December 27, 2005

The Department of Environmental Quality today announced that it must issue a hazardous waste management facility operating license to Environmental Disposal Systems, Inc. (EDS), for the aboveground hazardous waste treatment and storage operations at its deep well injection facility in Romulus.

“Our first choice would have been to adhere to the wishes of the communities of Romulus and Taylor,” said DEQ Director Steven E. Chester, “but because of state and federal law, and actions by previous administrations, the DEQ must issue the operating license.”

Governor Jennifer M. Granholm recently announced her support for Senate Bill 255 which would allow local communities to impose an impact fee on liquid hazardous waste disposed of in commercial injection wells within their community. The bill, sponsored by Senator Ray Basham, would allow for the creation of a fund to be used to promote the health and safety of the municipality’s residents. The Governor also announced support for re-empowering the state’s Site Review Board to make decisions regarding the siting of future Hazardous Waste Facilities within Michigan, a power that was taken away by the Engler administration. Then-DEQ Director Russ Harding issued the first part of this two-phase permit over the objections of the state’s Site Review Board. Harding issued a construction permit in February 22, 2001. The state’s Site Review Board opposed locating the well in Romulus, but then-Director Harding overrode the board’s recommendation.

“I would expect EDS to be a good corporate citizen to the communities of Romulus and Taylor,” said Granholm. “I hope they would be cognizant of the impact that this well will have on these communities and will work with the communities to ensure that all of their financial and health concerns are addressed.”

Because the construction permit was granted, DEQ is now legally bound to issue the operating license to EDS upon its compliance with the original construction permit. EDS withdrew their original request for this license in late 2004 when they failed to comply fully with the terms of its construction permit. EDS has now fulfilled all terms of the original construction permit and under state and federal law are entitled to the operating license.

“After extensive review, DEQ has determined that EDS meets all of the state's rigorous requirements to ensure the facility is, and will remain, protective of the environment and public health,” said Director Chester. “However, the DEQ understands the concern in the community over this facility, and will do everything within our authority to actively monitor the operations at the facility on an ongoing basis to assure the public that it is being operated in a safe manner.”

Authorization for construction of the underground wells was granted by the United States Environmental Protection Agency in 1998. In addition, EPA had a chance to stop the planned operation of the facility in 2004; however, they issued EDS a waiver stating that the injected waste would not migrate to contaminate groundwater, despite another business being granted the right to use that same formation. Governor Grahnolm wrote to President Bush in March of 2004 asking him to urge EPA to deny the waiver.

EDS will inject liquid hazardous waste into the Mt. Simon formation which is located 4500 feet below the surface and 4,100 feet below the lowest groundwater level. This same formation has been used safely by 3 other companies in Michigan over the years.

Monitoring of the injection wells will be conducted by both the DEQ and the U.S. Environmental Protection Agency under separate state and federal authorities.

The EDS facility will accept up to 400,000 gallons per day of liquid hazardous waste from off-site industrial generators for treatment and storage prior to disposal in deep injection wells.

A copy of the final operating license, along with additional project information, is available on the Internet via the DEQ's EDS Information Page at http://www.michigan.gov/deq/0,1607,7-135-3304-19137--,00.html.

Editor’s note: DEQ news releases are available on the department’s Internet home page at www.michigan.gov/deq.

“Protecting Michigan’s Environment, Ensuring Michigan’s Future”

Revised December 27, 2005 by Pat Watson