Overview:
- Michigan Against Atomic Waste appeals state approval of a major expansion for the Wayne Disposal hazardous waste landfill in Van Buren Township.
- The group argues the facility's on-site radiation monitoring fails to provide accurate background levels, and requests a public hearing.
- Nearby communities are awaiting a judge's decision on a lawsuit to stop radioactive waste shipments to the landfill near Belleville Lake.
A group that aims to block shipments of radioactive waste to a Wayne County landfill filed an administrative appeal last week challenging the state’s approval of a 5.2-million-cubic-yard expansion for the hazardous waste facility.
The operating license for the Wayne Disposal hazardous waste landfill in Van Buren Township allows owner Republic Services to perform background radiation monitoring on-site, Michigan Against Atomic Waste (MAAW), the grassroots group that filed the petition, said in a statement.
This fails to provide true background levels, the group said.
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Why it matters
State regulators approved an expansion of Wayne Disposal, located near Belleville Lake, in January — days before a trial over radioactive waste shipments to the landfill began.
Who's making public decisions
The Michigan Department of Environment, Great Lakes, and Energy will decide whether to grant a public hearing on the administrative appeal of the Wayne Disposal expansion, while Wayne County Circuit Court Judge Kevin Cox will rule on a lawsuit filed to stop radioactive waste shipments the landfill.
What to watch for next
Watch for Judge Kevin Cox’s decision in a lawsuit filed by nearby communities against Wayne Disposal that seeks to stop radioactive waste shipments to the landfill.
Are you taking action? Let us know.
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Republic spokesperson Melissa Quillard said: “The facility is equipped with multiple environmental protection systems to help safeguard the community, including a robust liner and leak‑detection system and comprehensive air and groundwater monitoring.”
Kurt Heise, MAAW’s attorney, said such environmental protections may be inadequate for an environmentally sensitive site in a populated area.
The Michigan Department of Environment, Great Lakes, and Energy (EGLE) should grant the group’s request for a public hearing, which could allow for testimony from experts and impacted individuals, he said.
“This is a major matter of public import, and I think it should be handled in the most transparent way possible.”
Landfill expansion approved days before radioactive waste trial
Attorneys for Wayne County and local communities argued in a lawsuit that shipments of radioactive waste to Wayne Disposal should not be allowed to resume or at least be reduced.
Belleville, Van Buren Township, Canton Township, Romulus, and the Van Buren Township fire chief sued in September 2024 to stop the shipments, and Wayne County intervened in the case.
A bench trial for the case took place in February in Wayne County Circuit Court, and litigants are awaiting the judge’s decision.
MAAW said in a statement that the timing of the landfill expansion approval raises concerns because it occurred days before the trial began.
Heise said the group is asking EGLE to reopen consideration of the landfill expansion as a contested case with a public hearing.
This could allow regulators to consider testimony presented during the trial, Heise said.
EGLE spokesperson Josef Stephens told Planet Detroit the agency is reviewing the appeal.
Michigan Against Atomic Waste raised concerns that material at Wayne Disposal could contaminate groundwater, lead to airborne radiation exposure, and negatively impact property values and community development.
The landfill is a few thousand feet from Belleville Lake, which is part of the Huron River system and Great Lakes watershed.
“Michigan communities deserve policies that prioritize clean water, safe air, and long-term environmental protection,” MAAW said in a statement, noting the Great Lakes constitute a large portion of the world’s freshwater.
EGLE’s Stephens told Planet Detroit that when the agency renewed the landfill’s license, it included enhanced stormwater controls, expanded environmental and air monitoring, and increased reporting during construction and extreme weather.
Communities await outcome of Wayne Disposal bench trial
Wayne Disposal is not properly monitoring background radiation levels, and disposing of so much waste in a highly populated area constitutes a nuisance, according to the plaintiffs in the lawsuit against the landfill.
Wayne County Circuit Court Judge Kevin Cox, who will issue a decision in the Wayne Disposal case, halted shipments of elevated radiation waste called TENORM from sites managed by the U.S. Army Corps of Engineers to the landfill with an Aug. 6 preliminary injunction.
“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,” Cox said in the order.
Planet Detroit reported in February the Army Corps was still sending waste from two Manhattan Project-era Ohio sites to Wayne Disposal, according to testimony at trial by a Republic Services employee.
Army Corps spokesperson Andrew Kornacki said at the time that this waste did not contain TENORM.
On Feb. 5 Kimberlee Kearfott, a University of Michigan professor and radiation protection expert, testified that radiation from the site is increasing, which could increase “the risk of cancers, life-shortening, and other effects associated with radiation.”
Scott Watson, an attorney for Wayne Disposal, said in closing arguments that TENORM has been disposed of at the site without incident, and the plaintiffs failed to show evidence of harm to residents.
The site has received over 600,000 tons of TENORM, according to Watson.
The waste is from at least a dozen sites managed by the Army Corps that were involved in the nation’s early atomic energy and weapons programs.
WAYNE DISPOSAL NEWS
Wayne County radioactive waste trial ends with attorney’s warning over future Manhattan Project shipments
Wayne Disposal attorneys argue plaintiffs failed to prove the landfill is harming residents, while lawyers for local communities say it’s unreasonable to dispose of radioactive waste in a highly populated area near the Great Lakes.
No risk to public from stored Manhattan Project waste: Wayne Disposal trial witness
Judge questions why waste was being sent to Wayne County if it poses no risk in New York.
Manhattan Project waste shipments to Wayne County landfill continue despite court order
Army Corps continues to send material from Ohio sites to Wayne Disposal, landfill employee testifies; Spokesperson for Wayne Disposal says it’s complying with injunction.