VBT attorney explains Wayne Disposal lawsuit and what’s ahead

Brandon Grysko, partner in the law firm Fausone & Grysko in Northville, told the Van Buren Township Board of Trustees a step-by-step report of what has happened in the township’s law suit against Wayne Disposal’s radioactive waste and explained what is expected to come next as the suit continues.
At the township’s regular board meeting on June 3, supervisor Kevin McNamara said he had invited Grysko to address the board to bring them up to date. He said others who are interested can view the recorded report on the township’s YouTube recording of the meeting or on its website.
Grysko said the law suit, brought by the city of Belleville, Van Buren Township, Canton Township, and city of Romulus, was slated to be short, but it ended up being long and still going on. He wanted to tell how they got where they are.
Wayne County is an intervening party.
He said the lawsuit was filed in September of 2024. In late August the news broke that Wayne Disposal was bringing radioactive waste into its site in Van Buren Township.
A townhall meeting was set up at Wayne County Community College to discuss this and the Michigan Department of Environment, Great Lakes and Energy (EGLE), and the Environmental Protect Agency (EPA) told the public they have been doing it for years, he said.
Grysko said on Sept. 16 they filed the 64-page law suit to challenge their ability to do that without public comment.
He said they wanted to put a stop to it before the waste got into the ground, since law suits can take years, so they filed a motion for a temporary restraining order.
A few days after filing, Wayne County Third Circuit Court Judge Kevin Cox issued the temporary restraining order.
The first count was under the nuisance code and Van Buren Township fire chief said there is a real danger because the fire department didn’t have training to fight fires at the site and there were access issues.
Grysko said another count under the public nuisance code is that the public has a right to comment on the Wayne Disposal license which has been expired for two years, but allowed to continue.
He asked for a general injunction.
Wayne Disposal filed an emergency motion and an evidentiary hearing was to be set. He said it didn’t happen for a couple of months and it was set in October.
He said then Wayne Disposal filed to have the case heard in federal court. So the case was sent to federal court and then remanded back to Third Circuit Court. Instead of an evidentiary motion, Wayne Disposal filed a motion for summary judgment to dismiss. That was set in February. The injunction was still in place.
Judge Cox ruled from the bench against the motion for dismissal. Evidentiary hearing dates were set for May 19 and 20. Grysko said there were 4,000 pages of documents and it was like a trial.
This was to determine whether or not there was sufficient evidence for the injunction to stay in effect.
Grysko said his team called six witnesses on the first day and Wayne Disposal put on three witnesses the next day. The judge ordered proposals from each side by late June. Closing arguments are set for July 1.
Grysko said the township’s side had as witnesses the Wayne County Public Health official who talked about such waste streams in highly populated areas, an expert from the University of Michigan who talked about nuclear radiation, the Wayne County Drain Commissioner, a Homeland Security official, Van Buren Township fire chief Dave McInally, and Belleville mayor Ken Voigt.
Wayne Disposal called witness Liz Browne of EGLE who said a public hearing on the license renewal will be held in August. First there will be a town hall, then drafting of a permit, and then a public hearing.
Another Wayne Disposal witness was the contractor chosen to remediate the New York site. He said the U.S. Army Corps of Engineers has five sites nationwide that could be used. The contractors costed out the sites and cost was a factor, but not the only factor in choosing the Van Buren Township site, Grysko said.
Then there were two public service employees who explained how waste can come to Michigan Disposal, which is also on the Wayne Disposal site, and then be diluted and disposed on the site.
Grysko said on July 1 when there are oral arguments the judge could rule from the bench or he could take it under advisement since there is a lot of evidence to review.
“This is a very important case to the community,” Grysko concluded.
Supervisor McNamara said it would be improper to have comments or discussion on the case since the law suit is still active.
A resident in tears told the township board she was very upset over the radioactive waste coming to the township.
McNamara said step 1 is to try to stop it. The landfill accepts TNORMS (technologically enhanced naturally occurring radioactive material) and it was never intended to take nuclear waste, which is a big, huge difference, he said.
He suggested people call their state representative Reggie Miller and state senator Darrin Camilleri because they are working on state law can be passed to stop this and, “Ultimately, that’s what we want.”
He thanked the many township employees who gathered evidence for the suit. He said there were 10,000 pages gathered before that was cut down to the current 4,000 pages.
In other business at the 39-minute meeting on June 3, the board:
• Approved the first reading of an amendment to the township zoning ordinance to update exterior commercial lighting standards for public safety. Ron Akers, director of municipal services, said several developers asked to have higher light availability and the township checked with other communities and found the township’s lighting standards were not adequate. A public hearing was held May 14 at the planning commission, with no comments. The second reading and adoption of the amendment is expected at the next meeting;
• Approved the first reading of an amendment to the township zoning ordinance to reduce the setback requirement for monument signs within residential developments and specifying the requirements to be based on number of entrances. This is to bring the signs closer to the road so you can see them, McNamara said. A public hearing was held May 14 by the planning commission and there were no comments. The second reading and adoption of the amendment is expected at the next meeting;
• Approved change order #1 for the Tyler Road Sidewalk Project in the amount of $64,069.60. Director Akers said the township had additional funding so it can do more sidewalks and related work than originally planned. The township was approved for a $300,000 grant and this change order brings the total cost of the project to $244,870. The township spends the money first and then is reimbursed. There will now be sidewalk replacements in front of the ITC corridor, Parkwood, and Hickory Woods. In addition there will be some concrete driveway work (approaches and areas north of the sidewalk) to protect the sidewalk from damage from vehicles entering and leaving the driveway; and
• Heard McNamara praise the Belleville High School girls’ basketball team for winning the state title and the BHS boys’ track team that crushed the opposition at state and have two members who both set state records. He announced a program at the museum from 6-7 p.m. on June 26 on how to figure out the date your home was built and said the museum is celebrating the 100th anniversary of Belleville Lake and selling T-shirts and other items at the Belleville farmer’s market.
Absent and excused from the meeting were clerk Leon Wright and trustee Bryon Kelley.