Anti-fracking group adds comments to VBT landfill presentation

By Rosemary K. Otzman
Independent Editor
After a lengthy presentation on how the Wayne Disposal hazardous landfill operates on the I-94 North Service Drive in Van Buren Township, VBT Supervisor Linda Combs read 31 questions from cards turned in by members of the audience.
This was at the Sept. 2 regular meeting of the VBT Board of Trustees and the subject of fracking waste being accepted by the landfill dominated the meeting.
Hydraulic fracturing, or fracking, is a process in which fluids are injected into an underground shale layer to allow the extraction of oil and gas that can’t be obtained through traditional drilling methods.
About a dozen members of the Committee to Ban Fracking in Michigan, aiming to put the issue of fracking on the 2016 general election ballot, were present to speak out, but Supervisor Combs pointed out this was an informational presentation only, not a public hearing.
The members who spoke were from Jackson County, Ann Arbor, and Walled Lake.
Anyone was able to speak for three minutes each on any subject at the end of the meeting.
On the chairs in the audience, Supervisor Combs had put out a generous supply of cards and pens and lists of elected officials in Lansing and Washington to contact with their issues.
At the beginning of the meeting, Trustee Regina Miller asked Supervisor Combs to read the comments she had prepared to read later in the meeting at the beginning of the landfill presentation and so she complied.
Supervisor Combs explained the way the meeting would go, with the use of the cards for questions, because this was not a public hearing and the township has no jurisdiction over Wayne Disposal’s acceptance of fracking waste.
Trustee Miller objected, saying the board has never had cards at a public meeting before.
Combs replied this was to keep order and since it was not a public hearing this presentation was to provide information only.
“It’s a process we don’t really need…” said Trustee Miller. “I disagree with this.” She said she has enough trust in people in the audience to ask appropriate questions.
Combs said she talked to board members and talked to Miller about this process. When Miller said she had not agreed to cards, Combs said she called her and left a message.
“I wanted to go on record,” said Trustee Miller and Combs replied, “You’re on record,” and members of the audience applauded.
Then Combs asked for a change to the agenda to put the landfill presentation before the public hearing on a Constellium tax abatement and Miller was the only one voting no.
Joseph Weismann, Certified Health Physicist and vice president of US Ecologies Radiological Programs, and Kerry Durnan, Director of Operations for Wayne Disposal, gave a PowerPoint presentation on the background of the landfill and its operations.
Weismann said there are 17 hazardous landfills nationwide and five east of the Mississippi, including the one in VBT. He said the landfills are regional because other states don’t have hazardous landfills.
He told of the monitoring of the facility by the state and federal authorities.
Weismann said when a report in the Detroit Free Press said Wayne Disposal was accepting 36 tons of fracking waste from Pennsylvania touched off a furor in Southeastern Michigan, Wayne Disposal decided not to accept the waste and, “Those boxes are not coming.”
He said the fracking waste was “unregulated waste that is within our permit. Pennsylvania didn’t have the criteria” to dispose of it, so it had to go out of state.
He said proposed shipments have to be approved by the MDEQ before shipping. Weismann said Pennsylvania does take tens of thousands of tons of fracking waste.
Weismann said when the Governor sent out a press release that he was forming an advisory council on the subject, Wayne Disposal voluntarily suspended disposal of fracking waste pending the release of a report by the council.
“We support a strong regulatory framework for waste,” Weismann said. “We want to be a good corporate citizen … and protect the environment.”
Weismann said the second story the Free Press did was concerning the company’s request in October 2013 to increase its TENORM (low-activity technologically enhanced naturally occurring radioactive material) disposal limit. He said the MDEQ has been reviewing the request for nine months.
“The increased TENMORM limits do not apply to nuclear waste or low-level radioactive waste,” Weismann said, “only low-activity, naturally occurring materials…”
Weismann said the Detroit Free Press’ upcoming story will be on violations at Wayne Disposal and he explained violations and how they are handled. (That story was published in the Free Press’ Sunday, Sept. 7 edition.)
After the landfill representatives had left and the regular township meeting agenda was concluded, members of the audience asked more questions about the landfill.
Van Buren Public Schools Board of Education Trustee Scott Russell asked the board to endorse him for a seat on the Governor’s panel, but the board did not speak to his request.
Several members of the anti-fracking group spoke on their stand and Combs and other members of the board said they were against fracking, too.
On another topic, Karen Ford, acting president of Cobblestone Homeowners Association, asked if the township had reached any new agreement with the developers at their development, and Combs said no. Ford said they are still building and getting permits although they have not complied with regulations. Combs said she would check into the situation.
Trustee Jeff Jahr asked if they are not considered a successor developer, why are they getting the perks of a successor developer?
In other business at the Sept. 2 meeting, the board:
• Approved a combination of lots as requested by Costco Depot;
• Held public hearings on tax abatements for Constellium Automotive USA and then granted them both. Constellium, located on Schooner Drive, will get a property tax exemption of 50% for 11 years and personal property tax exemption paying zero for six years;
• Approved the posting of a GIS (Geographic Information System) Technician Job Description as presented by DPW Director James Taylor, who expects the wages (from $30,534 to $42,344, including bonuses, but not including benefits) to be paid with the SAW grant coming from the state in a year or two and being retroactive. There was much discussion at the Aug. 18 work/study session on how the grant is coming through DPW, but the IT person should be under the direction of IT Director Steve Rankin; and
• Held the first reading of a change to the Zoning Ordinance removing the sentence which states, “Uses for enterprises that are contrary to Federal, State or Local Laws or Ordinances are prohibited,” since the Michigan Supreme Court struck down such language. The sentence, referred to as the “Livonia Language,” was added to the ordinance in 2011 in response to the Michigan Medical Marijuana Act. At the Aug. 18 work/study session this was discussed, along with medical marijuana dispensaries. Patrick Sloan of McKenna Associates, who is filling in at the VBT planning department, said dispensaries are not provided for in state law, but if the state law changes, “We’d have to change.” He said the township hasn’t received any applications for dispensaries, so there is no pressure on the subject.
On Sept. 2 at 4 p.m., the township board held a closed-door session to discuss an attorney-client privileged written opinion concerning Visteon.