for the landfill leachate is utilizing a Public Owned Treatment Works (POTW) which preferably discharges into a large waterway capable of buffering the impact (i.e. Great Lakes Water Authority or Ypsilanti Community Utilities Authority). Expansion of an existing or construction of a new POTW in the area could provide additional social and economic benefits to the community and allow costs to be shared. Below are some options which could be investigated:
1) A Public Urban Development (PUD) of 500+ homes is planned for the south end of Salem Township. State grants which were to fund a sewer line to YCUA but are being delayed.[8] A partnership with Advanced Disposal may be a win-win solution.
2) Alternatives may exist to build a new Publicly Owned Treatment Works in partnership with a developer to service the landfill and PUD.
3) Expansion of the Hamlet of Salem POTW to accommodate the landfill.
4) Do nothing. ADS has been operating with trucked off-site disposal of leachate from Arbor Hills East for many years. The estimated cost savings do not seem substantial enough to risk the quality of Johnson Creek. ADS should be encouraged to consider using the potential savings to fund an alternative source similar to the suggestions above.
The Western Wayne County communities anticipate EGLE will keep the public involved at every step of this controversial permit requests. Please feel free to contact The Conservancy Initiative with questions at any time.
Sincerely,
/s/
Dave Drinan
Director, The Conservancy Initiative
ddrinan@theconservancyinitiative.org
Attachment 1
Various Photos and Maps of the Compost Facility
Available Electronically - Click Here
Attachment 2
USGS Maps of the Compost Facility
Available Electronically - Click Here
[1] NPDES Permit Modification: Arbor Hills East Landfill, April 3, 2020, Environmental Resources Group, Prepared for Advanced Disposal Services
[2] NPDES Permit Modification: Compost Pond - Arbor Hills Landfill, April 3, 2020, Environmental Resources Group, Prepared for Advanced Disposal Services
[3] The ‘Ville, April 2020, Vol 3, Issue 4, pgs. 16-18 and The ‘Ville, June 2020, Vol 3, Issue 6, pgs. 8-9
[4] Overview of Identifying and Restoring Impaired Waters under Section 303(d) of the CWA, USEPA
[5] Water Quality and Pollution Control in Michigan Sections 303(d), 305(b), and 314 Integrated Report, Michigan EGLE (see Appendix B2 pages 2770-2771)
[6] Summary of Meeting on 3-10-20, Downloaded from MIWaters
[7] State of Michigan, Department of Environmental Quality, Jackson District Office, CC No. CC-001168
[8] Washtenaw County communities at odds over sewer line project, MLive, Jan 3, 2020
Northville Township Supervisor Gives Testimony to the Michigan House Committee
The Michigan House of Representatives Committee on Natural Resources and Outdoor Recreation began hearings last week on a series of bills which, if passed, will be the first significant modification to Michigan Solid Waste Management Rules in many years. These Rules are far-reaching, cover all aspects of the waste disposal and recycling process in Michigan. There has been a desire to modify these rules to encourage recycling and discourage landfilling waste for serval years but the broad nature of the rules has produced many obstacles.
Northville Township and The Conservancy Initiative have tracked the rulemaking process very closely and attempted to influence legislators as much as possible. Our interest is the section of the rules which deals with siting and approving a new or expanded landfill. Currently, the host county (Washtenaw County) has all the authority for siting a new landfill in Salem Township. The proposed rules include a small change that will allow a resident from an adjacent community (i.e. - Northville) to be added to the waste planning committee for the host county (i.e. - Washtenaw County). This is helpful, but we are hoping for more.
On Tuesday, June 9th, Mr. Robert Nix, Northville Township Supervisor, testified before the Natural Resource and Outdoor Recreation Committee in Lansing and explained that more must be done to protect the property rights of homeowners located near a proposed landfill expansion or new landfill. Mr. Nix is a very familiar face to many on the committee as he has been raising these issues for several years. He shared with the committee that there are more than a dozen landfills in Michigan which present a similar issue to the Salem Township landfill as they are located near the county line. Mr. Nix suggested the following language be added to the House Bill.
