The state has reached a nearly $1 million agreement with hazardous waste processor US Ecology that calls for fines and community investments over environmental violations, including a leak that posed a contamination threat to groundwater.
The consent agreement signed this week addresses five violations issued between September 2021 and September 2023 including improper handling of hazardous waste, a fire and a leak as well as modifications to operations without notification to the state. The order requires US Ecology to pay approximately $58,000 in fines to the Michigan Department of Environment, Great Lakes, and Energy (EGLE), and to invest $927,423 more into environmental projects that will benefit the community.
The agreement represents a major shift from the state: In 2020 EGLE signed a similar order with the company to address 27 violations, but did not issue fines. After the order was signed, US Ecology subsequently racked up 14 more violations and a fine of $2,000 for two violations issued for odors. The new consent order requires that US Ecology pay fines and improve procedures for increased safety.
Upgrades to the facility include installation of a state-of-the-art tank system, groundwater monitoring wells and improved procedures for waste handling and treatment, according to a statement from Republic Services, which purchased US Ecology in 2022.
“We have worked diligently to bring this recently acquired facility up to our high operating standards, and appreciate the input from EGLE and other stakeholders to help ensure we are operating safely and responsibly,” the statement read.
The company was also required to do soil and water testing to determine if the leak contaminated groundwater.
“Our work with EGLE confirmed there were no offsite impacts from the prior tank system at Detroit South and no impact to groundwater,” said a Republic Services spokesperson.
The Detroit-Hamtramck Coalition for Advancing Healthy Environments has been advocating for years for better enforcement and protections for residents surrounding the site.
“We have been watching for this order for over a year and are very pleased to see that our concerns and past harms have been taken seriously by [EGLE],” coalition steering member Sharon Buttry said by email.
The coalition, she said, has been meeting with US Ecology to discuss possible environmental projects for the neighborhood including a vegetative buffer around the facility, improved air quality monitoring on and around the site, air filters for resident homes, home repairs, and other improvements. Once a draft proposal is complete, the coalition and US Ecology will take it to the community for review on July 30.
US Ecology has until mid-August to submit an environmental project proposal to the state.
EGLE director Phil Roos said that the health and safety of Michigan residents is a top priority.
“This nearly $1 million agreement goes a long way toward ensuring that the people who live in this community feel protected,” he said in a press release. “They deserve to know that facilities handling potentially dangerous wastes in their community are doing so responsibly and in accordance with all rules and laws designed to ensure consistent and thorough safety procedures are followed.”
Failure to comply with the agreement could result in US Ecology paying daily fines to the state ranging from $500-$25,000 when violations occur.
Nicholas Leonard, executive director of the Great Lakes Environmental Law Center, said the agreement “appears that EGLE is taking the violations very seriously.”
In 2020, the law center filed a complaint with the state claiming that EGLE’s permit for a major expansion of US Ecology North and allowances to store 677,000 gallons of hazardous waste was discriminatory against people of color.
“This [agreement] is certainly a change,” said Leonard. “It sends a better signal to companies operating in the space that, ‘hey, these are things that we’re taking more seriously, and you’re gonna have to take them seriously as well.’”
Since 2023 when a leak was first discovered by the state, part of the facility has been shut down in order to make repairs to equipment and conduct testing of the soil and groundwater near the leak site. US Ecology will be allowed to restart that part of its operations on July 22.