The planned disposal of nuclear waste in Van Buren Township is now a federal case.
Last week, attorneys for Wayne Disposal, Inc. moved the lawsuit filed by Canton and Van Buren townships along with the cities of Belleville and Romulus into federal court claiming the U.S. Constitution Commerce Clause does not allow states or local governments to unilaterally stop shipments of out-of-state waste.
The radioactive waste matter in dispute was to be hauled by truck from the Niagara Fall site where it had been stored from 1944 to 1952. The material was created during the development of atomic bombs during both World War I and II. A remediation of the New York site is planned to allow for future industrial development at the site, according to legal filings.
Currently, Wayne Disposal is receiving waste from an atomic development site in Ohio including radioactive materials from the 1940s and 1950s. That site, in Luckey, Ohio is currently under remediation by the U.S. Army Corps of Engineers.
Wayne County Circuit Court Judge Kevin Cox had initially halted the disposal of the waste pending a hearing last week. The case will now be under the jurisdiction of the U.S. District Court of the Eastern District of Michigan.
In the court filings, Wayne Disposal, Inc. attorneys contend that the clause in the constitution “has long provided that the problems of waste disposal represent “a matter national in scope and concern” and does not allow states or local governments to unilaterally stop shipments of out-of-state waste. The court filings further argue that stopping the waste shipments would “fundamentally interfere” with the federal hazardous waste program and create a problem for the U.S. Army Corps of Engineers.
The lawsuit filed by the local communities in September was later joined by Wayne County. Local officials claim that the disposal of the waste matter which emits low levels of radioactivity was a serious health hazard and threat to local residents. The municipalities contend the waste matter puts residents in danger and further claim that local officials were not notified of the plan to truck the nuclear waste through the area to the Van Buren site and that the communities are not prepared to respond if the material is spilled or escapes. The lawsuit further noted that while public hearings and meetings were scheduled in New York detailing the routes the trucks carrying the waste matter would take, no information at all pertaining to the planned disposal in Michigan was ever provided.
Wayne Disposal, owned by Republic Services has been importing and disposing of hazardous waste matter since 2006, according to court filings.
The proposed shipment of 6,000 tons of radioactive waste to Van Buren drew hundreds of area residents to attend a September town hall meeting attended by local, county and state officials.
The plan was vehemently denounced by residents at the meeting who cited health concerns and the impact on the area.
State lawmakers, including State Rep. Reggie Miller, tried to intervene with plans to limit the waste allowed to be transported to and stored in Michigan and tighten the rules for hazardous waste facilities. Miller, a Democrat who represents Van Buren, introduced a bill to prohibit the disposal of the waste matter. State Sen. Darrin Camilleri, D-Trenton, said he planned to introduce legislation to increase the fees Michigan imposes on hazardous waste landfills and injection wells.
No hearing date had been scheduled at press time.