Expansion of existing solid waste facilities and new solid waste facilities shall not be located within 2 miles of the border of an adjacent municipality without the consent of the adjacent municipality through a resolution of their elected governing body
This is not a veto authority, but it does protect the property rights of a homeowner living in an adjacent municipality within 2 miles of a landfill expansion, by requiring approval from the adjacent community. Accommodations may be possible in many instances. The committee promised more discussions.
The Conservancy Initiative would like to thank Supervisor Robert Nix and his team that supported him putting his testimony together, Treasurer Fred Shadko and Trustee Chris Roosen. We would also like to thank State Representative Matt Koleszar and State Senator Danya Polehanki for helping make the testimony a success.
Supervisor Nix’s presentation is linked as well as letters of support which were provided from The Conservancy Initiative and The City of Northville. We are also linking a video (discussion of Northville begins at 30-minute mark; Mr. Nix’s testimony begins at 37-minute mark) of today’s testimony.
Advanced Disposal Requests Permission to Pump Leachate to Johnson Creek
Many recently read the excellent articles in “The ‘Ville”, April 2020 pgs. 16-18, documenting the importance of Johnson Creek to our community. Johnson Creek is the last cold water fish stream in Wayne County and if you enjoy visiting Fish Hatchery Park, hiking in Cold Water Spring Nature Area or visiting the banks of Johnson Creek at any of numerous locations in Northville, you will understand how this treasure must be protected.
The Conservancy Initiative (TCI) recently learned through a Freedom of Information Act request, that Advanced Disposal Services (ADS) has submitted two separate permit applications, requesting permission to perform on-site treatment and discharge a significant quantity of leachate to the Johnson Creek. Leachate is the contaminated water that has percolated through the landfill or compost material. The leachate is currently being disposed at off-site commercial disposal facilities and/or Publicly Owned Treatment Works (POTW) like Great Lakes Water Authority (aka - Detroit Water and Sewerage Department) which discharge into huge bodies of water. The proposed changes are strictly cost savings initiatives and run contrary to sustainability efforts.
On-site treatment and discharge into a low-flow cold water fishing stream is not the proper disposal option for these leachate streams. The optimum disposal option is at a Public Owned Treatment Works (POTW) like Great Lakes Water Authority or Ypsilanti Community Utilities Authority. The residents of Northville Township should not suffer because the landfill’s host community, Salem Township does not have access to a POTW. How many times have Northville residents who live west of Beck Road heard “why did you buy near a landfill?” sometimes directly from the landfill. Maybe the question now is “what kind of landfill would locate in a community without access to a POTW?”
The permits being requested are known as National Pollutant Discharge Elimination System (NPDES) and are issued or denied by the Water Division of the Michigan Department of Environment, Great Lakes, and Energy (EGLE). TCI believes these permits will require a public comment period and a public hearing before they can be issued.
TCI is currently reviewing the applications, but honestly, we are not well versed in these types of permits. If there is anyone in the community with NPDES experience that is willing to lend a hand please drop us an email at info@theconservancyinitiative.org.
Below is a very brief summary of the permit applications based on a preliminary review.
Permit Application 1 - Compost Facility Leachate
ADS collects leachate in a lined pond at the compost facility located north of Six Mile Road. Historically, the leachate collected in the pond has been used for dust suppression on the landfill. [TCI questions if this practice should even be allowed and will follow-up with EGLE].
ADS is proposing discharging up to 15,000 gal/day of leachate to Johnson Creek. ADS has concluded based on very limited sampling of the leachate pond that the leachate “…does not contain elevated concentrations of conventional, nonconventional or toxic pollutants and the water can be easily treated, if needed, to remove the pollutant by utilizing appropriate treatment technologies.” Although ADS has not designed a treatment system they propose using Aeration, Bioaugmentation, Carbon Filtration, and/or UV disinfection lights to treat the water (if necessary).
TCI believes much more engineering is needed to design a robust treatment system before even considering this permit. We suspect the compost leachate may be rich in nutrients (fertilizers) and heavy metals (historic landscaping materials) which could be harmful to Johnson Creek.
