Michigan Senators try again for legislation to keep out hazardous waste

Members of the Michigan Senate are once again weighing efforts to deter out-of-state companies from dumping hazardous waste in the state while updating standards for managing landfills and potentially harmful materials.

Sen. Darrin Camilleri (D-Trenton) on Thursday laid out a renewed proposal for revamping the state’s approach to hazardous waste management before his colleagues on the Senate Energy and Environment Committee.

During his testimony, Camilleri noted the bills are a response to recent attempts to ship hazardous waste from the East Palestine train derailment, as well as radioactive material from the Manhattan Project, into disposal sites within his district.

“I’ve had countless conversations with residents and local municipal leaders who are horrified about that potentially harmful material being transported to their communities on their roads and disposed of in their backyard,” Camilleri said. “Frankly, it is ridiculous that these facilities are located in these dense population centers in the first place.” 

It would also place stricter siting requirements on hazardous waste facilities to keep them away from large population centers and cap the amount of hazardous waste disposed of within Michigan by tying it to the amount of waste the state produces.

While federal law prevents Michigan from banning trash from other states, Camilleri said his policy is a creative effort to try and skirt federal regulations on commerce between states by preferencing Michigan’s waste, and allowing other states to send their waste on top of that.

“It’s not a perfect solution to that out of state problem, but it’s our version of trying our best to take care of home first,” Camilleri said.

Additionally, Senate Bill 246 increases the fees for disposing of hazardous waste from $10 a ton to $25 a ton, radioactive waste from $5 per ton to $12.50 per ton, with a portion of the increased fees going towards redevelopment. Another percentage would go toward a new community surcharge reimbursement fund, and another piece would go toward a grant fund to support communities that host hazardous waste disposal facilities.

Camilleri’s proposal would also increase the waste tipping fee, or the charge to dump in Michigan landfills, from 36 cents a ton, to $1.20.

In her budget proposals for the 2024-2025 and 2025-2026 fiscal years, Whitmer asked lawmakers to increase the state’s tipping fee to $5 in order to combat out-of-state dumping and increase revenue for environmental remediation, brownfield redevelopment, local waste management assistance and grants and recycling initiatives.

Alongside Senate Bill 246, Camilleri’s Senate Bill 247 targets a liquid waste injection well in Romulus, creating a $100 per ton tipping fee for the waste that goes into those wells.

“The city of Romulus is, right now, on the hook for all types of public safety,” Camilleri said. “In the event of a disaster with this type of well, they will be the ones forced to pay for additional equipment, additional public safety, including fire and EMS. … This type of fee would help offset some of those costs.”

During the meeting, local officials from Romulus and nearby Van Buren Township and Canton Township shared their support for the bills. They cited concerns about out-of-state dumping, and the public health and environmental threats that could come from storing more waste at facilities like the Wayne Disposal Inc. Hazardous Waste Landfill in Van Buren Township.

Canton Township Supervisor Anne Marie Graham-Hudak noted that the landfill is three miles south of Canton and sits next to two schools in a residential neighborhood. It’s also surrounded by environmental justice communities, she said, neighborhoods where people of color and low-income individuals are disproportionately exposed to environmental hazards.

Kevin Krause, the director of community safety and development for the city of Romulus, said the city is inadequately prepared to respond to an emergency at the Romulus injection well, not only from the perspective of the local fire department, but from the regional and county level, as well. 

“We are under-resourced, under-trained and underprepared at this particular location,” Krause said.

Should there be an issue with the injection well, the response will fall solely on the shoulders of local firefighters to mitigate any threat to the environment and population, while agencies like the Federal Emergency Management Agency, the U.S. Environmental Protection Agency and the Michigan EGLE would only be able to provide administrative support.

Supporting Senate Bill 247 would give the city the ability to develop proper pre-response plans, raise awareness, and incorporate surrounding departments and regional hazardous materials teams into their planning, Krause said.