After years of egregious mismanagement, Advanced Disposal Services (ADS) has received an enforcement notice for failing to remedy issues at Arbor Hills Landfill. Read the enforcement notice.
These issues, detailed in violation notices, include gas, garbage and compost odors that have led to thousands of odor complaints in the last three years. The Michigan Department of Environmental Quality (MDEQ) issued the enforcement notice on Jan. 24, 2019. It’s addressed to the landfill’s general manager, Bob Walls.
The notice reads: “This letter is to advise you of the commencement of escalated enforcement action against Advanced Disposal Services Arbor Hills Landfill, Inc. (Company). This letter follows the February 2, 2016; March 15, 2016; April 29, 2016; November 8, 2016; December 14, 2016; February 6, 2018; August 31, 2018; October 12, 2018; January 14, 2019; and January 17, 2019 Violation Notices (VNs) issued by the Michigan Department of Environmental Quality (MDEQ), Air Quality Division (AQD) and Waste Management and Radiological Protection Division (WMRPD).”
Since 2016, Advanced Disposal has received 10 violations for mismanaging Arbor Hills Landfill in Washtenaw County. Fortistar Methane Group has received its own violations dating back to 2015. Republic Services also received violations for failing to maintain and manage its gas collection system. Republic no longer has an interest in Arbor Hills Landfill.
The MDEQ alleges that Advanced Disposal Services’ various operational failures have resulted in air quality and solid waste violations including, but not limited to, nuisance odors as detailed in the violation notices. The MDEQ has asked the company to immediately undertake all actions necessary to resolve all violations identified in the enforcement notice and the violation notices listed above.
The MDEQ is providing Advanced Disposal Services with an opportunity to formally resolve these violations through the entry of a legally enforceable agreement that includes a compliance program and payment of an appropriate monetary penalty (in the hundreds of thousands of dollars.) Deadline is Feb. 8, 2019.
The actions the MDEQ wants them to take include:
- Shut down compost operation
- Reduce amount of garbage they accept daily
- Stop accepting certain types of smelly garbage
- Install odor monitoring system so as trucks pull in, if garbage is too smelly, they are turned away
- Reduce size of open face where garbage is added daily
Advanced Disposal Services can either agree to make the changes and accept the fine or they can try to negotiate a different solution. The other option they have is to refuse to comply with these actions. If this happens, then the MDEQ will turn this over to the Attorney General to take them to court to force them to take these actions. Both are considered long-term actions. If it goes to court, it will be years before it is settled.
Residents are invited to an information meeting on March 20 regarding Fortisar Methane Group’s permit change request. Residents can ask questions about the landfill, the enforcement notice and any general questions at this meeting.
Arbor Hills Landfill was opened in 1970 by Holloway Sand and Gravel. There have been odor episodes and plenty of other issues throughout the years but residents say it’s never been as bad as it is now. Plymouth, Northville, Salem and Novi residents submitted over 2,000 odor complaints in 2018 alone.
Arbor Hills Landfill in Salem Twp. is permitted by the MDEQ. Waste is delivered to the landfill by both haul and transfer loads. According to its website, Arbor Hills accepts municipal solid waste, construction and demolition debris, municipal and industrial sludges, friable and non-friable asbestos and residual wastes. The facility currently uses tipper service to assist with unloading of waste trailers.
Arbor Hills Landfill is included in the state of Michigan County Solid Waste Plans, has contracts with residual waste generators in both Michigan and surrounding states and accepts waste from Advanced Disposal subsidiaries and third-party companies, according to its website.