Permit Application No. 2 - East Arbor Hills Landfill Leachate
The leachate from the closed East Arbor Hills Landfill has historically contained PCBs and therefore is collected separately from the active West Arbor Hills Landfill leachate. This leachate is currently sent by tanker truck to an off-site commercial disposal facility (which apparently is expensive).
ADS has proposed installing equipment to treat up to 80,000 gallons per day of the leachate from the East Arbor Hills Landfill on-site and discharging the treated leachate to Johnson Creek. The treatment being proposed includes Dissolved Air Flotation to remove solids, Carbon Filtration, and Ion Exchange to removed PFAS and other contaminates.
Although the exact discharge points for the proposed operations may be slightly different both ultimate will result in approximately 100,000 gal/day (equivalent to a large fire hose) of treated leachate entering the Johnson Creek via a tributary running east from Napier Road to the Cold Water Spring Nature Area along the southern border of the Northville Ridge Community. A map showing the approximate location of this tributary is linked - click here.
TCI does not believe a low flow cold water fishery is the proper repository for the leachate from this landfill. Even if the treatment technology proves to be adequate, Advanced Disposal’s should not be entrusted with the health of this stream based on their recent operating record. The Conservancy Initiative will track these permit applications closely and will issue comments if draft permits are issued. TCI will keep the community informed of the permit status to ensure the public’s comments can be heard.
What Can You Do?
If you are outraged by the thought of “treated” Leachate being allowed to enter Johnson Creek and would like to help, please consider writing your legislators with respect to your opposition to Advanced Disposal’s permit applications and/or please consider making a donation to The Conservancy Initiative to help fund our efforts in opposing Advanced Disposal Services Permit requests. Donate Link
May Letter to Attorney General and Community Leaders
[Click Here for a PDF version of this letter]
Dana Nessel, Attorney General
G. Mennen Williams Building
525 W. Ottawa Street
P.O. Box 30212
Lansing, MI 48909
Distribution: D. Nessel (MDAG), N. Gordon (MDAG), L. Clark (EGLE), M. Dolehanty (EGLE), J, Schinderle (EGLE), S. Miller (EGLE), L. Bean (EGLE), R. Nix, F. Shadko, M. Banner, S. Frush, S. Heath, M. Hermann, C. Roosen, M. Koleszar, D. Polehanki, S. Shinks, E. Pratt, T. Eggermont, B. Turnbull, K. Heise, M. Gallegher, C. Jankowski, D. Kindig (ADS), A. Testa (ADS)
Re: An Open Letter Regarding the Arbor Hills Landfill
Dear Ms. Nessel,
Thank you for your consideration during this challenging time. We at The Conservancy Initiative recognize that the Covid-19 pandemic is of utmost importance and while our request is unrelated, we are hoping that you may be able to follow-up with us.
There remain thousands of people in our community negatively impacted by the Arbor Hills Landfill on a continuing basis, which residents must endure through the shelter-in-place order. Several months have passed since we began writing to request your assistance with this issue. We have received responses from many of the community leaders that we have reached out to, but have not heard back from the Attorney General’s office. In addition, many grass root members of our organization have written personal notes to let you know how the landfill is impacting their families, but have only received form letters with very generic language as responses which appear to be without due consideration.
Per our prior outreach, The Conservancy Initiative (TCI) requests the Attorney General’s office take prompt legal actions to ensure Advance Disposal Services accepts the corrective actions proposed by the Michigan Department of Environment, Great Lakes and Energy (EGLE) and imposes penalties commensurate with the many years of non-compliant operation of the Arbor Hills Landfill. If this is not possible, we would like to understand why the Attorney General’s office will not support the enforcement of EGLE’s violation notices and requests for corrective action.
Our community continues to suffer from noxious odors while Advanced Disposal is regularly found to be the source of these odors and in violation (4 Violations issued to date in 2020, 17 Violations issued in 2019) of the landfill regulations established to protect the environment and the surrounding public. TCI supports EGLE as a committed resource to develop the necessary corrective actions to address the on-going issues at Arbor Hills, though it appears EGLE has little leverage to ensure corrective actions are taken or chance of reaching a settlement without your office bringing legal actions. TCI is concerned that ADS may be attempting to stall the negotiations (e.g., until their merger with Waste Management is complete which may force the process to start new).
