The city of Detroit’s Buildings, Safety Engineering, and Environmental Department (BSEED) on Friday denied a Canadian-owned oil recycling company’s application for special land-use approval to rebuild and expand its facility.
Aevitas Specialty Services Corp., located at 663 Lycaste Street, is responsible for years of documented air quality and odor complaints from community residents in surrounding neighborhoods.
The state of Michigan’s Department of Environment, Great Lakes, and Energy (EGLE) has conducted 64 air complaint investigations at the facility, issued five air quality violation notices, and six compliance communications regarding hazardous waste and non-hazardous liquid waste transportation and storage, according to the agency.
Following a fire that forced the facility to close last June, a city council resolution initiated by District 4 Council Member Latisha Johnson found that the facility had been operating illegally as an oil recycling facility, when city records designate the facility’s land-use as a warehouse.
In hopes of restoring operations, Aevitas submitted a site plan to expand the existing 15,757-square-foot building by an additional 16,177 square feet. The company also submitted an application for special land-use approval; BSEED held its public hearing last month, and six city departments and eight community residents asked questions and voiced concerns.
A decision was released Friday in a letter from BSEED director David Bell, denying the company’s special land-use application.
“Upon careful consideration of the application and all materials, letters, public
comments, and other information presented, BSEED is unable to make all of the required findings… which are required for approval of the Requested Use,” Bell wrote.
BSEED’s decision will become effective on July 31, and Aevitas has 13 days to appeal the decision to the Board of Zoning and Appeals.
Aevitas CEO Robert Slater did not respond to a request for comment, but has previously told BridgeDetroit the intended restoration would include expanded odor control measures. He said Aevitas’ Detroit location is valuable to the company’s operations, as most of its clients are based in the city. He said if the company ever had to relocate, they would consider it, but it is not currently being discussed.
While the decision was largely informed by testimony from the June 17 public hearing and materials submitted by the company, BSEED also considered recommendations from city departments. Such as:
- A letter from the Planning and Development Department recommending denying the request;
- A letter from the City Planning Commission recommending denying the request;
- An email from Emergency Management and Homeland Security recommending denying the request;
- An email from Environmental Affairs recommending approving the request.
The letter specifies five different areas where BSEED could not find evidence to support approval, all of which are related to various concerns from neighboring residents.
“BSEED is unable to make the required finding that the Requested Use will not involve activities, processes, materials, equipment or conditions of operation that will be detrimental to the physical environment or to public health and general welfare, by reason of excessive production of noise, smoke, fumes, glare, or odors,” Bell wrote.
The letter lists additional reasons that would not support approval:
- BSEED is unable to verify that the facility operations will not endanger the social, physical, environmental or economic well-being of surrounding neighborhoods.
- BSEED is unable to verify that the facility will not impede on the enjoyment of other property in the vicinity.
- BSEED is unable to verify that the facility will meet all use regulations and requirements.
- BSEED is unable to verify that the facility will not process materials that will be detrimental to the public health.
These specific distinctions were informed by resident testimony from the public hearing regarding truck traffic on residential streets, the company’s history of violations and lack of prevention, and resident testimony regarding noxious fumes and odors diminishing quality of life.
East side resident Eden Bloom and attorney Andrew Bashi from the Great Lakes Environmental Law Center — who have both been tracking issues with the Aevitas plant — emphasized the importance of a city response in a written press release.
“This neighborhood has been breathing Aevitas for over a decade,” Bloom said in the statement. “The city looked at its own record, considered the facility’s impact on our air quality, health and quality of life and said no. This is what accountability looks like.”
“Every Detroit neighborhood deserves this same level of care… a denial only means something if the city is willing to fight for it,” Bashi added in the statement. “In the case of an appeal, we expect the law department to prepare a vigorous defense of this decision.”
The status of the company’s air quality Permit to Install is still under review by EGLE. EGLE’s public comment period runs now through Aug. 25, with a public hearing scheduled for Aug. 18 at 6 p.m. at Wayne County Community College East.
Aliana Ritter’s work is supported through a partnership between BridgeDetroit and the Detroit River Story Lab at the University of Michigan.