Overview:

-Wayne Disposal in Van Buren Township is seeking a 23% expansion.
-A Wayne County judge recently blocked the shipment of Manhattan Project-era nuclear waste to Wayne Disposal.
-"This is not a case of NIMBY, not in my backyard, because the Great Lakes is everyone's backyard," says Belleville Mayor Ken White.

Michigan regulators are indicating they will approve an expansion for the Wayne County hazardous waste facility that has received Manhattan Project-era nuclear waste, sparking pushback from metro Detroit lawmakers.

“Expanding this facility … is like stacking dynamite on an already unstable pile,” State Rep. Reggie Miller (D-Van Buren Township) said during a Monday press conference at the Belleville Area District Library.

The Wayne Disposal Inc. facility in Van Buren Township is already one of the largest hazardous waste facilities in the country and it’s located near schools, parks, senior living facilities, and Belleville Lake, Miller said.  

A draft license from Michigan’s Department of Environment, Great Lakes, and Energy released on Aug. 14 signals it will approve Republic Services’ proposed expansion for Wayne Disposal.

The company is seeking a 23% vertical expansion that would increase its capacity by about 5.2 million cubic yards. The site has accepted radioactive waste and some of the most harmful chemicals in existence, including PCBs, dioxins, and PFAS chemicals.

Over 60 people attended the press conference, which included remarks by State Sen. Darrin Camilleri (D-Trenton), U.S. Rep. Debbie Dingell (D-Ann Arbor), Michigan House Minority Leader Ranjeev Puri (D-Canton Township), Wayne County Executive Warren Evans, U.S. Senate candidate Dr. Abdul El-Sayed, and several other officials.

Speakers drew attention to the landfill’s potential impacts on local waterways and the Great Lakes. While lawmakers stressed the need to speak out against EGLE’s possible approval of the expansion permit, several said legislation is necessary to protect Michiganders from out-of-state waste.

Whitmer, Speaker Hall need to push for hazardous waste reform, speakers say

Camilleri and Miller introduced legislation in April that they said would reduce the amount of waste coming into the state by increasing tipping fees for landfill waste, nuclear materials and hazardous waste, among other provisions.

“It comes down to the governor and (Michigan House) Speaker Matt Hall, to work this out; they have the power,” Miller told Planet Detroit. Her power to advance the bill is limited with Republicans in the majority in the House, she said.

When Miller was asked if she’s seen any effort by Michigan Gov. Gretchen Whitmer to push for the hazardous waste legislation, she replied, “No.”

Whitmer spokesperson Stacey LaRouche said the governor has previously called on the legislature to raise tipping fees for landfill waste and increase hazardous waste fees to disincentivize shipments of out-of-state waste to Michigan.

“The governor looks forward to the legislature getting to work and sending bills to her desk,” LaRouche said.

Hall’s office did not respond to a request for comment.

Evans said EGLE’s decision-making criteria tends to ignore community concerns.

“We need to get the legislative change so we’re not begging for EGLE not to give us a permit,” the Wayne County executive said Monday.

EGLE spokesperson Josef Greenberg told Planet Detroit the posting of the draft license is the beginning of the public comment period in which the public can provide feedback before a final decision is made.

“EGLE is legally obligated to issue a permit when an applicant meets all requirements set forth in Michigan law,” Greenberg said. EGLE is prepared to engage with lawmakers on possible statutory changes and has done so in the past, he said.

Along with raising tipping fees for various waste categories, Camilleri and Miller’s legislation would:

  • Require the state to adopt a new hazardous waste plan and limited activity radioactive material plan and update it every five years.
  • Issue a moratorium on licenses for new hazardous waste facilities until EGLE completes the hazardous waste plan and extend the moratorium for new facilities or expansions if they would cause the total capacity in an area to exceed limits set in the plan. 
  • Prohibit the disposal of certain types of TENORM, or technologically enhanced naturally occurring radiological material.
  • Prohibit the down blending of TENORM, where radioactive waste is mixed with other material to reduce the radioactivity level and allow for disposal.
  • Prohibit new or expanded hazardous waste facilities and class VI injection wells in overburdened communities or areas that exceed certain population densities. 
  • Increase the financial assurance required for facility operators. 
  • Create funds with tipping fees for cleanup and redevelopment, materials management, and host communities.

Camilleri said Republic sped up its expansion process because the company knows her legislation would stop it. So far neither Camilleri’s Senate bills nor Miller’s House bills have been taken up for a vote.

Republic Services spokesperson Melissa Quillard told Planet Detroit in an email: “We have not accelerated the process.”

A view of the Wayne Disposal facility in Van Buren Township from Willow Run Airport. Photo by Brian Allnutt.

Great Lakes are ‘everyone’s backyard’: Belleville mayor

A preliminary injunction issued this month blocked  all shipments of Manhattan Project-era waste to Wayne Disposal, and said the facility could potentially impact local waterways.

“Runoff rainwater and/or contaminated surface water from the WDI Facility, if not fully contained and treated on site, would flow into one or more of the county drains and/or could drain into nearby Belleville Lake, the Huron River, and Lake Erie,” Wayne County Circuit Court Judge Kevin Cox said in the order. 

Canton Township Supervisor Anne Marie Graham-Hudak said Monday the injunction calls into question the basis for granting the expansion, adding that EGLE should not consider expanding the facility until a final court ruling is made.

Belleville Mayor Ken White called attention to the large population near the facility and said pollution from the site could affect the Huron River and the Great Lakes.

“This is not a case of NIMBY, not in my backyard, because the Great Lakes is everyone’s backyard,” he said.

El-Sayed, former Wayne County health director, said the company is “foundationally and fundamentally unaccountable.” Republic has a history of violations and failed to notify local officials about shipments of radioactive and hazardous waste, he said. 

Republic’s Quillard said Wayne Disposal has extensive environmental safeguards in place, including containment and air pollution control systems; 100 groundwater, surface water, sediment, and soil monitoring locations; and a robust liner system.

“The landfill operates in compliance with all regulations and has not received any notices of violations related to TENORM,” she said.

El-Sayed said preventative action is needed, adding that Michiganders have often responded to environmental problems, like the Flint water crisis or PFAS contamination, after they occur.

“This is a moment when you can still do something,” he said.

EGLE will hold a public hearing on the proposed landfill expansion from 7-9 p.m. Thursday, Sept. 18. The hearing will be preceded by an open house from 5-6 p.m. and an informational session from 6-7 p.m. The event will take place at the Wayne County Community College District, Ted Scott Campus, 9555 Haggerty Road in Belleville.

The public comment for the draft license was extended by EGLE on Wednesday and will now end will end at 5 p.m. Oct. 31.

MORE PLANET DETROIT REPORTING

Editor’s note: This story has been updated to reflect the Michigan Department of Environment, Great Lakes and Energy’s announcement Wednesday that it extended the public comment period on the Wayne Disposal expansion to Oct. 31, and to add additional comment from Republic Services.

Brian Allnutt is a senior reporter and contributing editor at Planet Detroit. He covers the climate crisis, environmental justice, politics and open space.