In addition to the well-documented non-compliance events and the continuing community odors, we were recently notified that Arbor Hills has been added to EGLE’s MPART list of PFAS contamination sites. Although the investigation is on-going, it is likely this contamination is the result of the on-going operational short-comings at the Arbor Hills Landfill.
To help illustrate the continuing problem, and to arm community leaders with data to address the problem, The Conservancy Initiative (TCI) publishes periodic reports detailing the landfill’s odor statistics. Additional statistics are available at https://www.ConservancyInitiative.org.
Data is scrubbed to remove invalid complaints (this is rare), multiple complaints made from the same household on the same day, and complaints that can be attributed to other sources (e.g., Consumers Energy). The table above shows a large percentage of complainants only make one complaint per month
Odor Complaints - Complaints are common when wind is light and from West to South West. Complaints track the wind conditions as well as the Weather Channel. Note that the best performance is about 100 complaints per month - UNACCEPTABLE. Pdf version of chart
Problematic Days - Everyone has different sensitivity to odors. Problematic days are days when 15 or more households complain. There is little doubt the odor is severe when 15 or more households spontaneously take the time to register a complaint. Pdf version of chart
I look forward to your response and would be happy to discuss further with you and / or your staff.
Respectfully,
Dave Drinan
The Conservancy Initiative
734-748-XXXX
April 16 Violation Notice - Leachate Management
Preface
The Conservancy Initiative has intentionally remained quiet during these extraordinary times as we understand there are much more important issues facing our community. We have prepared this document for those who wish to be updated on landfill events. The Conservancy Initiative would like to thank all the Front Line essential workers for the sacrifices and services they have provided. Their efforts are greatly appreciated.
Current Status
The Michigan Department of Environment, Great Lakes, and Energy (EGLE) has continued to work throughout the “Stay at Home” order. EGLE continues to inspect the landfill and has issued 4 Violation Notices since the end of February. Summaries of these violations are available on our Web Site. The latest violation is explained below.
Virtual meetings are being held to negotiate enforcement settlements with both Advanced Disposal Services (ADS) and Arbor Hills Energy (Fortistar). Although The Conservancy Initiative is not involved in these negotiations, we check-in with EGLE regularly to learn as much as possible about the status. Based on our second-hand observations, The Conservancy Initiative does not believe ADS will ever voluntarily agree to the corrective actions and consent order being proposed by EGLE. We believe the best path for resolution of the issues at Arbor Hills is legally binding corrective actions developed by EGLE and required by a court order. The Michigan Attorney General’s office must take legal actions to force this outcome (i.e. - the people of Michigan vs. ADS).
There may be more certainty in the Arbor Hills Energy case. Although we cannot speculate on timing, this case is being led by the USEPA out of Chicago and we sense a settlement is drawing near. In both cases, the key to a successful outcome will be the corrective actions the companies are required to take to address the excess emissions and community odors.
The Conservancy Initiative will continue to send periodic status updates with odor complaint statistics to the Attorney General (AG) and other community leaders to keep Arbor Hills in the spotlight and request the AG take action.
April 16, 2020 Violation Notice - Excess Leachate Accumulation on Bottom Liner
When landfill waste degrades and rain rinses the resulting products out, leachate is formed. The black liquid contains many toxic organic and inorganic chemicals, including PFAS chemicals. The active sections of the Arbor Hills Landfill were constructed with two impervious liners (double lined) and leachate collection systems to prevent the leachate from impacting the groundwater outside the landfill footprint. Michigan regulations require the landfill operator, Advanced Disposal Services (ADS), to promptly detect and remove accumulated leachate from the liners, as well as report removed leachate volumes to the Michigan Department of Environment, Great Lakes and Energy (EGLE).
EGLE issued a Violation Notice to ADS dated April 16, 2020, alleging multiple instances (six pages of details) where ADS did not properly manage leachate accumulating on the primary and secondary liners during the second half of 2019. (Note - leachate collecting on the secondary liner leaked through the primary liner system). ADS was issued a violation dated January 24, 2019, for similar leachate management issues. Excess amounts of leachate allowed to accumulate on the liner can damage the liner and impact the soils and groundwater outside the landfill.
