Thursday, March 17, 2022

State settles lawsuit against Arbor Hills landfill

Northville Township Supervisor Mark Abbo
and State Attorney General Dana Nessel welcome the
results of the state lawsuit against Arbor Hills settled last week.
Area residents can expect the air in Northville Township to improve soon. 

Michigan Attorney General Nessel and the Michigan Department of Environment, Great Lakes, and Energy (EGLE) representatives met with Northville Township officials last week to explain that a settlement had been reached with Arbor Hills landfill in Salem Township.  The settlement came in response to complaints raised in a lawsuit filed by Nessel on behalf of EGLE in October of 2020. Under the terms of the consent judgment, landfill owners have agreed to make 17 key improvements including using a drone to measure surface emissions to lower the odor-emission problems that have plagued nearby residents for years. 

The agreed-upon improvements include the construction and operation of a household hazardous waste collection facility in the next 300 days.  The facility will be available to residents of Northville Township, the City of Northville and residents of Washtenaw County. The agreement also requires the creation of a perimeter monitoring station to identify concentrations of hydrogen sulfide and methane; the adoption of a leachate management plan; mandatory month checks of the landfill flare system; inspection of the gas wells twice a month; the launch of a public website at www.arborhillsmonitoring.com to provide real-time information to the public about landfill conditions.

In addition, the landfill owners will plant a vegetative buffer to reduce the transport of particulate matter and odors from the composting facility and landfill. The landscape will include hundreds of spruce trees.

Arbor Hills owners have also agreed to pay a $355,109 civil fine to EGLE within 30 days.

According to the agreed settlement, the environmentally beneficial projects and fines total more than $2.3 million.

The court will retain jurisdiction to enforce the terms of the consent judgment.

“Thank you to Attorney General Dana Nessel, Sen. Dayna Polehanki, Rep. Matt Koleszar and The Conservancy Initiative for their efforts in bringing about this resolution to the EGLE lawsuit,” said Northville Township Supervisor Mark J. Abbo. “Progress was made today in our expectations of a safer environment for our community.”

“This settlement helps to address the years of health and safety concerns community members felt were going ignored,” Nessel said. 

“I appreciate the collaborative work done between my office and EGLE to reach this point. This is a comprehensive agreement with the landfill's new ownership to remedy outstanding issues for those who live and work in the surrounding area.” 

Northville Township filed a separate lawsuit against the landfill in November 2021 independent from the state efforts. The township complaint includes claims against Arbor Hills Landfill for breach of contract, public nuisance, private nuisance, trespass, negligence and seeks injunctive relief from the court. This consent judgment has no impact on the township case.

Koleszar congratulated Northville Township residents for taking a stand, which led to this settlement as did Polehanki. 

“Today is a very good day in Northville Township,” she said. Both legislators regularly notified Nessel's office and EGLE officials regarding the continued complaints from Northville residents regarding noxious odors from the landfill.

“Much gratitude to everyone who worked so hard on this matter,” Abbo said.