Poor leachate management has resulted in other problems at Arbor Hills and is a significant part of the ongoing odor problems. EGLE has issued violations for leachate collecting and restricting flow in the gas wells. In a Violation Notice dated March 14, 2019 EGLE alleged leachate collecting in gas wells significantly degraded the effectiveness of the gas collection system.
... Of those 215 [gas wells with data available], 151 wells had more than 50% of the perforated well screen … submerged in liquid. Of those 151, 75 wells were more than 75% blocked and 35 wells were fully saturated with liquid… Good engineering practices note that no more than 25% of the well screen should be covered in water. The well data shows that overall, the effectiveness of the entire landfill gas collection system has been significantly degraded by this problem.
During site inspections, EGLE has also reported numerous leachate seeps where leachate has been observed seeping through the landfill cover. Some of these seeps have been very significant (requiring engineered collection/removal systems to contain) while others have been much smaller. All these leachate seeps represent potential violations, are sources of odors, and are potential sources of stormwater/surface water contamination. Precipitation at the site runs into a detention pond before eventually entering the Johnson Creek Drain. Any leachate spills or seepage could potentially impact the stormwater runoff and pollute this cold water trout stream. PFAS contamination in shallow groundwater is currently being investigated near Arbor Hill’s stormwater discharge location on Napier Road.
The problems with leachate management are not a secret to ADS. The previous landfill manager, Mark Johnson, recognized leachate management as a significant problem and was making plans to increase leachate removal in the spring of 2019. He shared his plans with EGLE during multiple meetings. Below are experts from an EGLE inspection report (N2688_SAR_20190402.pdf page 2).
... Mark was very frustrated that talks with him are going nowhere regarding increasing the amount of leachate through the township sewers to Yucca [Ypsilanti Community Utilities Authority] from 100,000 to 250,000 gallons per day. (He thinks it will take at least year to return to normal levels).
The landfill “dewatering” plans all ended with the announcement of the potential Waste Management merger and a change to the management team at the landfill. Apparently, off-site leachate disposal is expensive.
Actions Needed
Although there appears to be several issues with the management of the landfill, leachate management is central to the problems at Arbor Hills. EGLE has been advocating for improved leachate management practices and has indicated their proposed settlement includes corrective actions to address leachate management.
The Conservancy Initiative does not believe ADS will ever voluntarily agree to the corrective actions and consent order being proposed by EGLE. We believe the best path for resolution of the issues at Arbor Hills is legally binding corrective actions developed by EGLE issued by a court order. The Michigan Attorney General’s office must take legal actions to force this outcome (i.e. - the people of Michigan vs. ADS).
The Conservancy Initiative will continue our efforts to highlight the issues at Arbor Hills and engage our community leaders. Your comments and ideas are always appreciated. Contact The Conservancy Initiative at info@theconservancyinitiative.org.
March 18, 2020 Violation Notice - Low Flare Operating Temperature
March 18, 2020 Violation Notice - Improper Operation of Flares
EGLE issued Advanced Disposal Services (ADS) a Violation Notice dated March 18, 2020, alleging ADS had operated the two enclosed flares at temperatures which were lower than required by their permit at various times between Feb 14, 2019, and Nov 25, 2019. Emissions from the two enclosed flares were successfully tested in 2016 (i.e. - emissions were in compliance with permit requirements). Following a successful compliance test, the landfill is required to operate the flares at similar temperatures to those used during the compliance test. Apparently, ADS inadvertently used a lower temperature set point and operated the flares at lower than required temperatures for a significant period of time.
ADS supplied a very detailed response explaining that although the flares were operating at all times the setpoint combustion temperature was lower than required. After reviewing the Violation Notice and ADS’ response, The Conservancy Initiative does not believe operating the flares at a slightly lower temperature posed a significant impact on the environment. What is alarming is the problem was allowed to continue for so long.
PFAS Contamination Found at the ADVANCED DISPOSAL Arbor Hills Landfill
Per- and polyfluoroalkyl substances (PFAS) are a large group of man-made chemicals that include perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS). PFAS have been used globally during the past century in manufacturing, firefighting and thousands of common household and other consumer products. These chemicals are persistent in the environment and in the human body – meaning they don’t break down and they can accumulate over time. In recent years, experts have become increasingly concerned by the potential effects of high concentrations of PFAS on human health.
Groundwater wells located on the perimeter of the Arbor Hills Landfill were sampled for PFAS at the request of The Michigan Department of Environment, Great Lakes and Energy (EGLE). One well was found to contain PFAS at concentrations above drinking water standards and as a result, additional remediation actions will be required by the Michigan PFAS Action Response Team (MPART). EGLE and the Michigan Department of Health and Human Services (HHS) were in the process of scheduling a town hall meeting to review the PFAS contamination discovered at the landfill when social distancing executive orders were put in place, thereby preventing such a meeting from being held.
EGLE and HHS have published a summary of the available information including a recorded town hall type presentation. The recorded town hall presentation gives an overview of PFAS issues, a summary of Michigan’s actions to address PFAS issues and specific information related to PFAS contamination found at Arbor Hills.
A link to the information available from EGLE is available here. The Conservancy Initiative is seeking additional information. Here is a very brief summary of the Arbor Hills PFAS contamination:
Groundwater wells located on the perimeter of the landfill were sampled for PFAS at the request of EGLE. One sample contained slightly more than the 70 parts per trillion (ppt) standard for drinking water.
Seven (7) residential water wells located just south of the landfill were tested for PFAS contamination and found to meet drinking water standards.
NOTE – From the information provided by EGLE, groundwater from the Arbor Hills Landfill flows to the Southeast. There are no residential wells southeast of the landfill. The wells to the south represented those most likely to be impacted. Most households in the area have a municipal water supply and do not utilize well water.
Advanced Disposal is working with EGLE to perform additional investigations including sampling to determine the limits of the contamination and the likely source.
Additional information from PFAS information from MPART is available here.
Ridge Wood Elementary Hydrogen Sulfide Air Monitor Update
Below is a reproduction of a letter from Advanced Disposal Services’ public relations consultant. The letter was received by the Township and provides an update on the status of the hydrogen sulfide meter planned to be installed near Ridge Wood Elementary School.
It is unclear how the current Stay at Home orders may delay installation. The Conservancy Initiative will pass on any additional information as soon as it becomes available.
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(…….), good morning,
We want to share this update regarding the air quality monitoring station installation at Ridgewood Elementary, which we’ve also provided to state legislators.
Advanced Disposal is committed to ensuring the health and safety of our Arbor Hills landfill neighbors and to providing the resources and expertise necessary to addressing questions. The Ridgewood Elementary air quality monitoring station will provide technology needed for scientific air quality information, which we believe will bring confidence and comfort for parents and teachers of students at Ridgewood, as well as others in the neighborhoods near the school. We appreciate the suggestion made by the community for this resource.
Working in coordination with the Northville School District, Advanced Disposal and district leaders are making good progress toward bringing the new Ridgewood Elementary air-quality monitoring station online.
Monitoring equipment (data logger, cell modem, hydrogen sulfide monitor) has been delivered to Advanced Disposal and pretested for installation. A protective shelter housing has been ordered to enclose equipment.
Advanced Disposal and the Northville School District have recently ironed out most components of an access agreement that includes site layout and addresses additional school district comments and other details. We are awaiting any additional edits/changes in order to finalize the document, which then will allow site work to begin, including: prep and grade, install a cement pad on which the shelter housing and monitoring equipment will be placed, electric power installation, shelter housing and monitoring equipment installations.
Additional steps in the works for bringing the Ridgewood monitoring station online include: approval from DTE Energy to install a power line (underground) to the site; local permits (or waivers) for the cement platform pad, protective fencing and meeting stormwater management requirements.
We anticipate monitoring to begin late April – early May, though factors beyond Advanced’ control, e.g. shelter-in-place restrictions associated with COVID-19, may impact vendor work. We will do our best to work though these circumstances.
We know this is of great interest to many, and Advanced Disposal looks forward to showcasing the system with all of you when it is complete and operational. We will keep you posted as we get closer to completing the project, but feel free to inquire any time.